Res No 102-24-16207RESOLUTION NO. 102-24-16207
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 AN ASSESSMENT AND
REPORT OF THE HV AC SYSTEM AND OTHER
PROFESSIONAL SERVICES FOR THE GIBSON-BETHEL
COMMUNITY CENTER IN THE AMOUNT OF $21,590;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 287. 055, Florida Statutes (also known as the Consultants'
Competitive Negotiation Act) (the "CCNA"), on May 3, 2022, the City Commission of the City
of South Miami (the "City") adopted Resolution No. 056-22-15809, authorizing the City Manager
to enter into a continuing professional services agreement (the "Agreement") with Kimley-Hom
and Associates, Inc., ("Consultant") to provide general engineering services on as-needed basis
(the "Services"); and
WHEREAS, the City desires the Services of Consultant for the professional assessment
of the HV AC system at Gibson-Bethel Community Center, including building envelope review,
and examination of accessible pipping in the building for leaking pipes, fittin~, or fixtures
(the "Project"); 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 the Services for the Project in the amount of$21,590; and
WHEREAS, in order to implement the Project, the City Commission desires to approve
and authorize the City Manager to enter into the Project Agreement with the Consultant, in
substantially the form attached hereto as Exhibit "B," to provide the Services for the Project in the
amount of$21,590 based on the Consultant's Proposal attached hereto as Exhibit "A"; and
WHEREAS, the cost of the Project will be funded from Parks & Rec. Capital
Improvement Account No. 301-2000-572-6450, which has a balance of $2,774,142 prior to this
request, or such other funding source(s) 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:
Res . No. 102-24-16207
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval of Proposal and Project Agreement. The Consultant's
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 authori zed 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 the amount of $21 ,590 based on the terms of the
Agreement and the Proposal attached hereto as Ex hibit "A," subject lo 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 Parks & Rec. Capital
Improvement Account No. 301-2000-572-6450, which has a balance of $2,774,142 prior to this
request, or such other fundin g source(s) as determined by the City Manager to be in the best interest
of the City; and.
Section 4. Implementation. The City Manager is authori z ed 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 20th day of August, 2024.
ATTEST:
Cl~~
READ Al-I: PROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION TIIEREOF
' ..
CITY ATTORNEY
M~R
COMMISSION VOTE: 4-0
May or Fernandez:
Vice Mayor Bonich :
Commissioner Calle:
Yea
Absent
Yea
Commissioner Liebman : Yea
Commissioner Corey: Yea
Page 2 of2
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: August 20, 2024
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
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 AN ASSESSMENT AND REPORT OF THE HVAC SYSTEM AND OTHER PROFESSIONAL
SERVICES FOR THE GIBSON-BETHEL COMMUNITY CENTER IN THE AMOUNT OF $21,590; PROVIDING
FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
3/5 (CITY MANAGER-PARKS, RECREATION & CULTURE DEPT.)
Suggested Action:
Attachments:
Memo-HVAC_Assessment (1).docx
49E409102-Resolution Approving Kimley-Horn Project Agreement-Gibson-Bethel HVAC Assessment.DOCX
Exhibit A - Kimley-Horn & Associates, Inc..pdf
49E4113-Project Agreement Kimley-Horn - Gibson-Bethel HVAC Assessment.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:August 20, 2024
SUBJECT:Assessment of HVAC system at the Gibson-Bethel Community Center ($21,590)
RECOMMENDATION:Approve a proposal and project agreement with Kimley-Horn and
Associates, Inc. for $21,590 to provide an assessment and report of the
HVAC system, building envelope, and accessible piping for leaks at the
Gibson-Bethel Community Center.
BACKGROUND:Pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, and as the next
firm in rotation, City staff intends to engage Kimley Horn for professional
consulting services. These services will include an assessment of the HVAC
system, a review of the building envelope, and an examination of accessible
piping for leaks at the Gibson-Bethel Community Center.
The objective of the assessment is to determine if the HVAC system is
contributing to mold growth within the building and to provide
recommendations for mitigating any additional mold growth. Additionally,
the evaluation will include the building envelope, which serves as the
physical barrier between the conditioned (indoor) and unconditioned
(outdoor) environments, as well as an inspection of accessible piping for
any leaks in pipes, fittings, or fixtures.
Upon completion, the consultant will prepare and provide a comprehensive
assessment report.
MOLD MITIGATION
PROGRESS:A detailed mold report was conducted at the Gibson-Bethel Community
Center. The report includes air analysis results from multiple locations
throughout the building, as well as surface samples taken from areas such
as water fountains, bathroom doors, and ceilings. In summary, while most
indoor air samples were normal, the abnormal admin office air sample
combined with surface samples confirming mold growth in several areas
indicates there are likely active mold issues requiring remediation in parts
of the building.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Staff scheduled a mold abatement job that was conducted on Sunday, July
14, 2024. The details of the planned work included:
Spraying of Decon 30 Benefect: This botanical disinfectant was
applied to affected areas to eliminate mold and prevent its
recurrence.
Air Filtration: HEPA 500 and HEPA 700 air filtration units were
used to capture airborne mold spores and improve air quality.
Photocatalytic Hydroxyl Generators with Maximizers: These
devices were deployed to neutralize airborne contaminants and
further reduce mold spores.
Electrostatic Disinfecting: Electrostatic disinfecting was
performed throughout the premises to ensure all surfaces were
thoroughly sanitized.
Sanitizing and Disinfecting: All rooms on the first and second
floors were sanitized and disinfected to create a safe and healthy
environment.
Additionally, staff removed the water fountain in the basketball
gymnasium, replaced the damaged pipe, and installed new drywall in the
affected area.
These measures were taken to temporarily mitigate the mold problem while
we await the HVAC system assessment and subsequent recommendations.
It is believed that the forced air circulation is unbalanced throughout the
community center, which is causing mold to develop in the facility.
VENDOR:Kimley-Horn and Associates, Inc.
EXPENSE:$21,590
FUND ACCOUNT:Parks & Rec. Capital Improvement – account number 301-2000-572-6450,
which has a current balance of $2,774,142.
ATTACHMENT(S):Resolution
Exhibit A - Kimley-Horn and Associates, Inc. Proposal
Exhibit B – Project Agreement
Professional Service Agreement - Resolution #056-22-15809
3
EXHIBIT A
GBCC HVAC SYSTEM ASSESSMENT
KIMLEY-HORN AND ASSOCIATES, INC
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
June 24, 2024
Mr. Quentin Pough, CPRP
Director of Parks, Recreation & Culture
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Professional Services Agreement
Gibson-Bethel Community Center
South Miami, Florida
Dear Quentin:
Kimley-Horn and Associates, Inc., (Kimley-Horn”, or “Consultant”) is pleased to submit this Proposal (the
“Agreement”) to City of South Miami (“the 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 RFQ # PW2022-03.
Our project understanding, scope of services, assumptions, schedule, and fees are provided herein.
Project Understanding
The Gibson-Bethel community center located at 5800 SW 66th street was built in 2002 and has recently
developed mold and moisture issues in several location within the building. Measurements taken as part
of another consultant’s report regarding relative humidity in the building revealed that several areas had
levels ranging from 60% to 74%. An assessment of the HVAC systems will be performed to evaluate if
HVAC equipment may be contributing to the mold growth. If required, provide recommendations to
mitigate the development of mold in the future.
Base Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 110 – Facilities Walkthrough
Upon receipt of the Client provided MEP plans/as-built, Kimley-Horn shall coordinate the following items:
• Kimley-Horn will review the drawings available to become familiar with the property and its
operating characteristics (As applicable)
• Request Site Access from the Client and Facility Personnel
• Schedule the site visit with Facility Personnel
• Conduct the facility walkthrough.
• Record temperature, relative humidity and TVOCs in various locations (up to 10 readings)
• Observe and obtain field pictures of the HVAC design and operations.
• Conduct interview facility maintenance staff regarding any other relevant information required for
the facility survey. It is possible that follow-up discussions may be necessary to corroborate data
following further review. Those will be conducted remotely.
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn
mechanical engineering representative. Facility personnel will be required to escort the representative
throughout the building and provide access and information related to the existing mechanical systems
and general function of the building.
Task 120 – HVAC Assessment and Report
Upon completion of Task 110, Kimley-Horn will prepare a memorandum of findings and provide to the
Client for review.
The objective of the assessment is to evaluate if the HVAC systems may be contributing to the mold
growth within the building and to provide suggestions to mitigate additional contributions to mold growth
in the building. In addition, we will also provide suggestions to further improve air quality.
Recommendations may include:
• Humidity Control strategies
• Control system setpoints or operations changes
• Equipment replacement and/or redesign
• Equipment Maintenance
• Design and installation of 100% outside air unit
• Recommissioning of select equipment and systems
• Rebalance building Ventilation Rates
• Implement demand control ventilation sequence
• Filtration enhancements
• Limited air quality monitoring in occupied spaces.
• UV-C lighting in select areas or equipment
• Air Quality Promotional Systems
In addition to examining the HVAC equipment, Kimley-Horn will also examine a representative sample of
accessible piping in the building for leaking pipes, fittings, or fixtures. Pipes concealed underground,
within walls or above hard ceilings will not be examined.
No design drawings will be provided as part of our scope of work. Kimley Horn may provide engineering
fees of recommendations upon request by City of South Miami.
This task includes up to two (2) – 1-hour virtual meetings with the appropriate facility and Client personnel
to discuss preliminary findings at the completion of the HVAC assessment report and to request additional
information that may be required from the observations and data collection performed above.
The deliverable report will be a singular report.
Task 130 – Building Envelope Review
Kimley -Horn will retain a sub consultant that will provide a review of the existing building documents,
perform a site visit and provide recommendations for remediation of the existing structure.
Upon receipt of the Client provided Architectural plans/as-built, Kimley-Horn shall coordinate for their sub-
consultant following items:
• Kimley-Horn’s consultant will review the drawings available to become familiar with the property
• Request Site Access from the Client and Facility Personnel
• Schedule the site visit with Facility Personnel
• Conduct the facility walkthrough.
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
• Observe and obtain field pictures as required.
• Conduct interview facility maintenance staff regarding any other relevant information required for
the facility survey. It is possible that follow-up discussions may be necessary to corroborate data
following further review. Those will be conducted remotely.
The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn
third-party representative. Facility personnel will be required to escort the representative throughout the
building and provide access and information related to the existing mechanical systems and general
function of the building.
This task includes up to two (2) – 1-hour virtual meetings with the appropriate facility and Client personnel
to discuss preliminary findings at the completion of the envelope assessment report.
The deliverable report will be a singular report.
Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or
the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-
Horn during the project, including but not limited to the following:
• Building architectural and engineering plans in paper or electronic format.
• Any existing as built plans, drawing or electronic files of these.
• Building maintenance logs and expenditures.
• Building Access
Schedule
We will provide our services as expeditiously as practicable with the goal of providing assessment report
up to 3 weeks after site visit.
Fee and Expenses
Kimley-Horn will perform the services in the following task for the total lump sum fee below. All permitting,
application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced
monthly based upon the overall percentage of services performed. Reimbursable expenses will be
invoiced based upon expenses incurred.
Task 110 – Facility walkthrough $4,100
Task 120 – HVAC Assessment and Report $9,970
Task 130 – Building Envelope Assessment $7,520
Total Lump Sum Fee $21,590
In addition to the total lump sum fee and hourly fees, direct reimbursable expenses such as express
delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
of labor fee will be added to each invoice to cover certain other expenses such as telecommunications,
in-house reproduction, postage, supplies, project related computer time, and local mileage. All permitting,
application, and similar project fees will be paid directly by the Client.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley-Horn project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used
in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and
the term "the Client" shall refer to City of South Miami.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, offers its clients the option to
receive electronic invoices. These invoices come via email in an Adobe PDF format. 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 execute two copies of this Agreement in the spaces provided below, retain one copy, and return
the other to us. 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.
To ensure proper set up of your projects so that we can get started, please complete and return with the
signed copy of this Agreement the attached Request for Information. Failure to supply this information
could result in delay in starting work on your project.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Signed: Signed:
Printed Name: Julio A. Collier, PE Printed Name: Albert W. LaPera
Title: Vice President Title: Project Manager
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
City Of South Miami
SIGNED:
PRINTED NAME:
TITLE:
DATE:
Client’s Federal Tax ID:
Client’s Business License No.:
Client’s Street Address:
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kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
WORK BREAK DOWN FEE SCHEDULE
PROJECT: Gibson-Bethel Community Center
DATE: 6/14/24 CLIENT: City of South Miami
Description: HVAC Assessment
Tasks Principal Sr Project
Manager
Project
Manager
Sr Admin
Assistant
Line
Total
Task 110 - Facility Walkthrough 2 22 1 $4,100
Task 120 - HVAC Assessment and Report 8 50 1 $9,970
Task 130 – Building Envelope Assessment 4 40 $7,520
Total Hours 0 14 108 2
Labor rate ($/hour) $210 $190 $169 $85
Subtotal 0 $2,660 $18,252 $170
Page Total $21,590
12
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Gibson-Bethel Community Center HVAC Assessment and Report
1 of 1
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES, INC .
Project Name :
Gibson-Bethel Community Center HVAC Assessment and Report
Subject to the provisions contained in the "Professiona l Services Agreement for Professiona l
General Engineering and Architectural Services" (hereinafter referred to as the "Professional Services
Agreement") between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter refer red to as "City") and
KIMLEY-HORN AND ASSOCIATES, INC . (hereinafter referred to as "Consu ltan t") dated May 3, 2022,
which Professional Services Agreement was competit ively procured through Request For Qualifications
(RFQ) No. PW2022-03 in at)fildance wit h Section 287 .955 , Florida Statutes. This Project Agreement is
made effective as of the ;:} day of A u5us::\ , 2024, and authorizes the Cons ultant to
provide the services as set forth below:
SECTION 1. SCOPE OF SERVICES
1.1 Consultant sha ll provide professional genera l e ng in eering and consulting services (the
"Services") for the Gibson-Bethel Commun ity Center HVAC Assessment and Report (the "Project") in
accordance with the terms and conditio ns of the Ag re ement. As part of the Services for th e Projec t, the
Consultant shall complete th e tasks that are identified and described in the Pr oject Proposal attached hereto
as Exhibit "1" (the "Proposa l") for th e City.
1.2 The City may request changes that wou ld increase, decrease, or otherwise modify the
scope of services outlined under th e Proposal attached hereto as Exhibit "1." Such changes must be
contained in a written change order execut ed by the parties in accordance with the provisions of t he
Agreement, prior to any deviation from the terms of this Project Ag reement, inclu ding th e in itiation of any
extra work.
SECTION 2. DELIVERABLES
2.1 As part of th e scope of Services and Proj ect sch edule, the Consultant sha ll provide the
City wi th the Deliverables identified in the Proposal atta ched 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
exec uted by all parties and sha ll continue in fu ll force and effect until terminated pursuant to Section 6
herein or other appl icable provisions of the Agreement. The C it y Manager, i n hi s so le discretion, may
extend the term of this Project Agreement through written notification to the Consultant. Such exte nsio n
shall not exceed 90 days. No further extensions of this Agreement shall be effective unl ess aut horized by
the City Manager.
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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
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 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 11 1" attached hereto. Consultant shall receive a total lump sum fee of
$21,590 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
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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
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 caus~. 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 Consyltant 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.
SECTION 7. AMERICAN RESCUE PLAN ACT CONTRACT CONDITIONS.
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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.
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Cl~4 -
WITNESSES:
CITY:
CITY OF SOUTH MIAMI, FLORIDA, a
Florida Municipa Corporation
CONSULTANT:
Title: Senior Vice President
Date: 08/14/2024
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EXHIBIT "1"
PROJECT PROPOSAL
Kimley >>> Horn
June 24, 2024
Mr. Quentin Pough, CPRP
Director of Parks, Recreation & Culture
City of South M iam i
6130 Sunset Drive
South Miami, FL 33143
Re : Profess io na l Services Agreement
Gibson-Bethel Community Center
S outh M iami, Flori d a
Dear Quentin:
Kimley-Horn and Associates, Inc ., (Kimley-Horn", or "Consultant") is pleased to submit this Proposal (the
"Agreement") to City of South M iam i ("the 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 RFQ # PW2022-03.
Our project understanding, scope of services, assumptions, schedule, and fees are provided herein .
P roj ect Und ersta nding
The Gibson-Bethel community center located at 5800 SW 66th street was built in 2002 and has recently
developed mold and moisture issues in several location within the building. Measurements taken as part
of another consultant's report regarding relative humidity in the building revealed that several areas had
levels ranging from 60% to 74%. An assessment of the HVAC systems will be performed to evaluate if
HVAC equipment may be contributing to the mold growth. If required, provide recommendations to
mitigate the development of mold in the future.
Ba s e Scop e of Services
Kimley-Horn will provide the services specifically set forth below.
Task 110 -Facilities Walkthrough
Upon receipt of the Client provided MEP plans/as-built, Kimley-Horn shall coordinate the following items:
• Kimley-Horn will review the drawings available to become familiar with the property and its
operating characteristics (As applicable)
• Request Site Access from the Client and Facility Personn el
• Schedule the site visit with Facility Personnel
• Conduct the facility walkthrough.
• Record temperature, relative humidity and TVOCs in various locations (up to 10 readings)
• Observe and obtain field pictures of the HVAC design and operations.
• Conduct interview facility maintenance staff regarding any other relevant information required for
the facility survey. It is possible that follow-up discussions may be necessary to corroborate data
following further review. Those will be conducted remotely.
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The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn
mechanical engineering representative. Facility personnel will be required to escort the representative
throughout the building and provide access and information related to the existing mechanical systems
and general function of the building.
Task 120-HVAC Assessment and Report
Upon completion of Task 110, Kimley-Horn will prepare a memorandum of findings and provide to the
Client for review.
The objective of the assessment is to evaluate if the HVAC systems may b e contributing to the mold
growth within the building and to provide suggestions to mitigate additional contributions to mold growth
in the building. In addition, we will also provide suggestions to further improve air qua lity.
Recommendations may include:
• Humidity Control strategies
• Control system setpoints or operations changes
• Equipment replacement and/or redesign
• Equipment Maintenance
• Design and installation of 100% outside air unit
• Recommissioning of select equipment and systems
• Rebalance building Ventilation Rates
• Implement demand control ventilation sequence
• Filtration enhancements
• Limited air quality monitoring in occupied spaces .
• UV-C lighting in select areas or equipment
• Air Quality Promotional Systems
In addition to examining the HVAC equipment, Kimley-Horn will also examine a representative sample of
accessible piping in the building for leaking pipes, fittings, or fi xtures . Pipes concealed underground,
within walls or above hard ceilings will not be examined .
No design drawings will be provided as part of our scope of work. Kimley Horn may provide engineering
fees of recommendations upon request by City of South Miami.
This task includes up to two (2) -1-hour virtual meetings with the appropriate facility and Client personnel
to discuss preliminary findings at the completion of the HVAC assessment report and to request additional
information that may be required from the observations and data collection performed above.
The deliverable report will be a singular report.
Task 130-Building Envelope Review
Kimley -Horn will retain a sub consultant that will provide a review of the existing building documents,
perform a site visit and provide recommendations for remediation of the ex isting structure.
Upon receipt of the Client provided Architectural plans/as-built, Kimley-Horn shall coordinate for their sub-
consultant following items:
• Kimley-Horn's consultant will review the drawings available to become familiar with the property
• Request Site Access from the Client and Facility Personnel
• Schedule the site visit with Facility Personnel
• Conduct the facility walkthrough .
kimley-horn.com 201 N. Franklin Street, Suite 1400, Tampa, FL 33602 813 621 1460
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• Observe and obtain field pictures as required.
• Conduct interview facility maintenance staff regarding any other relevant information required for
the facility survey. It is possible that follow-up discussions may be necessary to corroborate data
following further review. Those will be conducted remotely.
The facility walkthrough will be conducted during a single site day visit and consist of one (1) Kimley-Horn
third-party representative. Facility personnel will be required to escort the representative throughout the
building and provide access and information related to the existing mechanical systems and general
function of the building.
This task includes up to two (2)-1-hour virtual meetings w ith the appropriate facility and Client personnel
to discuss preliminary findings at the completion of the envelope assessment report .
The deliverable report will be a singular report.
Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or
the Client's consultants or representatives. The Client shall provide all information requested by Kimley-
Horn during the project, including but not limited to the following:
• Building architectural and engineering plans in paper or electronic format.
• Any existing as built plans, drawing or electronic files of these .
• Building maintenance logs and expenditures.
• Building Access
Schedule
We will provide our services as expeditiously as practicable with the goal of providing assessment report
up to 3 weeks after site visit.
Fee and Expenses
Kimley-Horn will perform the services in the following task for the total lump sum fee below. All permitting,
application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced
monthly based upon the overall percentage of services performed. Reimbursable expenses will be
invoiced based upon expenses incurred.
Task 110 -Facility walkthrough
Task 120-HVAC Assessment and Report
Task 130 -Building Envelope Assessment
Total Lump Sum Fee
$4,100
$9,970
$7,520
$21,590
In addition to the total lump sum fee and hourly fees, direct reimbursable expenses such as express
delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage
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Kirnley >>> Horn Page 6
of labor fee will be added to each invoice to cover certain other expenses such as telecommunications,
in-house reproduction, postage, supplies, project related computer time, and local m ileage . All permitting,
application, and similar project fees will be paid directly by the Client.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kim ley-Horn project number.
C losure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used
in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and
the term "the Client" shall refer to City of South Miami .
Kimley-Horn, in an effort to expedite invoices and reduce paper waste , offers its clients the option to
receive electronic invoices. These invoices come via email in an Adobe PDF format. 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 execute two copies of this Agreem ent in the spaces provided below, retain one copy, and return
the other to us. 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 th is
letter.
To ensure proper set up of your projects so that we can get started, pl ease complete and return with the
signed copy of this Agree ment the attach ed Request for Information. Failure to supply this information
could result in delay in starting work on your project.
We appreciate the opportunity to provide these services to you . Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES , INC .
Signed: ~
Printed Name: Julio A. Collier, PE
Signed Qd4~fJ-
Printed Name: ~ Alb' W. LaPera
Title: Vice President Title: Project Manager
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City Of South Miami
SIGNED: ________________ _
PRI NTED NAME: ______________ _
TITLE: __________________ _
DATE: __________________ _
Client's Federal Tax ID: ____________ _
Client's Business License No .: __________ _
Client's Street Address: ____________ _
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WORK BREAK DOWN FEE SCHEDU LE
PROJECT: Gibson-Bethel Community Cente r
CLIENT: City of South Miami DATE : 6/14/24
Description: HVAC Assessment
Tasks Principal Sr Project Project Sr Admin Line
Manager Manager Assistant Total
Task 110 -Facility Walkthrough 2 22 1 $4,100
Task 120 -HVAC Assessment and Report 8 so 1 $9,970
Ta sk 1 30-Bui lding Enve lope Assessment 4 40 $7,520
Total Hours 0 14 108 2
Labor rate ($/hour) $210 $190 $169 $85
Subtotal 0 $2,660 $18,252 $170
Page Total $21,590
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Gibson-Bethel Community Center HVAC Assessment and Report
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name:
Gibson-Bethel Community Center HVAC Assessment and Report
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 , 2024, 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 and consulting services (the
“Services”) for the Gibson-Bethel Community Center HVAC Assessment and Report (the “Project”) in
accordance with the terms and conditions of the Agreement. As part of the Services for the Project, the
Consultant 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.
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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
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 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
$37,296.00 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
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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
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.
SECTION 7. AMERICAN RESCUE PLAN ACT CONTRACT CONDITIONS.
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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:
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