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4THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager J I February 7,2017 Agenda Item NO.:_'i_ A Resolution authorizing the City Manager to pay Bermello Ajamil & Partners, Inc . for irrigation plans, landscape design, lighting plans, bidding & award services and construction administration services for the second gateway monument welcome sign. Bermello Ajamil & Partners was selected for the design and development of construction documents for the City of South Miami Welcome Signs. The design scope included a gateway monument sign to be placed at Fuchs Park and a prototypical gateway/entry sign to be implemented at an entry point of the City where there is sufficient space along the roadway. The original purchase order was issued in the amount of $44,225 for schematic design, design development and construction documents. A request was made by City staff to Bermello Ajamil & Partners to provide a proposal for additional services for irrigation plans, landscape design, lighting plans, bidding & award services, construction administration and construction documents for an additional entry sign at Dante Fascell Park. Bermello Ajamil & Partners, Inc. has submitted a proposal in the amount of $10,060 for additional services to develop construction documents for the entry sign at Dante Fascell Park. In accordance with and pursuant to Florida Statute 287.055 for CCNA, Bermello Ajamil & Partners, Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with Bermello Ajamil & Partners, Inc. to perform engineering services for the City. $10,060 The expenditure shall be charged $10,060 to the Capital Improvements Program Fund account number 301-1790-519-6450 which has a balance of $995,000 before this request was made . AnACHMENTS: Resolution Proposal from Bermello Ajamil & Partners, Inc . Initial Purchase Order Resolution 146-15 -14485 (Approving Purchase Order for Welcome Signs) Resolution 120-13-13938 (Approving City Manager to execute Professional Service Agreement) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to pay Bermello Ajamil & Partners, Inc. for additional services for gateway monument welcome signs. WHEREAS, the City has a current contract with Bermello Ajamil & Partners for the design and development of construction documents for the City of South Miami Welcome Signs that was in accordance with and pursuant to Florida Statute 287.055 for CCNA; and WHEREAS, the design scope of the contract with Bermello Ajamil & Partners included a gateway monument sign to be placed at Fuchs Park and a prototypical gateway/entry sign to be implemented at an entry point of the City where there is sufficient space along the roadway. A purchase order was issued in the amount of $44,225; and WHEREAS, a request was made by City staff to Bermello Ajamil & Partners to provide a proposal for additional services to include construction documents for an entry sign at Dante Fascell Park; and WHEREAS, the City Manager has negotiated the price for the services to be rendered, which does not exceed the sum of $10,060; and WHEREAS, the total expenditure is not to exceed $10,060. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to amend the purchase order with Bermello Ajamil & Partners, Inc., for additional services to complete the engineering documents for an entry sign at Dante Fascell Park for an amount not to exceed $10,060 which is in addition to the purchase order issued to Bermello Ajamil & Partners, Inc., for completion of the documents for the City Welcome Signs at Fuchs Park, all in accordance with the form of Professional Service Agreement that was approved by the City Commission by Resolution 120-13-13938. Section 2: The expenditure shall be charged to the account number 301-1790-519-6450 which has a balance of $995,000 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ___ day of ______ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Welsh Commissioner Edmond Commissioner Liebman Commissioner Harris 8ermell o Ajami l & Partners , Inc . January 26, 2017 Ms . Shari Kamali Deputy City Manager 6130 Sunset Drive South Miami , FI 33143 Re: City of South Miami Signage Request for Additional Services Dear Shari : Architecture Engineering Pla nning Interior Design Land scap e Architecture As discussed in our conference call, we have reviewed the contract agreement between Bermello Ajamil & Partners , Inc. (B&A) and the City dated August 14 , 2015 . I have also discussed the contract with Raul Carreras , the B&A project manager who originally negotiated the scope and fees with Ricardo Ayala in 2015 . Per the above contract , and stated in the first parag raph on page one , B&A was to provide construction drawings for one "vehicular-scale gateway monument sign " to be placed at Fuchs Park. This approved sign is illustrated in Figure 1 below. (Note : plant material will be modified per ou r conversations). In our contract agreement, B&A was to provide the design for one "smaller prototypical gateway entry sign" to be placed at US1 and SW 57th Avenue (in the swale) which would not be wider than 4-6 feet. As noted in the contract on page 2 , this sign was to serve as a prototype sign to be used throughout the City. We have developed the prototype for this type of sign (Figure 2) in our design package provided to and approved by the City . Although the City determined this location would not be appropriate for such a sign , this type of sign can be located on any s ite where there is sufficient space along or w ithin a roadway ROW. Co ncep t 2 -Fuchs Park Figure 1 260 I So ut h Bays hore Dr iv e · 10 t h Fl o o r· Mia mi · Florid a· 33133 • USA · Mai n 305 859 2050 · Fax 305 860 370 0 ~ www .bermelloajamil .com ',iy ;1: 1 1""---....... II Sign Fa illily Figure 2 2 ....... -.. __ . --_ .. _ ....... . ~---.... -.;-.... --- During the preliminary design phase, the City decided to add a second "gateway monument sign" to the program at Dante Fascell Park . (Figure 3) Although this scope and fees assumes the design of both gateway signs are the same size and design, the second gateway sign will require the same type of design services as were required for the sign in Fuchs Park. The professional fees required to prepare the second set of plans for the Dante Fascell Park site is $10,060.00. The additional fees include preparation of a separate set of landscape plans, lighting plans , irrigation plans, bidding and award services and CA services during construction for the second site . This fee does not include any civil design of the site as we believe we can address the grade changes with notes on the landscape plans . We did not anticipate civil engineering services at any of the sites . This fee is based on both gateway signs having an identical size. Figure 3 En try Sign Concep t -D ant e Fasce ll Park www .bermelloajamil.com 3 I hope this proposal meets with your approval and should you have any questions, please feel free to contact me; at 786-486-5269. Respectfully Randy Hollingworth Partner -Director Planning -LA Design Studios -Urban Design www.bermelloajamil.com VENDOR: City of South Miami Division of Purchasing 6130 Sunset Drive South Miami, Florida 33143 Phone: 305-663-6339 Fax: 305-667-7806 DATE PURCHASE ORDER NO. P0012712 09/29/15 TO RECEIve PA.OPER PA'(MENT THE ASoVE PO NUMBER .... OST APPEAR ON AU INVOICES SillS OF LADING PACKAGES CORRESPON r DELIVER TO: Ajamil & Partners Inc. Bermello 2601 S. Bayshore Drive Suite 1000 MIAMI, FL 33133 PW PUBLIC WORKS DEPT. 4795 SW 75 AVE MIAMI, FL 33155 florida 1lIX ExemptIOn No. 23-19-32~ feclerallD Number 59-6000-431 Req.# Vendor # PROO1957 0090934 Confirming Confirmed to Dyes o no QUANTITY PART NO. 1 City Welcome ACCOUNT NO. I 3011790 5196450 SEND INVOICE TO: City of South Miami Division of Purchasing 6130 Sunset Drive IShi P Via DESCRIPTION Signs AMOUNT 40,225.00 South Miami, Florida 33143 PaYll'lllnt Terms in accordance With FL state statute. 218.73 Department Terms \oate Required I UNIT PRICE EXTENDED PRICE 40,225.00 40,225.0C I TOTAL 40,225.00 lt~.~· (') q P.O. Approval ---:-r~-'t="'-";::"".-!.-.L..:JF----"::'''-::'------ 7 purc~ and RESOLUTION NO.: 146-15-14485 A Resolution authorizing the City Manager to pay Bermello Ajamil & partners, Inc to complete engineering documents for City Welcome Signs. WHEREAS, the Mayor and City Commission wish to provide City entry welcome signs; WHEREAS, the City desires to hire a consultant to complete professional engineering documents for the City; and WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has negotiated an agreement with Bermello Ajamil & Partners, Inc. who was one of five (5) consultants previously selected to perform professional services for the City. WHEREAS, the City Manager has negotiated the price for the services to be rendered which does not exceed the sum of $40,225. WHEREAS, the City desires to provide a contingency of $4,000 over the proposal amount fer unknown factors that may arise during the work and for permitting fees; and WHEREAS. the total expenditure is not to exceed $44,225; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to pay Bermello Ajamll & Partners, Inc., for an amount not to exceed $40,225 in accordance with the form of Professional Service Agreement that was approved by the City Commission by resolution 151-13-13969 to complete engineering documents for City Welcome Signs. The City Manager is authorized to expend an additional $4,000 over the proposal amount for unknown factors. Section 2: The expenditure shall be charged to the Capital Improvements Program Fund account number 301-1790-519-6450 which has a balance of $200,994 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Pg. 2 of Res. No. 146-15-14485 Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 15th day of September. 2015. ~ ~ ERK VED AS TO FORM lTV AND EXECUTION APPROVED: i#i/CfJ../M COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Edmond Commissioner Liebman Commissioner Welsh 5-0 Yea Yea Yea Yea Yea To: FROM: DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Septemb~r 15, 2015 Agenda Item No.3 SUBJEcr: A Resolution authorizing the City Manager to pay Bermello Ajamil & Partners, Inc to complete engineering documents for City Welcome Signs. BAO<GROUND: This project is for the design and development of construction documents for City of South Miami Welcome Signs to be Installed at the entryways for the City. The design will include a gateway monument sign to be placed at Fuchs Park and a prototypical gateway/entry sign to be implemented at various City entry sites. Bermello Ajamll & Partners, Inc. has submitted a proposal in the amount of $40,225 to develop construction documents for the entry signs for the City. A contingency in the amount of $4,000 will be included over the proposal amount to address for unknown factors that may arise during the work and for permitting fees. In 'accordance with and pursuant to Florida Statute 287.055 for CCNA, Bermello Ajamil & Partners, Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with Bermello Ajamil & Partners. Inc. to perform ' engineering services for the City. AMOUNT: Amount not to exceed $44,225 ACCOUNT: The expenditure shall be charged $44,225 to the Capital Improvements Program Fund account number 301·1790-519·6450 which has a balance of $200,994 before this request was made. ATTACHMEN1S: Resolution Proposal Professional Service Agreement CCNA Consultant Project List I I I l August 14. 2015 Ricardo A. Ayala. P .E. Capital Improvement Project Manager City of South Miami Public Works and Engineering Deportment 4795 Squthwest 75P:1 Avenue Miami, Florida 33155 IE: City oJ South MlamJ Cltywfde Gateway/Entry Slgnage Design . ProfessIonal Architectural and Englneer1ng (AlE) Services Proposal Mr. Ayala: Archilecture Engineering Planning Interior Design Landscape Architecture B&A is pleased to submit this prOP,osal for Professional AlE Services necessary for the design of one (1) vehicular·scale. gateway monument sign to be placed at Fuchs Parl< and one (1) smaller. prototypical gateway/entry sign to be implemented at one identified site and various yet to be determined (future) sites citywide. . We have detailed below for your review and approval our Professional Services Fee Proposal consisting of our understanding of the project Description. the scope of Services required. as well as the requested proposed cost for professional services. At our. August 3, 2015. meeting. the' City Manager and staff identified Fuchs Parle as the preferred locatIon for thE! City's principal gateway monument sign. We understand that the sign will be situated' at the approximate intersection of SW 80tn Sireet, SW 65111 Avenue and USI and replace the exisflng wooden sign present at this location. This proposal includes the A/E services necessary to: design the sign and its immediate context (schematic design and design development phases); detail the sign and site improvements for construction and permilting (construction documents phose); solicit bids for the construction of the sign (bidding and award phose); and provide oversight during the construction of the sign (construction administration phase). At this same meeting, it was also determined that a smaller, vehicular-scale gateway/entry sign would be placed at the intersection of USl and SW 57lh Avenue; this sign will nkely be placed on the swole at the edge of the road (not In the median) and be limited to 4·6 feet in width. This proposal includes the A/E services necessary to: design the sign and its immediate context (schematic design and design development phases); detail the sign and site improvements for construction and permitting Iconstruction documents phose); solicit bids for the construction of the sign (bidding and award phase); and provide oversight during the construction of the sign (construction administration phase) . 260 I South Bayshore DriVe' 10'" Roor' Miami' Florida' 33133 . Main 30S 8592050' Fax 30S 8603768 .. www.bermella .. amit .. com City of South Miami Citywide Goteway/Entry Signage Design Professional lA/E) Services Proposal Augusl14.2015 page2of5 It was also expressed to us that the gateway/entry sign designed for the intersection of US 1 and SW 571h Avenue shall serve as the City's prototype entry sign design and will be implemented citywide at future sites fa be determined by the City. The design concept developed as part of our proposed services will establish the standard to be incorporated into future entry sign site designs throughout the City of South Miami. This proposal also includes a separately Itemized "repeat fee" for the A/E services necessary to adapt the prototype sign design to future sites, including: adapt the context/site design at each specific future site (schematic design and design development phases); detail the site improvements for construction and permitting (construction documents phase); solicit bids for the constructiqn of the sign (bidding and award phase); and provide oversight during the construction of the sign (construction administration phase). , --J ",,-.-; ',~I.I,--'- Design Objectives We will comprehensively assess the City of South Miami's identified sites for opportunities to adequately place each gateway and/or entry site. . Our proposed services include: Architecture; Landscape Architecture and Planning; Environmental Signage and Graphic Design; and project Management services. We will address each of the following enhancements as they relate to the placement and design of the proposed sign(5): I. Aesthetics Image a. Establish a citywide precedent for a prototype sign design solution that is creative and cost effective. b. Define a distinctive image and design thaI expresses the City of South Miami's historic, environmental·and cultural context. II. SustaInable Dellgn Issues o. Determine opportunities for environmental enhancements with native planf materials. Xeriscape landscape improvements and habitat. b. Consider solar-powered lighting fixtures where practical Ill. Community Beneftts a. Define enhancement opportunities that visually integrate and respond positively to neighborlng communities. 2601 South Bayshore Drive' 1O<h Floor' Miami' Flonda' 33133 . Main lOS 859 2050· Fu 305 8603768 ,.www.bermelloQjamil.oom City of South Miami Citywide Gotewoy/Enhy Signoge Design Professlonol (AlE) SeMces Proposol August 14, 2015 page30fS b. Define suitable locations that will mitigate potential visual and noise impacts wi.th both hordscape and landscape solutions. SCOPE OF WORK B&A's proposed scope of work addresses the following key project requirements and functions: • Provide an innovative gateway and entry sign design concept that creatively responds to the identified locations and which can be easily adapted to MUTe proposed sites within the City. • Develop practical and cost-effective methods for implementation of the design in future sites/locations and considering future maintenance, security and safety standards. • Develop a design that respects and preserves the communities and surroundings where future signs will be placed The specifiC tasks to be performed in this scope of wort are divided into two parts: Part 1 -Data Gathering and Analysis I. Kick-off meeting -Kiclc-off meeting between design consultant team s and appropriate City staff to review, confirm and revalidate the sites proposed at our August 3, 2015 meeting. II. CollectIon of data -Existing plans and surveys will be obtained and. with the City's assistonce, a cursory due-diHgence investigation with regards to underground utilities, easements, aerial restrictions. etc. underfa«en at each site. The City shall provide, if available, record drawings. site surveys and CAD files of the proposed sites. In addition, B8-A will coiled available information from other sources/agencies such as FDOT and coordinate pertinent City standards for security. maintenance or other applicable operational goals and standards. B&A will visit each proposed site to perform a visual assessment of each site's conditions and constraints. a. Visit the selected sites to perform a photographic Inventory of the existing conditions. b. Understand the existing abutting land uses and opportunities that exist for enhancements at each site. c. Each site will be studied and photographed independently as a basis for developing the opportunities and constraints plans in the next phase. d. Coordination meetings will be organized with the City's staff to jointly evaluate and determine the existing conditions. e. Collected as-built information and surveys provided by the City. FOOT or other will be used for the preparation of the enhancement plan for each site. 2601 South Bayshore Orive '10" Floor' Miami . florida • 33133 . Main 305 859 2050' Fax 305 8603768 )-www.bermellosJalTill.com City of South Miami Citywide GolewOY/En\Jy Signage Design Professional (A/E) Services Proposal August] ... 2015 poge4of5 III. Regulations -B&A will perform a review of existing land use and any appropriate zoning documents with the various authorities and permitting agencies that may have jurisdiction over each proposed site. We understand (as described at our August 3, 2015 meeting) that the .proposed gateway and entry.sign design will be exempt from compliance with the City's sign code/ordinance requirements. Deliverables in the Data Gathering and Analysis phase will include: • Overall ViCinity/location plan showing the locations of all sites included under this scope of services • Photographic documentation of existing sites. • Summary of gathered land use, zoning and permitting (c'ode-compliance) information. Part 2 -Design Phase I. In this phase, B&A will develop the prototype gateway and entry sign design to be implemented at the identified and future siles. II. 8M will also'deslgn the site context for the two (2) specific Identified sites. The plans will address the proposed enhancements for each site. Detailed plans, conceptual sections or elevations will be developed to show 011 of the proposed improvements in each of the sites. III. 8M 'Nill assist the City during the solicitation for construction bids and awarding of the construction contract IV. Construction oversight and administration DeliYerables for the Design Phose for each of the identified sites will include: • Overall vicinity/location pion showing all siles in project scope • Site Plan for each site • Elevations/Sections showing improvements on each site • Technical information on each of the proposed improvements • Construction drawings sufficiently detailed and specifications (as applicable/necessary} to obtain a building permit and solicit bids for the construction of the proposed signs and site enhancements tIl-I '----I 1 -F: COMPENSAnON Based on the understanding of the above mentioned Scope of Services and the time required to carry out the tasb which are part of this Project; we have estimated an Architectural and Engineering Basic Services Fee of FOrty Thousand, Two Hundred Twenty Five Dollars ($40,225.00). 260 I South Bayshore Drive' I Of> Aoor' Miami' Florida' 33133 • Main 305 859 20se· Fax 30S 8603768 )owww . .bermelloajamll.com City of South Miami Citywide Gateway/Entry Signage Design ProfessIonal (AIEl SEl!Vlces Proposal August 14,2015 page 5 of5 This proposed AlE BasicSelVices hove been computed on a lump sum basis and includes: I. Design of one (1) Vehicular-scale, principal gateway (monument sign) at Fuchs Palt, including Site Context Design . 2. Design of one (l) smaller (±4-6 foot wide), vehicular-scale, prototype entry sign design at to be placed on the swale located at the intersection of USl and SW 57 111 Avenue, inciuding Site Context Design. In addition, this proposal includes a "Repeat Fee" in the amount of Four Thousand Dollars ($4,000.00) to provide, at the City's discretion, Site Context Design services for future sites to be determined. These services will tal(e the prototype entry site design developed within the Basic Services of this proposal and adapt the design to the requirements of each future specific site. The fee provided herein shall apply to each specific addlllonal site. The compensation above is based on the following: • Does not inclUde presentations to outside agencies [other than City staff) such as FDOT, Miami- Dade County, any other cities, municipalities, agencies, etc. • Does nol include any 3-D renderings or visualizations • Does not include any sHe sUlVeys. A Cod file of the survey to eoch site sholl be provided by City. Alternately, surveys can be commissioned by B&A as a reimbursable expense or additional se.rvice. We look forward to collaborating with the City of South Miami and being of service on this prominent project. As always, please feel free to contact us if you have any questions. 2601 South Bayshore Drive' 10'" Floor' Miami' Florida· 33131·Main 3058592050' Fax 3058603768 JIIIo.www.bermellolliamil.com PROFESSIONAL SERVICE AGREEMENT GenenII~ and a .. ...,. .. 18 a.mc. ntIIACIRI!!IIENI'lMdeandeNenMIlnto1lle b~ dlyof ~,2015 byandbetwMnlheCtTYOF SOUTH MIAMt. 8 poItIcaI8UbdIvI8Ion d the 81ata of FlorIda II1d SenneIIo. AtIamfI & Pamn, Inc., IUtharIzed tu do buaIneu In the .. of Florida, heralnaftar nrfarred to _the "CONSULTANT"' • ., ocnIcIInI1Ion of.,. prell'" n 1M muIuII cownants cant.Ined In U. AGfE:MENT. the CITY OF 80UlH MIAMI, thruugh Ita CIty ~11GI'MI1o_CON8ULTANTfD the Cly'8101ter of pro, ... latlll MMce proWiera far. period ~ on ~.1.!2lf end'" CONSULTANT ...... to be 8Y11ab1e, oortInutIR beIJa, ;:;tll8la.l8i seMou In CCIr1MCIon will prqeot(.) whIR .. baIio edm .... aannuatIan COIla d uch IncNduel proJect does nat IICceed a.OOO.ooo.OO or where thalndlvldulll .u:ty doll not u.ce8iI $200,000.00, henIIn .... CIIIIed the -8BNICES". 1.0 QInnI pmywqna 1.1 . The CONSULTANT may be 8WMIed wurtland Ii.ued. NoIIce 10 PrOCMd to ~ profIIlllat" tIIMoes for • pruJact. for 8 parton of a projed. 01' for dIscrata taka on • prajact. AddIIIonII Phl'.IIIOIlII SeMoes. for Itle ptI1)OM 01 rwvIew(ng WOfk perfon •• d by oIher pro(8IaIonaI oonsun.nt& 01' for oIher milDlllneDu8 engIneefIng aervIOIIlhat may be nlqUInMI. 1.2 A Na8cI to PftICeIJd wi! be isIUed on an _ needed .,..at the sale dlacntion of the CIty MIInIatr; «till dellgnee, henMMftet AIf'wrId to. "CtTY".lhe ely of South MIami r.ervH. It all ....... the IWII tD pertann any II1d d 811GOerfng work irWIoute or wah other .1g1neera. ThIs .. AGREEMENT doa8 not confer on the CONSULTANT .., .. _ ~ ID PIIfonn work on beh.af of the CIr of 8ouI\ MIamI. nor .... obIIgIM!he CIty of SouIh UIamIIn InY mamer to gunntee work for the CONSULTANT. The CONSlR.TANT mayllUbmlt PAlPC-for anypraiullcNl MMcH for which Pi ........ .., be p&McIy IGIdIIId by '" CilJ of South fAIIrII outside of .. AGREBENT. 1~ The CITY will oanrer wIIh 1M CONSULTANT ~ etfI NotIce to ProoMd 11 ...... 10 dlIcuu lie SC!QPe Of the wortc; the ftne fIIIICIed 10 complela the WORK and the fee for the .... to be rendered In CXIIil8Cllon v.Ih .. WORK. 1 A lbeCON8lA..TANT. 8Ubmit • proposal upon ... CITV'S requat prior 10 .. IAuance of. NoIca II) Praceed. No p8)1mentw. be made for the CONSULTANT'S lime and I8Mcea In connactIOn wIIh .. pnIpIf8lIon at any propouI. . 1.5 The CITY..,...118I It ~ fumIIh lID !he CONSULTANT plans ....... daIa tnIlbie In .. CITY "l*Wn!ng lID !he WORK to be performed undar Ida AGREEMENT promptly lftIIraad'l NaIce to~ • 1.6 1beCOH8ULTANT· • ...,. to pmcble and dIstrIbutII ~ ~..,MDh ...... COIWIII..t .., concfucIed by the CON8tA.TANT 00I1OIfN1g !he WORK. ·1.7 The QTY m.y deII/tnaIIt • repNl6illlltive who. on behalf of the CIy Manapr ... 1 eumIna the doc:unents tubmlllld by the CONSULTANT 8fId Iha1II8I1der dedeIona Pf'Ot'IIPIv. (0 wold Pte f lia iiid ServIce AGREEMENT T ........... 1S p.g.1of21 .&1.- {7 unntI80nIbIe dIIay In the."...,... of the CONSULTANT'8..w.. 'Ole CONSULTANT IhIII keep III CfTV'S1!Ipf ........ 8CMaed on the prqllCt ..... lllimee. 1;8 The CITY..,... m __ all clredIvu end IppnMd Inwrllng. 2.0 "".'.,., s.w- 2.1Gwra! ..... lhe~ .. Moll to be ptCWI~ by the conadt.nt RIllY be one or .... of the following. Ind k\cIucIe but nat .mItteI to: a. c. D. !. G. H. ~ EnaInMrtng 10 1ncIude..,.....1IdMIIk. culb. QUlIir. dNInap, ...ocIDd tnIftIa oonItoI dnlcaa.llrlpplng,llghfng.1ntgdon. tP-d l'IduallondellfCM end rwlldlntlllllncllcaplillJ. DMIMI' Dllllgn InaIudI8 the......" .... 1MCIId • IMplement PftIPOIId drill .... fmpnMmlll1l, ~ of PIMnSI-drIInIgt plan car IIUI'Ik:IpII ~ and fIcIIIIJeL • , " M ............. tolntNfe Dlllrtbutlln8pllma ........ rtl ~.Iftd ........ 8InIIuy ... 8yIIIm .... -.... I!nvhnrnenIIIEngII ..... 1nI:fudIng. ... !1MIIIIpIIaft end deIIGn nudId II) PfIPII'I rwnedIIlIcn pin to mJIgate undergr'cMI1d'" II. hazIrdouI __ maII,..IRI ..... ~ 'rnIIIIo ___ a.mo. wID Include _ vaIIIM caunt8, dDIln11Y1/1. ~ .... 1IIOn ofODnCll*ll1lrr!pruilllllntl plan. PNIIIII .... -I'IOOft1menddon1 to ~ IfId pNpINIIon ofhJtrIfIo 1.,.1-"1 repon. ArcII.' .......... Jla •• to pnMde cIrawIngt and .... ..,. .. for newCDnlllUClDnl • .... 1IdIIIonI and ...... onr.lIIInd I11III"111_ cay .... and ~IS tID OIly CDnnIlllDn: pravIdt pIInI dIYIIDped on AuIDCAD ...... WNIOn end ClIP'-of ~ hard CCIP'I1ftCI .... 01 pIInIln ....... d iInnIIt. ~ ......... 1ncIudInt prMIIng cnwlngilnd IpaCIIIcJIIDiIS rot IIIIdIcapa ..... ......... pIInrdng, __ ndlllQn. UIbIn ..... .....,. __ .. open .... ~ .... and deIIgn: ClDlllIIIUIIIIr planning. .... and ~ ftIUIIl8IOWCepllr\l'q8...,. .... dIIIani,... .... i ~ pnMd8 .... cII\I'tIaped an AIIIICIO 1IIIIt¥llllon and CDpIIad . ntpnIduGIbIe IIIId copy_ ..... of pIIInIJn .. NqU.le.s fIInMI. ~ IurveJlna ..... MIIPPlnI Other bid_"III ..... -..A1lIId 10 the ~ IIiInw. 2.2 DMpt&ran*· ... BIryIpp n. ........ rar"'Md~ oonIIItofllK (I) phl.-J •• cllMId In Pw'qrIph 2.2.1 1JIraugh 2.2.8. '1M acapeaulhd ...... 1fIIIIcIb'e In III......., to ..... forwhld't oompIIIad a.. 8IMcae _1UIaIDd. Upan ....,.btiIIIun to ........ rran. theCITY.1M CON8lR.TANT ..... topNNlde~ pro .. i' .......... far..., pcrionar.tloftha ."-cQlfned ..... Ippllclllla ID II ..... 10.-.. "'" CON8UlTANT .... Ioco-cmlll_lIItllDltwllh hltol ... aIIIr pnMdeiaor .. 7 11 ____ ........ CIOURIfMIed ............ WOAK.ln 8 tNft. prall', • ......, carwua.I pra)IcI. "IeIdCON8ULTANT ... d •• 'gnItId ~ lie CfIY.1hIII ........... flnltlilld ..... l1li Inck.dng bid cIoaumerD and JIPIII1ftaaIlDns. which thlllbe ........ by. and be ". ,.......,of.,. ...... d/IcIphL PlofweIDnII8IMDe AGREEMENT T .......... 13 2.2.1 Phase I-Prallmlnary and Schematic peSlgn; A. The CONSULTANT shaa confer wI1h reprwsentaUves of the CITY and the end user to determine the ful scope of the Project that will meet the program requirements, and shaD atMse the CllY If, In the CONSULTANT'S opinion, the allocated funds are adeqUate to acoomplish the program requirements, as defined by an i'ldMdual purchase order fo~ the specific work to be performed. B. The CONSULTANT shall use proparand adequate design control to assure the CllYthat the program requirements will be mel C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Prqect Timetable (Master Schedute1 Planning Summary (unless advised oth8iWlse1 Schematic 0881g0 StudIes (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost .'- D. The Proposed Project Tlmetable sha~ consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning SUmmary (unless advised otherwise) shaH con&tst fA a vicinity plan and blowup of the Site (If app&cable) showing Project orientation, and a brl8f summary of aft pertinent planning criteria used for the Project. . F. The SchematIc Design Studies (unless advtsed otherv.4se) shan consist of aU plans, elevations, sections, etc. as required to show the scale and relaHonship of the parts and the design concept of the whole. A simple perspective sketch, rendering. model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall pntsent the Schematic design studles to the appropriate commission, committee, agency or board (hentinafter collectively referred to as "Boards") for their approval when the project requires such approval The Consultant shaD make copies necessary for presentation to the Board at no additional cost to City. H. The CONSULTANT shall present the schematic design studIes to al the appropriate utility companl8s (such as FPL, Southern BeI~ Dyruimic cable, MDWASA. etc.) for any conftlct with their utllItJes. I. The Statement of Probable Construction Cost shalllnclucle estimated cost of the Project . InchJCrtng fixed equipment. professional fees, contingencies (If any), escalation factors a(fusEd 10 the estimated bid date, movable estimate (if any). and utility service extensions (If applicable). The CONSULTANT'S opinions of probable Total ProJect Costs and Construction Cost·are to be made on the basis of Iha CONSULTANT'S experience and qualifications and repment CONSULTANT'S be&tjudgment 8$ an experienced and qualified professional, famniar wllh the local constrtJOtion Industry and prien. J. The CONSULTANT shall submit and present two (2) copie8 of all documents required under'this Phase, Vtflhout additional charge, for approval by the CITY and It shall not proceed with Ite next Phase until d'ncted by the CITY In writing. 2.2.2 Phase 11-Study and DesIo" payelopment A. From the approved Schematic DesIgn documents, the CONSULTANT shaU prepare Design Development Documents, comprising the drawings, outline speclflcatlons and other Professional Service AGREEMENT TpepeC09-06-13 Page 3 of 21 documents to fix and descrfbe the size and character of the enllre Project as to coll$truction and f\ntah materials and other it8mslncldentallheteCo as may be appropriate and applicable. . B. l11e DesIgn Development Documents shall comprise the Proposed Project timetable (updated), OutlIne SpecIftcafions, Updated Statement of' Probable ConstructIon Cost. and Deslgn Development Drawings. etc.. as required 10 clear1y delineate the Project. If the Updated statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be Included .. C. The CONSULTANT shal submit and present two (2) sets of all documents required under this Phase. without additional charge, for approval by the CITY and not proceed with the next Phase untll directed by the CTTY ~n v.nung. . O. The CONSULTANT shaD at all Urn" monitor the Probable Construction 'CosbI to make certain they remaIn WIthin the total allocated bUdget. A NotICe to Proceed to Phate III WID not be Issued If the latest st.atenient of Probable Construction Cost exceeds the total allocated ftI'Ids. 2.2.3 Phaat 111-FN! DesIgn I Cons1rucIfon Documents [)eye/ODmant A. From the approved DesIgn lleVetopment Documenls. the CONSULTANT ahaU prepare Final Construction Documents seUlng forth In deiaU the nKJ.llrernents fer the· constl'UCllon d the Project InckJding the Proposal (BId) Form and other necessary Inronnatlon for bidders. Conditions of the Contract, and Complete DrawIngs and Specifications. The CONSUL TAN! shall use Construction Specifications Institute (C$I) S1andards and the CIty of Soulh Miami Stoodard forms for the preparation of the ~ (~) forms. Instructions to Bidders. oondI1kIns of Contract and SpecIfIcations. The CONSULTANT shall review aD existing City Spec;/ftca1Ions, for completeness prior to use and ahan suppty all needed additional speciffca1Ions. The final draft of the c:anatruction documents shaJI meet the requirements of and be approved:by the CIty Attorney. . B. The Cona1rucIIon 'Documents sha_ be prepared In a manner that wli 8SSlA clarity d line work. notes. and dimensions when the docUments are reduced to 60% of their sim. All drawings shall be on 24" x 36" paper rO" alze). on the CITY's standald sheet fonnel. unless approved otheMtse. C. AD construction documents shall be lubmltlecl in boCh "hard copy" and electronic media in a' mutually agreed upon eIecIronIc format, but generally as follows: 1. Non-drawlng submltlals In Microsoft 0ftIca Wold format 2. ~~8m~~ 3. GIS filBB should be In ArcVlffNt format V8niian 3.2. D. When the development of the drawings has progressed to at least 50% completion In Phase lII,the CONSULTANT shaU submit two (2) copies to the cnv for approval, without additional charge, along with updated outrkle apec(flcallons. The CONSULTANT shall also submit at Ihla Urne an updated Statement 'of Probable ConstrucIIon COlt as IndIcatBd by time factor. changes In requlrementl, or general maJket conditions and an updated Project Schedule. E. The CONSULTANT shall not 'proceed wllh the further development until approval of the documents Is recelwd from the COY In wrttIng. The CONSULTANT shan make all changes to documents requlrad by the CITY before proceeding furllar. A set of the revised documents shaD be returned 10 the CfTV after incorporating aM of lila changes, if any. F. A Notice to Proceed for the completion of Phase 11\ \\411 not be Issued If the lateet Statement of Probable Construcion Cost exceeds \he total allocated funds, unless the CIlY Increases the ProfessIonal Service AGREEMENT TpepeQl9-06-13 Page4of21 tolBl aloeated funds or the CONSULTANT and the CITY agrees on meU'lods of cost reductions sufficfent to enable construction within the project budget. G. Upon 100'/0 completion of the Construction Documents, the CONSULTANT shall submit to the CITY 8 final, updated S1ateJ1\ent of Probable Construction Cost along with two (2) copies each of the final draft of all drawings, speclflca1ions, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normaly required. of any construction project (such 8S Environmental Review Board. Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or addltioos and resolve all questions resulting from Board review (see paragraph H) If the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. lbe 100% complete final ConstructIon Documents shaH be returned to the CITY for final approval. Upon final approval by the CITY. the CONSULTANT shall fumlsh to the CITY drawings and specifica1Ion&, without additional charge to the CITY for bidding purp0ae8, unles8 Instructed otherwi8e, and be retmbtned for costs associated with the "'production and transmittal of same. / J. The CONSULTANT shall arrange for Ddry runs" and/or make flnal submissIonS to appropriate authorities (regulatory agencies to InclUde and not limited to City. County. State or Federal) as necessary, tn ascertain that the Construction Dcicuments meet the necessary requirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANT shall modify. at flO additional cost to CITY, In order to acquire the necessary permits. 2.2.4 Phase IV -Bidding and Negotiation Phase; A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Conslruction Cost. the CONSULTANT shaD furnish the drawi,;gs and speclficallons as indicated above for bidding. and assist the CITY In obtaining blds as wall as awarding and preparing oonstruction oontracts. The CONSULTANT shall attend all pre-bId oonfarenoes. The CONSULTANT shall be present during the bid opening and as part of Its assistance to tha cItY wli taIy, evaluate and Issue a racommendation to the ClTY after verifying bond. ilsurance documents. questionnaire and reference submitted by the cons1ructor. B. The CONSULTANT shaillasue Addenda to the ConstrUctton Oowments Ihrough the CITY 88 appropriate to clarify. corntCl or change Bid Documents. C. If Pre-Quallftcatlon of bidders Is required as set forth In the Request for Qualification, the CONSULTANT shall assist City In developing quallftcation criteria. review qualifice1ioris of prospecIIve bidders, and recommend acceptance or rejection of the prospective bidders. D. If the Iowesl responsible Base Bid rec:elved exceeds the Total Allocated Funds the CI1Y may: 1. Approve the Increase In ProJect Cost and award 8 construction contract or, 2. reject all bids and rebid the Project within a reasonable time wtth no change In the Project. or 3. Direct the CONSULTANT to revise the Project scope or quality. or both. as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project, Dr Page 5 of 21 Professional Service AGREEMENT TpepeC09-06-13 5. . exercise aR options under the City Charter and State Law. NOTE: Under Item (2) and (3) above, the CONSULTANT Shal~ without additional compensa1lon, assist the CiTY In obtaining re-bid8, and awarding the nHlJd of the project. Under Item (3) above, the CONSULTANT shaU, without additional compensation, modiry the ConItruction Documents as necessary to br1ng the Probable eorstructlon Cost tMthln the Total Allocated Fundi when the lowest responsible bfd Is ovvr 15% of f1e CONSULTANT estimate. All construction con1racts must be approved by the CIty Comml88ion after the CIty 8W8I:ds the contract for commiaaion approval. E. For the purpose of payment to the CONSULTANT, the Bidding Phase wiD terminate arnt 1he uMces of the CONSULTANT will be consldered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancenallon of the project. 2.2.5 Phase V -Genem! MmlnlstratlQD of 1ha Construction Cgntract A. The Construction Phase will begin with the City Commission. approval of the award of the Construction Contract and wlM end M\en !he Contractor's final Payment Certificate 18 approved and paid by the CITY. B. The CONSULTANT. as the representatIve.of the CIlY during the Construction Phase, shal acMse and consult v.ith the CITY and shaH have authority to act on behalf of the CITY to the extent provided In the General Conditions and 88 modified In the Supplementary Conclhlona of the Construction ConIract. C. The CONSULTANT shall attend pr&:eonstruction meetinga. D. The CONSULTANT shall at al times have access to the projad wherever It Is In preparation or progress. E. n.e CONSULTANT shall vlIIt the site at least weekly and at all key oons1ruCtlon events to ascertain the prograaa of the Project Ind to determine In general If the WORK IS proceeding In 8COOrd_ce with the Contract Oowmenla. On 1he basis of on-alte obeetvatIons, the CONSULTANT will use reasonable and cuafomary care to guard the crrv against defeCts and deficiencies In the WORK. The CONSUl. TANT may be raqtJnsd to pnMde continuous dally on-slte observations to check lite quality or qLa1tity d the WORK as set forth In this AGREEMENT and deJln8d by the Scope of WORK Iaued for the IndMdull project. On the basis of the on-site observations, the CONSULTANT will advise the CIlY a8 to the progn18S of and any obs!itrved defecIs and deIIclendes In 116 WORK Immediately in writing. F. The COt:lSUL T ANT shaD furnish l1e CIlY with a written report of aD obsefvatlons of the WORK made by him durtng each vIIIt to the WQRK He shall also note the general status and progress of the WORK, and shall submit aameln I timely manner. The CONSULTANT sha118ICBItaIn at \east monthly that the Contractor Is making timely, accurate, and complete notalJons on ~ dntwInga. G. Based on ob8ervatIona at the site and on the Contractors Payment CertIfIcate, the CONSULTANT 8haII detennlne 1t18 amount due the Contraclor on account and he ahall recommend approval of the CenItIcate In such amounts. The recommendation of approval of a Payment Cerdftcate shall condIute a representation by the CONSULTANT to I1e CITY that, the CONSULTANT cet1iftes to the CITY that the WORK has progressed to the point Indlcated, and the quality of the WORK Is In accordance wIfllhe Cori1ract Documents subject to: 1. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Pnlfesslonal Service AGREEMENT Tpepe009-06-13 Page 8 of 21 2. The results of any subsequent tests required by the Contract Documents. 3. Minor deviations from the Contract Documents correctable pOor to completion and accep1ance of the prcject. . H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not confonn to the Contract Documents. Whenever. In Its reasonable opinion. the CONSU.LTANT considers H necessary or adllisable to Insure. compliance with the Contract Documents, It will ·have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in eccorclance with the Contract Documents 'Nhether or not such WORK has &een fabricated and delivered to the Project. or Instaned and completed. I. The CONSULT ANT shall prompUy review and approve shop drawings. samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance wtth the Contract Documents. Changes or substitutlon8 to the Contract Documents ahaD not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others, and InHlate proposed change orders as required by Its own observations or the requirement of the CITY. K. The CONSULTANT shall examine the WORK upon receipt of the Contractol"s Certillcate of Substantial Completion of the Project. A Punch list of any defects and dlscrepandes In fle WORK required to be cooected by the Contractor shall be prepmed by the CONSUlTANT In conjunction with representatives of the ctTY and satisfactory pedonnance obtained before the CONSULTANT recommends execution of Certillcate of final Acceptance and final payment to the Contrador'. He shall obtain from lie Contractor all warranties. guarantees. operating and maintenance manuals for equipment. releases of lien and such other documents and certificates as may be required by applicable codes, lawa. poKey regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance In obtaining Contractor's compliance wilh the Contract Documents relative to. 1) initial Instruction of CITY personnel In the opwation and maintenance of any equipment or system. 2) initial start-up and testing. adjusting and balancing of equlpnent and systems, and, 3) final clearHlP of the project. M. The CONSULTANT shall provide the contractor with three selS of drawings labeled ·Constructlon Plans" for permit from Pubic Wort<s. 2.2.6 Phase VI -Post COnslruc1ign Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual. to be used by the CITY. outlining the Implementation plan of all the required maintenance necessary to keep the proposed WORK operational In a safe and effective manner. B. The CONSULTANT shall fumlsh to the CITY, reproducible record (&&-built) drawings updated based on information fumished by the Contractor·and such drawings shall become the property of the CITY. C. The CONSULTANT ShaD assist In the Inspection. of the WORK one month before the expiration of any guarantee period or the sixth month whichever Is earlier and report any defBctIve WORK in the Project under terms of the guaranteelwarrantJes for oorrectIon. The CONSULTANT shall asslst the CITY with the adminIstration of guaranteelwarranties for correction of dafectiw WORK that may be dIscowred during the said period. Professional Service AGREEMENT TpepeClO9-06-13 PageT of 21 D. The CONSULTANT shall furnish the City with a 3-rlng binder labeled ·Close-out Documen .. • thatwiU include. as a minimum, a copy of: • Certificates of completion • As-Bulits (1J2 alze) • Test Results • Dally cxmalruction Inapeellon reports • Pro~ meeting minutes • Approved shop dr&Yofngs • Warranty manuals as applicable • Anal release of liens • Final payment to contractor 2.3 Additional Profass!ooal Sery!ces Additional Services as listed below are nORnaUy considered to be beyond the scope of the Basic Services fur design and construction. a8 defined In this AGREEMENT. but which 8re additional seMoes whim may be authorized wiltiln the Scope of Work given the CONSULTANT. A. Spedal analysis of the CITY'S needs, and special ptOgrammlng requirements for a project. B. Rnanclel feasibility, life cycle costing or other special stucles. C. Planning 8U1'V8Y&. situ evaluations. or compantve studies of-proapectIv& sites. D. Design services ralative to future fadlitIes, systems and equipment. which are not Intended to be cons1fUcted as part of 8 specific Project. E. Services to Irweetlgate existing condIIIons (excluding utilities) or facilities or to make meast.lred draYmgs thereof, or to vertfv the accUracy of ~rawlngs or other information furnished by the CIlY. F. Profe8aionaI detailed Eatlmatee of Construction Cost consisting of quantity surveys itemizing aD material. equipment and labor required for a Pruject. G. Consultation concerning replacement of any WORK damaged by fire or other cause cbing conatruclon. and furnishIng profeuionaI88lVic:e8 of the type 88t forth In BasIc Services as may be required relative to replacement of suoh WORK. providing the cause Is -found by the CrtY to be other than by rata of the CONSULTANT. H. Professlonal seMces made necesaary by the default d the COntractor or by major defects In the WORK under the Construction Contraet, providing the Quae Is found by the CITY to be othedtaan by fault of the CONSULTANT. I. MIlking major m4slone changl.,g !he Scope of a project, to drawings end specifications when such nMsiona, ara InconsIStent with wrttIan approvals or fnetructlon prevlousty given by 1heCITY and are due to caU881 beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The seMces of on. or more full·tlme Project RepteRntatiws. K Prepartng to serve or sefVing as an expert witness In connection with any arbitration Professional SeIVloe AGREEMENT ~ Tpepe009-06-13 Page8of21 f I ~ j proceeding or legal proceeding In connection with a Project. L. Profeaslonalservices required after approval by the CITY or tbe Contractor's Requisition for Fllal Payment, except as otherwise required under Basic Services. M. PreparIng supporting data, drawings. and speclfications as may be required for Change Orders affectfng the soape of a ProJect provided the Changes 8f8 due to causes found by the CITY to be beyond the control of the CONSULTANT. 3.0 TIme fpr Completion The services to be re~ by the CONSULTANT for any WORK shall be commenced upon written NotIce to Proceed from the CITY subsequent to the execution of this AGREEMENT and shalt be completed within the time based on reascnable detennlnatlon. stated in the said Notice to Proceed. A reasonable extension of time v.1II be granted in the event there Is a delay on the part of the CITY In fulfllRng -Its part of the AGREEMENT. change of S<XIpe of work or should any other events_ beyond the control of the CONSULTANT render perfonnance of his duties Impossible. 4.0 Basis of ComPensation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon AGREEMENT of a fee. the CITY will issue a written authorization to proceed to the CONSULTANT. In calle of emergency, the CITY reserves the right to Issue oraJ authorization to the CONSULTANT, with the understanding that written confirmation will follOw Immediately thereafter 8S possible. For reproduqtlon of plans and specifications. beyond the raqtjraments as identified under this AGREEMENT the CITY will pay the direct coats. The fees for Professional Services for each Project shall be dafe-nnlned by one of the following methods -or 8 combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A flxed sum: The fee for a task or a scope of work may be a fixed sum as mubJaUy agreed upon by Ihe CITY and the CONSULTANT; Hourty rate fee: The CITY agrees to pay. and the CONSULTANT agrees D accept. for the seMoeS rendered pursuant to this AGREEMENT, fees in accordance with the fo/lowIng: - Ca!!aGfY Hourty Rate Prlnc:lpal ................................................................................................ $350.00 Project Manager ................................................................................... $200.00 Senior Architect .................................................................................... $200.00 Senior Planner ...................................................................................... $175.00 SenIor Engineer .................................................................................... $175.00 Senior Interior Designer ........................................................ , .............. $125.00 ArchItect ................................................................................................ $125.00 Engineer ............................................................................................... $115.00 ~ Architect ............................................................................. $116.00 Construction Manager .. _ ...................................................................... $125.00 ConsttucUon Inspection ........................................................................ $125.00 Planner .................................................................................................... $95.00 Inllllrfor Desigll8r ........................ , ............................................................ $95.00 Senior DraftsmanfTechnicallCADD Operator ...................................... $100.00 SpecIfIcations Writer I Dl1Iftsmen ........................................................... $75.00 Data Processing I ClerlcaI ...................................................................... $60.oo Professional Service AGREEMENT TpepeC09-06-13 Pagetof21 Hourly rates wDllnciude all wages. benefits, ovemlJ8d and profit. 5.0 payment and Partial paymm The COY \\111 make mon1hJy payments or partial pa~ents to the CONSULTANT uslng the foBOYt1ng percentage-of.comp/etlon basis for calcUlating the amount of payment for aD authorized WORK performed during the pnMoU8 calendar month. For design and constnlctlon projeCtl where fee for each phaae Is not specified, such payment shall. In the aggregate. not exceed the percentage of the estimated tolal Basic Compensation indicated below for each phase: • 15% • 35% upon completion and approval c:A Phase I. upon completion and apPfOV8l of Phase II. • 55% upQn submittal and approval of 50% complete drawings and outline specifications of Phase III • 75% upon 100% completion and approval of Ph8l88111 and IV. • 90% upon completion of the Project and approval of 81 WORK Phase V). • 100% upon fi~1 completion and approval of WORK elements A and B of Phase VI. The CONSULTANT ahaD submit an ortgNl involce to the Cltys project representative for each payment certifying the percentage of the WOFU< completed by the CONSULTANT. The amount of the invoices submitted sheil be the amoUnt due for au WORK performed and relmbui'sable G)Cpenses Incurred for 1tleWORK to date. as c:ertIIIed by the CONSULTANT. The request for P8~ent 8t1aJllnc!uda the foIIo'Mng Information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANrsILlnp Bum negotiated). If applicable. • Percent of WOJk completed. • AmoUnt earned. • Amotmt previously bUIed. • Due this Invoice. • Balance remaining. • Summary of WOfk done this billing period. • invoice number and date: • CONSULTANT's W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with cer1Ified payroU data for the WORK reftecting salaries and hourly rates. 6.0 Rjght of DecisIons All Hrvfces shall be perfonnad by the CONSUlTANT to the aatiefactIon oftha CITY's repreaerUtive. who shall decide aU qUestions. difficulties and dlsputas of whal8var nature which may arise under or by reason of this AGREEMENT. the prosecution and fullDlment of the aervfces. and the character. quaay. amount and value and the representative's declsJons upon all daims. questions, and disputes shaH be final, concluslve and binding upon the partlea tmless such dalarmlnatfon Is daarfy arbitrary or unnNllOn8ble. In the eVent that the CONSULTANT does not concur In the jUdgment of the representaUVe 88 to any dadBions made by him, he ahall present his writlen objections to the City Manager and shaH abide by the decision of the CIty Manager. Nothing In this section shall mean ID deny the light to arbltralle. by either party, In accordance with Ihe appropriate Arbitration Rules of the American Arbitration Associa1Ion. ProfaB81ona1 Service AGREEMENT TpepeC09-08-13 Page 10of21 7.0 Ownership of Documents All reports and reproduciQle plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restrtctlon or IImHation In connedlon with the owneta use and occupancy of the projed. Reuse of thete documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each Individual section of the WORK under this AGREEMENT Is complete aU of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances. Confer'aQces and Hearings Nothing in this contract ,haD obligate the CONSULTANT to prepare for or appear In litigation on behalf of th8 CITY WIthout additional compens81Ion exca'pt for any dispute arising out of this contract unless the CONSULTANT or Its employee is subpoenaed to testify as a fact wltne&s. The amount of such comJ*Ul8llon for expert preparation and testimony or consultatton shan be mutuaRy agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receIpt of written authortzation from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time during construction of the Improvement contemplated as to Interprelation of plans. correction of errors and omissions and preparation of any necessary plE!f1 thereof to correct such en'Ol$ and omissionS or Clartfy v.flhout added compensation. 9.0 ~ Any notJcea, reports or other Wf1tten communications from the CONSULTANT to the CITY shan be considered delivered when reoelved by the CITY. Any notices, reports or other communlcationa from the CITY to the CONSULTANT shall be considered deHvered when received by the CONSULTANT or Its authorized representatfv8. . 10.0 Aud1t Rights The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time durlng the execution of the WORK and for a period of one year after final payment Is made. 1llIs provision 18 applicable only to projects that are on a time and cost basiS. 11.0 SubleUfng The CONSULTANT shall not sublet, assign. or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 12.0 Warranty . The CONSULTANT wammtB that It has not employed or retained any company or person. other than a bona fide employee working solely for the CONSULTANT. to solicit or secure this contract and that he has not paid or agraed to pay any company or person other than 8 bona flde employee ~lng aoIeIy for the CONSULTANT any fee. commiSSion, peroentage fee, gifts or any other consklerations contingent upon or resulting from 1he award or making of this contract. For breech or violation of this W&J'f8J\ty, the CITY shall have the right to annul this contract withOut liability. 13.0 Termination of AGREEMENT It Is fnCple$$ly understood and agreed that the CITY may terminate this AGREEEMENT without penalty by decUnlng to Issue Notice to Proceed authorizing WORK. In which event the CITY'S sole obllgatian to the CONSULTANT shaD be payment for the WORK previoUSly authorized and petfonned In accordance Professtonal Service AGREEMENT TpepeCl109-Q6-13 Page 11 of 21 with the provisions of this AGREEMENT, such paYment to be detennlned on the basis of the WORK performed by the CONSULTANT up to the lime of tennlnallon. . Upon tannlnation, the CITY shall be entitled to a rerund of any monies paid for any period of time aubsequent to date of termination for which no WOIK was performed. 14.0 DwatIoo ofAGREEMENJ This AGREEMENT shaD remain In force untH the end of the term, which Includes all authorized renewals, or unIefJ8 otherwise terminated by th~ CITY. 15.0 Renewal OPtion This AGREEMENT may be renewed, at tie lela III .. IQR of the CRY, for an additional period. including . A!I18MIs of one (1) year; however. the aareement to r8!l8W mLlSl be In writing signed by both D!!1Ies and In no event shaU the totallerm. including any additional periods and renewals, exceed five (5) yeal'$. 16.0 ~ In the event either party falls to comply with the provisions of this AGREEMENT, the aggrieYed party may dedare the other p&r'Iy In defautt and notify him In writing. In such event. the CONSULTANT will only be compensated for any completad profassIonal services. In the event partial payment has been made for such professional 88IV!ces not completed. the CONSULTANT shall retum such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the partios arising out of or relating In any way to this AGREEMENT or a b!'each thel8Of. ~ch party shall bear ItS own costs and legal fees. . 17.0 Insurance and indemnification The CONSULTANT shall malntaln during the term of this AGREEMENT the Insurance 8$ set forth In "Attachment A.lnsl.nnce and Indemnlllcltlon-to this AGREEMENT. 18.0 AGREEMENT Nqt Exmuslye Noting .In this AGREEMerT shall prevent the CITY from employing other CONSULTANTS to perform the same or Similar servk:e6. 19.0 Codes. OrdInances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and pubUBhed munlclpal. County. a1Me and federal codes, ordinances, rules. regulations and laws In effec:t at the time Of design which have a clract bearing ~ the WORK Involved on this project. l1\e CONSULT ANT Is required to complete and stgn all aftidavIts. Includlng Public Entity Crimes Affidavit fonn (attached) pursuant 10 FS 281.133(3) (a). as requITed by the Request for Qualifications applicable 10 this AGREEMENT. 2O.0Jgg CONSULTANT shall be responsible for all payment. of federal. state, and/or local taxes related to the OperaIIons, Inclualve of Hies tax If 8ppll~le. 21.0 Drua FreeWgr!mlp CONSULTANT shall comply with the' Drug Free Workplace policy' set forth In attachment # two which 1& made a part of this AGREEMENT by reference. 22.0 Indagandant ContJactpr CONSULTANT Is an Independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership. Joint venture, or agency relationship between the parties. Professional Service AGREEMENT Tpepe009-06-13 Page 12 of 21 23.0 [)ut!es and Responsibilities CONSULTANT agrees to provide Its services during the term of this AGREEMENT In accordance 'Mth aR 'appOcable laws, rules, regulations, and health end safety standards of the federal, state, end City, whIch may be applicable to the service being pnMded. 24;0 Llcensea and CertifIcatIons CONSULTANT shell secure all necessary business and professional licenses at its sole expense prior to executlng the AGREEMENT. 25.0 EnHrety of AGREEMENT ThIs writing embodies the entire AGREEMENT and understanding between the parties hereto. end there ere no other AGREEMENTs and understandings, oral or 'Mitten. with reference to the subject matter hereof that are not· merged herein and superseded hereby. No alteration, change. or modlftcatlon of the terms of this AGREEMENT stlall be valid unless made In wrtIIng and signed by both parties hereto, and approved by the City Commissioner If requIred by municipal ordinance or charter. 26.0 Jury TQaI CITY and CONSULTANT knowingly. Irrevocably voluntarily and intentionally waive any right either may have to a trial by jury In State or Federal Court proceedings In respect to any action, proceeding, lawsuit or coWlt«CIaim arising out of the Centrad Documents or the performance of the Work thereunder. 27.0 ValiditY of Executed Copies ThIs AGREEMENT may be executed In several counterparts. each of which may be construed as an original. 28.0 Ru!es of Interpretation Throughout this AGREEMENT the male pronoun may be substitu1ed for female and neuter and the singular words substituted fQr plural and plural words substItUted for singular vmerever applicable. 29.0 Severability If any term or provision of this AGREEMENT or the applICatIon thereof to any P8l8On or clrcumstanoe • shall, to any extent. be invaUd or unenforceable, the remainder of this AGREEMENT. or the application of 8Uch term or provision to persons or clrwmslances other than those to whic:h It 18 held Invalid or unenforceable. shall not be affected theleby and each term and provls1on of thi8 AGREEMENT shan be wIld and enforceable to the fullest extent permitted by law. 30.0 Non=Wslyer CITY and CONSULTANT agree that no falure to exercise and no delay In exercising arrt right, power or privilege under Ills AGREEMENT on tha part of either party shall operate as a walvar of any right. power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, In whola or part. Including the provIslons of this paragraph, may be Implied by any act or omission and will only be velld and enforceable If In writing and duly executed by each of the parties to this AGREEMENT. Ally waiver of any term, condition or provision of Ihls AGREEMENT wID not constitute a waiver of any other term, condition or proyIlion h8f8Of. nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeedlng breach. Professional Service AGREEMENT TpepeC09-06-13 Page 13 of 21 31.0 No Dlscrimlnatlon No actfon 8haII be ta.., by the CONSULTANT which would dl&crlmlnate agalnat any person on the basis of race, creed. color, national orfgln, religion, HX, famllal status, ethnlclty. sexual ortenfa1lon or dlaabUIty. The CONSULTANT shall comply with the Americans wtIh Disabilities Act 32.0 Equal Employment In accordance with Federal, State and Local law, the CONSULTANT shan not dI8clrimmate against any employee or applicant for employment b8cauee of race. color. e1hn\clty, religion. sex. sexual ortentation. national origin or handicap. The CONSULTANT shall comply'A1ttl an aspeets of the Americans v.11h Disabilities Act (ADA) during the performance of this contract. 33.0 Governing Laws this AGREEMENT and the performance of services hereunder wilt be governed by the laws of the State of Florida. wI1h exclusive venue for the resolution of any dispute being a court of competent Jurisdiction In Mlamf..Dacle County, Florida. . 34.0 Eff§ctive Date ThIs AGREEMENT shall not beoome effective and binding until it has been executed by both parties hereto and the effective date shall be the date of Its ~n by the last party so exeruting It 35.0 ThIn:! party Benef!c!ary It Is specifically understood and agreed that no o1her person or entity shaD be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties heruto. and that only the parties hereto shall have any rt~ts hereunder. 36.0 further Assurances The parties hereto agree to execute any and all other and fwther documents as m~ be relillOnably necessary In Older to 1'8tfy, confirm. and effectuate the intent and purposes of the AGREEMENT. 37.0 Time of fHAoce Time Is of the esaence of this AGREEMENT. 38.0 IJUlrDreta!lon this AGREEMENT ahall not be construad more strongly agalnlt either party hereto. regardless of v.tlo was more responsible for Its preparation. 39.0 force Malan NeIther party heiato atIaIl be In default of Ita failure to perfann lIB obligations under this AGREEMENT If caused by ec18 of God. civil commotion. strtkes, labor disputes, Of gowmmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shaD notify the other of any such occurrence. 4O.0liQUGa Profe8sIonal ServIce AGREEMENT . TpepeCD9-06-13 Page 14 of 21 . I Whenever notiCe shall be required or permitted hEiFeln, it shall be delivered by hand delivery, e-mail, facslmRe transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the dellvely oonflrmatlon or H by certified mall, the date on the return receipt or the date . shown 8S the date same was refused or unclaimed. NotIceS shall be delivered to the followfng lndMduais or entitles at the addresses (Including &-mall) or facsimile transmission numbers 5et forth below: To CITY: CIty Manager, __ 6130 Sunset Dr. South Miami, Fl 33143 Fax: E-mail: ~-------------------------------­------- Professional service AGREEMENT TpepeC09-06-13 Page 15 of 21 With copies by U.S. mall to: To CONSULTANT: CIty Attorney, Thomas Papa, esquire 6130 SUnset Dr. South MIami, Fl33143 Fax: (305) 341-0584 E-mal: tDepe@soulbmlamifl.gov Jorge Ferrer 8ermelb. AJatnll & Partners, Inc. 26<11 South Bayshore Drive Suite 1000 Maml. ,RorIda 33133 IN WITNESS WHEREOF, this AGREEMENT Is accept8d on the da1a first above to the terms and conditio", set forth herein. ATTESTED: ProfeaaIonal Service AGREEMENT TpepeC09-06-13 C~OF~ -' By: ":::_~~~~-:-____ _ , ~der City Manager Page 18 of 21 end $2,OOO,()00 Annual Aggregate. Coverage must be afforded on a fonn no more restrictive than the latest edition of the Comprehensive General Uabllity policy, without restrictive endorsements, 8& flied by the Insurance Services OffIce, and must inclUde: (a) Ptemlaes and Operation (b) Independent Contractors (e) Products andlorCompleted Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Covereae applICable to this specific Contract, Including any hold harmless and/or indemnification agreement. (g) Peraonallnjury Coverage with Employee and Contractual exclusions removed, with minimum limits of ccwerage equal to those required for Bodily Injury liability and Property Damage Liability. Business Automobile Uability with minimum limits of One MllHon Dollars ($1,000,000.00) plus an additional One Ml1Ion Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Uabl1lty and Property Damage UabUity. Umbrella coveragl! must be afforded on a form no more re&1rIctive than the latest edition of the Business AutomobHe LI~blRty policy. without res1rIctive endorsements, as"flled by with the state of Florida. and must Include; (a) Owned Vehicles. . (b) HIRKI and Non-Owned Vehicles (e) Employers' Non-Ownership SUBCONTRACTS: The FIRM agrees that if any part of the Work und&!' the Contract is sublet. the subcontract shaD COniain the same insurance provision as set forth in section 5.1 above and 5.4 below and subetitutlng 1he word Subcontractor for the word FIRM and substituting the word FIRM for CITY whei8 applleable. ~ aM IIildaRdM Ge¥lFBte IA'1RMa (Build.,.' Rlek), IF A.QPUCAliJl.Ei: In "9 8'I8At that thIe eerdFaet IfMlWee tRe eeAewetieA at a __ ",1M GONllUCI=QR aMI "'''''A, wMtt aA IA8YRIRae C8IRp~' .. !AIUMnaa G:aMpaf!l81 aaaeptabli telll QR'¥o -BRlfMF 1e""',..1 RIIIk IAlIlMA88 an Ilwildilll,8 and aWe_I, IRellMI1Rt \faAdIH.", & MallGI9U8 MiaGhief ee'J9raga, wNialR ttll 8QUF118 sf 88R8IMItiGAj InellHfIAg ftnmdalleA8, _ .. itleR&, atlaehMlAIe aAd ell p.MlIRe ... IiJlMreI hala.1I ta _ eeA&tllutlAe a paFt ef &aid IiwlltllAsa er aA9tY... 1M pelG}' ~ peliGlee ahall ala, .lleF ",achlRlfY, If the ea. ef ",aeRIAllY lalRGlYded I .. IRa QeACN'" eF If tAe fABshiRe,)' II Iseated In a bYlkilAg '* i, tiIeIIlg AtR9V8ted ~ '''eA ef~. aeRlAlaL ~a _SYM ef iAaYf8M8 "'wet; at all 1M •• 1M lit leeet equal " ""a .. pla_FAIAt aAd aaNal salt! '/alYa sf the _ .... a pF8paltya "Ale pGliq' MaO be IA 1M Aa",. ef ""a QI=r\' Mli tile CON:JROtClOA, Be lIalr "'Welt RlSV apJM1liF; and &.,.811 alSe aewr the 1AtieF8818 afal S .... AIRletGI6 peffelmlflg 'J.'efk. All of the provisions set forth In SectIon ~.4 herein below shall apply to this coverage unl ... It would be clearly ~ applicable. MIscellaneous: If any notIce of cancellation of insurance or chal1tJe In coverage Is ISBued by the Insurance company or should any Insurance have an expiration date that will occur dLll'lng the period 01 this contract. the FIRM shall be responsible for securing other acceptable Insurance prior to such cancellation, change, or expiration so 88 to provide continuous coverage 8& specified In this section and so as to maintain coverage during Ute life of this Contract An deductlbles must be declared by the FIRM arid must be approved by the CITY In the CITY's sole and :=u==~'r:::=:~:====.,::e"~~-:!:s Professional Service AGREEMENT TpepeC09-()a.13 Page 18 0121 Attachment A Insurance and IndemnlllcaUon Insurilnce Requirements Wlhout limiting Its Rablilly. the contractor, consultant or cOMuJing firm (hereinafter refeI'red to as "FIRM" with regard to Insurance and Indemnlftcallon requirements) shal be requiNd to procure and maintain at Its own expense during the Ofe of the Contract, Insurance of the types and In the minimum amounts stated below 88 will protect the FIRM. from claims which may arise out d or reault ftom Ole contract or the performance of the contract with the' City of South Miami. whether such claim 18 against the FIRM or anyaub-contraotor. or by anyone directly or Indiractty employed by IIny of them or by anyone for \\tlo$e acts any of them may be liable. No Insurance required by the CITY shall be Issued or written by a surplus Ones cantW unless aU1horized In writing by the CITY and such aulhortzatlon shall be at the CrrY's sole and absolute discretion. The FIRM shall purchase Insurance from and shan maintain the Insunmce IMth a company or companies lawfully authorized to sell Insurance In the State of Florida. on bms apprQVBd by the State of Rorida, as wiN protect the FIRM, at a minimum, from all claims 88 set forth below v.tUch mayarlse out of or l88ult from the FIRM's operations under the 'Contract and for \\tI1ch the FIRM may be legally liable, ~er such operations be by the FIRM or by a Subcontractor or by anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be Hable: (8) claims under worbrs' compensation, disability benefit and other similar employee benefit acts which an!) applicable to the Work to be performed; (b) claims for damaQOlt because of bodily Injury, occup'ationaI sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily Injury. slckneas or disease, or death of any person other than the FIRM'a employees; (d) claims for damages insured by usual pen;onallnjury liability coverage; (8) claims for damages, other than to the Work ltIeIf. because of Injury to or destruction of tangible property,lnduding loss of use resulting there from; (f) claims for damages because of bodily Injury. death of a person or property damage ariSIng out of ownel'8hlp. maintenance or use of a motor vehicle; (9) c:IaIms for bodily Injury or property damage ar1A1g out of , completed operations; and (h) claims InVolvIng conlraatual liability Insurance applcabte to the FIRM's obligations under the Contract Ann'. Insurance Gen8l'8Ry. The FIRM shall provide and maintain In foIoe and effect unW aH the Work to be peIfonned under ihIs Contract has been completed and accepted by CITY (or for such duration as Is otharwlae specified hereinafter), the Insurance coverage written on Florida approved fonns and as set forth below: ' Wolttera' Compensation Insurance at the atatutory amount 88 to all amployeet In c:ompllance with the 'Wen .. ' Compensation l.aw" of the State of Florida including Chapter 440, florida Statutes, as presently wrltlan or hereafter amended, and all applicable faderallaws. In addition, the policy ('") must Include: Employers' liability at the statutory coverage amount The FIRM shaD further Insure that all of It& Subcontractors malntaln appropriate levels of Workets Compensation I~surance. Commarolal Comprahanslve GIIIl8Ild liabIlity Insurance y,ith broad form endorsement. as wei 88 automobRe 1I&b11ly. completed operatlolw and product8lilblUty. contractualllabllty, severablUty of Intansat with cross IIabUIty provision, and pel'lonallnjury and property damage liability with limits of $1,000,000 comblnlMl single Ibnlt per occurrence and $2,000.000 aggregate, Including: • PeraonaIlnJury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; UmbreUa Commercial Comprehenstve General Uabilly Insurance ahall be written on a Flortdaapprov8d form wi1h the same coverage 88 the primary Insurance policy but In the amount of $1,000,000 per claim Professional Service AGREEMENT Tpepe009-06-13 Page 17 of 21 . not approve of the deductible and If the FIRM does not eliminate or reduce such deductible to the satisfaction of the CITY or falls to procure a Bond, In a form satisfactory to the CITY. to covering the deductible. the CITY may reject tile FIRM and awarding tha contract to another FIRM. The policies shaU cantsln waiver of subrogation against CllY where applicable, shall expressly provfde that such policy or policies are prbnary over any other collectible Insurance that CITY may have. The CITY reserves the right at a1Y time to request II copy of the required policies for review. All policies shan contaIn a -aaverablPly of Interest" or ·cross llablflly" clause wtthO\it obligation for premium payment of the CITY as well as contractual liability provision covering the Contractor1l duty to Indemnlfy the City as provfded in ttis Agreement Before starting Ile Work, the FIRM aha. de8ver to the CITY and CONSULTANT. If any. 9BftiIic8teS of such Insurance, acceptable to the CITY. as well as the Insurance binder. if one Is issued. the Irmrance polley, Including the declaration page and all applicable endorsements and provide the name, address and telephone number Of the Insuranoe agent or broker through whOm the policy was obtained. The lnaurer shal be rated A.VII QI' better per A.M. Best's Key Rating Guide, latest edition and authorized to . Issue Insurance In the State of Florida. All Insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the ClTY. The FIRM may be required by the CITY. at its SOle discretion, to provide a ·certifled copy" of the Policy (as defined In ArtIcle 1 of this document) which ahallinciude the declaration page and all required endorsements. In addition. the ARM shall deliver, at the time of delivel'y of the Insurance certificate. the following endorsements: . a policy provision or an endorsement wllh substantiaUy similar provisions as follows: "The City of South Miami Is an additional insured. ThelnsUf8f shall pay aU sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury", 'property danage' , or "perwonal and advertising Injury" and it will provida to ttle City al of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage S"; a policy provision or an endorsement with substantialy similar provisions 88 follows: "Thill policy _hall not be cancelled (including cancellation for non-payment of premium), terminated or materially modlfted without first giving the City of South MIami ten (10) days advanced written notice of the Intent to materiaJly modify the policy or to cancel or terminate the policy for any reason. The notification shan be delivered to the City by certified mall. with proof of deI.ivery to the City." Professfonal Uabllty Insurance on a Florida approwd form In Ole amount of $1.oo0,OOO·wtIh deductible per claim If any, not to exceed 5% of the limit of liability providing for all su~ which the FIRM shall become legany obligated to pay 88 damages for claims arising out of the services or work performed by the FIRM lis agents, representatives. Sub Contractors or assigns, or by any pen;on employed or retained by him In connection with this Agreement This lnauranoe ahan be mainta1ned for four years after completion of t/:Ie construction and acceptance of any project COll8red by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance. In the amount and under the terms specified above, which Is allo acceptable. No Insurance shall be l8S\Ied by a swpius Rnes carrier un .... auth!)rized In writing by the city at the city'a sole, absolute and unfetterad discretion. Contractort. RMponslblUty Prior to Receiving. Notice to Proceed PrIor to the City Issuing a Notice to Proceed. the contractor .h.n deliver a copy (eUher hard copy or. preferably. electronically) of the poUcy, Including the declaratton paga of the policy and all endorsements to the policy and provide the City with the name. address. Including email addres8, and phone m.mber of the contractor's Insurance agent Professional Service AGREEMENT TpepeC09-06-13 Page 19 of 21 The Contractor's insurance agent must provide the City with evidence that th.lnsurer Jqulng the policy Is licensed and authorizlJd to do business In F1orfda. ttlat ttle form of the poley btlng Issued haa been approved by the State of Florida and that the Insurance, canter that 18 Issuing the poley III not issuing the poHcy as a surplus hnes canter. The age,n shall allO provide a citation 10 the page nwnber of the policy, or the form number of the endcnement, and highlight the relevant language cI the portion of the policy ~or the endoraem8l1t!l that. In his or her estImalion, meets the foIIov.4ng City insurance requirements • • ) the city Is an ackltionallnsured; b) coverage Includes contractualllabUIly: c) the City will be provided at least 10 ~ays advanced notice of eny cancenatlon of the policy, Including cancelation for non-pa~ cI premtwn, and at least 30 days' adv8nced notice of any mater1~' changes to the policy or of cancellatfon for any reason other then non-payment; and d) eHhw a policy provision or an endorsement' providIng that the policy 18 primary and non- contributory. such as an andor&ement that provides that the vendor's policy Is primary over all of the clty's applicable Insurance and that trea\8 the clty's policies a8 excess COveragll. It may be, that some of 1he8e provisions are combined Into one endoraema,nt Or contained In the peRcy Itself. ' If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation'.8 required by the City. the contractor may atIII comply with the City's Insurance requiement If the contractor provides the City oMth 'Proof that the policy premIUm has been paid In full and provided the contractor makes ammgements with its Insurance compa"Iy to allow the CIty to confinn. monthly, UIat the policy Is In full force and effect. In addition, the Con~r must either pay the City a monthly manitoring fee, cunently set at $25 per month, or have the amount deducted from the Contractor'. drawllpaymenlS; Inclernnlflcdon Requlnment A. The Contractor accepts and voluntarily Inwra aU risks of any InJurtes, damages, or hann which might arise during the WOIk or event that. II 0CClIrlng on the CITY'8 property due 10 the negligence or other fautt of the Contractor or anyone acting through Of' on behalf of the Contractor. 8. The Contractor shall indemnify. defend, save and hold CITY. Ita offtcenl. afIIUatel. employe~. auccessora and assigns, hannle8a from any and all damages. clalml.llabUity, 1oa&eI. claims. demands. sub, fines. Jud.gmentl or coet and expenHI. Including reasonable attomey'a fae8. ptnIagaI feee and Investigative costs incidental there to and Inctmad pt10r 10, durtng or fQIIowing any _tIon. mediation, arbitration and at all appellate levell, \\'hJch may be, 8\.Iffared .by, or accriIed agalnIt, urged to or reoovarebIe from the CIty of South Milml. Ita otIIcel1, afftltataa. employees. 1UCC8l80l'8 and 8181gna, by reason of any causea of actions or ClIaIm of any kind or nature, including claims for Injury to, or death of any penon or persona and for the lou or damage to any property arlatng out of a negligent error. omission, misconduct. or any gross negligence, Intentional act or harmful conduct of the Contractor, Its contracCOrllUbcontractor or any of their aftIoers. dlreclOf8, agenta. represantatl .... employees. or _!gna. or anyone acting through or on behalf of any of them. arising out of this Agreement. Inddent to It, or mulling from the perfonnanca or non..peytormance of the Contractor's obIIga1lons unclet Ihls AGREEMENT. C. The ContraCtor shaD pay all claims. 101888 and expenses of any kind or natura whatsoever. In connection therewith. Indudlng the expanse or Ion of the crrv andlor Its affacted oftIcers. alfiliatas. employael, IUCC88Iora and .. !gnl. Including their attorney's fees. In the dafenae of any action In law or equity brought against them and sriling from the n8glfgent enu, oml8l1on. or acot d the Contractor, Its Sa»contractor or any of their agents. ntpI8881 11ati1l88. employees. or anigns, and/or arising out of. or Incident to, this Agreement, or Incident to or resulHng from the perfonnanoe or non-performance of the Contractor's obligations under this AGREEMENT. ' ProfenlOnaJ Service AGREEMENT TpepeCJ09.08..13 Page 20 of 21 D. The Contractor agrees and recognizes that neither lheCIlY nor Its offtcers, affiliates, employees, SUCC8SSOfS and assigns 8haII be held liable or responsible for any c18lms. including the costs and expanses of. defending such claims which may result from or arise out of actions or omissions of the Contractor. Ita contractor/subcontractor or. any of their agents, representatives. employees, or alsigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is OCCUrring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor. CITY In no way allumes or shares responsibility or liability for the acta or omissions of 1"8 Contractor. Ita contractorlaubcontractor or any of their agents. representatives, emplo~a. or assigns. or an~ne acting through ,or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Mlam~ which approval win not be unreasonably wtthheld. F. However, as to dugn professional contracts, and pursuant to SectIon 726.08 (1). Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shaD set forth the 80Ie responsibility of the design professional concerning Indemnlflcatlon. Thus, the design profusional's obDgatlons .t to the City and Its agencies, .s well as to Its officers Bnd employees, Is to indemnify and hold them harmless (rom liabilities. damages, losses, and costs, including, but not limited to. reasonable attorneys' fees, to the extent Caused by the negUgence, ' recklesanesa, or intentionally wrongful conduCt of the design professional and other persons employed or utilized by the desIgn professional In the performance of the contract. Professional Service AGREEMENT Tpepe@09-()6-1S Page 21 of 21 RESOLUTION NO.: 120-13-13938 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", for the following professional services: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering; and WHEREAS, on April 26, 2013 a request for qualification RFQ #PW-S2013-04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty-three (33) firms; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the firms were ranked; and WHEREAS, the City selected a five (5) qualified firms for each category to provide the professional services to the City as follows; and Civil 1. EAC CONSULTING, INC 2. CIVIL WORKS INC 3. ADA ENGINEERING, INC 4. SRS ENGINEERING, INC 5. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS Traffic & Transportation 1. TY LIN INTERNATIONALlHJ ROSS 2. THE CORRADINO GROUP 3. MARLIN ENGINEERING 4. C H PEREZ CONSULTING ENGINEERS, INC. 5. URS Arch itectu re 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL & PARTNERS 3 SOL-ARCH, INC 4 R.E. CHISHOLM ARCHITECTS, INC 5 INDIGO SERVICE CORPORATION Environmental 1. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3. STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC. 5. LANGAN ENGINEERING Structural 1. SRS ENGINEERING, INC 2. G BATISTA & ASSOCIATES 3. STANLEY CONSULTANTS, INC Landscape 1. O'LEARY RICHARDS DESIGN & ASSOCIATES 2. BERMELLO AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 4. CURTIS + ROGERS DESIGN STUDIO, INC 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Commission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW-S2013-04 in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act). .. .. Pg. 2 of Res. No. 120-13-13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4 th day of _J_u_n_e ____ , 2013. ORM ECUTION A~r!ftJ~ MAYO COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea .. TO: FROM: DATE: .. City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75 th Avenue Miami. FL 33155 Tel. (305) 663-6350 Fa.x(305) 668~7208 Steven Alexander. City Manager Jorge L. Vera, Capital Improvement Project Manager June4.2012 ....... -' Resolution: A Resolution of the City of South Miami, Florida, aLlthorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 (Consultant's Competitive Negotiation Act) "CCt-iA", for Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering professional services. Background: On April 26. 2013, the City received 33 solicitations in response for the request for qualifications RFQ#PW·S201 ;3-04 for Architecture. Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering professional services. The intent of the CCNA is to select professional serviCeS baSEld on the qualifications of the firm, without considering the price of those services until after the firms have been ranked. Ranking is based on qualifications and negotiations haVE:} begun with the top ranked firm. Professional design services are defined under this law to include engineering, surveying & mapping, landscape architecture, and architecture. Numerous studies have shown that selection based on qualifications provides the owner with optimum services, whereas selection based on low price only assures the owner of the least expensive initial design or study cost. not necessarily the best or most cost-effective over the life of the project. Public agencies that use qualifications based selection under the GCNA to procure engineering services are better able to control construction costs and achieve a consistently high degree of project satisfaction than those using other procurement methods. Therefore, the selection of firms will be based on qualifications and once firms are selected, then competitive negotiations for fees will occur, Further, the intent of the CCNA legislation has always been to preclude "price consideration" from entering into the selection process. The Florida Legislature clarified the statute in 1988 t6 state that an "agency may request, accept, and consider proposals for the compensation to be paid under the contract only during the competitive negotiation." In accordance with Florida Statute 287.055 (Consultant's Competitive Negotiation Act) "CCNA", the review committee ranked the firms within the categories of Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. The top 5 firms for each category are listed below in order of their ranking. Civil . 1. EAC CONSULTING, INC 2. CIVIL WORKS INC 3. A.DA ENGINEERING, INC 4. SRS ENGINEERING, INC 5. RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS Traffic & Transportation '1, TY LIN INTERNATIONALfHJ ROSS 2,. THE, CORRADINO GRQUP 3. MARLIN ENGINEERING 4. C; H PEREZ CONSULTING ENGINEERS, INC,. 5. URS Architecture· ......... 1 MCHARRY ASSOCIATES 2 aERMEl.LO AJAMIL & PARTNERS 3 SOL~ARCH, INC 4 RE.CHISHQLM ARCHITECTS, INC 5 INDIGO·SE:RVICECORPORATION Environmental. 1. RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3. STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC. 5. LANGAN ENGINEERING . Structural 1. 8RS ENGINEERING; INC 2. G BATISTA& ASSOCIATES ~ C''TA~:li '[0:0::,-;, 1"'r"\J..I~11I TI\fl.I'TC"&· 1;'1'1"' v. 'V I /"'\I'IL-L.:.;,' \..rVJ"h~VL I 1"'\1"4 ,"v, 1I:'f'-' Landscape 1. O'LEARY RICHARDSDE81GN & ASSOCIATES 2. BERMELLO .AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 4. CURTIS + ROGERS DESIGN STUDIO, INC 5. KIMLEY HORN & ASSOCIATES City staff will be submitting, at a future regular Commission meeting, the completed Professional General Services Agreements for Commission approval, for each ranked firm, which will include negotiated hourly rates. The execution of these Professional General Service agreements does not commit the City to any maximum amount of fees nor guarantee any work. Upon selection of the firms, the City will negotiate hourly rates that are acceptable to the City and within industry standards. Upon the City and firm negotiating a cost to perform the required scope ota project, a resolution will be brought before the City Commission for approval of the service agreement. Attachments: Proposed Resolution Evaluation selection sheet Standard professional service agreement .. RFQ #PW-P2013-04 Rank Bidder Points Key: Civil Engineering JV SK GM Total Nut ij prhne se(,JiC8 IY Llf'IINTERi'!!\TIONAL!HJ HO~~S <)Q '-'j 97 91 277 1 EAC CONSULTING, INC 90 97 89 276 2 CIVIL WORKS INC. 86 91 85 262 SFHlVlf:l.LO /\JAMI!. 8, P:\RfNERS (I\lP) 8 1Y .) 88 81 254 'ill!: CO!U(:\DINO GIWUP 74 ')6 nl :~Sl 3 A.D.A. ENGINEERING, INC. 81 91 78 250 4 SRS ENGINEERING, INC 69 98 81 248 5 R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 79 98 71 248 MILI!\!'] SINillN tlND ASSOCIAHS 35 79 80 244 :,TAf\lLEV CONSULTAf\ITS, INC 71 90 71 232. (PH ENCiINEEnS 72 94 6.5 231 [',AUl'T EI\lV!i~ONMENT/\L, INC. 71 85 7J. 2.27 LANGIIN FNClf'IEl"I\lWi 63 9:i. 72 226 HODHIGUU i?l Ci.UIRO(i/\ (1\11') 70 g2 73 225 H.ORIDAI FAI\ISfJUHTATION ENCiINLEfili'Hi FfE 68 92 61 2~!.1 BUILDING TECHNOLOGY fI.sSOCi/\Tt5, INC. ~,O 84 53 1ffl Traffic & Transportation Engineering Services JV SK GM Total 1 TY LIN INTERNATIONAL!HJ ROSS 89 97 91 277 2 THE CORRADINO GROUP 87 96 83 266 CIVIL WOnKS INC (~IP) 66 91 85 262 3 MARLIN ENGINEERING 83 98 77 258 fU BEIIAI{ ,~COMI)I\NY INC Ei'lGINI:Ur·), PIJINNmS 79 ~m !l 248 4 C H PEREZ CONSULTING ENGINEERS, INC. 75 99 73 247 5 URS 75 94 78 247 fv1C IV1NION rrU\NSi'. EN(jINE!':I~S g, 1)lJiNf'JERS 79 88 79 246 FI.OnlDA TI~J\i\JSf'OFrfl\TiON ENGIi\IITf\INc; rrr 72 94 77 243 STANL.EY CONSUI.TANTS, !I\IC. 71 90 71 232 HSC EI\lGINl:EF\I~IG COMi)ANY 66 89 72 227 (J\LTn!~N Ei\JCli\j[::::i{ING GF\oUP 71 86 69 226 Architecture JV SK GM Total 1 MCHARRY ASSOCIATES 78 98 83 259 2 BERMELLO AJAMIL & PARTNERS 85 88 81 254 3 SOL-ARCH, INC. 75 95 79 249 4 R.E. CHISHOLM ARCHITECTS, INC. 77 90 67 234 5 INDIGO SERVICE CORPORATION 67 97 66 230 ROOHiGUEZ 8t OUIHOGA 70 Q', 0, .. n 22~) (HM.GUB, IIlle, 61 I.H 69 214 Environmental Engineering JV SK GM Total TY LIN INTEI'I~Arl()NAI.!H! f1.0SS-All services 89 97 91 217 CIVIL WORKS INC (NP) 36 91 85 :26'2 THE COI~RADINO GROllP (NP) 74 96 81 25:1 ADA ENCJINEU{INCi, I~IC. 31 91 78 250 1 R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 79 92 77 248 Sr{S ENGlI\IF'f'rUHG, Ir\l(: 69 98 31 248 2 MILIAN SWAIN AND ASSOCIATES 85 79 80 244 3 STANLEY CONSULTANTS, INC. 71 90 71 232 4 BAUET ENVIRONMENTAL, INC. (NP) 71 85 71 227 5 LANGAN ENGINEERING (NP) 63 91 72 226 Structural Engineering JV GM SK Total fY LIN INTEJ{NATIONAL!HJ ROSS· All services 89 97 91 277 EAC CONSULTING, INC (I\lP) 90 97 89 276 ADA ENGINEEHING, INC. 81 91 78 250 1 SRS ENGINEERING, INC 69 98 81 248 2 G BATISTA & ASSOCIATES 78 89 70 237 3 STANLEY CONSULTANTS, INC. 71 90 71 232 BAun E~I\IIHONMENT!\L, INC. 71 85 71 227 Landscape Architecture JV SK GM Total 1 O'LEARY RICHARDS DESIGN & ASSOCIATES 85 87 86 258 2 BERMELLO AJAMIL & PARTNERS (NP) 85 88 81 254 3 ROSENBERG GARDNER DESIGN 76 97 81 254 4 CURTIS + ROGERS DESIGN STUDIO, INC 76 87 84 247 5 KIMLEY HORN & ASSOCIATES 75 97 68 240 DHED(31NG ,'1 Mill\lNE CONSULTANTS 69 87 GO 2.1G