Res No 010-24-16115RESOLUTION NO. 010-24-16115
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A PROPOSAL AND PROJECT
AGREEMENT WITH EXP U.S. SERVICES INC., TO
PROVIDE DESIGN SERVICES FOR DRAINAGE
IMPROVEMENTS ALONG SW 59th PLACE FROM SW 56TB
TERRACE TO CUL-DE-SAC IN AN AMOUNT NOT TO
EXCEED $48,987.20; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") is in need of design services for the
design of drainage improvements along SW 59th Place from SW 56th Terrace to Cul-de-Sac (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 EXP U.S. Services 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 "A,"
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$48,987.20; 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
$48,987.20 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. 010-24-16115
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 "B,"
for the provision of the Services for the Project in an amount not to exceed $48,987.20 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 conforming 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:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS SEROT A HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
MAC:::::X-
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
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Yea
Yea
Yea
Yea
Yea
Agenda Item No:2.
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 EXP U.S. SERVICES INC., TO PROVIDE
DESIGN SERVICES FOR DRAINAGE IMPROVEMENTS ALONG SW 59th PLACE FROM SW 56TH
TERRACE TO CUL-DE-SAC IN AN AMOUNT NOT TO EXCEED $48,987.20; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5
(CITY MANAGER-PUBLIC WORKS ENGINEERING & CONSTRUCTION)
Suggested Action:
Attachments:
Memo-Drainage_59PL_EXP_1-23-24.docx
Resolution Approving Proposal and Project Agreement for Drainage Improvements SW59 Place
Exhibit A - EXP U.S Services Inc Proposal for SW 59 Place_012324.pdf
Exhibit B - Project Agreement for Drainage Improvements Along SW 59th Place - EXP U.S. Services Inc.DOCX
Res No 056-22-15809.pdf
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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 59th Place from SW 56 Ter to Cul-de-Sac
RECOMMENDATION:
Approve the proposal and project work/purchase order with EXP U.S. Services, Inc., to provide
design services for drainage improvements along SW 59th Place from SW 56 Ter to Cul-de-Sac.
BACKGROUND:
The roadway segment along SW 59th Place from SW 56 Ter to Cul-de-Sac is experiencing localized
flooding during rainstorm events due to improper drainage in the area. To address the localized
ponding, EXP U.S. Services, Inc., will design and develop construction plans as well as provide bid
assistance and post design services.
As the next City’s rotation list consultant, EXP U.S. Services, Inc, was requested to provide a
proposal for drainage improvements. On January 23, 2024, EXP U.S. Services, Inc., submitted a
revised proposal for drainage improvements that is comprehensive and cost effective for the
services requested.
FUND &ACCOUNT:
Amount not to exceed $ 48,987.20.Please refer to the consultant contract and fee schedule. The
expenditure shall be charged $48,987.20 to the Capital Improvement Program Fund account
number 301-1790-519-6450 which has a balance of $2,044,472.88 prior to this request.
ATTACHMENTS:
Resolution
Resolution 056-22-15809
Revised Proposal –EXP U.S. Services, Inc.,dated 1/23/2024
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201 Alhambra Circle, Suite 800, Coral Gables, FL 33134 USA
305.631.220 | exp.com
January 23, 2024
Aurelio Carmenates, P.E.
City of South Miami
Capital Improvement Program Project Manager
6130 Sunset Drive
Miami, FL 33143
EXP US Services Inc. proposes to provide the services identified below pursuant to the Professional
Services Agreement provided by the City of South Miami (“City”) for Professional General Engineering
and Architectural Services, dated May 3, 2022.
I. General
There have been documented rain events on SW 59th Place from SW 56 Ter to Cul-de Sac recently
that has created severe flooding for local residents and generated complaints from them. The purpose
of this project is to provide design services for a new french drain system that will mitigate this flooding.
II. Scope of Work
Task 1:
Data Collection (Geotechnical + Survey Services)
Geotechnical Exploration – Subconsultant: Universal Engineering
• Universal Engineering to provide geotechnical engineering services. Please refer to attached
scope of services for a detailed description.
NOT TO EXCEED for the scope of services detailed above is……………………………….……….……. $5,250.00
Topographic Survey – Subconsultant: J. Bonfill and Associates
• J. Bonfill and Associates to provide survey and mapping services. Please refer to attached
scope of services for a detailed description.
All survey work shall be performed to the Minimum Technical Standards set forth by the Florida Board
of Professional Surveyors and Mappers in Chapter 5J-17 of the Florida Administrative Code.
NOT TO EXCEED for the scope of services detailed above is……………………….….…………….....…$6,967.20
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Task 2:
Project Management
This task consists of overall management of the project including contract administration, budget
management, status reports, project scheduling, and coordination with the City and subconsultants.
EXP will attend milestone meetings with the client. EXP will prepare a meeting agenda and will
distribute meeting minutes within three working days of the date of the meeting.
Anticipated meetings are as follows:
• Project Kickoff Meeting
• 60% Design Review Meeting
• Attendance to Council Meetings
• Meetings with DRER (DERM)
LUMP SUM for the scope of services detailed above is………………………………….…….……….……. $950.00
Task 3:
• 60% Submittal – Submit 60% complete construction documents to City including drainage
study report and conceptual design drainage system, calculations, preliminary design of
proposed roadway improvements, and copies of topographical survey and geotechnical report.
• Coordinate and attend meetings with City of South Miami staff and local regulatory agencies
including RER to establish design guidelines and permit submittal requirements.
• After the initial meeting with City staff, the first step will be to gather all available data
concerning the project site and associated design requirements. This task includes conducting
a utility search and identification of existing utilities, existing traffic controls, review roadway
designs standards, etc.
• Contract and coordinate with the Surveyor to obtain survey information required for design.
The survey will obtain all topography and right of way information within the limits of our project.
• Contract and coordinate with a geotechnical test lab to prepare geotechnical report with
recommendations for design and to conduct soil borings and percolation tests, as required for
roadway and drainage design.
• Conduct a pre-design field site visit and inspection of existing roadways. This task includes
reviewing existing survey information and verifying it with existing field conditions.
• Once the survey, geotechnical and utilities information is gathered, the design base maps
(existing conditions) are prepared. The base maps will include all topographical and boundary
information, road centerline and right of ways, easements, and existing utilities. The base map
shall be prepared in AutoCAD format at a scale of 1 inch = 40 feet or as needed.
• Conduct a drainage study of project area. Drainage calculations will be prepared. Drainage
system shall consist of an interconnected exfiltration trench system with no discharge to the
canal or water bodies.
• Preparation of preliminary engineer’s estimate of probable construction cost.
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• Progress meeting with City of South Miami staff to review comments from previous submittal
and discuss project
• Preparation of project title sheet.
• Preparation of general notes sheet.
• Preparation of demolition plan
• Preparation of paving, grading and drainage plan sheets.
• Preparation of roadway pavement marking and signage.
• Preparation of drainage structures section sheets.
• Preparation of miscellaneous details sheets.
LUMP SUM for the scope of services detailed above is………………………………….…….……….……. $15,580.00
Task 4:
• 100% Submittal – will consist of the finalizing construction documents for the project. This
work will include the finalizing construction drawings, updating specifications and construction
cost estimate. Prepare applications and documentation for approval by regulatory agencies.
Services provided during this phase include the following:
• Progress meeting with City and County staff to review comments from previous submittal and
discuss project and permit requirements.
• Prepare and process permits applications and documentation for approval.
• Prepare the Standard Drainage Permit application, report, drainage calculations and
supporting documentation for submittal to the RER for permitting the proposed drainage
system.
• Prepare drawings for submittal to City of South Miami for review and permitting of the roadway
and pavement marking and signage including the following;
• Preparation of summary of quantities sheet.
• Preparation of summary of drainage structures.
• Preparation of signage and marking sheet.
• Preparation of signage and marking quantities sheet.
• Preparation of Stormwater Pollution Prevention Plans.
• Preparation of project specifications.
• Preparation of engineer’s estimate of probable construction cost.
• Prepare the NPDES Notice of Intent application for submittal to the FDEP for notice of
stormwater discharge and approval of the erosion control system.
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• Submit 100% complete construction documents including project drawings, technical
specifications, and copies of approved project drawings, permit applications and approvals.
• Submit copies of 100% complete construction documents and permit applications to City of
South Miami and RER for their review and approval.
• Quality Control
LUMP SUM for the scope of services detailed above is………………………………….…….……….……. $15,660.00
Task 5:
Bid and Award Phase Services – will consist of pre-construction support services including attending
pre-bid meeting, responding to pre-bid request for information, and review of bids.
• Attend pre-bid meeting
• Provide supplemental information and/or clarification of construction documents to prospective
bidders during the bid solicitation process.
• Review bid submittals and attend bid-opening meeting.
LUMP SUM for the scope of services detailed above is …………………………….………………..............$2,190.00
Task 6: Limited Construction Phase Services
This task is to provide Limited Construction Phase Services by the Consultant during construction of
the Project as needed or requested by the City. This scope of services is based on the project being
constructed in 30 calendar days. There are six separate limited construction phase services sub tasks
regarding the Project. The tasks are as follows:
• Meetings
• Periodic Site Visits
• Shop Drawing Review
• Contract Clarification
• Review of Pay Application
• Project Close Out
NOT TO EXCEED for the scope of services detailed above is …………………………………………..........$2,590.00
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III. Subconsultants
`
The below listed subconsultants will assist in the performance of the Work.
Subconsultant Name Specialty or Expertise
Universal Engineering Geotechnical Services
J Bonfill and Associates Surveying Services
IV. Schedule of Work – Time of Performance
The anticipated length of service for Tasks 1-7 shall be 34 weeks commencing after the Notice to
Proceed. Consultant shall submit the Deliverables and perform the Work as depicted in the table
below.
SCHEDULE OF DELIVERABLES
Task or
Activity
ID#
Major Task, Sub-Task, Activity, or Deliverables Duration Delivery
Date
1 Geotechnical Report and Survey 8 weeks NTP + 8 weeks
3 60% Analysis and Design – Plans 12 weeks NTP + 20 weeks
4 100% Submittal - Plans 4 weeks NTP + 24 weeks
5 Bid and Award Phase Services 2 weeks NTP + 26 weeks
6 Limited Construction Phase Services 4 weeks NTP + 30 weeks
Deliverables: At the completion of each task, EXP will provide to the City all files associated
with each deliverable to include drawings files in DWG and PDF formats.
V. Compensation
Consultant shall perform the work detailed in this Proposal for a Total fee of forty eight thousand
nine hundred eighty seven and 20 cents ($48,987.20). The City shall not be liable for any fee, cost,
expense or reimbursable expense or other compensation beyond this amount unless approved in a
supplemental work order.
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SUMMARY OF COMPENSATION
Task or
Activity
ID #
Task Name and/or Activity Description Fee Amount Fee Basis
1 Data Collection (Geotech+Survey) $12,217.20 Not to Exceed
2 Project Management $950.00 Lump Sum
3 60% Analysis and Design $15,580.00 Lump Sum
4 100% Submittal $15,660.00 Lump Sum
5 Bid and Award Phase Services $2,190.00
Lump Sum
6 Limited Construction Phase Services $2,590.00
Subtotal: $36,970.00
Principal’s Fee
Total: $48,987.20
VI. Exclusions from Basic Services
• Environmental engineering and permitting associated with site contamination issues,
including testing of soil and ground water for contamination.
• Design of Street Lighting and Landscaping.
• Design of drainage system with discharge to canal or water body.
• Design of drainage well systems.
• Providing construction observation site visits and inspection services.
• Preparation of “As-built” drawings or easement documents.
• Other professional engineering services as may be requested by you.
VII. Additional Services
Additional services and unforeseen circumstances beyond established scope shall be negotiated in
good faith and at the sole discretion of the City.
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VIII. City Furnished Documents & Data
The following information or documents are to be provided by the City, if available: As-built
information including geotechnical information, control and topographic survey.
IX. Project Manager
Consultant’s Project Manager for this Project will be Rey Abreu, EI
Submitted by: ______________________________________
Jose Santiago P.E.
Municipal Senior Manager
EXP US Services
Reviewed and approval in concept recommended by:
Department Director Procurement Manager
City Manager
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CITY OF SOUTH MIAMI
Consultant Name:
Contract No.:
Project: Date:
Project No.: Description: Work Order No:
Staff Hours Salary Average
Approved Rate Rate:$190.00 Rate:$160.00 Rate:$115.00 Rate:$97.50 Rate: Rate: Rate:By Cost By Rate Per
Man
hours Cost/ Task Man
hours Cost/ Task Man
hours Cost/ Task Man
hours Cost/ Task Man
hours Cost/ Task Man
hours Cost/ Task Man
hours Cost/ Task Task Task Task
1
2 5 $950 5 $950 $190.00
3 4 $760 32 $5,120 64 $7,360 24 $2,340 124 $15,580 $125.65
4 6 $1,140 39 $6,240 72 $8,280 117 $15,660 $133.85
5 Bid and Award Phase Services 2 $380 4 $640 12 $1,170 18 $2,190 $121.67
6 Limited Construction Phase Services 3 $570 4 $640 12 $1,380 19 $2,590 $136.32
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20 79 148 36 283
$3,800.00 $12,640.00 $17,020.00 $3,510.00 $36,970.00 $130.64
7.1%27.9%52.3%12.7%
1 - SUBTOTAL ESTIMATED FEE:multiplier 1.00 $36,970.00
additional Services (Allowance)
Subconsultant: Universal $5,250.00
Estimate of Principal's Fee Subconsultant: J Bonfill $6,767.20
/ hour =-$ Subconsultant:
Principal's Fee -$
2 - SUBTOTAL ESTIMATED FEE:$48,987.20
Notes:
1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee and one is to be used for each Subconsultant
2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden
3. Where applicable the basis for work activity descriptions shall be the FICE/FDOT Standard Scope 3 - SUBTOTAL ESTIMATED FEE:$48,987.20
and Staff Hour Estimation Handbook.
4. Enter the multiplier value in the field after the word "multiplier" Maximum of 2 decimal points.
GRAND TOTAL ESTIMATED FEE:$48,987.20
Total Staff Hours
Task
Data Collection (Subconsultants)
Project Management
60% Submittal
Reimbursables (Allowance)
Other Misc. Fee:Enter Fee Description
Survey Fee (or Survey Crew Fee):
Geotechnical Field/Lab Testing:
Additional Services (Allowance)
Acces Alvarez
Total Staff Cost
Note: Fee for the Principal(s) of the firm are not to be included above as the multiplier is not applicable to their hours. The fee is to be shown below and entered as a separately
100% Submittal
Total % of Work by Position
Yanet Aguila, EI
Total hours
Job Classification
Assigned Staff
SW 59th Place from SW 56 Terrace to Cul de Sac
Drainage Improvement Project
STAFF CLASSIFICATION
Consultant Fee Proposal Worksheet
EXP US Services, Inc.
1/23/2024
Clerical
Rey Abreu, EI Adriana Ferrara, PE
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
EXP U.S. SERVICES, INC.
Project Name: Drainage Improvements Along SW 59th Place from SW 56th Terrace to Cul-De-Sac
1 oft
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
EXP U.S. Services Inc.
Project Name:
Drainage Improvements Along SW 59th Place from SW 56th Terrace to Cul-De-Sac
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'9) between the CITY OF SOUTH MIAMI, FLORIDA {hereinafter referred to as "City') and EXP
U.S. SERVICES INC. (hereinafter referred to as "Consultanr) 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 59 th Place from SW 56 th Terrace to Cul-De-Sac (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 11 111 (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 until the Services are completed in accordance with 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
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Proceed ("Commencement Date") provided to the Consultant by the City. The Consultant shall not Incur
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 11 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 a attached hereto. Consultant shall receive a total lump sum fee of
$48,987.20 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
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Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise
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 utlllzing Coronavirus State and Local Fiscal Recovery Funds allocated to
the City pursuant to the American Rescue Plan Act (11ARPA11
). 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: □.
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IN WITNESS WHEREOF , the parties hereto have ca use d this Project Agreement executed as of
the day and yea r as first stated above.
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Cl~RNEY
W ITNESSES:
Print Name: Bri Gagliardi
Pr~cosSouz,
CITY:
CITY OF SOU MIAMI, FLO
al Corporation
Date: ___ "_C~_h_i\_: \_lg-~_1_,_ia_s_, -C-it_y _M_a_n_a_g __
CONSULTANT:
E X P U.S . SERVICES, IN C., a Del aware profit
co rporati o n
By:______,L.0~~'-----
Name: -=Kc;..:.yl"'-c H~en.,_,_ry1------------
Title : Vice President
Date: 2/12/2024
I of I
j.
EXHIBIT "1"
PROJECT PROPOSAL
January 23, 2024
Aurelio Carmenates, P. E.
City of South Miami
Capital Improvement Program Project Manager
6130 Sunset Drive
Miami, FL 33143
EXP US Services Inc. proposes to provide the services identified below pursuant to the Professional
Services Agreement provided by the City of South Miami ("City") for Professional General Engineering
and Architectural Services, dated May 3, 2022.
I. General
There have been documented rain events on SW 59th Place from SW 56 Ter to Cul-de Sac recently
that has created severe flooding for local residents and generated complaints from them. The purpose
of this project is to provide design services for a new french drain system that will mitigate this flooding.
II. Scope of Work
Task 1:
Data Collection (Geotechnical + Survey Services)
Geotechnical Exploration -Subconsultant: Universal Engineering
• Universal Engineering to provide geotechnical engineering services. Please refer to attached
scope of services for a detailed description.
NOT TO EXCEED for the scope of services detailed above is ...................................................... $5,250.00
Topographic Survey -Subconsultant: J. Bonfill and Associates
• J. Banfill and Associates to provide survey and mapping services. Please refer to attached
scope of services for a detailed description.
All survey work shall be performed to the Minimum Technical Standards set forth by the Florida Board
of Professional Surveyors and Mappers in Chapter SJ-17 of the Florida Administrative Code.
NOT TO EXCEED for the scope of services detailed above is ....................................................... $6,967.20
201 Alhambra Circle, Suite 800, Coral Gables, FL 33134 USA
305.631.220 I exp.com
Task 2:
Project Management
This task consists of overall management of the project including contract administration, budget
management, status reports, project scheduling, and coordination with the City and subconsultants.
EXP will attend milestone meetings with the client. EXP will prepare a meeting agenda and will
distribute meeting minutes within three working days of the date of the meeting.
Anticipated meetings are as follows:
• Project Kickoff Meeting
• 60% Design Review Meeting
• Attendance to Council Meetings
• Meetings with DRER (DERM)
LUMP SUM for the scope of services detailed above is ................................................................ $950.00
Task 3:
• 60% Submittal -Submit 60% complete construction documents to City including drainage
study report and conceptual design drainage system, calculations, preliminary design of
proposed roadway improvements, and copies of topographical survey and geotechnical report.
• Coordinate and attend meetings with City of South Miami staff and local regulatory agencies
including RER to establish design guidelines and permit submittal requirements.
• After the initial meeting with City staff, the first step will be to gather all available data
concerning the project site and associated design requirements. This task includes conducting
a utility search and identification of existing utilities, existing traffic controls, review roadway
designs standards, etc.
• Contract and coordinate with the Surveyor to obtain survey information required for design.
The survey will obtain all topography and right of way information within the limits of our project.
• Contract and coordinate with a geotechnical test lab to prepare geotechnical report with
recommendations for design and to conduct soil borings and percolation tests, as required for
roadway and drainage design.
• Conduct a pre-design field site visit and inspection of existing roadways. This task includes
reviewing existing survey information and verifying it with existing field conditions.
• Once the survey, geotechnical and utilities information is gathered, the design base maps
(existing conditions) are prepared. The base maps will include all topographical and boundary
information, road centerline and right of ways, easements, and existing utilities. The base map
shall be prepared in AutoCAD format at a scale of 1 inch= 40 feet or as needed.
• Conduct a drainage study of project area. Drainage calculations will be prepared. Drainage
system shall consist of an interconnected exfiltration trench system with no discharge to the
canal or water bodies.
• Preparation of preliminary engineer's estimate of probable construction cost.
2
• Progress meeting with City of South Miami staff to review comments from previous submittal
and discuss project
• Preparation of project title sheet.
• Preparation of general notes sheet.
• Preparation of demolition plan
• Preparation of paving, grading and drainage plan sheets.
• Preparation of roadway pavement marking and signage.
• Preparation of drainage structures section sheets.
• Preparation of miscellaneous details sheets.
LUMP SUM for the scope of services detailed above is ................................................................ $15,580.00
Task 4:
• 100% Submittal -will consist of the finalizing construction documents for the project. This
work will include the finalizing construction drawings, updating specifications and construction
cost estimate. Prepare applications and documentation for approval by regulatory agencies.
Services provided during this phase include the following:
• Progress meeting with City and County staff to review comments from previous submittal and
discuss project and permit requirements.
• Prepare and process permits applications and documentation for approval.
• Prepare the Standard Drainage Permit application, report, drainage calculations and
supporting documentation for submittal to the RER for permitting the proposed drainage
system.
• Prepare drawings for submittal to City of South Miami for review and permitting of the roadway
and pavement marking and signage including the following;
• Preparation of summary of quantities sheet.
• Preparation of summary of drainage structures.
• Preparation of signage and marking sheet.
• Preparation of signage and marking quantities sheet.
• Preparation of Stormwater Pollution Prevention Plans.
• Preparation of project specifications.
• Preparation of engineer's estimate of probable construction cost.
• Prepare the NPDES Notice of Intent application for submittal to the FDEP for notice of
stormwater discharge and approval of the erosion control system.
3
• Submit 100% complete construction documents including project drawings, technical
specifications, and copies of approved project drawings, permit applications and approvals.
• Submit copies of 100% complete construction documents and permit applications to City of
South Miami and RER for their review and approval.
• Quality Control
LUMP SUM for the scope of services detailed above is ................................................................ $15,660.00
Task 5:
Bid and Award Phase Services -will consist of pre-construction support services including attending
pre-bid meeting, responding to pre-bid request for information, and review of bids.
• Attend pre-bid meeting
• Provide supplemental information and/or clarification of construction documents to prospective
bidders during the bid solicitation process.
• Review bid submittals and attend bid-opening meeting.
LUMP SUM for the scope of services detailed above is .................................................................. $2, 190.00
Task 6: Limited Construction Phase Services
This task is to provide Limited Construction Phase Services by the Consultant during construction of
the Project as needed or requested by the City. This scope of services is based on the project being
constructed in 30 calendar days. There are six separate limited construction phase services sub tasks
regarding the Project. The tasks are as follows:
• Meetings
• Periodic Site Visits
• Shop Drawing Review
• Contract Clarification
• Review of Pay Application
• Project Close Out
NOT TO EXCEED for the scope of services detailed above is .......................................................... $2,590.00
4
Ill. Subconsultants
The below listed subconsultants will assist in the performance of the Work.
Subconsultant Name Specialty or Expertise
Universal Engineering Geotechnical Services
J Banfill and Associates Surveying Services
IV. Schedule of Work -Time of Performance
The anticipated length of service for Tasks 1-7 shall be 34 weeks commencing after the Notice to
Proceed. Consultant shall submit the Deliverables and perform the Work as depicted in the table
below.
SCHEDULE OF DELIVERABLES
Task or Delivery Activity Major Task, Sub-Task, Activity, or Deliverables Duration
ID# Date
1 Geotechnical Report and Survey 8 weeks NTP+Sweeks
3 60% Analysis and Design -Plans 12 weeks NTP + 20 weeks
4 100% Submittal -Plans 4 weeks NTP + 24 weeks
5 Bid and Award Phase Services 2 weeks NTP + 26 weeks
6 Limited Construction Phase Services 4 weeks NTP + 30 weeks
Deliverables: At the completion of each task, EXP will provide to the City all files associated
with each deliverable to include drawings files in DWG and PDF formats.
V. Compensation
Consultant shall perform the work detailed in this Proposal for a Total fee of forty eight thousand
nine hundred eighty seven and 20 cents ($48,987.20). The City shall not be liable for any fee, cost,
expense or reimbursable expense or other compensation beyond this amount unless approved in a
supplemental work order.
5
SUMMARY OF COMPENSATION
Task or
Activity Task Name and/or Activity Description Fee Amount Fee Basis
ID#
1 Data Collection (Geotech+Survey) $12,217.20 Not to Exceed
2 Project Management $950.00 Lump Sum
3 60% Analysis and Design $15,580.00 Lump Sum
4 100% Submittal $15,660.00 Lump Sum
5 Bid and Award Phase Services $2,190.00 Lump Sum
6 Limited Construction Phase Services $2,590.00
Subtotal: $36,970.00
Principal's Fee
Total: $48,987.20
VI. Exclusions from Basic Services
• Environmental engineering and permitting associated with site contamination issues,
including testing of soil and ground water for contamination.
• Design of Street Lighting and Landscaping.
• Design of drainage system with discharge to canal or water body.
• Design of drainage well systems.
• Providing construction observation site visits and inspection services.
• Preparation of "As-built" drawings or easement documents.
• Other professional engineering services as may be requested by you.
VII. Additional Services
Additional services and unforeseen circumstances beyond established scope shall be negotiated in
good faith and at the sole discretion of the City.
6
VIII. City Furnished Documents & Data
The following information or documents are to be provided by the City, if available: As-built
information including geotechnical information, control and topographic survey.
IX. Project Manager
Consultant's Project Manager for this Project will be Rey Abreu, El
Submitted by:
Jose Santiago P.E.
Municipal Senior Manager
EXP US Services
Reviewed and approval in concept recommended by:
Department Director Procurement Manager
City Manager
7
CITY OF SOUTH MIAMI
Consultanl Ftt Proposal Worksbttl
Project: SW 59th Place from SW 56 Terrace to Cul de Sac
Project No.: Description: Drainage Improvement Project
ST AfF CLASSIFICATION
Job c1assmcatlon
Assigned Staff Rey Abreu, El Adriana Ferrara, PE Yanet Aguila, El Accea Alvarez
Approved Rate Rate: $190.00 Rate: $160.00 Rate: $115.00 Rate: $97.50 Rate:
Task Man Cost/Task Man Cost/Task Man Cost/Task Man Cost/Task Man Cost/Task hours hours hours hours hours
1 Data Collection (Subconsultants)
2 Project Management 5 $950
3 60% Submittal 4 $760 32 $5,120 64 $7,360 24 $2,340
4 100% Submittal 6 $1,140 39 $6,240 72 $8,280
5 Bid and Award Phase Services 2 $380 4 $640 12 $1,170
6 Limited Construction Phase Services 3 $570 4 $640 12 $1,380
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
-~~ -· ----~---
25
26
27
Total Staff Hours 20 79 148 36
Total Staff Cost $3,800.00 $12,640.00 $17,020.00 $3,510.00
Total'kofWorkbyPosltlon 7.1% 27.9% 52.3% 12.7%
Note: Fee for the Principal(s) of the firm are not to be included above as the multiplier is not applicable to their hours. The fee is to be shown below and entered as a separa
Notes:
Estimate of Principal's Fee
Total hours ----/hour $
1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee and one is to be used for each Subconsultant
2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden
3. Where applicable the basis for work activity descriptions shall be the FICE/FDOT Standard Scope
and Staff Hour Estimation Handbook.
4. Enter the multiplier value in the field after the word "multiplier" Maximum of 2 decimal points.
Rate:
Man
hours
Consultant Name: EXP US Services, Inc.
Contract No.:
Date: 1/23/2024
Work Order No·
clertca1
Rate:
Cost/Task Man Cost/Task hours
-·-
Staff Houn;
By
Task
5
124
117
18
19
283
Salary
Cost By
Task
$950
$15,580
$15,660
$2,190
$2,590
$36,970.00
1 • SUBTOTAL ESTIMATED FEE:
additional Services (Alie
Subconsultant: Universi
multiplier 1.00
Subconsultant: J Bonfill
Subconsultant:
Principal's Fee
2 • SUBTOTAL ESTIMATED FEE:
Geotechnical Field/Lab Testing:
Survey Fee (or Survey Crew Fee):
Other Misc. Fee: Enter Fee Description
3-SUBTOTAL ESTIMATED FEE:
Additional Services (Allowance)
Reimbursables (Allowance)
GRAND TOTAL ESTIMATED FEE:
$
Average
Rate Per
Task
$190.00
$125.65
$133.85
$121.67
$136.32
. ~ ----
$130.64
$36,970.00
$5,250.00.
$6,767.20
$48,987.20
$48,987.20
$48,987.20
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
EXP U.S. SERVICES, INC.
Project Name: Drainage Improvements Along SW 59th Place from SW 56th Terrace to Cul-De-Sac
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
EXP U.S. Services Inc.
Project Name:
Drainage Improvements Along SW 59th Place from SW 56th Terrace to Cul-De-Sac
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 EXP
U.S. SERVICES 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 59th Place from SW 56th Terrace to Cul-De-Sac (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 until the Services are completed in accordance with 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
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Proceed (“Commencement Date”) provided to the Consultant by the City. The Consultant shall not incur
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
$48,987.20 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
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Agreement or this Project Agreement, the City may withhold payment of sums then or in the future otherwise
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: .
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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:
EXP U.S. SERVICES, INC., a Delaware profit
corporation
By:
Name:
Title:
Date:
WITNESSES:
Print Name:
Print Name:
18
EXHIBIT “1”
PROJECT PROPOSAL
19
20
RESOLUTION NO.: 056-22-15809
A Resolution authorizing the City Manager negotiate and execute a Professional Service
Agreement provided under Florida Statute 287.055 Consultant's Competitive
Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec
Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and
Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis.
WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering
and architectural services on an as needed basis and on a rotation basis ; and
WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation
Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide
various professional and general engineering and architectural services, on a rotational and as needed
basis; and
WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is
recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of
the process required by the CCNA; and
WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and
Stantec Consulting Services Inc., at 2.33; and
WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending
six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service
agreement; and
WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and
execute the professional service agreements.
WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years
and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year
renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5)
consecutive years. The expenditures related this contract will be charged to the Capital Improvements
Program Accounts on an as needed basis.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is hereby authorized to negotiate and execute a non-exclusive multi-
year contract with the firms selected for professional surveying, studies, engineering, and architectural
services for construction projects in accordance with Section 287 .055, "Consultants Competitive
Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years
and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of
Page 1 of 2
21
Res. No. 056-22-15809
a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds
that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures
rela t ed these contracts will be charged to the Capital Improvements Program Accounts.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the final resolution
for signature.
Section 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any
reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect
the validity of the remaining portions of this resolution.
Section 5: Effective Date: This resolution shal l become effective immediately upon adoption.
PASSED AND ADOPTED this 3rd day of May, 2022.
READ AND APPROV ED AS TO FORM,
LANGUAGE, LEGALITY, AND EXECUTION
Page 2 of 2
APPROVED:
COMMISSION VOTE:
Mayor Philips:
5-0
Yea
Commissioner Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman : Yea
Commiss i oner Corey: Yea