Res No 009-24-16114RESOLUTION NO. 009-24-16114
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A PROPOSAL AND PROJECT
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES,
INC., TO PROVIDE DESIGN SERVICES FOR DRAINAGE
IMPROVEMENTS ALONG SW 65TH A VENUE BETWEEN
SW som STREET AND SW 52ND STREET IN AN AMOUNT
NOT TO EXCEED $60,560.50; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") is in need of professional design
services for the design of drainage improvements along SW 65 th Avenue between SW 50 th Street
and SW 52nd Street (the "Project") as the area is experiencing localized flooding during rain events
due to improper drainage infrastructure; and
WHEREAS, pursuant to Section 287 .055, Florida Statutes ( also known as the Consultants'
Competitive Negotiation Act) (the "CCNA"), on May 3, 2022, the City adopted Resolution No.
056-22-15809, authorizing the City Manager to negotiate and execute a Professional Services
Agreement (the "Agreement") with Kimley-Horn and Associates, Inc. (the "Consultant"), among
other firms, for the provision of general engineering services on an as-needed basis; and
WHEREAS, in accordance with the provisions of the Agreement and the CCNA, the
Consultant has provided the City with a proposal (the "Proposal"), attached hereto as Exhibit "At
to provide design services and develop construction plans, as well as post bid and post design
services, for the Project (the "Services") in the amount of $60,560.50; and
WHEREAS, the City Commission desires to approve and authorize the City Manager to
enter into the Project Agreement attached hereto as Exhibit ''B" in an amount not to exceed
$60,560.50 based on the Consultant's Proposal attached hereto as Exhibit "A"; and
WHEREAS, the cost of the Services shall be charged to Capital Improvement Program
Fund Account Number 301-1790-519-6450, which has a current balance of $2,044,472.88, or
other funding source as determined by the City Manager to be in the best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Res. No. 009-24-16114
Section 2. Approval of Proposal and Project Agreement. The Proposal attached
hereto as Exhibit "A" and the Project Agreement attached hereto as Exhibit "B" are hereby
approved.
Section 3. Authorization. The City Manager is hereby authorized to execute the
Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit "A,"
for the provision of the Services for the Project in an amount not to exceed $60,560.50 based on
the terms of the Proposal, attached hereto as Exhibit "A," subject to the final approval of the City
Manager and City Attorney as to form, content, and legal sufficiency. The City Manager is hereby
authorized to charge the costs of the Services for the Project to Capital Improvement Program
Fund Account Number 301-1790-519-6450, which has a current balance of $2,044,472.88, or
other funding source as determined by the City Manager to be in the best interest of the City.
Section 4. Implementation. The City Manager is authorized to take any and all
actions necessary to implement the Project Agreement and the purposes of this Resolution.
Section 5. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any confonning amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 6th day of February, 2024.
ATTEST:
CITYIU<
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEIS~MAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
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5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: February 6, 2024
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.,
TO PROVIDE DESIGN SERVICES FOR DRAINAGE IMPROVEMENTS ALONG SW 65TH AVENUE
BETWEEN SW 50TH STREET AND SW 52ND STREET IN AN AMOUNT NOT TO EXCEED $60,560.50;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS ENGINEERING & CONSTRUCTION)
Suggested Action:
Attachments:
Memo-Drainage_65av_KHA_1-8-24__1_.docx
Resolution Approving Proposal and Project Agreement with Kimley-Horn for Drainage Improvements SW 65 Avenue
Exhibit A - KHA_Drainage Improvements Proposal.pdf
Exhibit B - Project Agreement - Kimley-Horn - Drainage Improvements Along SW 65 Avenue Between 50th and
52nd.DOCX
4846003-Reso Approve Proposal and Project Agreement Kimely Horn Drainage Improvements SW 65 Ave CAv2.DOCX
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:Tuesday, February 6, 2024
SUBJECT:Drainage Improvements SW 65th Avenue between SW 50th Street and SW 52nd
Street
RECOMMENDATION:
Approve the proposal and project work/purchase order with Kimley Horn and Assoc., Inc., to
provide design services for drainage improvements along SW 65th Avenue between SW 50th
Street and SW 52nd Street.
BACKGROUND:
The roadway segment along SW 65th Avenue between SW 50th Street and SW 52nd Street is
experiencing localized flooding during rainstorm events due to improper drainage in the area. To
address the localized ponding, Kimley Horn and Assoc., Inc., will design and develop construction
plans as well as provide bid and post design services.
As the next City’s rotation list consultant, Kimley Horn and Assoc., Inc, was requested to provide
a proposal for drainage improvements. On January 8, 2024, Kimley Horn and Assoc., Inc.,
submitted a revised proposal for drainage improvements that is comprehensive and cost
effective for the services requested.
FUND &ACCOUNT:
Amount not to exceed $ 60,560.50.Please refer to the consultant contract and fee schedule. The
expenditure shall be charged $60,560.50 to the Capital Improvement Program Fund account
number 301-1790-519-6450.
ATTACHMENTS:
Resolution
Resolution 056-22-15809
Revised Proposal –M&J Engineering, P.C.,dated 1/8/2024
2
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name: Drainage Improvements Along SW 65111 Avenue
Between SW 50th Street and SW 52 nd Street
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES , INC.
Proj ect Name:
Drainage Improvements Along SW 65 th Avenue Between SW 501h Street and SW 52nd St reet
Subject to the provisions contained in the "Professional Services Agreement for Professiona l
Genera l Enginee rin g and Architectural Services " (hereinafter referred to as the "Profess ional Services
Agreement") between th e CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as "City") and
KIMLEY-HORN AND ASSOCIATES, INC. (hereinafte r refe rr ed to as "Consultant") dated May 3, 2022,
w hich Professional Services Agreement was competitively procured through Request For Qualifications
(RFQ) No. PW2022-03 in ,a~rdance with Sectio?287.955, Florida Statutes. This Project Agreement is
made effective as of the --'\ti"------day of ~b., u..u.-,f , 203r., and authorize s the Consu ltant to
provide the services as set forth below: /
SECTION 1. SCOPE OF SERVICES
1.1 Consultant sha ll prov id e professional general engineering services (the "Services") for
Drainage Im provements along SW 651h Avenue between SW 501h Street and SW 52 nd Street (the "Project")
in accordance with the terms and conditions of the Agreement and shall complete the tasks that are
identified and describ ed in the Proj ect Proposal attached hereto as Exhib it "1" (the "Proposal") for the City.
1.2 The City may request changes that would increase, decrease, or otherwise modify th e
scope of services outlined under the Proposal attached hereto as Exhibit "1." Such changes must be
con tain ed in a written change order executed by the parties in accordance with t he provisions of the
Agreement, prior to any deviation from the term s of this Project Ag ree ment, including the initiation of any
extra work .
SECTION 2. DELIVERABLES
2.1 As part of the scope of Services and Projec t schedu le, the Consultant shall provide the
City with the Deliverables ide ntifi ed in the Proposal attached hereto as Exhib it "1."
SECT ION 3. TERMfTIME OF PERFORMANCE/DAMAGE
3.1 Term . Thi s Proj ect Agreement shall comme nce on the date thi s instrument is fully
exec uted by all parties and shall co ntinu e in full force and effect unti l te rminated pursuant to Section 6
herei n or othe r applicab le provisions of the Agreement. The City Manager, in his sole discretion, may
extend the term of this Project Ag reeme nt throu gh written notification to the Consultant. Such extens ion
shall not exceed 90 days. No further extensions of this Agreement shall be effective un less authoriz ed by
th e City Manager.
3.2 Commencement. Services provided by the Consultan t under t his Project Agreement and
th e time frames applicable to thi s Project shall commence upon the date provided in a written Notice to
Proceed ("Commencemen t Date") provided to the Consulta nt by the Ci ty. The Co nsu lta nt shall not incur
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any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed.
Consultant must receive written notice from the City Manager prior to the beginning the performance of
services.
3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the
Services for the Project to the City on the Commencement Date, and shall continuously perform the
Services for the Project to the City, without interruption, in accordance with the time frames set forth in the
Proposal attached and Incorporated Into this Project Agreement as Exhibit "1". The number of calendar
days from the Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the
Contract Time.
3.4 All limitations of time set forth In this Project Agreement are of the essence.
SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION
4.1 Compensation. Consultant shall be compensated for the provision of the Services for the
Project in accordance with Exhibit "1 11 attached hereto. Consultant shall receive a total lump sum fee of
$60,560.50 for the provision of the Services for the Project.
4.2 Reimbursable Expenses. All reimbursable expenses are included in the total
compensation listed in Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
5.1.1. Compensation and Reimbursable Expenses. Consultant shall submit invoices
which are Identified by the specific project number on a monthly basis in a timely manner. These
invoices shall Identify the nature of the work performed, the phase of work, and the estimated
percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit
"1., and made part of this Project Agreement. Invoices for each phase shall not exceed amounts
allocated to said phase plus reimbursable expenses accrued during each phase. The statement
shall show a summary of fees with accrual of the total and credits for portions paid previously.
5.1.2. Florida Prompt Payment Act. The City shall pay the Contractor In accordance with
the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for
payment to the Consultant Is disputed, or additional backup documentation is required, the City shall notify
the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or
additional documentation request. The Consultant shall provide the City within five (5) working days of the
date of the City's notice. The City may request additional information, including but not limited to, all
invoices, time records, expense records, accounting records. and payment records of the Consultant. The
City, at Its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties
shall endeavor to resolve the dispute In a mutually agreeable fashion.
5.3 Suspension of Payment. In the event that the City becomes credibly Informed that any
representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially
Inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the
Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise
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I
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due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the
cause thereof, is corrected to the City's reasonable satisfaction.
5.4 [INTENTIONALLY OMITTED]
5.5 Final Payment. Submission to the Consultant's invoice for final payment and
reimbursement shall constitute the Consultant's representation to the City that, upon receipt from the City
of the amount invoiced, all obligations of the Consultant to others, Including Its consultants, incurred in
connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents
requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans,
or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final
payment shall constitute a waiver of all claims against the City by the Consultant.
SECTION 6. TERMINATION/SUSPENSION
6.1 For Cause. This Project Agreement may be terminated by either party upon five (5)
calendar days written notice to the other should such other party fall substantially to perform In accordance
with its material terms through no fault of the party initiating the termination and falls to cure the failure to
perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or
causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining
to this termination. In the event that the Consultant is terminated by the City for cause and It is subsequently
determined by a court by a court of competent jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision
of Section 6.2 shall apply.
6.2 For Convenience. This Project Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days' written notice to the Consultant. In the event of such termination, the
Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obllgation(s). The Consultant shall be compensated for all
Services performed to the satisfaction of the City and reimbursable expenses Incurred prior the date of
termination. In such event, the Consultant shall promptly submit to the City Its Invoice for final payment and
reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall
the City make payment of profit to the Consultant for services which have not been performed.
6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all
work product of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City or its authorized
designee, a copy of all work product In its possession, including but not limited to designs, specifications,
drawings, studies, reports and all other documents and data In the possession of the Consultant pertaining
to this Project Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title
and Interest under any subcontractor's agreements to the City.
6.4 Suspension for Convenience. The City shall have the right at any time to direct the
Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thirty {30) calendar days. If any such suspension is directed
by the City, the Consultant shall Immediately comply with same. In the event the City directs a suspension
of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as
full compensation for such suspension the Consultant's reasonable cost, actually Incurred and paid, of
demobilization and remobilization.
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Section 7. American Rescue Plan Act Contract Conditions.
7 .1 The Consultant acknowledges that the Services authorized under this Project Agreement
may be fully or partially funded utilizing Coronavlrus State and Local Fiscal Recovery Funds allocated to
the City pursuant to the American Rescue Plan Act ("ARPA"). Towards that end, the Consultant shall be
required to comply with all laws, rules, regulations, policies, and guidelines {including any subsequent
amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in
the ARPA Addendum.
If compliance with the ARPA Addendum Is required, the City shall select this box: □.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
th e day and year as first slated above.
ATTEST:
CITY:
TH MIAMI FLORIDA, a
'pal Corpo tion
0 "Chr i II lglezsi s, _Cit~ Mana r
Date: -:;_, '2, l.:J _ 2, f -------,t-----r:----~----
APPROVED AS TO FORM AND LEGA L
SUFFICIENCY:
CONSUL TANT:
KIMLEY-HORN ~D ASSOCIATES , INC.
By:
Name: fDn-{e__ :C-fl1 'P. '&.
Title: ~<$1ldt>k.
Date : 1Ji/10zi •
-
1 of l
EXHIBIT "1"
PROJECT PROPOSAL
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
January 8, 2024
Aurelio Carmenates, PE
Capital Improvements Program Project Manager
City of South Miami
6130 Sunset Drive
Miami, Florida 33143
Re: Professional Services Agreement
City of South Miami Drainage Improvements
SW 65th Avenue from SW 50th to SW 52nd Street, South Miami, FL 33155
Dear Mr. Carmenates:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter of
agreement (the “Agreement”) to the City of South Miami (“Client”) for professional consulting services
associated with the above referenced “Project.” All work under this scope will be in accordance with the
terms and conditions of Professional General Engineering and Architectural Services RFW # PW2022-
03. Our project understanding, scope of services, assumptions, schedule, and fees are provided herein.
PROJECT UNDERSTANDING
Kimley-Horn understands that the City of South Miami has experienced localized flooding along SW
65th Avenue from SW 50th to SW 52nd Street during typical rain events. Based on information provided
by the Client, inundation of this local road has occurred to the point at which it reaches the crown of
the road. The existing stormwater infrastructure within the project corridor consists of two
independent systems. One system routes stormwater to a series of exfiltration trenches while the
other outfalls to the adjacent lake located east of the project corridor, this information was obtained
from the Miami-Dade County GIS Open Data Portal. A location map of the proposed project area
affected by flooding is provided below.
Project Location Map
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City of South Miami Drainage Improvements
Letter of Agreement
Page 2
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
The Client seeks to engage Kimley-Horn to provide engineering services for a retrofit design of the
existing stormwater management system, including regulatory assistance through the Miami-Dade
Division of Environmental Resource Management (DERM). The purpose of this project is to alleviate
flooding within the project corridor by improving the existing stormwater management system while
abiding by local regulatory standards.
SCOPE OF SERVICES
Kimley-Horn will provide the services specifically set forth below.
Task 1 – Project Management and Coordination
Project management activities under this task will be design budget and design schedule tracking and
project communications for a period of up to six months. Progress status reports will be prepared and
submitted electronically with a description of the activities completed during each month. Kimley-Horn
will attend one (1) virtual project kick-off meeting with the Client to confirm the City of South Miami’s
goals, establish lines of communication and discuss an overall project work plan, deliverables, and
critical milestones. Kimley-Horn will prepare agendas, meeting minutes and supporting documents
required for the kick-off meeting. This task includes up to two (2) additional meetings to review design
deliverables at the 60% and 100% task.
Sub-Task 1.1 Survey and SUE Coordination
Kimley Horn will retain M.G. Vera & Associates to perform Surveying and Subsurface Utility Engineering
(SUE) services for the project, see Exhibit A. Kimley-Horn will perform the following services as part
of this task:
• Meet with the surveyor to review the project area and requirements.
• Schedule surveying efforts in coordination with the surveyor and Client.
• Review the survey for general completeness in accordance with the attached scope.
• Prepare exhibit of any requested SUE investigations.
• Review SUE report for completeness in accordance with the attached scope.
Sub-Task 1.2 Geotechnical Engineering Coordination
Kimley-Horn will retain Universal Engineering Sciences to preform geotechnical engineering services
for the project, see Exhibit B. Kimley-Horn will perform the following services as part of this task:
• Prepare an exhibit for the geotechnical engineer to delineate the extent of the project area and
testing locations.
• Meet with the geotechnical engineer to review the project requirements.
• Schedule geotechnical efforts in coordination with the geotechnical engineer and Client.
• Review the geotechnical report for general completeness in accordance with attached scope.
Deliverables:
• Project kick-off meeting agenda and meeting minutes in electronic (.pdf) format.
• Six (6) month progress status reports in electronic (.pdf) format.
• Electronic (.pdf) signed and sealed topographic survey and SUE report.
• Electronic (.pdf) signed and sealed geotechnical report.
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City of South Miami Drainage Improvements
Letter of Agreement
Page 3
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
Task 2 – Utility Coordination
Kimley-Horn will perform utility coordination, and review site specific information for the project area.
During this task Kimley-Horn will perform the following services:
a) Conduct one (1) field visit to observe readily visible field conditions.
a. Documenting locations of utility and drainage structures within the limits of right-
of-way and to the extent easily visible on the surface.
b. Identify areas of repeated and frequent flooding based on information provided by
the Client.
b) Contact Sunshine 811 to obtain utility owner information.
c) Prepare utility as-built request letters for each utility owner and exhibit of project area.
d) Coordinate with utility owners for as-built information.
a. If utility owners do not respond after following up one time or within a reasonable
time frame, additional information may be required from client to proceed with
design.
e) Search for readily available stormwater permits and application records for the project area
and immediate surrounding from agencies such as the South Florida Water Management
District (SFWMD) and Miami-Dade County DERM.
f) Review existing permit information.
Kimley-Horn will rely on information provided by the City of South Miami to complete a review of existing
site conditions. Information to be provided by the Client includes, but is not limited to, existing permits,
as-builts, and utility information.
Task 3: 60% Design Documents
Kimley-Horn will prepare a 60% design and layout of the proposed drainage improvement along with
locations of identified utility conflicts. Kimley-Horn will also prepare a technical drainage memorandum
with supporting information for the drainage design, including stormwater calculations and modeling.
The following list of sheets are anticipated for this submittal:
• Cover Sheet
• General Notes
• Site Plan
• Drainage Structure Details
• Typical Drainage Details
It is assumed that no significant changes to the design scope will be made after this submittal and that
the subsequent tasks are focused on refining the details of the project scope and preparing construction
level documents while incorporating minor corrections.
Deliverables:
• Technical Drainage Memorandum in electronic (.pdf) format.
• 60% Design Drawings in electronic (.pdf) format.
Task 4: Construction Documents
Upon receipt of comments from the Client on the 60% design, Kimley-Horn will prepare construction
level documents. In addition, Kimley-Horn will prepare an opinion of probable cost to be submitted to
the Client based on the construction documents submittal.
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City of South Miami Drainage Improvements
Letter of Agreement
Page 4
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
The following list of sheets are anticipated for this and all further submittals:
• Cover Sheet
• General Notes
• Erosion Control Notes and Details
• Stormwater Pollution Prevention Plan
• Site Plan
• Drainage Structure Details
• Typical Drainage Details
Deliverables:
• Final Technical Drainage Memorandum in electronic (.pdf) format.
• 100% Design Drawings in electronic (.pdf) format.
• Engineer’s Opinion of Probable Cost.
Task 5- Regulatory Assistance
Kimley-Horn will coordinate and prepare permitting application and supporting documentation for
submittal to the Miami-Dade County DERM Water Control Section. It is anticipated the proposed
improvements will require a Class II permit for construction of a stormwater management system
discharging to a surface water body.
Kimley-Horn will obtain applicable signatures from the City of South Miami. Permit fees shall be paid
by the Client or by Kimley-Horn and reimbursed by the Client. Kimley-Horn will respond to one round
of reasonable, consolidated comments and attend one meeting with DERM. Should additionally rounds
of comments, meetings or submittal to other agencies be required it can be provided as an additional
service.
Deliverables:
• DERM Class II Permit Application
• Response to one request for additional information.
Task 6 – Bidding Assistance
Kimley-Horn will assist during the Bid and Award Phase of the project by providing the following
services to the Client:
• Attend one (1) pre-bid conference after project bid is advertised by the Client.
• Prepare up to three (3) bid addendums in response to bidders’ request for information
(“RFIs”) related to the design.
Should a bid evaluation or additional meetings be required it can be provided as an additional service.
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City of South Miami Drainage Improvements
Letter of Agreement
Page 5
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
Task 7 – Post Design Services
The post design services described below are based on a four-month construction schedule. If the
construction duration exceeds four months, this scope of services will need to be revised accordingly and
any subsequent work shall be done as additional services. The work anticipated is:
Shop Drawings Review: Review, approve or take other appropriate action in respect to Shop Drawings
which the Contractor is required to submit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents. Kimley-Horn reserves the right to ask the Contractor to
revise and/or condense these submittals. Such review and approvals or other action will not extend to
accuracy or completeness of details or construction means or methods. Kimley-Horn is not responsible
for any deviations from the Contract Documents not brought to Kimley-Horn’s attention in writing by the
Contractor. Kimley-Horn assumes up to three rounds of shop drawing review.
Field Visits: Kimley-Horn will perform up to two field visits. Such visits and observations by Kimley-
Horn are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress.
Observations are to be limited to spot checking, selective measurement, and similar methods of general
observation of the Work based on Kimley-Horn’s exercise of professional judgment. The purpose of
Kimley-Horn’s visits to the site will be to enable Kimley-Horn to better carry out the duties and
responsibilities assigned in this Agreement to Kimley-Horn during the post-design phase by Client.
Kimley-Horn shall not, during such visits or as a result of such observations of Contractor's work in
progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority
over or responsibility for the means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction selected by Contractor, for safety precautions and programs
incident to the Contractor's work, nor for any failure of Contractor to comply with laws and regulations
applicable to the Contractor's furnishing and performing the work. Accordingly, Kimley-Horn neither
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform its work in accordance with the Contract Documents.
Meetings: Kimley-Horn will attend one pre-construction meeting prior to commencement of
construction. Any additional meetings can be provided as an additional service.
Substantial Completion: After notice from the Contractor that the work completed is ready for its
intended use, Kimley-Horn in company with the Client and Contractor will conduct a site visit to
determine if the work is substantially completed. Work will be considered substantially complete
following satisfactory completion of all items except for those identified on a final punch list. If after
considering any objections of the Client, Kimley-Horn considers the work substantially complete,
Kimley-Horn will notify the Client and Contractor.
Final Notice of Acceptability of the Work: Conduct a final site visit to determine if the completed work
of the Contractor is generally in accordance with the Contract Documents and the final punch list.
Kimley-Horn will also provide a notice that the work is generally in accordance with the contract
documents to the best of Kimley-Horn’s knowledge, information, and belief and based on the extent of
the services provided by Kimley-Horn under this Agreement and based upon information provided to
Kimley-Horn upon which it is entitled to rely.
Limitation of Responsibilities: Kimley-horn shall not be responsible for the acts, means, methods,
techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices or
omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or
entity performing or furnishing the Work. Kimley-horn shall not have the authority or responsibility to
stop the work of any Contractor.
9
City of South Miami Drainage Improvements
Letter of Agreement
Page 6
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
SERVICES NOT INCLUDED
Any other services, including but not limited to the following, are not included in this Agreement:
• Environmental Engineering Services
• Subsurface Utility Engineering (SUE)
• Utility Adjustment Plans
• Specifications Package
• Quantities
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include, but are not
limited to, the following:
• Additional site visits.
• Additional meetings.
• Submittal to additional regulatory agencies.
I NFORMATION PROVIDED BY CLIENT
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all available information
provided by the Client or the Client’s representatives. The Client shall provide all information requested
by Consultant during the project, including but not limited to the following:
• As-Built Plans
• Historical Design/Permitting Documentation
RESPONSIBILITIES OF CLIENT
In addition to other responsibilities set out in this Agreement, the Client shall:
• Assign a primary contact for Kimley-Horn.
• Provide information requested by Kimley-Horn needed for the performance of these services.
• Agency fees are not included under this scope and will be the responsibility of the Client to pay.
• Provide access to the site as required.
• Bid Evaluation
• Bid Meeting
ASSUMPTIONS
• Professional opinions as to the suitability for a specific purpose herein and the probability of
approvals are made on the basis of professional experience and available data. The Consultant
does not guarantee that the outcome of permits and entitlements or suitability will not vary from
its opinions.
• Kimley-Horn’s services are being solely performed on the basis of our professional
experience consistent with standard industry practices and reasonableness.
10
City of South Miami Drainage Improvements
Letter of Agreement
Page 7
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
FEE AND EXPENSES
Kimley-Horn will perform the services in Tasks 1 – 7 for the total lump sum fee below. Individual task
amounts are informational only. All permitting, application, and similar project fees will be paid directly
by the Client.
Kimley-Horn Task and Description Fee Structure Fee
Task 1 – Project Management and Coordination Lump Sum $3,415.00
Task 2 – Utility Coordination Lump Sum $4,405.50
Task 3 – 60% Design Documents Lump Sum $25,396.50
Task 4 – Construction Documents Lump Sum $6,993.00
Task 5 – Regulatory Assistance Lump Sum $4,511.00
Task 6 – Bidding Assistance Lump Sum $1,143.00
Task 7- Post Design Services Lump Sum $2,753.00
Sub-Consultants Fee Structure Fee
Survey (Exhibit A) Lump Sum $6,993.50
Geotechnical Report (Exhibit B) Lump Sum $4,950.00
Total Lump Sum Fee Lump Sum $60,560.50
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley-Horn project number. Reimbursable expenses will be invoiced based upon expenses
incurred. All permitting, application, and similar project fees will be paid directly by the Client.
CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the
City of South Miami.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a
PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice
number and Kimley-Horn project number with all payments. Please provide the following information:
Please email all invoices to ___________________________
Please copy _______________________________________
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons Kimley-Horn with a purchase order and notice to proceed. Consultant will
commence services only after Consultant has received a fully executed agreement. Fees and times
stated in this Agreement are valid for sixty (60) days after the date of this letter.
11
City of South Miami Drainage Improvements
Letter of Agreement
Page 8
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305-673-2025
We appreciate the opportunity to provide these services. Please contact me or Mr. Alejandro Toural
if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Leonte Almonte, PE Alejandro Toural, PE
Associate Project Manager
Leonte Almonte, PE
Associate
12
WORK BREAK DOWN FEE SCHEDULE
PROJECT: South Miami Drainage Improvements SHEET:1 of 1
CLIENT: City of South Miami PROJECT NO.
ESTIMATOR: Alejandro Toural, P.E.DATE:01/08/24
DESCRIPTION: SW 65th Avenue from SW 50th to SW 52nd Street
Sr. Project Project Sr. CADD CADD Sr. Admin Line Task
Principal Manager Manager Engineer Technician Technician Assistant Total Total
Task 1 - Project Management and Coordination
Design Budget and Design Schedule Tracking 3 2 $676.00
Kickoff Meeting 2 3 1 $767.50
Design Review Meetings (2) 4 $460.00
Coordination w/ Subs 3 8 1 $1,511.50
$3,415.00
Task 2 - Utility Coordination
Field Visit 2 4 $798.00
Review Existing Permits 3 $345.00
Utility Coordination (Design Ticket, Correspondence, Exhibits, Follow Up)10 25 $3,262.50
$4,405.50
Task 3 - 60% Design Design
Drainage Design 5 10 40 $7,240.00
CAD Support 5 20 60 $7,595.00
Water Quality Calculations, ICPR Model Setup (Hydrology, Hydraulics)2 40 $4,938.00
Drainage Memorandum 10 30 1 $5,224.50
Utility Conflict Matrix 1 2 $399.00
$25,396.50
Task 4- Construction Documents
Construction Documents 5 15 10 30 $6,080.00
OPC 2 5 $913.00
$6,993.00
Task 5- Regulatory Assistance
Pre-Application Meeting 2 4 $798.00
Permitting Submittal 2 10 2 $1,657.00
RAI (1)2 10 $1,488.00
Meetings (1)2 2 $568.00
$4,511.00
Task 6- Bidding Assistance
Pre-Bid Conference Meeting 1 $115.00
Design Clarification and Coordination (3 RFIs)2 6 $1,028.00
$1,143.00
Task 7- Post-Design Services
Shop Drawing Review 9 $1,035.00
2 Construction Field Visits 6 $690.00
Pre-Construction Meeting 1 2 $399.00
Substantial Completion Field Visit 2 $230.00
Final Field Visit and Certification 1 2 $399.00
$2,753.00
TOTAL HOURS 0 5 52 223 30 90 32
LABOR RATE ($/HOUR) 210.00 190.00 169.00 115.00 97.50 84.50 84.50
SUBTOTAL $0.00 $950.00 $8,788.00 $25,645.00 $2,925.00 $7,605.00 $2,704.00
PAGE TOTAL $48,617.00 $48,617.00
13
14
Kimley >>>Horn
Professional General Engineering & Architectural Services RFQ #PW2022--03
Wage Rates Summary
City of South M ia mi
Job Classification Benchmark Hourly Rate
Principal $180.00
Sr . Project Manager $150.00
Project Manager $130.00
Sen ior Engineer $125.00
Sen ior Planner $125.00
Planner $85 .00
Senior Tr affic Engineer $125.00
Traffic Eng inee r $85 .00
Senior Designer/ Engineer $90.00
Designer $80.00
Engineering Intern $75.00
Senior CADD Tech nician $75 .00
CADD Technician $65 .00
GIS Technician $80.00
Senior Construction Inspector $90.00
Construction Inspector $75.00
Senior Landscape Arch itect $125.00
Landseope Arch itect $115 .00
Landscape Arch itect In tern $70.00
Arborist $75.00
Utility Coordinator $90.00
Surveyor/ Mapper $85.00
Survey Technician $60.00
2-Man Survey Crew $115.00
3-Man Survey Crew $125.00
4-Man Survey Crew $135.00
Sen ior Certified Bridge Inspector/ Diver $125.00
Certified Bridge Inspector/ Diver $90.00
Fi re Protection Engineer $90.00
Plumbing Engineer $90.00
Mechanical Engineer S90.00
Electrical Eng ineer $90.00
Geotechnical Engineer $120.00
Geologist . S90.00
Envi ronmental Scientist $85.00
Se nio r Administrative Ass istant $65.00
Clerical $4 5.00
AK
Kimley-H orn CSM Counter
Proposed Rates Offer
S288.00 $210 .00
$240.00 $190.00
$208 .00 $169.00
$200.00 $160.00
$200.00 $145 .00
$136.00 $105.00
$200 .00 $150.00
$136.00 $110.00
$144.00 $115 .00
$128.00 $104.00
$120.00 $97.50
$120 .00 $97 .50
$104 .00 $8450
$128 .00 $100.00
$144.00 $110.00
$120.00 $97.50
$200.00 $155.00
$184.00 $135 .00
$112.00 591.00
$120.00 $97 .5 0
$144.00 $115.00
$136.00 $110.50
$96.00 $78.00
$184.00 5130.00
$200 .00 $140.00
$216.00 $165.00
$200.00 $150.00
$144.00 $115.00
$144 .00 $117 00
$144.00 $117.00
$144.00 $117.00
$144.00 $117.00
$192.00 $150.00
$144.00 $117.00
S136.00 $105.00
$104.00 $8450
$72.00 $58.50
January 8, 2024
Survey Scope of Service
Alejandro Toural, PE
Kimley-Horn
2 Alhambra Plaza
Suite 500
Coral Gables, FL 33134
Project: SW 65th Ave. from SW 50th St. to SW 52nd St.
Limits: See Attached Sketch
Below is the scope of services for the Design Survey services for the above referenced project. All scope items are
based on Design Survey criteria and are derived from the FDOT Project Activity 27: Survey Staff-Hour spread sheet,
attached hereto. In addition to the specific scope items, all work shall be accomplished in accordance with the criteria
established by the Departments Highway Field Specifications, Survey Handbook (Survey Procedure Topic No. 550-
030-101a) (Chapter 20, sec 23 (3)(a), F.S.),CADD Production Criteria Handbook and must comply with the Standards
of Practices for Land Surveyors Rule 5J-17 F.A.C., Florida Statue 472.027.
Scope of Services
This scope is derived with the intention of gathering sufficient survey data to submit a complete design survey. The
proposed Design Survey Scope of work includes the following tasks:
Survey
Horizontal Control
Horizontal Project Network Control (HPNC) will be established on the Florida State Plane Coordinate System, East
Zone, and North American Datum (NAD) of 1983 / Latest Adjustment.
Vertical Control
Vertical Project Network Control (VPNC), will be established on the NGVD 29 vertical datum.
Survey Baseline and Right of Way Lines
The Historic survey baseline and right of ways will be established and all intersecting side-streets as per recorded
instruments including Department Right of Way Maps, platted and / or dedicated rights of ways, etc. Survey
baselines will be placed in Topo file, PNC sheet and the survey database.
Topographic Survey / DTM (3D)
Topographic and DTM Survey will be performed from right of way to right of way along the project limits as shown on
Exhibit A attached here-to. All above ground features and improvements, break-lines, high and low points will be
located with sufficient density of points in order to create a DTM. All topographic features will be located including:
existing lighting, pavement markings, trees, pedestrian ramps, driveways, visible above ground utilities, sodded and
paved areas, drainage structures, etc. All Topographic / DTM Surveys will follow and meet all applicable standards &
guidelines and delivered in AutoCAD.
Exhibit B: MG Vera - Survey & SUE ServicesExhibit A: MG Vera - Survey & Sue Services
15
Drainage Survey
A Drainage Survey will be performed within the project limits. Survey will identify the type of structure, rim elevation,
pipe invert elevation, pipe materials, direction, size and condition.
Note:
· In cases were structure is full of water and or sediment, MGV will visit said structures a maximum of 2 visits;
if structures is still un-accessible, said structure will be reported to the Project Manager. Structure cleanout
will be performed by City of South Miami Maintenance crews.
Sectional/Grant Survey & Subdivision Locations
Survey consisting of field locations of section corners, 1/4-section corners, and fractional corners as well as block
closures, monument lines, etc., will be performed in order to establish the right of way lines along all intersecting
side-streets.
Work Zone Safety
Work zone survey safety will be provided as required by applicable standards.
Project Network Control Sheet
PNC will be displayed as part of the Topographic Survey Map and include set control points with their horizontal and
vertical values (X, Y & Z), as well as station and off-set for the project corridor
Topographic Survey Map
Master CADD File
· Alignment
· Section and 1/4 Section Lines
· Subdivisions / Property Lines
· Existing Right of Way
· Topography
Sheet Files
· Topographic Survey Cover Sheet
· Topographic Survey Key Sheet
· Topographic Survey Detail Sheet
Fees:
Survey
Topographic/DTM (3D) Survey (Lump Sum): $6,993.50
Please refer to the attached spreadsheet for our staff-hour breakdown and Fee sheet attached here-to.
We look forward to providing our services and please contact me if you have any questions or require additional
information.
Sincerely,
Manuel G. Vera & Associates, Inc.
Mark R. Sowers, PSM
16
ESTIMATE OF WORK EFFORT AND COST - SUBCONSULTANT
Name of Project: City of South Miami SW 64th Ave.Consultant Name: Manuel G. Vera & Assoc., Inc.
County:Miami - Dade county Consultant No.:
FPN: 0 Date: 1/8/2024
FAP No.:N/A Estimator: Manny Vera Jr.
SH Salary Average
By Cost By Rate Per
$190.00 $110.50 $78.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Activity Activity Task
26. Landscape Architecture Plans 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 #DIV/0!
27. Survey (Field & Office Support)15 1 7 7 0 0 0 0 0 0 0 0 0 15 $1,510 $100.63
28. Photogrammetry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 #DIV/0!
29. Mapping 15 2 4 9 0 0 0 0 0 0 0 0 0 15 $1,524 $101.60
30. Terrestrial Mobile LiDAR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 #DIV/0!
35. Geotechnical 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 #DIV/0!
Total Staff Hours 30 3 11 16 0 0 0 0 0 0 0 0 0 30
Total Staff Cost $570.00 $1,215.50 $1,248.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,033.50 $101.12
Check = $3,033.50
SALARY RELATED COSTS:$3,033.50
OVERHEAD: 0%$0.00
OPERATING MARGIN:0%$0.00
Notes:FCCM (Facilities Capital Cost Money):0.00%$0.00
1. This sheet to be used by Subconsultant to calculate its fee.EXPENSES:0.00%$0.00
SUBTOTAL ESTIMATED FEE:$3,033.50
Survey Crew Party of 4 24 4-man crew @ 165.00$ / hour $3,960.00
SUBTOTAL ESTIMATED FEE:$6,993.50
$0.00
GRAND TOTAL ESTIMATED FEE:$6,993.50
Staff Classi-
fication 12
Staff Classi-
fication 9
Staff Classi-
fication 10
Staff Classi-
fication 11Staff Classification Staff Classi-
fication 6
Staff Classi-
fication 7
Staff Classi-
fication 8
Senior
Project
Manager
Surveyor /
Mapper
Survey
Technician
Staff Classi-
fication 4
Staff Classi-
fication 5
Total Staff
Hours From
"SH Summary -
Firm"
MGV_KH City of S. Miami SW 65th Ave 1-8-24_Topographic Survey South Miami Beach Rates
Fee Sheet - Sub Page 1 of 1 1/8/2024 10:57 AM 17
Approx. Survey
Limits
18
Approx. Survey Limits
Mr. Alejandro Toural
Kimley-Horn and Associates
7341 Office Park Place
Melbourne, FL 32940
Phone: 321-430-1138
Email: Alejandro.Toural@kimley-horn.com
Proposal for Geotechnical Exploration
Drainage Improvements - SW 65th Ave
South Miami, FL
Proposal No. 23-9948.00
Opportunity No. 0630.1123.00028
November 29, 2023
Exhibit B: Universal Engineering Services - Geotech
19
Materials Testing
Geotechnical Engineering
Environmental
Building Sciences & Safety
Inspections & Code Compliance
Virtual Design Consulting
November 29, 2023
Mr. Alejandro Toural
Kimley-Horn and Associates
7341 Office Park Place
Melbourne, FL 32940
Phone: 321-430-1138
Email: Alejandro.Toural@kimley-horn.com
Reference: Proposal for Geotechnical Exploration
Drainage Improvements - SW 65th Ave
SW 65th Ave. from SW 50th St. to SW 52nd St., South Miami, FL
Proposal No. 23-9948.00
Opportunity No. 0630.1123.00028
Dear Mr. Toural:
GFA International, Inc. d/b/a Universal Engineering Sciences (UES) appreciates the opportunity to become
a part of your project team. Our team of professionals is dedicated to making this project a success, both on
schedule and within budget. We are proud of our commitment to maintaining the highest levels of customer
service and client satisfaction, and respectfully submit the following for your consideration.
PROJECT INFORMATION
It is UES’s understanding that this project is to consist of drainage improvements at the above-mentioned
address located in South Miami, FL. UES has not been provided plans for the planned construction at this time.
GEOTECHNICAL EXPLORATION
At your request, exploration is to consist of two (2) Standard Penetration Test (SPT) borings within the proposed
construction for this geotechnical study. The borings will be completed with a truck or track-mounted drilling
equipment. The depths are needed to evaluate the nature of the subsurface soils and general subsurface
conditions for the proposed development. The borings will be performed to depths of 10 feet below grade. At
your request, UES will perform two (2) exfiltration tests to depths of 15 feet below the existing grade at the
locations indicated to us. Constant head test procedures suggested by South Florida Water Management District
(SFWMD) will be performed.
Underground utility clearance will be required prior to commencing the drilling. Therefore, UES will contact
“Sunshine One-Call” Service to obtain underground public utility clearance. UES requests to be notified of the
location of any existing private underground utilities and/or structures in the exploratory area prior to the field
work. UES will not be responsible for private and/or public underground utilities and/or structures not identified
to the field crews.
PURPOSE
The purpose of the services on this project is to explore the subsurface soil/rock conditions and provide
recommendations of soil engineering parameters to be used in evaluation of the site for the proposed
construction.
20
Drainage Improvements – SW 65th Ave 11/29/2023
UES Proposal No. 23-9948.00
8050 NW 77th Court Medley, FL 33166, (305) 249-8434 ⚫ 1215 Wallace Drive Delray Beach, FL 33444, (561) 347-0070
www.TeamUES.com
PROPOSED SCOPE OF SERVICES
The geotechnical exploration and report shall include the following at a minimum:
➢ Perform two (2) standard penetration test (SPT) borings to depths of 10 feet below existing
grade. The borings will be completed utilizing a truck or track-mounted drilling equipment. The
SPT borings will be used as an investigative tool.
➢ Perform two (2) exfiltration tests to depths of 15 feet below existing grade. Constant head test
procedures suggested by South Florida Water Management District (SFWMD) will be
performed.
➢ A software-generated and plotted log of each boring will be prepared.
➢ Prepare a site plan showing the approximate test locations.
➢ Summarize the activities on this project in the form of a Geotechnical Report which will include
test procedures used, data collected, evaluation of subsurface soil conditions, and
engineering recommendations for the proposed construction.
➢ Provide recommended site preparation procedures and imported fill requirements.
An estimated LUMP SUM for the scope of services detailed above is $4,950.
Please Note: This estimate is based on the site being accessible to a truck or track-mounted drilling
equipment. If this is not the case, revisions will need to be made to this estimate to accommodate mobile
drilling equipment or heavy equipment to access boring locations. This estimate includes an allocation
of $2,050 for MOT/ROW implementation during drilling operations.
UES will not exceed the fee stated above unless the encountered soils are significantly different than those
anticipated, the site is not accessible to truck-mounted drilling equipment and/or if the report will require additional
hours for engineering analysis due to the encountered soils being significantly different than those anticipated.
The additional services and their cost shall be negotiated.
ADD ALTERNATE # 1 – EXFILTRATION TESTS
If needed, UES can perform exfiltration tests to a depth of 15 feet during the same mobilization of our
geotechnical exploration. If requested, this option can be selected as an add alternate for an additional cost of
$550 per exfiltration test. Constant head test procedures suggested by South Florida Water Management District
(SFWMD) will be performed. The soils permeability / conductivity, K, values will be included as part of the
geotechnical report.
ADD ALTERNATE # 2 – PRIVATE UTILITY LOCATES FOR TEST LOCATIONS
If private utility locates are needed, UES can provide Ground Penetrating Radar (GPR) services to locate utilities
within the vicinity of the proposed exploration locations. Our boring locations will be based on the results of the
GPR and Sunshine One-Call services. If requested, this option can be selected as an add alternate for an
additional LUMP SUM price of $1,200.
21
Drainage Improvements – SW 65th Ave 11/29/2023
UES Proposal No. 23-9948.00
8050 NW 77th Court Medley, FL 33166, (305) 249-8434 ⚫ 1215 Wallace Drive Delray Beach, FL 33444, (561) 347-0070
www.TeamUES.com
CONDITIONS AND QUALIFICATIONS
UES’s terms are C.O.D. (credit cards are accepted) unless a credit application has been approved or credit has
been previously established. If credit is established, the terms will be 2/10/net -30days. The pricing contained
herein is subject to change if this proposal is not authorized within 90 days from the date of this proposal. If more
than 90 days have passed since the date of this proposal, please contact us for an updated proposal. Additional
items not listed in this proposal will be quoted upon request. A digitally signed and sealed .pdf report will be
provided at no charge. Hard copies of reports can be provided upon request, at a unit rate of $75.00 per report.
AUTHORIZATION
All services will be conducted in accordance with this proposal and attached Terms and Conditions. To initiate
services, please complete and return the included Proposal Acceptance Agreement form. The Terms and
Conditions are part of this agreement. The signed proposal acceptance agreement form must be received
by UES via fax or email prior to any work being performed, and an original copy must be received before
completed reports can be distributed.
CLOSING
UES appreciates the opportunity to submit this proposal and looks forward to working with you as a member of
the project team. Please contact the undersigned at 561.347.0070 if you have any questions or comments.
From our team to yours,
UES
Registry No. 4930
Alberto Mercado, P.E. Carlos Mercado, M.S., P.E.
Geotechnical Department Manager Principal Engineer – South Florida Division
Attachments: Exhibit “A” – UES’s Standard Terms & Conditions
Exhibit “B” – Report Distribution Information Request Form
22
Materials Testing
Geotechnical Engineering
Environmental
Building Sciences & Safety
Inspections & Code Compliance
Virtual Design Consulting
Project Name: Drainage Improvements - SW 65th Ave from SW 50th St to SW 52nd St
Project Locations: SW 65th Ave. from SW 50th St. to SW 52nd St., South Miami, FL
APPROVAL & PAYMENT OF CHARGES
I CERTIFY THAT THE CLIENT BILLING INFORMATION LISTED ON PAGE 2 OF THIS DOCUMENT IS ACCURATE
CLIENT BILLING INFORMATION: (if different from page 2 of this document)
Company:
Attention: Title:
Address:
City, State, Zip:
Phone: Fax:
Email:
Permit No.: (please fill in)
PROPERTY OWNER IDENTIFICATION: (If other than above)
Name:
Address:
Telephone: Fax:
PAYMENT METHOD:
Net30 (only if credit has been established) Cash Check Number
Credit Card: Visa Master Card Discover American Express
Credit Card Number CVV Code Exp. Date
Card Holder Name Card Holder Signature
Universal Engineering Sciences (UES) reserves the right to withhold all reports until such time as we receive a signed Proposal Acceptance Agreement or other written authorization
referencing this in its entirety. This AGREEMENT, the proposal and terms and conditions constitute the entire agreement between the client and UES and supersede all prior written or oral
understanding. Please note that pricing is valid for a period of ninety (90) days from proposal date.
The below signed, having full legal authority to bind the Client identified in the foregoing Proposal Agreement, has read the foregoing Proposal Agreement and hereby agrees to all of the
terms and conditions contained in UES’ Standard Terms and Conditions attached hereto as Exhibit “A” which are incorporated herein by reference as a fundamental and material pert of the
Proposal Agreement. The Client agrees and understands that UES’ Standard Terms and Conditions have been established in a large measure to allocate certain risks between Client and
UES and UES will not initiate services without Client’s execution of agreement to the terms of the Proposal Agreement and the Standard Terms and Conditions and other terms and conditions
set forth in this Agreement.
PURSUANT TO FLORIDA STATUTE 558.0035, A DESIGN PROFESSIONAL, AS DEFINED IN FLORIDA STATUTE 558.002, ACTING AS AN INDIVIDUAL
EMPLOYEE OR AGENT OF UNIVERSAL ENGINEERING SCIENCES MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
AUTHORIZED SIGNATURE:
PRINTED NAME & TITLE:
DATE ACCEPTED: (See below for service line acceptance)
SERVICES ACCEPTED: GEO___ Add ALT#1___ (# of EXFILS)___ Add ALT#2___
(Check accepted service line{s}. If none are selected, UES assumes all services have been accepted.)
Scope of Services and Understanding of Project (See attached proposal or as indicated below)
UES Opportunity No.: 0630.1123.00028
Geotechnical Exploration $4,950
Add ALTERNATIVE #1 TBD
Add ALTERNATIVE #2 TBD
23
Drainage Improvements – SW 65th Ave 11/29/2023
UES Proposal No. 23-9948.00
8050 NW 77th Court Medley, FL 33166, (305) 249-8434 ⚫ 1215 Wallace Drive Delray Beach, FL 33444, (561) 347-0070
www.TeamUES.com
Universal Engineering Sciences, LLC
GENERAL CONDITIONS
SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, LLC, and its subsidiaries and affiliated companies (“UES”), is responsible for providing the services
described under the Scope of Services. The term "UES" as used herein includes all of UES’s agents, employees, professional staff, and subcontractors. 1.2 The Client or a duly
authorized representative is responsible for providing UES with a clear understanding of the project nature and scope. The Client shall supply UES with sufficient and adequate
information, including, but not limited to, maps, site plans, reports, surveys, plans and specifications, and designs, to allow UES to properly complete the specified services. The
Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into
the work product. 1.3 The Client acknowledges that UES’s responsibilities in providing the services described under the Scope of Services section is limited to those services
described therein, and the Client hereby assumes any collateral or affiliated duties necessitated by or for those services. Such duties may include, but are not limited t o, reporting
requirements imposed by any third party such as federal, state, or local entities, the provision of any required notices to any third party, or the securing of necessary permits or
permissions from any third parties required for UES’s provision of the services so described, unless otherwise agreed upon by both parties in writing.
SECTION 2: STANDARD OF CARE 2.1 Services performed by UES under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily
exercised by members of UES's profession practicing contemporaneously under similar conditions in the locality of the proje ct. No other warranty, express or implied, is made.
2.2 Execution of this document by UES is not a representation that UES has visited the site, become generally familiar with local conditions under which the work is to be
performed, or correlated personal observations with the requirements of the Scope of Services. It is the Client’s responsibility to provide UES with all information necessary for
UES to provide the services described under the Scope of Services, and the Client assumes all liability for information not provided to UES that may affect the quality or
sufficiency of the services so described.
SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for UES to perform the
work set forth in this Agreement. The Client will notify any possessors of the project site that Client has granted UES free access to the site. UES will take reasonable precautions
to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur, and the correction of such damage is not part of this
Agreement unless so specified in the Scope of Services. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. UES will take
reasonable precautions to avoid known subterranean structures, and the Client waives any claim against UES, and agrees to defend, indemnify, and hold UES harmless from
any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition,
Client agrees to compensate UES for any time spent or expenses incurred by UES in defense of any such claim with compensation to be based upon UES's prevailing fee
schedule and expense reimbursement policy.
SECTION 4: BILLING AND PAYMENT 4.1 UES will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and
expense classifications. 4.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and
one-half percent (1 ½ %) per month, or the maximum rate allowed by law, on past due accounts. 4.3 If UES incurs any expenses to collect overdue billings on invoices, the
sums paid by UES for reasonable attorneys' fees, court costs, UES's time, UES's expenses, and interest will be due and owing by the Client.
SECTION 5: OWNERSHIP AND USE OF DOCUMENTS 5.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents
prepared by UES, as instruments of service, shall remain the property of UES. Neither Client nor any other entity shall change or modify UES’s instruments of service. 5.2 Client
agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any
purpose. 5.3 UES will retain all pertinent records relating to the services performed for a period of five years following submission of the report or completion of the Scope of
Services, during which period the records will be made available to the Client in a reasonable time and manner. 5.4 All reports, boring logs, field data, field notes, laboratory test
data, calculations, estimates, and other documents prepared by UES, are prepared for the sole and exclusive use of Client, and may not be given to any other entity, or used
or relied upon by any other entity, without the express written consent of UES. Client is the only entity to which UES owes a ny duty or duties, in contract or tort, pursuant to or
under this Agreement.
SECTION 6: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 6.1 Client represents that a reasonable effort has been made to inform UES of known or
suspected hazardous materials on or near the project site. 6.2 Under this agreement, the term hazardous materials include hazardous materials, hazardous wastes, hazardous
substances (40 CFR 261.31, 261.32, 261.33), petroleum products, polychlorinated biphenyls, asbestos, and any other material defined by the U.S. EPA as a hazardous material.
6.3 Hazardous materials may exist at a site where there is no reason to believe they are present. The discovery of unanticipated hazardous materials constitutes a changed
condition mandating a renegotiation of the scope of work. The discovery of unanticipated hazardous materials may make it necessary for UES to take immediate measures to
protect health and safety. Client agrees to compensate UES for any equipment decontamination or other costs incident to the d iscovery of unanticipated hazardous materials.
6.4 UES will notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client will make any disclosures required by law to the
appropriate governing agencies. Client will hold UES harmless for all consequences of disclosures made by UES which are required by governing law. In the event the project
site is not owned by Client, Client it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous
materials. 6.5 Notwithstanding any other provision of the Agreement, Client waives any claim against UES, and to the maximum extent permitted by law, agrees to defend,
indemnify, and save UES harmless from any claim, liability, and/or defense costs for injury or loss arising from UES's discovery of unanticipated hazardous materials or suspected
hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for
ultimate disposal of any samples secured by UES which are found to be contaminated.
SECTION 7: RISK ALLOCATION 7.1 Client agrees that UES's liability for any damage on account of any breach of contract, error, omission, or professional negligence will be
limited to a sum not to exceed $50,000 or UES’s fee, whichever is greater. If Client prefers to have higher limits on contractual or professional liability, UES agrees to increase
the limits up to a maximum of $1,000,000.00 upon Client’s written request at the time of accepting UES’s proposal provided that Client agrees to pay an additional consideration
of four percent of the total fee, or $400.00, whichever is greater. If Client prefers a $2,000,000.00 limit on contractual or professional liability, UES agrees to increase the limits
up to a maximum of $2,000,000.00 upon Client’s written request at the time of accepting UES’s proposal provided that Client agrees to pay an additional consideration of four
percent of the total fee, or $800.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge
for additional professional liability insurance. 7.2 Client shall not be liable to UES and UES shall not be liable to Client for any incidental, special, or consequential damages
(including lost profits, loss of use, and lost savings) incurred by either party due to the fault of the other, regardless of the nature of the fault, or whether it was committed by
Client or UES, their employees, agents, or subcontractors; or whether such liability arises in breach of contract or warranty, tort (including negligence), statutory, or any other
cause of action. 7.3 As used in this Agreement, the terms “claim” or “claims” mean any claim in contract, tort, or statute alleging negligence, errors, omissions, strict liability,
statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or any other act giving rise to liability.
SECTION 8: INSURANCE 8.1 UES represents it and its agents, staff and consultants employed by UES, is and are protected by worker's compensation insurance and that
UES has such coverage under public liability and property damage insurance policies which UES deems to be adequate. Certificates for all such policies of insurance shall be
provided to Client upon request in writing. Within the limits and conditions of such insurance, UES agrees to indemnify and save Client harmless from and against loss, damage,
or liability arising from negligent acts by UES, its agents, staff, and consultants employed by it. UES shall not be responsible for any loss, damage or liability beyond the amounts,
limits, and conditions of such insurance or the limits described in Section 7, whichever is less. The Client agrees to defend, indemnify, and save UES harmless for loss, damage
or liability arising from acts by Client, Client's agents, staff, and others employed by Client. 8.2 Under no circumstances will UES indemnify Client from or for Client’s own actions,
negligence, or breaches of contract. 8.3 To the extent damages are covered by property insurance, Client and UES waive all rights against each other and against the contractors,
consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance.
24
Drainage Improvements – SW 65th Ave 11/29/2023
UES Proposal No. 23-9948.00
8050 NW 77th Court Medley, FL 33166, (305) 249-8434 ⚫ 1215 Wallace Drive Delray Beach, FL 33444, (561) 347-0070
www.TeamUES.com
SECTION 9: DISPUTE RESOLUTION 9.1 All claims, disputes, and other matters in controversy between UES and Client arising out of or in any way related to this Agreement
will be submitted to mediation or non-binding arbitration, before and as a condition precedent to other remedies provided by law. 9.2 If a dispute arises and that dispute is not
resolved by mediation or non-binding arbitration, then: (a) the claim will be brought in the state or federal courts having jurisdiction where the UES office which provided the
service is located; and (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees,
and other claim related expenses.
SECTION 10: TERMINATION 10.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party
to perform in accordance with the terms hereof, or in the case of a force majeure event such as terrorism, act of wa r, public health or other emergency. Such termination shall
not be effective if such substantial failure or force majeure has been remedied before expiration of the period specified in the written notice. In the event of termination, UES
shall be paid for services performed to the termination notice date plus reasonable termination expenses. 10.2 In the event of termination, or suspension for more than three (3)
months, prior to completion of all reports contemplated by the Agreement, UES may complete such analyses and records as are necessary to complete its files and may also
complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall i nclude all direct costs of UES
in completing such analyses, records, and reports.
SECTION 11: REVIEWS, INSPECTIONS, TESTING, AND OBSERVATIONS 11.1 Plan review, private provider inspections, and building inspections are performed for the
purpose of observing compliance with applicable building codes. Threshold inspections are performed for the purpose of observ ing compliance with an approved threshold
inspection plan. Construction materials testing (“CMT”) is performed to document compliance of certain materials or components with applicable testing standards. UES’s
performance of plan reviews, private provider inspections, building inspections, threshold inspections, or CMT, or UES’s presence on the site of Client’s project while performing
any of the foregoing activities, is not a representation or warranty by UES that Client’s project is free of errors in either design or construction. 11.2 If UES is retained to provide
construction monitoring or observation, UES will report to Client any observed work which, in UES’s opinion, does not conform to the plans and specifications provided to UES.
UES shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of UES, or UES’s site representative,
can be construed as modifying any agreement between Client and others. UES’s performance of construction monitoring or observation is not a representation or warranty by
UES that Client’s project is free of errors in either design or construction. 11.3 Neither the activities of UES pursuant to this Agreement, nor the presence of UES or its
employees, representatives, or subcontractors on the project site, shall be construed to impose upon UES any responsibility f or means or methods of work performance,
superintendence, sequencing of construction, or safety conditions at the project site. Client acknowledges that Client or it s contractor is solely responsible for project jobsite
safety. 11.4 Client is responsible for scheduling all inspections and CMT activities of UES. All testing and inspection services will be performed on a will-call basis. UES will
not be responsible for tests and inspections that are not performed due to Client’s failure to schedule UES’s services on the project, or for any claims or damages arising from
tests and inspections that are not scheduled or performed.
SECTION 12: ENVIRONMENTAL ASSESSMENTS Client acknowledges that an Environmental Site Assessment (“ESA”) is conducted solely to permit UES to render a
professional opinion about the likelihood or extent of regulated contaminants being present on, in, or beneath the site in question at the time services were conducted. No
matter how thorough an ESA study may be, findings derived from the study are limited and UES cannot know or state for a fact that a site is unaffected by reportable quantities
of regulated contaminants as a result of conducting the ESA study. Even if UES states that reportable quantities of regulated contaminants are not present, Client still bears
the risk that such contaminants may be present or may migrate to the site after the ESA study is complete.
SECTION 13: SUBSURFACE EXPLORATIONS 13.1 Client acknowledges that subsurface conditions may vary from those observed at locations where borings, surveys,
samples, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by UES will be based solely on information
available to UES at the time of service. UES is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties’ interpretations or
use of the information developed or provided by UES. 13.2 Subsurface explorations may result in unavoidable cross-contamination of certain subsurface areas, as when a probe
or boring device moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous body not previously contaminated. UES is unable to
eliminate totally cross-contamination risk despite use of due care. Since subsurface explorations may be an essential element of UES’s services indicated herein, Client shall,
to the fullest extent permitted by law, waive any claim against UES, and indemnify, defend, and hold UES harmless from any claim or liability for injury or loss arising from cross-
contamination allegedly caused by UES’s subsurface explorations. In addition, Client agrees to compensate UES for any time spent or expenses incurred by UES in defense of
any such claim with compensation to be based upon UES's prevailing fee schedule and expense reimbursement policy.
SECTION 14: SOLICITATION OF EMPLOYEES Client agrees not to hire UES's employees except through UES. In the event Client hires a UES employee within one year
following any project through which Client had contact with said employee, Client shall pay UES an amount equal to one-half of the employee's annualized salary, as liquidated
damages, without UES waiving other remedies it may have.
SECTION 15: ASSIGNS Neither Client nor UES may delegate, assign, sublet, or transfer its duties or interest in this Agreement without the written consent of the other party.
SECTION 16: GOVERNING LAW AND SURVIVAL 16.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the UES
office performing the services hereunder is located. 16.2 In any of the provisions of this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired and will survive. Limitations of liability and indemnities will survive termination of this agreement for any cause.
SECTION 17: INTEGRATION CLAUSE 17.1 This Agreement represents and contains the entire and only agreement and understanding among the parties with respect to the
subject matter of this Agreement and supersedes any and all prior and contemporaneous oral and written agreements, understandings, representations, inducements, promises,
warranties, and conditions among the parties. No agreement, understanding, representation, inducement, promise, warranty, or condition of any kind with respect to the subject
matter of this Agreement shall be relied upon by the parties unless expressly incorporated herein. 17.2 This Agreement may not be amended or modified except by an agreement
in writing signed by the party against whom the enforcement of any modification or amendment is sought.
SECTION 18: WAIVER OF JURY TRIAL Both Client and UES waive trial by jury in any action arising out of or related to this Agreement.
SECTION 19: INDIVIDUAL LIABILITY PURSUANT TO FLORIDA STAT. 558.0035, AN INDIVIDUAL
EMPLOYEE OR AGENT OF UES MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
UES DOCS No. 1823094 Revised 12/04/2020
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name: Drainage Improvements Along SW 65th Avenue
Between SW 50th Street and SW 52
nd Street
26
1 of 4
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name:
Drainage Improvements Along SW 65th Avenue Between SW 50
th Street and SW 52
nd Street
Subject to the provisions contained in the “Professional Services Agreement for Professional
General Engineering and Architectural Services” (hereinafter referred to as the “Professional Services
Agreement”) between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as “City”) and
KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter referred to as “Consultant”) dated May 3, 2022,
which Professional Services Agreement was competitively procured through Request For Qualifications
(RFQ) No. PW2022-03 in accordance with Section 287.955, Florida Statutes. This Project Agreement is
made effective as of the day of , 2023, and authorizes the Consultant to
provide the services as set forth below:
SECTION 1. SCOPE OF SERVICES
1.1 Consultant shall provide professional general engineering services (the “Services”) for
Drainage Improvements along SW 65th Avenue between SW 50th Street and SW 52nd Street (the “Project”)
in accordance with the terms and conditions of the Agreement and shall complete the tasks that are
identified and described in the Project Proposal attached hereto as Exhibit “1” (the “Proposal”) for the City.
1.2 The City may request changes that would increase, decrease, or otherwise modify the
scope of services outlined under the Proposal attached hereto as Exhibit “1.” Such changes must be
contained in a written change order executed by the parties in accordance with the provisions of the
Agreement, prior to any deviation from the terms of this Project Agreement, including the initiation of any
extra work.
SECTION 2. DELIVERABLES
2.1 As part of the scope of Services and Project schedule, the Consultant shall provide the
City with the Deliverables identified in the Proposal attached hereto as Exhibit “1.”
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Term. This Project Agreement shall commence on the date this instrument is fully
executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6
herein or other applicable provisions of the Agreement. The City Manager, in his sole discretion, may
extend the term of this Project Agreement through written notification to the Consultant. Such extension
shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by
the City Manager.
3.2 Commencement. Services provided by the Consultant under this Project Agreement and
the time frames applicable to this Project shall commence upon the date provided in a written Notice to
Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur
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any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed.
Consultant must receive written notice from the City Manager prior to the beginning the performance of
services.
3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide the
Services for the Project to the City on the Commencement Date, and shall continuously perform the
Services for the Project to the City, without interruption, in accordance with the time frames set forth in the
Proposal attached and incorporated into this Project Agreement as Exhibit “1”. The number of calendar
days from the Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the
Contract Time.
3.4 All limitations of time set forth in this Project Agreement are of the essence.
SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION
4.1 Compensation. Consultant shall be compensated for the provision of the Services for the
Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of
$60,560.50 for the provision of the Services for the Project.
4.2 Reimbursable Expenses. All reimbursable expenses are included in the total
compensation listed in Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
5.1.1.Compensation and Reimbursable Expenses. Consultant shall submit invoices
which are identified by the specific project number on a monthly basis in a timely manner. These
invoices shall identify the nature of the work performed, the phase of work, and the estimated
percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit
“1” and made part of this Project Agreement. Invoices for each phase shall not exceed amounts
allocated to said phase plus reimbursable expenses accrued during each phase. The statement
shall show a summary of fees with accrual of the total and credits for portions paid previously.
5.1.2.Florida Prompt Payment Act. The City shall pay the Contractor in accordance with
the Florida Prompt Payment Act after approval and acceptance of the Services by the City
Manager.
5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for
payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify
the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or
additional documentation request. The Consultant shall provide the City within five (5) working days of the
date of the City’s notice. The City may request additional information, including but not limited to, all
invoices, time records, expense records, accounting records, and payment records of the Consultant. The
City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties
shall endeavor to resolve the dispute in a mutually agreeable fashion.
5.3 Suspension of Payment. In the event that the City becomes credibly informed that any
representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially
inaccurate, or in the event that the Consultant is not in compliance with any term or condition of the
Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise
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due to the Consultant until the inaccuracy, or other breach of Agreement or Project Agreement, and the
cause thereof, is corrected to the City’s reasonable satisfaction.
5.4 [INTENTIONALLY OMITTED]
5.5 Final Payment. Submission to the Consultant’s invoice for final payment and
reimbursement shall constitute the Consultant’s representation to the City that, upon receipt from the City
of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in
connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents
requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans,
or other documents as dictated in the Proposal, Scope of Services, and Deliverables. Acceptance of final
payment shall constitute a waiver of all claims against the City by the Consultant.
SECTION 6. TERMINATION/SUSPENSION
6.1 For Cause. This Project Agreement may be terminated by either party upon five (5)
calendar days written notice to the other should such other party fail substantially to perform in accordance
with its material terms through no fault of the party initiating the termination and fails to cure the failure to
perform within such five (5) day period. In the event that Consultant abandons this Project Agreement or
causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining
to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently
determined by a court by a court of competent jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision
of Section 6.2 shall apply.
6.2 For Convenience. This Project Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the
Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obligation(s). The Consultant shall be compensated for all
Services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of
termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and
reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall
the City make payment of profit to the Consultant for services which have not been performed.
6.3 Assignment upon Termination. Upon termination of this Project Agreement, a copy of all
work product of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City or its authorized
designee, a copy of all work product in its possession, including but not limited to designs, specifications,
drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining
to this Project Agreement. Upon the City’s request, the Consultant shall additionally assign its rights, title
and interest under any subcontractor’s agreements to the City.
6.4 Suspension for Convenience. The City shall have the right at any time to direct the
Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed
by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension
of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as
full compensation for such suspension the Consultant’s reasonable cost, actually incurred and paid, of
demobilization and remobilization.
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Section 7. American Rescue Plan Act Contract Conditions.
7.1 The Consultant acknowledges that the Services authorized under this Project Agreement
may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to
the City pursuant to the American Rescue Plan Act (“ARPA”). Towards that end, the Consultant shall be
required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent
amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in
the ARPA Addendum.
If compliance with the ARPA Addendum is required, the City shall select this box: .
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
the day and year as first stated above.
CITY:
ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a
Florida Municipal Corporation
By:
CITY CLERK Genaro “Chip” Iglesias, City Manager
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
CITY ATTORNEY
CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name:
Title:
Date:
WITNESSES:
Print Name:
Print Name:
31
EXHIBIT “1”
PROJECT PROPOSAL
32
RESOLUTION NO. 2024-1
A RESOLUTION OF THE MAYOR AND CITY 2
COMMISSION OF THE CITY OF SOUTH MIAMI, 3
FLORIDA, APPROVING A PROPOSAL AND PROJECT 4
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, 5
INC., TO PROVIDE DESIGN SERVICES FOR DRAINAGE 6
IMPROVEMENTS ALONG SW 65TH AVENUE BETWEEN 7
SW 50TH STREET AND SW 52ND STREET IN AN AMOUNT 8
NOT TO EXCEED $60,560.50; PROVIDING FOR 9
AUTHORIZATION;PROVIDING FOR 10
IMPLEMENTATION,CORRECTIONS, AND AN 11
EFFECTIVE DATE.12
13
WHEREAS, the City of South Miami (the “City”) is in need of professional design 14
services for the design of drainage improvements along SW 65th Avenue between SW 50th Street 15
and SW 52nd Street (the “Project”) as the area is experiencing localized flooding during rain events 16
due to improper drainage infrastructure; and17
18
WHEREAS, pursuant to Section 287.055, Florida Statutes (also known as the Consultants’ 19
Competitive Negotiation Act) (the “CCNA”), on May 3, 2022, the City adopted Resolution No. 20
056-22-15809, authorizing the City Manager to negotiate and execute a Professional Services 21
Agreement (the “Agreement”) with Kimley-Horn and Associates, Inc. (the “Consultant”), among 22
other firms, for the provision of general engineering services on an as-needed basis; and23
24
WHEREAS, in accordance with the provisions of the Agreement and the CCNA, the 25
Consultant has provided the City with a proposal (the “Proposal”) attached hereto as Exhibit “A,” 26
to provide design services and develop construction plans, as well as post bid and post design 27
services for the Project (the “Services”) in the amount of $60,560.50; and28
29
WHEREAS, the City Commission desires to approve and authorize the City Manager to 30
enter into the Project Agreement attached hereto as Exhibit “B” in an amount not to exceed 31
$60,560.50 based on the Consultant’s Proposal attached hereto as Exhibit “A”; and32
33
WHEREAS, the cost of the Services shall be charged to Capital Improvement Program 34
Fund Account Number 301-1790-519-6450, which has a current balance of $2,044,472.88, or 35
other funding source as determined by the City Manager to be in the best interest of the City; and36
37
WHEREAS,the City Commission finds that this Resolution is in the best interest and 38
welfare of the City. 39
40
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY41
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:42
43
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated 44
herein by this reference.45
46
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Page 2 of 2
Section 2.Approval of Proposal and Project Agreement.The Proposal attached 47
hereto as Exhibit “A” and the Project Agreement attached hereto as Exhibit “B” are hereby 48
approved.49
50
Section 3.Authorization.The City Manager is hereby authorized to execute the 51
Project Agreement with the Consultant, in substantially the form attached hereto as Exhibit “B,” 52
for the provision of the Services for the Project in an amount not to exceed $60,560.50 based on53
the terms of the Proposal attached hereto as Exhibit “A,” subject to the final approval of the City 54
Manager and City Attorney as to form, content, and legal sufficiency. The City Manager is hereby 55
authorized to charge the costs of the Services for the Project to Capital Improvement Program 56
Fund Account Number 301-1790-519-6450, which has a current balance of $2,044,472.88, or 57
other funding source as determined by the City Manager to be in the best interest of the City.58
59
Section 4.Implementation. The City Manager is authorized to take any and all 60
actions necessary to implement the Project Agreement and the purposes of this Resolution. 61
62
Section 5.Corrections. Conforming language or technical scrivener-type corrections 63
may be made by the City Attorney for any conforming amendments to be incorporated into the 64
final resolution for signature.65
66
Section 6.Effective Date. This Resolution shall become effective immediately upon 67
adoption.68
69
PASSED AND ADOPTED this ____ day of _____________, 2024.70
71
ATTEST:APPROVED: 72
73
______________ 74
CITY CLERK MAYOR75
76
READ AND APPROVED AS TO FORM, COMMISSION VOTE:77
LANGUAGE, LEGALITY AND Mayor Javier Fernández:78
EXECUTION THEREOF Vice Mayor Lisa Bonich:79
Commissioner Steve Calle:80
Commissioner Joshua Liebman:81
_______________________________Commissioner Brian Corey:82
WEISS SEROTA HELFMAN COLE 83
& BIERMAN, P.L.84
CITY ATTORNEY85
34