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06-16-09 Item 9South Miami krAnd Oftedca CAD 1 1 CITY OF SOUTH MIAMI INCORPORATED OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Jose Olivo, P.E. Public Works & Engineering Department 9 Date: June 16, 2009 Agenda Item No.: Subject: Approval of Professional Service Work Order. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO S.W. 80TH ST. AND S.W. 74TH TER., FROM S.W. 59TH AVE. TO SW 58th AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH ACCOUNT NUMBERS 106 -1727- 536 -3450 AND 124 - 1730 - 541 -3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to approve professional service work order for Citywide Drainage Improvements Phase VI Project for Design, Bid and Construction Phase Services. Reason/Need: The project improvement consists of providing much needed drainage along S.W. 59th Ave. from S.W. 74th St. to S.W. 801h St. and S.W. 74th Ter. from S.W. 59th Ave. to S.W. 58th Ave. Therefore, as one of the City's General Engineering Services consultants, KHA has submitted the attached proposal for the Design, Bid and Construction Phase Services for the project. KHA's services will include: Design Phase: preparation of detailed construction drawings, construction cost estimates, bid documents and permitting; Bid Phase:- Assistance during bid phase, review bids and issue recommendation of award; Construction Phase: construction engineering inspections; review of all shop drawings; responding to all Request for Information (RFI); review of "As- built" drawings; reviewing of contractor's application for payment; review and processing of all Work Order' Directives to the contractor; performing construction close -out services; and to issue Certificate of Completion. Cost: $84,970.00 Agenda Item No.: KHA Agreement for Citywide Drainage Imp. Ph. VI June 16, 2009 Funding Source: $84,970.00 will be funded as follows: • $42,485.00 from FDEP Grant Fund w /account no. 106- 1727 -536- 3450 w /current account balance of $157,464.00. • $42,485.00 from Peoples Transportation Plan w /account no. 124- 1730- 541 -3450 w /current account balance of $384,138.25 Backup Documentation: ❑ Proposed Resolution ❑ KHA's Work Order (Proposal) for Professional Engineering Services ❑ KHA's Professional General Engineering Service Agreement ❑ Location Map Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO S.W. 80TH ST. AND S.W. 74TH TER., FROM S.W. 59TH AVE. TO SW 58th AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH ACCOUNT NUMBERS 106 - 1727 - 536 -3450 AND 124- 1730 - 541 -3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along S.W. 591h Ave. from S.W. 74th St. to S.W. 801h St. and S.W. 74th Ter. from S.W. 59th Ave. to S.W. 58th Ave.; and WHEREAS, the Mayor and City Commission authorize the City Manager to secure the services of KHA for professional engineering services for the design, bid and construction phase services for the Citywide Drainage, Improvements Phase VI project (S.W. 591h Ave. from S.W. 74th St. to S.W. 801h St. and S.W. 74th Ter. from S.W. 59th Ave. to S.W. 58th Ave.); and WHEREAS, the total cost of the professional services will be $84,970.00 funded through the Florida Department of Environmental Protection (FDEP) Grant and Peoples Transportation Plan with account numbers 106 - 1727 - 536 -3450 and 124 - 1730 - 541 -3450, respectively. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional service work order with KHA in an amount of $84,970.00 for design, bid and construction phase services for the Citywide Drainage Improvements Phase VI project. Section 2: The total cost of the professional services will be $84,970.00 funded through as follows: • $42,485.00 from FDEP Grant Fund w /acct no. 106 - 1727 - 536 -3450 w /current balance of $157,464.00. • $42,485.00 from Peoples Transportation Plan w /acct. no. 124 - 1730 - 541 -3450 w /current balance of $384,132.25 Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 2009. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: CI®"Kirnt -Horn and Associates, Inc. May 11, 2009 Suite 400 1691 Michigan Avenue Miami Beach, Florida Mr. Jose H. Olivo Jr. PE, Director 33139 City of South Miami Department of Public Works 4795 SW 75 Avenue South Miami, Florida 33155 Re: Citywide Drainage Improvements- Phase 6 City of South Miami Dear Mr. Olivo: Kimley -Horn and Associates, Inc., (hereinafter referred to as "Consultant" or "KHA ") is pleased to submit this letter agreement to The City of South Miami - (hereinafter referred to as "City" or the "Client ") for professional consulting services relating to the project known as "Citywide Drainage Improvements — Phase 6 ", as described on page 4 of the City of South Miami Five -Year Capital Improvements Plan for fiscal years 2008/09 — 2012/13. Except as specified below, the terms of this agreement shall be in accordance with the "Professional Service Agreement — General Engineering Services" (the "Agreement ") between the City of South Miami and Kimley -Horn and Associates, Inc., as approved by the City Commission on March 17, 2009. PROJECT UNDERSTANDING 1) As understood, this work order shall consist of providing professional civil engineering services related to the preparation of construction drawings and technical specifications for proposed storm drainage improvements and right -of -way enhancements within the following existing City roadways: ❑ SW 59`h Avenue from SW 74`h Street to SW 80`h Street (2,100 LF + / -) ❑ SW 74`h Terrace from SW 59`h Avenue to SW 58`h Avenue (600 LF + / -) 2) The project limits are defined as the areas lying within the boundary established by the legal rights -of -way of the above roadways, including adjacent radii of return. The project limits will terminate at the north edge of pavement of SW 801h Street, south edge of pavement of SW 74`h Street, and west edge of pavement of SW 58`h Avenue. ■ TEL 305.673.2025 FAX 305.673.4862 L7=Fl Kimley -Horn _.._.__. and Associates, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 2 of 10 3) Proposed storm drainage improvements shall be limited to providing new drainage inlets and manholes (structures), exfiltration trench, drainage piping, grass swales, and interconnections with existing drainage structures within the project limits in order to collect, pre -treat and retain the anticipated runoff from a design storm event of 10 -year frequency and 24- hour duration, or as directed by the Miami -Dade County Department of Environmental Resources Management (DERM). 4) This scope of services excludes analysis and design of storm drainage improvements to prevent flooding of existing buildings from storm events of higher intensities. 5) This scope of services excludes analysis of storm runoff from contributing areas located outside the project limits described in item 2 above. 6) Proposed right -of -way enhancements shall be limited to milling and resurfacing or overlay of existing. asphalt roadways, new traffic pavement markings and sidewalk repair within the project limits. 7) Roadway reconstruction and reconfiguration of the profile grade line (PGL) are not included in this scope of services. Where localized ponding is identified, either from site observations or the topographic survey, the plans . will provide some proposed spot grading to try to correct these using asphalt pavement overlay. 8) This scope of services excludes pump stations, retention ponds, storm water treatment systems, outfalls, and analysis of areas outside the project limits. 9) The scope of services includes also includes assisting the Client during the regulatory approval process, preparation of technical specifications and project manual, assistance during the bidding and award of the construction contract, construction phase services and project close -out services for the above - referenced improvements. ASSUMPTIONS 1) There are no environmentally sensitive areas within the project limits. 2) Traffic engineering services will not be required as part of this project. 3) Roadway design and reconstruction will not be required. 4) Existing pavement markings and traffic signs disturbed during construction will be replaced to match existing. No pavement marking or signage improvements are included in this scope of services. 5) Design or modification of traffic signals is not required for this project. 6) This project will be designed, permitted and constructed in a single phase. 7) The contractor will be responsible for preparing plans for staging areas and traffic control during construction. 8) Preparation of erosion control. plans and permit applications for storm water discharge associated with small construction activity, as defined at 40 CFR 122.26(b)(15) and regulated pursuant to Section 402(p)(6) of the Clean Water Act, will be the contractor's responsibility. 9) Any site or infrastructure construction will be performed "in the wet" and dewatering plans will not be required. 10) Sidewalk modifications to meet current ADA code will not be required. C Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 3 of 10 SCOPE OF SERVICES Task 1.0 - 30% Construction Drawings: During the 30% Construction Drawings Phase of the project, KHA will provide the following services to the Client: 1.01 Attend one "kick -off' meeting with City of South Miami Public Works Department staff. 1.02 Coordinate with DERM Water Control Section staff to establish design criteria such as required design storm event, water quality and quantity retention volumes, and to identify permits required. .1.03 Visit the site to perform visual reconnaissance and take photographs. 1.04 Contact utility companies and providers identified from the "Sunshine One -Call" listing and request readily available atlases, as- builts and utility records within the project limits. 1.05 Request storm drainage utility atlases /as- builts from City of South Miami. 1.06 Based on existing surface drainage patterns identified from the topographic survey, identify drainage sub -basin areas within the project limits and perform water quality and quantity storm runoff calculations for the required design storm event. 1.07 Prepare 30% construction plans for proposed drainage improvements within the project limits. 30% plans include horizontal layout and alignment of proposed drainage improvements, but excludes vertical information, conflicts resolution and construction details. 1.08 Prepare an Engineer's Preliminary Opinion of Probable Costs (OPC). 1.09 Submit five (5) sets of 30% Construction Drawings and OPC to the City for review and comment. 1.10 Attend one meeting with City staff to discuss review comments of the 30% Construction Drawings. 1.11 Address one round of reasonable review comments from City staff, and revise the plans as deemed necessary by the Engineer. 1.12 Resubmit five (5) sets of updated 30% Construction Drawings and OPC to the City to complete Task 1.0. The set of 30% Construction Drawings will consist of the following sheets: Sheet Name No. Sheets Cover Sheet 1 Key Map 1 General Notes 1 Preliminaa Paying and Drainage Plans 3 Estimated Total Number of Sheets 6 Task 1.0 Deliverables: Five (S) sets full -size 30% Construction Drawings Two (2) copies of Preliminary OPC /0 KimleyHorn and Associates, Inc. Citywide Drainage -Phase 6, May 11, 2009, Page 4 of 10 Task 2.0 -100% Construction Drawings: During the 100% Construction Drawings Phase of the project, KHA will provide the following services to the Client: 2.01 Based on the Client - approved 30% Construction Drawings, KHA will further develop the plans, specifications and other supporting documentation which, in the Consultant's professional opinion, are sufficient in detail to convey the design intent, submit for regulatory reviews, and illustrate the scope of construction of proposed site -civil improvements as generally described in the above "Project Understanding and Assumptions ". 2.02 KHA will prepare a storm water management report for the project, including engineering calculations and exhibits. 2.03 KHA will provide an updated Engineer's OPC. 2.04 KHA will submit five (5) sets of 100% Construction. Drawings and OPC to the City for review and comment. 2.05 KHA will attend one meeting with City staff to discuss review comments of the 100% Construction Drawings. 2.06 KHA will address one round of reasonable review comments from City staff, and revise the plans as deemed necessary by the Engineer. 2.07 KHA will resubmit five (5) sets of updated 100% Construction Drawings and OPC to City to complete Task 2.0. The plan set of estimated sheets for the 100% Construction Drawings may consist of: Sheet Name No. Sheets Cover Sheet 1 Key Map 1 General Notes 1 Paving, Grading and Drainage Plans 3 Paving and Drainage Details 2 Pavement Marking Plans (Intersections) 1 Estimated Total Number of Sheets 9 Task 2.0 Deliverables: Five (S) sets full -size 100% construction documents Two (2) copies of updated OPC Two (2) copies of Storm Water Management Report Task 3.0 — Regulatory Assistance: Based on the Client- approved 100% Construction Drawings, KHA will prepare permit and plan review applications with supporting documentation, forward these to the Client for signature, and subsequently submit these along with checks for the approval fees (to be paid directly by the Client) to the following regulatory agencies for review: ®®Fl KimleyyHorn and Associates, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 5 of 10 � 3.01 Miami -Dade County Department of Environmental Resources Management (DERM) Water Control Section - For review of storm -water management calculations and plans. 3.02 City of South Miami Public Works Department — For review and approval of work within City right -of -way, and issuance of construction permit. After plans are received from the above regulatory agencies, KHA will address one round of reasonable review comments, revise the plans as deemed necessary by the Engineer of Record, and resubmit them for approval. Once plans are approved, KHA will upgrade the permit documents produced in Task 3.0 above to full Contract Documents. Payment of permit fees, plan review fees, connection fees and impact fees are not included in this scope of services. Once plans are submitted for approval to the above regulatory agencies, any comments or revisions to the plans requested by City staff or others will be addressed as an additional service. Task 4.0 - Bid and Award Assistance: During the Bid and Award Phase of the project, KHA will provide the following services to the Client: 4.01 Prepare technical specifications for the project components described in the "Project Understanding and Assumptions". 4.02 Assemble Project Manual (Bid Document) using "front- end" documents provided by the Client in Microsoft Word format. 4.03 Provide bid form with list of pay items and quantities. 4.04 Provide sketch of Project Sign 4.05 Attend pre -bid conference after project bid is advertised by the Client. 4.06 Respond in writing to bidders' request for information (RFIs), not to exceed 10 RFIs. Additional RFls will be responded to as an additional service. 4.07 Attend one Bid Opening meeting. 4.08 Tabulate and evaluate bids received, check references of responsible lowest bidder and make recommendation based on the City's defined criteria. 4.09 Assist in obtaining and reviewing the documents needed to execute the contract between the City and the contractor. Task 5.0 — Construction Phase Services: During the Construction Phase of the project, KHA will provide the following services to the Client: 5.01 Prepare agenda for pre - construction conference. 5.02 Attend one pre - construction conference with Client and Contractor and provide meeting minutes. Lim FJ Kimley-Horn Citywide Drainage -Phase 6, May 11, 2009, Page 6 of 10 ____ and Associates, Inc. 5.03 Review and make recommendations with respect to shop drawing submittals from the Contractor. Shop drawings to be submitted by the contractor and reviewed by KHA will be specified on the Contract Documents. Additional shop drawing submittals not specified by KHA will be reviewed, if requested, as an additional service. Shop drawings will be reviewed for conformance with the Contract Documents. 5.04 Respond in writing to requests for information (RFI) from the Contractor, not to exceed 10 RFIs. Additional RFIs will be responded to as an additional service. 5.05 Visit the site periodically to observe the progress of construction and its conformance with the Contract Documents. KHA will provide field visit reports within 48 hours of having visited the site. It is assumed that the duration of construction will not take longer than three months. During those three months, KHA will visit the site an average of.three (3) times per week, not to exceed a combined total of 39 site visits. Additional site visits, if required, shall be performed as an additional service. 5.06 Review monthly progress payment applications from the Contractor and make recommendations as to the amount and the percent of completion of the project. It is assumed that no more than four (4) monthly progress payment applications will be reviewed. Additional payment applications will be reviewed as an additional service. 5.07 Review reasonable requests for change orders (RCOs) from the Contractor and make recommendations to the Client. It is assumed that no more than ten (10) RCOs will be reviewed. As part of the lump sum fee, KHA will review and provide recommendations pertaining to additional RCOs, but only if these resulted from errors and/or omissions on the part of KHA. Reviews of additional RCOs relating to unforeseen conditions are not included in this scope but may be provided as additional services. 5.08 Visit the site at substantial completion to prepare a punchlist of items that are either incomplete, not in substantial conformance with the contract documents, or require some type of corrective action. 5.09 Visit the site one final time to close out punchlist items. 5.10 Review density test results, as- builts, and other closeout documents specified in the contract documents and submitted by the Contractor. 5.11 Review final Application for Payment from Contractor and submit Certificate of Completion. Task 6.0 — Topographic Route Survey:. Perform Topographic Route Survey of the above referenced roadways. The route survey will include the following: 1) Survey baseline 2) Rights -of -way, centerlines and lot lines 3) Full right -of -way 4) Invert elevations, pipe directions, diameter and materials (if visible) for all underground sanitary and storm sewer structures within the project limits. CI MM M and Associates, Inc. FI Kimd' Horn Citywide Drainage - Phase 6, May 11, 2009, Page 7 of 10 . 5) Grade cross sections every 100 feet or at grade breaks (high and low points. along the road) 6) Radius of return at each end and at side streets 7) Trees by diameter 8) Provide 5 signed /sealed hardcopies and CAD files @ 1:20 scale (5 sheets). Five (5) sets of the survey drawings are to be provided signed and sealed by a Professional Land Surveyor registered in the State of Florida. Electronic AutoCAD drawing (dwg) files of the survey drawings are also to be provided. The Topographic Route Survey scope of services is to be completed by Robayna and Associates, Inc. The sub - consultant's fee proposal is attached in "Exhibit B ". Task 7.0 — Geotechnical Services: Perform four (4) SFWMD Constant -head, Usual .Open Hole Tests within the project limits. Provide the test results in a percolation test report. The Geotechnical Services scope is to be completed by Tierra South Florida. The sub - consultant's fee proposal is attached in "Exhibit B". Task 8.0 - Additional Services Any services not specifically provided for in the above scope will be considered additional services. Additional services we can provide include, but are not limited to, the following: 1. Site planning 2. Environmental engineering 3. Traffic engineering and design 4. Roadway design 5. Design of public infrastructure improvements other than storm water 6. Improvements outside the limits of the project 7. Landscape architecture 8. Design of systems to harvest rainwater for irrigation 9. Plan revisions requested by others after submittal to regulatory agencies 10. Redesign resulting from substantial site layout changes caused by others 11. Revisions to plans due to changes in project scope, budget, and/or concept 12. Services required by additional governmental regulations, which might be put into effect after the date of this agreement 13. Revisions to invoices or additional invoice backup coordination 14. Plans for maintenance of traffic (MOT) during construction 15. Erosion control plans and NPDES permitting 16. Dewatering plans 17. Attendance to meetings, hearings, presentations or coordination in addition to those described in the tasks above 18. Deliverables not specifically outlined in the above tasks 19. Any other service not specifically listed in "Scope of Services" C®®n and Associate KimleyHom s, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 8 of 10 TO BE PROVIDED BY CLIENT The following items are to be provided to KHA by the Client: 1. Permit application fees, lobbyist fees and plan review fees. 2. City of South Miami drainage atlas and /or as- builts SCHEDULE KHA will provide its services in order to meet the schedule mutually agreed to by the Client and the Consultant for the various elements of the project. . FEE AND BILLING The consultant will accomplish the services outlined in Tasks 1.0 through 7.0 of the Scope of Services for the lump sum fee of $84,970.00 and as shown in the table below. Office expenses have been included within the lump sum amount and would include in -house duplicating, facsimile, local mileage, telephone, postage, in -house blueprinting, word processing, and cellular telephone use. For other direct and reimbursable expenses, the City will pay. the Consultant the direct costs as per Section 4.0, "Basis of Compensation ", of the Agreement. Task Description Lump Sum Fee 1.0. 30% Construction Drawings ....................... ............................... $16,000.00 2.0 100% Construction Drawings ....................... ............................... $9,000.00 3.0 Regulatory Assistance ................................... ............................... $1,800.00 4.0 Bid and Award Assistance ............................. ............................... $8,900.00 5.0 Construction Phase Services .. ............................... .....................$30,300.00 6.0 Route Survey ................................................ ............................... $16,200.00 7.0 Geotechnical Services .................... $2,770.00 TOTALS $84,970.00 C] IIIII 111 F1 Kimley -Horn and Associates, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 9 of 10 CLOSURE The terms and conditions of the "Professional Service Agreement — General Engineering Services" (the "Agreement ") between the City of South Miami (Client) and Kimley -Horn and Associates, Inc., (Consultant) as approved by the City Commission on March 17, 2009, shall govern this scope of services. If you concur with the foregoing and wish to direct us to proceed with the aforementioned services, please issue a Notice to Proceed in writing to the consultant referencing this document as Exhibit "A ". Fees and time stated in this agreement are valid for sixty (60) days after the date of issuance by the consultant. I appreciate this opportunity to submit a letter agreement. Please contact Juan Jimenez at (305) 673 -2025 if you have any questions. Very truly yours, E IMLEY -HORN AND ASSOCIATES, INC. Aaron E. Buchler, PE Vice - President /Associate Agreed to this day of , 2009 CITY OF SOUTH MIAMI Approved by: Date: Juan E. Jimenez, P.E. Project Manager /Associate MAMarketing \South Miami, City of\City wide Drainage Phase 6 \Scope.2009- 05- 04.Citywide Drain Pha 6.doc C O X N E •° Y c�v C 1 u W F W 0 F G C G O QD O G a :o O � A � u u op � •E Cdr L R � a � w •H A <i a z z d d R d d e w`vacaw" 0 O 0 O 0 O 0 O 0 O 0 O 0 O o O O O p p 0 0 0 0 0 0 0 O0 O ° v 0 O co 0 O 0 oc 0 eT 0 M 0 N oci 2 l- 1 m 000 M � W FA 69 Vi 69 69 69 e9 fH 69 O O O O O O O O O d h- of O O Vi �D O a- 0 O 0 t— 0— 00 O 0o L 6q N N r- In VI py, V3 Vf 69 fA V) 69 fH Vj fA O O O O. O O O O vi o o°o Cl m v�'i ono o M M R Fo, a ui 0 .= o0 0 M Vi Vi Vi Vi 69 Vi d9 A O O o v1 v o 0 C. CT n+ N O N O O C U Va Va 0 0 0 0 0 0 0 0 4 06 4 N b B O O o= N � Vi fA 0 0 0 0 0 0 0 0 0 O V^ A C� CO C6 e+1 M M 4 oNO O O x u VI L e N� M rn a 0 0 0 0 0 0 0 0 0 d ^ M N M N O O C H 7 � F W U Va va 0 0 0 0 0 0 Q L L„o �� is o o •�M v M o vi 0 N Va Va o o h o 0 0 0 of N - �O n O O � � � �• M b e N Vj V3 o v o ^ o 0 N O O a � � C t ^ 7 ^ t N V lC R W A ^ V O F rA p Y W h o c w E R R U C R L � � F d zbo e u u L 7 Y 3 I = v L A L A d a R y ci �.. of a Q u 7 " ow Ca en w d R G V W c 3 e r u e°1.°+af�UFC7 Y F Y o o O o 0 0 0 �z M 4 vi \C r El110 Fla' im nd Associat d' Horn es, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 10 of 10 Exhibit "B" Sub - consultants Fee Proposals May 11, 2009 Mr. Juan Jimenez, PE Kimley Horn and Associates, Inc. SENT VIA E -MAIL TO Juan.Jimenez@kimley-hom.com Re.: Route Survey Project at the City of South Miami For SW 59 Ave. from SW 80 St. to SW 74 St. and SW 74 St. from SW 59 Ave. to SW 58 Ave. Dear Juan:, As per our discussion today we are hereby modifying our proposal to a lump sum fee for the services included herein: 1- Perform route topographic survey of the above corridor of SW 59 Ave. from the centerline of SW ,80 St. to the North right of way line of SW 74 St., then continue East along SW 74 St. to the East right of way of SW 58 Ave., approximately 2700 LF of road right of way. This survey will include locating all improvements within the right of way of both roads. Trees within the public right of way will be located. 2- All inlet and manholes structures will be located and inverts will be obtained with direction and size of pipes where visible. 3- At intersections locate the intersecting road to the limit of the extended right of way line of the surveyed road. Locate and give station to the intersection point for control purposes. 4- Vertical control will be brought to site from closest monument, and horizontal Controls will be based on adjacent existing plats and established rights of way. 5- In addition to the elevations at the location points, where thru total station readings are obtained, we will obtain shots on the centerline every 100 feet and do cross - sections at the approximate location of the high and low points of the road. These cross - sections will include shots at the centerline, edge of pavement, top of curb if any and back of sidewalk. 6- Prepare survey drawing at scale of i " =20' We propose to dq-t„Ws work for a lump sum fee of Sixteen Thousand Two Hundred dollars ($16,200.00). yours, YNA AND ASSQUATES, INC. PE 5829 NW 158` Sheet, Miami Lakes, Florida 33014 • Tel.:(305) 823 -9316 / Fax:(305) 823 -1569 u TIERRA SOUTH FLORIDA M4.w.l T - f, yu H Suv:u, Revised May 6, 2009 May 1, 2009 TO: Kimley -Horn and Associates, Inc. 1691 Michigan Avenue, Suite 400 Miami Beach, FL 33139 Attention: Mr. Juan Jimenez, P.E. SUBJECT: Borehole Permeability Tests SW 59s' Avenue and SW 74`h Terrace Miami, Florida Tierra South Florida (TSF) Proposal No. 0905 -138 Dear Juan: Tierra South Florida, Inc. (TSF) is pleased to submit this revised proposal for performing Borehole Permeability tests (BHP) at the above reference site. This letter presents our proposed scope of services, anticipated schedule and fees for the geotechnical work. SCOPE OF WORK A total of four (4) Borehole Permeability tests will be performed at locations provided by you. Prior to drilling at the project site, TSF will notify the local utility companies and request that underground utilities be marked. Our experience, however, is that the utility companies will not mark privately owned utilities. Our proposal assumes that private utility lines will be located in the field by others prior to mobilization of the drill rig. TSF will recommend a utility line locating service upon request. Upon completion of the field- testing, a report will be issued which contains percolation test results. SCHEDULE TSF will proceed with the work immediately upon approval. With our present schedule, upon utility clearance, the fieldwork will take one (1) to two (2) days to complete. The results can be submitted within a few days after completion of the field test. For our records, please sign and fax a copy of this proposal to our office. Kimley -Horn and Associates, Inc. 2 Proposal No. 0905 -138 COMPENSATION The work will be billed on a unit price basis, at the unit rates shown below. I. Mobilization and Proiect Initiation Lump Sum $ 350.00 H. Field Work BHP, 4 tests @ $350 $1,400.00 III. Coordination and Renortine Results Senior Technician 8 hours @ $65 /hour $ 520.00 Senior Engineer 4 hours @ $125/hr $ 500.00 TOTAL PROJECT COST: $2,770.00 We appreciate the opportunity ity to submit this proposal and look forward to working with you on this project. If you should have any questions concerning our proposal, please contact our office. Respectfully submitted, TIERRA, INC. :5 Rarriakumar V. Vedu�, l Eo P r inci al Engineer x p 2765 VISTA PARKWAY, SUITE 9 WEST PALM B] (561) 687 -8539 FAX (561) 687 State of Florlda Professional Engineers License N, z. A s, , General Engineering ti5enriecs TH.] AOREEENT mde a rand entered into this �� 1 M. day of 20tj by and between the CITY OF SOUTH MIAMI, a political :�uhdivision of'the State of Florida, re.fe..rred to as the "C t M' and KIMLEY- HORN AND ASSOCIATES:, INC., authorized to do bErsiness in the State of Florida, referred to as the ,fC.ONS 1_! I TANT ". In consideration of the premises and the mutual covenants contained in. this agreement; the CITY agrees to employ� the CONSULTANT.` forr a peiriod ending on Mceni.bQr 31., 2011, arad the CONSULTt, agrees to perform all prol`t:ssional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $1;000,000,00 or studies which do not exceed $5000.00, herein after called the "SERVICE, S ". SECTION I - GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as de fined in. paragraph 2.2 for a proJect, for a. portion of'the Basic Services, car for discrete tasks as specified, in paragraphs 23 Additional Professional Services, for the purpose, of reviewing wcFrk performed by other professional consultants or for other miscellaneous engineering services that may be required, 1.2 A Notice to Proceed will be issued oil all as needed basis Ott the side discretion of the Cl t"Y. 'fhe CITY reserves, at all tinte;s, the right to perform any arid all engineering work, in ".house or with other engineers: This Agree ta.ent does not confer on the CONSULTANT any exclusive rights to tp CITY WORK, nor does it obligate the CITE' in Any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional. services for "vh eh pro po&aIS- rijay" be Publicly solicited. by the CITY outside; of this agrement: 1.3 The CITY will corder with the CONSUUF ANt' before; any Notice to Proceed is issued to discuss the scope of the WORK- tirrie needed to corrtplete the NVORK and. the fee for the sertirrces to he rendered in connection with the WORK, 1.4 The CONSUI:rANT Will submit a proposal upon the CITY'S request pri r to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services i.n cannection with the preparation of any proposal. 1.5 The CITY agrees that it will lianiish to the CQNSt. LTAN'T" plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly rafter each Notice to Proceed. l..G The CONSULTANT agrees to produce and distribute Mincntes, promptly after ettc}i meeting at Which their-presence is required. 1.7 The CITY agrees to designate. a represerntative wino, on behalf: of the City Manager shall examine the documents submitted by the CONSULTANT and shall. render decisions promptly, to avoid unreasonable delay in the progress of the. CONSULTANTS services.. The CONSULTANT shall keep the Cl'rn representative advised on the project status at. all times. }.$ The CITY agrees to aSSue all direct.ves and apprmad in writiing. SECTION 2 - PROFESSTONA.L SERVICES 2.1.Oeneinl Engineering Services The professional services to be provided by the consultant are as follows: A. Roadway Engineering to include streets, sidewalk, Curb, gutker, drainage, associated traffic control. devices, stripping,. lighting, irrigation, sines d reduction devices and inc,idonlal landscaping. B. Drainage Desgin includes the necessary analysis rneeded fo implement proposed drainage improvements, preparation. of paving and drainage plan for nnunicipal building; and facilities. C. Civil Engineering, to include Distribution Systems Improvement f Analysis and design and Sanitary Sever Syster n Evaluation and design. D. Environmental Engineering, to includiin& investigation. and design needed to prepare iertnediation plans to mitigate Underground aorage tank-, , Inuardotts waste lxtatun ials and asbestos materials. E: `i:°.rame engineering Services twill .include daily volume counts, data analysis, preparation of collc,eptual improvelnnernts plan, present .reports and recommendations to stakeholders and preparation of final traffic engineering Mptzrt. F" Other ilncid.ental services associated to the above items. 2.2 Basic Services The Basic Services, for design and c;onstrucytiotn, consist of six (6) pluses described in Paragraph 2.2.1 through. 226. The scope outlined below is applicable: in its entirety to Project& for which completed Basic Servict,s are authorized: Upon authoriration to proceed froinl the CITY, the CONSULTAN I agrees to provide Complete professional engineering services for any portion or all of the six Phases outlined below. The CONSIrr.U1 AN'T' agrees to co- olelinate his effort with that: of any other en�irneering, landscape arch tecfural or ilclutECtLEnflt CONSliIJAN`:, to assure a coordinated and complete FORK. The lead CONSULTANT as designated by Pr3i'CS�Ot�nai iCR'1.CCS r1;neccratcnt Gcncral Engirncennocrviecs December 2008 Parr. 2 of 17 the CITY shall. prepare the final bid package: including bid documents and specifications, which shtrll be prepared by, and be the responsibility of the respective disciplines. 2,2.1 Phase I -F >rel fin inary and Schematic Dcsi= A. The CONSULTAN'.t" shall confer with representatives of the CITY and. the using agency to dotermine the full scope of the, Project that will meet the program requirements, and shrill advise the CITY if; in the CONSULTANT'S opiiiiala,. Vie, allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CI'T'Y that tile. pfogranl Mquiren eats. will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of. the Project Timetable (Master Schedule), planning Surninary (unless advised otherwise), Sc hernatic Design Studies (unless advised otherwise) as defined belmw, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on. each Phase of the Project through design, bidding, construction, and. proposed date of completion, L. The Planning; Summary (un)ess advised otherwise.) shall consist of a vicWhy plan and blow- up of the Site (if' applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used forthe Project. F. The Schematic Design Studies (unless advised oth- rwise) shall consistofall plans, elevations; $tetiUrzs, etc.. as required to show the scale and relationship of the parts and the design. c oric�pt of the whole. A Sirnple perspective sketch, renderings model or photograph ph thereof rr ay bc- provicicd to [ :urther show the dc:s14p concept. O. The CO:N'SULT ANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such .approval. The Con.scfltant shall Make copiers necessary for presentation to the Board at no additional. cost to City. 1-1. The CONSULTANT shall present the schernatic design studies to all the appropriate utility companies (such as Southern Bell., Dynamic Carle, MD WA,.,A, cto.) for any conflict with their utilities.. The Statement. of Probable. Construction Cost shall include estimated cost of the Project . iricludin,; fixed equipment, prof:essiunal fees, contingencies (if anyr), escalation factors adjusted to the estimated bid date, .movable estimate (if any), and utility service extensions (if Profussional Smites Agrcc.113cn:t lknCral i ncinecring Services D cc ibcr 2008 P,Igc : of 17 applicable). The CONSUUFANT'S opinions of probable Total Project Cost's and Construction Cost tire to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best 'udgernent. as an experienced and . qualified pro;Fes I sional. Qng'ineer, flainiliar with the local construction industry- and prices. J. The CONSULTANT shall submit and present two (2) copies ofall documents required under this Phase, without. additional charge, flor approval. by the. CITY and he shall not pro eed. with. the next Phase und I directed by the CITY 2.2.2 A. From the .approved Schematic Design documents, the CONSULTANT shall prepare Msisn Development Documents, comprising the drawings, outline speeffleations and other documents to fix and. describe the size and character of the entire Project as to construction and fillish inaterials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed PrOject TiM:Qtable (updated), Outline Specifications, Updated Statement of Probable Construotion. Cost, and Design. Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of probable Construction Cost exceeds the allocated funds,. feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of till. documents required under this Phase, without additional charge, for approval by the CITY and not proceed. with the next .Phase until. directed by the ary. D. The CONSULTANT hall at all times monitor the Pro bable C onstruction Costs t o Ma ke certain they remain within the total allocated budget. A Notice to Proceed to Phase 111' will not be issued if thelatest statement of Probable Construction Cost exceeds the totalalloQatod hands. 2,2.3 Phase III —1~ inal Design I Construction 170001nen-ts Dew.lOpmentl A. From the approved Design Developi-nent Documents, the CONSULTANT shall prepare Filial Construction Documents , setting forth in detail the roqllircments for the WnStr=6011 Of the Project including the Proposal (Bld) Form and other necessary information. -for bidden" Conditions of the Contract, and Complete Drawings and, Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms ror the preparation of the proposal (bid) fornis, Instructions to Bidders, conditions ol'Contract and Spcelfications. The CONS 1JUrAN'T ;hall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The COIIStri.Wtiori Documents shall be prepared in a manner that will assure clarity Of linework, notes, and dimensions, when the documents are red . uced to 50% of their size:. All Prokssionil Scryiccs Agreement General Engincermig sorvices December 2008 Page-4 (if 17 drawings shall. Inc on 2 " x 30" paper` (1)1° size), on the City s standard shy et format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, butgenerally as follows: l . Nero- drawing submittals in Microsoft Offifee Format. 2. Drawings in AutoCAD florm i+t. 3. GIS files should be in ArcView format Version 3.2. l`). When the development of the dr-iaivings laas progressed to at least 50% completion in Please Ili, the CONSULTANT shall submit two (2) collies to the CITY for approval, -Withtrut additional charge, along with updated outline; specifications. The CONSULTAINIT shall also submit at this time an updated Stateincnt of Probable Construction cast as indicated by time factor, chan es in requirements, or general market conditions and an updated Project Il Schedule. The CONSULTANT shall not roceed with the flurther develo .lent until a�ro�ra� of the 50 °1a documents is received from the CITY. The CONSUTA'.ANT shall make all changes to documents the 50% complete Check set shall be returned to the CITY. V. A. Notice to Proceed for the counplc flan of phase I.I.I, evill not be a4sued if tile, lrjte',; St�atc merit of Probable Construction .Coast exceeds the total allocated funds, rEnless die CITY increases the total allocated bands o • the CONSULTANT and the CITY agrees on methods of cost reductions stiftieient to enable construetion within the funds available. G. Upon. 100°/0 completion of the Construction Documents, the CONSI.It rAN "1" shall submit: to the CITY s frkal, updated Statement of Probable. Construction Cyst along with tv.,Q (2) copies each of Check Set of drawings, specifications,. reports, programs, etc., w tlac tit additional charge, for a final review and comments or approvals. H. The CONSl:1U AANT shall make all the necessary presentations to the appropri, to CITY .13oards (such as Environmental Review Board, Histori cal. Preservation Board etc.) for th.e final ZaT:proval. 1. The CONSULTANT at no extra cast to the CITY shall make all required changes or additions and resolve all questions resulting from pain, graph. 1°I if the changes or additions do not alter the scope of tlje project as determined under paragraph 2.2, 1, A. The 100% complete "Cheek . sc t Shall be returnc�cl tc? the; CITY. '. flpor1 f ri.,al gpprt3val iiy the CITY the CONS(iLTANT shall furnish to the CITY a. aninirnEani of 30 sets of drawings and for bidding Purposes, finless instmeted otherwise. .f. 1'he CC71 S1!L'T ".AN'I' shall arrar>ge for "drys runs" and /or make final sul�missi0� to appr npa late autl cirrta.t s (t'egUlcatc3i � age ncii_5 tci nclut {e ai d ncit liaa.1 . - tt City, Ciatrnty, State or Federal) as necessary, to .ascertain that the construction docUments Meet the nccessc3r)� 1'1R) *sioI71I.S,'er hire AYoh reerkwilt Ocn.crai r ngin4xm1g SCTVI.= Lhccni.bcr :try}$ Nuc5of17 requhvments to obtain all the nece.sar ;1 permits for construction. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. ?.4 Pha.W N Bi_kin. <<nd NegL t ati)n Phase. . A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITE` of the latest Statement of Probable Construction Cost, the CONSULTANT shall farnish the drawings and specifications as indicated above for bidding, and assiqt. the CITY in obtaining bids <jnd awarding arid. preparing construction contracts. Tile. CONSULTANT shall. attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening . and. as part of his assistance. to the CITY will tally, evaluate and issue a recornniendation to the CITY after verifying bond, insurance docunient5, questionnt irc and reference submitted by the constructor. E3. I'ITC CCNSLIL,'TAN'T sltal.I issLie Addenda through the C[TY as appropriate to clarify, correct. or change Bid Documents. C. If Pre - Qualification. of bidders is required. as set forth, in the bequest for Qualification, CONSUL`I'AN -r shall assist City in developing qualification criteria., review quali#ications of proslnctiw- bi:dder5, rind mcon mend uc;�eptan:ce or rejection ol'the prospective bidders. O. [t-the lowest responsible Base Bid received exceeds tare Total Allocated .funds the CITY may: 1. approve the increase in Project Cast and award a conSt.rLlCti011 contract or= 2. reject all bids and rebid tare Project within a reasorlabJ,o time with no change in. the Project, or 3. direct the CONSULTANT to rr;vise the Ptxiject scope or quality, or both, as approval by the CITY and rebid the Project, or 4. suspend or abandon the Prujoct, or 5. exercise. all options under. the City Charter and State LaNv. Nall : Undei iteni. (2) above, the CONSULTANT 5;hall, without additional compensation,. assist the Ci' :l'Y in. obtaining re- bias, and .awarding the rebid of the pr�jcet. Under retire (3� above, the CON,91JLTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction. Cost within. ti.i.e Total. Allen -ated .Funds. When the lowest responsible bid is over 1.5% of the CONS UL`t AN'l" estimate.. 64 For thQ purpose t)f 1.xVr3ent to the CONSULTANT, the Biddinr� Phase will tcrnrirlatc and the services of the CONSUL PANT will be considered complete upon signing of an Agt =nient of the a Contractor. Rejection of bids by the CITY tines not constitute c ancellation e ptoJect. 12.5 Phase V — General Adininistraflorl O llii Constitrctioi� Contimmact r'rofj:,"ii)zns Svrvicdti.APreCm�ilt G"Crat E nginecr ng ScrviccS L�ommbcr 20H Page 6 of 1'7 A. The Constl'LiGtion Phase will begin with the award or the ConstrUctiUil Contract and will end when the Contractor's final. Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the represent Give of d o ct'r4' during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of!the CITY to the extent provided in the General Conditions and as rnodi.f ed in the Supplementary Conditions of the Construction Contract. C. Tile CONSULTANT shall attend prQ- cons(ruction: Fne.etings, D. The CONSULTANT shall at all tirries have access to the project wherever it is in preparation or progress. { . The c t7NSUT.NANT iall visit the site at least weekly and at all, key construction o ei).ts to ascertain the pi�gress of the Protect find to determine in general if the WORK is proceedi.nc inl accordance with the Contract. Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard. the CITY against defects and deficiencies in the WORK, The, CONSULT ANT in:ay be required to provide continuous daily on -site observations to check. the duality or quantit), of tile '+ WORK as set forth in. this Agreement and defined by the Scope of WORK issued 'for the individual project. On. the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in. the NVORK immediately in writing. E . l Ire CUNSCII_rI 'AN' :C shall furrai:sh tltc Ci'l` ! with a wvriuen. report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress ol'thc WORK, shall subinit satl,e in a timely manner.. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate;. and complete notations on record. drawV'illg8. G. Lased on observations at the site and on the contractor's Payn lent Certif.cate, the CONSULTANT shall determine tine aiiloI.nnt. duce the Contractor on aceoLint and lie shall recommend approval of the Certificate in such amounts. The recommendation of approval of a i':ayrnirnt Certificate shalt constitute a representation by,, the CONSULTANT to the CITY that, he c. rti: es to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract. Docuinen.ts subject to: t, 4111 ev�r.lurtt on. of the WORK for conformance with the CO,111- ct d.ocunjents upon substantial. oorrrpletion. 2. the results oi'any subsequelrt tests required by tile contract doe Lune nt.s. 3, rrrinor deviations from. the Contract d. «cuillentN correctable prior to completion and acceptance of the piTect. Professional sciv €ces Apecincrit Getteral Engineering services. December 2008 Piece 7 (if 17 H. The CONSULTANT shall .rave are af:Firtnetive duty to recommend rejection or WORK, which does not conform, to the Contract Docu.rnents, Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Docurrterits: he wvill. have ;authority (with tho City's prior approval) to recommend speci°a.l inspections or testing of any 'W'ORK deemed not to he in accordance with the Contr.pct whether or not such WORK has been t bricated ind delivered to the 1'rcject, or installed and completed. 1. The CONSIJMNT shall promptly review and approve shop drawings, maniples, and other su tni.ssi.ons of.'the; Contractor for conformance with the design concept of the Project and for compliance with the Contract Dociunents. Chan .5 or sub Stittit:ions to the Contract. Docrr.rncnts shall not be authorized without concurrence with the CITY. The CONSULTANT sl;all review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change carders as required by his own obsem ations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the C,0N1S1JLT.ANT in conjunction with representatives of the CITY and satisfactory performance obtained Before lee CONSULTANT recommends execution. of Certificate of Final Acceptance and final _payment to the Contractor. fle shall obtain from the Contractor all warranties, guarantees; operating and maintenance manuals for e+iiprnent, releases of'lien and such. other docuinents and certificates its may be regpired. by applicable codes, la ,,vs, policy regulations and the specifications, and deliver them to the CITY. T,. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and rnaintenance of any equipment or :system 2) initial start -tip and testing, adjusting and balaneittg of egtripment anti systlsrtts, and, 3) final clean -up of the pr( jest. M., The CON-SUM'ANT shall provide. the contractor with. three sets of drawings labeled "Construction Plans.' forpermit from Priblie Worits. 12.6 Phase VI - Post Construction. Adniinistz-ation A The CONSULTANT shall prepare and provide the CITY with a written inanu al, to be used 1V the C 'l'Y, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational into safe and c5ecti.vt mariner. B. The CONSULTAN"C shall furnish to the CITY, reepraciLieible record. drawings updated based on information furnished by the Contractor: such ch- wings shall become the property of the crl'1'. C. The CONSULTr' M' shall assist in the inspection of the WORK one month be #ore the expiration of any guarantee period or the sinth month whichever is earlier and report any �3c��rr11 L ?uginearirl,�Surv'iC�s U =.),11bea NO t°agc 8 of 17 defective WORK in the Project under terms of the guarantee/warranties for coi.i=tion. He shall assist the Ci"I'Y witi.i the administrati011. of guai-amee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furbish the City with a 3 -ring binder labeled "Close -out. DocumentP that will. include as a miniinuin a copy of • Certificates of completion • As4lu.j Its (1/2srre) • Test Results • Daily construction. inspection reports Progress meeting minutes Approved shop drawings • Warranty manuals as applicable Final release of liens Final payment to contractor. 2.3 Additional Professional Services Additional. Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as def Tied in this Agreement but which are additional services which may be authorized within the Scope ol'Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project, B3 Financial feasibility, life cycle costing or other special :studies. C. Planning surveys, site evlaluations, or comparative studies of prospective sites. D. Design services relative.. to. future f�acilitic;s, systems and egti pment, which are not intended to be constructed as part of a specific 11rgject. E. Services to investigate existing conditions s (exclud ng utilities) or facilities or to make measured. drawings thereof., or to verify the accuracy of drawings or other iniom atio. n. f%rrnished by the CITY. F. Proficssional detailed Nstimates of Constt.uction Cost consisting of quantity surveys itemizing all material, equipment and labor required f €)r a Pix ject. G. Consultation concerning replacement of any WORK damaged by fre or other cause during construction, and furnishing professional services of the type set forth in Basic Services as 113.ay be required relative: to replacem.c.rrt of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. f Prnfmiiunar Scrviccs Agrament CiL:nCrtl: r71t;i1ic'.L`,rilf "atie,Tti�i;:c� [7r`ctmbcr �UUi; r'agc9ot17 I-.I. Professional services made necessary by the deftu.lt of the Contractor or by major defects in the WORK lender the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. T. Making major revisions changing. the Scope of a project, to drawvings and spec %Ccations when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CO SUI.,TA:NT. (Mijor revisions are defined as these changing the Scope and arrangement of spaces and/or scheme or any portion). I. one ser-v ices of one or more full -time Project Representati` =es. K. Preparing to serve or serving as an expert witness in connection wW.i any arbitration proceeding or legal proceeding in connection wwrith a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings,, and specifications as may be required f{)r Change Orders affecting the scope of a Project provided the Changes are &C to causes found by the CITY, to be beyond the control of the CONSULTANT. SEC1,I0N `X'1.M:f+ J+tiRCO.MP[,i♦.7I<+ON; The services to be rendered by the CONSULTANT ibr any WORK shall be commenced upon written Notioe- to Proceed froiIi the CITY subsequent to the exectitioti of this Agreement. and Khali be completed within the time based on, reasonable determination, stated in the said Notice to Prooced. A reasonable extQnsion of time will be granted in the event there is a delay on the part of the C:.rry in Fulfilling its part of the agreement, change of scope of ,work or should any other events beyond thy; control of the CONSULTANT render performance of his duties impossible. SECTION 4 - .BASIS OF COMPENSATION I Ire CONSULTANT agrees to negotiate a ",not to exceed" fee or a fixed suin fee for each. of the WORK assigned to h nn based on the Scope of such WORK. Upon agreernen-t f a fee* the CITY will issue a "wn itten: wthorization to proceed. to the CONSULTANT. In case of etnergeucy, the CITY itis�rwfes the right to rsscre oral authorization to the CONSULTANT, with the understanding that.. written confirmation will folIowa itunediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified u tider Section. 2- Professional Services the CITY will pay the dixect costs. The fees for Profc;ss oral Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULT- NIT. ■ Prokcssionai smices Ar- secmcn# tknuar €<nginccrin, Scrviccs December 2008 Page r 0 of 17 A. A flixed SuIll.: The fl e for al 1 5 sco e, '0, A. T� ar a of work iiaaY , be fixed sure as muwallY agre-ed upon ' by the CITY and the -CONSULTANT: B. Hourly irate f e CONSULTANT agrees to accept tort 3.e .oe; CITY agrot�s to pay, a.n.d the I With t e flolowitig; services rendered. Pursuant to t1iis A.greml.e.11t. &es in ac orcan h categoty Project Managor Sea lor Engineer Eni, i. II.C.CT Coll. structi oi.i.M.anager Canstwtiulll nspq Q*fipti. S Ml man.1 ec inica 'o r D ra s /T WCA.D.0 Operator Draftsmen Datzl,processli n a { C kv I p'.'Il overhead, andprofit.. I-lowly Raw- $204.00 $160.00 $125.00 $102.00 $152.00 $ 81.00 $ 76.00 $ 65.00 $ 52.00 I- T-9 S CT`. -5 -.PAYMIN ANWP ARI - L-PA. ,N Ot Pli 'ANT f or all autharizedAVOI K V pa� lo CITY, willm,ake ffibnfI4 m,,e,,n,. t.s 6 the. 00 Oer i-iiiedAtn' tie Forcdesl nAnd,O)' SEA tck�ot 13�'tij�ct let fee !`or each phase : .6 in e_prevlous ch ar;: is. not ipe i 'd 41Mt. 4h n6t.exceed.. h d. q -FIQ -Such j)qTp fh :the epenta of Basra: ;Cdmp;nsa#*6ft- indit. te&b6lowibr eacl ; P h w .4 Ti.iel:ttiv.o"tee,.,s-hal:1.conit,a:�i thelWl MR J fD ioll:: . . . g h— 11.11at uaofthe invoic ps: submit te&tshall be:tl*4mpunt- due: fb al� V 0 perf b vd , to I d a. W CU t"tS dA h&:CONS.UMANT; T h -e x r me ljt� ul.11. ch de th CfbTl O NY a. �r p"t. Nan' w. b. T :11: . C6**..., �., ., NSUI.JA h P. si� le god n** tuicumnount (QQ N-V jiu..' aii at6d upset lam ftl,*Peers) cl, perc. -6f NVOrk- completed. Prof"sioni S i % * pult. U. ."n -T 0' , * d S CS ...91I)CUID9 C.Ytc LI df 17 d.. Amount earned. C. Amount previously billed. f Due this invoice. b. Balance rcmairai.ng h.. Summary of Nvork clone this billing period. . Invoice; number and date. a. Upon. request by the CITY the CONSUL I ANT shall provide the C~[TY with. certified, payroll. data for tli.c WORK. reflecting salaries and hourly rates. SECTION f m T21<GI T OF D C U91'ONS All services shall be performed by the CONSU.LTANTto the satisfaction of the CITVs representative, who shall decide all questions, difficulties and disputes of -whatever. nature which njay, arise under or by reason of this Agrcen-lent, the prosecution and fu.lfrtln .etat cif the. services, and the character, quality, amount and value kind the representativ&s de6sl.c nS upcii� all claims. tlue.gtions, and disputes :shall tic:; final, c nclusi.ve and binding upon the parties unless such detetmination is clearly arbitrary or unreasonable. In the event that the CONSULTANT sloes not concur in the judgement of the representative as to any decisions rnade by him, he shall present his written objections to the City Manager and Shall abide by the decision of the City Manager: Nothing in this section shall. mean to deny the right to arbitrate,, by either parties, in accordance witli. the Industry Arbitration Rules of the American Arbitration Association. SECTION 7'- OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the C:ONSWUFANT for the purpose of this Agreement shall become the property of the CITY without restriction or li.tnitation in oan.nection. with tli:e owner's LiSe a cx cupancy of the project. Meuse of tlze;;e do curnent -S without wri #t n agroement troin the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed. under this Agreement is complete,; all of the, above data shall be delivered to the Cl "I'Y. S.EC'I"I(}N S -COURT APPEARANCES. CONFEIZENCES AND H E AIUIvNGS Nothing in this contract shall obligate the CONSULTANT to prepare for or :appear in litigation on be alF o -F the CITY without additional compensation except for any dispute rirising out ofthis contract. The amount of such compensation shall be.mutually agreed upon and be subject to a supplemental agreement approver by the City Col-nmissioners and upon receipt of written authorization .[zone the CITY prior to performance of *a court appearance and conference. The CONSULTANT shall confer with the CITY at antime during construction of the improvement contemplated as to interpretation ol'plans, correction of cn ors and. omissions and preparation ofariy necessary plan thereof to coMct Such errors and omissions or chq:rif'y without add. d compensation. SECTI:C)N 9 - NQTJCES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considci-cc! delivered when deliycred by courier or by mail to the CITY. Any notices, reports or other Prafessi.onal .5crvins Agrec¢icnt. General Engineering Scrviccs Dea mber 2003 liev 12 of 17 cormnunications :from the CITY to the CONSUI I'.A:N-T sh.al.l be considered delivered when delivered by the CONSUI;.I'ANT in person or by instil to said CONS LJL.TAN7 (>r his authorized reprei; ent itiVe, SFC,'r *r I0 - AI JIM RIGH'T'S The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at. any titn.e during the execution of the 'NORK and for a. period of one year .after ftml payalent is laude. This provision is applicable: only to assi:gnin.ents that are on a. dine and cast basis. SECTION 11.— SUBLETTING The CONSUL I ANT shall not sublet, assign, or transfer any WORK under this .A- reeinent without the prior written consent of the CITY, SECTION 12 - WARRANTY The COT:SLLTAtiT warrants that he has not employed or retarncc an y company or person, other the n a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person ether titan. a bona fide employee working solely for the coNSI.JI.: AN I: any iee, cornn.iission, percentage fee, gifts or any -other considenations Contingent upon or resulting tioin the � ward. or making cif this conin ct. For biertch or violation of this .vvarranty; tltr' C'IT'Y shall have the right to annul this contract without liability. SECTION 1.3 TERMINATION OF AGREEMENT It is expressly understood and agreed. that the CITY 1nay terminate this Agreement without penalty by declining to issue Notice to proceed authorizing \V01ZK, in which event the CI"CY S soli; obligation to the CONSULTANT shall be payment for these units or sections of' the WORK previously authorilej in accordance with the provisions or Section 4, such payment to be determined on the basis of the WOR K performed by the CONSULTANT Lip to the tirne of tiermin.ation. SECTION 14 - DURATION OF AGREE INTENT `rbi:s .Agreerxient, for the purpose of issuing new '4'a'ORK shall rernain in. full force and efferrt for a period ending. December 31, 2011, although the actual completion or performance may c,atend beyond such terra, or until the depletion of funds alloutted for the WORK, or unless othenvise terminated by mutual consent of the parties heitto. ,SECTION 15 KENEWA.L OP'T'ION 'l'llis agreement may be. enew -Ved, at the salt; di4c re -lion of the C'.ITY, for an .additional period of onz year tit the end of tiie initial period. SECTION 16 DEFAULT In the event either party fails to comply with the provisions of this Ag'eemcn , the aggrieved party May declare the other party in defttu.lt and notify him in writing, In such event, the CONSULTANT will only be compensated for.• any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such surds to the CITY within tent (10) days after notice that said sums are due. In the event of liti ption by the other party to enflorce the pre visions of this contract, the Prevailing party will be compe sated for reasonable attorney's fees. In. no event shall. ■ Professional S'miccs A rmnient G errcral Fnghiccrhig Suviccs Dcccmbu 2(10 : Page 13 of 1; at.torney's fees a -,yarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity .111-Orn awards of prejudgment interest. SECTION 17 - INSURANCE AND 1 Pi`[7I +;IV1]`� I ICATION The CONSULTANT shall not commence WORK oil this Agreernent until lie has obtained all insurance required' ley the CITY. The CONSULTANT shall i:rrdeni.n.i.f.v and save: the CITY harmless from any and all claims, liability, losses and scauses of actions arising solely out of• a. negligent error, omission, oi- act of the CONSULTANT incident to the perforanance of the CONSULT, Mrs professional services rriider this Agreement.. The CONSULTANT Shall pay all claims and losses of any nature whatsoever,. in connection. there<With. The CONSULTANT aces and recognizes that the CITY shall not: be held liable or responsible for any claims, which may result front actions or omissions of the C:ONSUL'T'ANT's actions. Irz reviewing, approving or rejecting any subinis$ ons or acts of the CONSUL I•AN 1`, the 'C'ITY in no Way assumes or shares responsibility or liability of the CON SULTANTS or Sub- consul.Writs, the registered professionals under this Agreement. The CONSI JIB I`AN I.` shall. r oa n #ain dur'in_g the term of this Agreement the followir #g irisumnce A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated. to pay tis. d m.ages for claims arising out of the serclices performed by the CONSULTANT or any person employed by lure. in connection with this Ayreeni.ent I'lt.is insurance, shall be. maintained for three years affer completion of the construction and acceptance or any Project covered by- this Agreement. t. l fo4tifievM the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad farin endorsement, including automobile Habil_ity, completed operations and products lial}rlity, contraclLral liability, severability of interest with cross liability provision, and personal iiijl riy and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said. policy or policies :shall name. CITY as additional insured and s.ha.11 reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida. Statutes, as presently writton or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where. :applicable, shill expressly provide that such policy or policies are prilnarY Over any other coilecti.ve insurance that CITY rnaa have. The CI i'v, reserves the right to request a copy of the required. policies for review. All policies shall: contain a "se verability of interest" or `:cross l%abill -ty a clause without obligation forpromicn-ri payment of the CITY, Professional Services Agfeement Ovic d L ngineeri rra Services rk-xr ibrr MIR page 14 of €7 E. A.11 of the .above insurance is to be placed. with Best rated A -8 or better insurance companies, qualified to do business tinder the laws of the State of Florida. The CONSULTANT shall furnish certificates of insurance to the C:I'I'Y prior to the commencement of operations, which certificates shall clearly indicate that the C ONSU[.,TAN r has obtai ed insurance in the type, amount, and classification as required for strict compliances with this Section and that no reduction in. limits by e.ndorsentent during the policy term, or cancellation of this insurance shall. be effective, withorEt thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section. or under any other portion of this Agreement. ECTICiN 13 ACREEMENT NOT EXC:LUSIV i Nothing in this Agreement shall. prevent the CITY from employing other CONSULTANTS to perform the saute or similar services: SECTION 0 - CODES, 0III}M4.NCES AND 11"'S The CONSULTANT agrees to abide and be governed by all duly promulgated and ptrblitihecl CITY, County, State and Federal codes, ordinances and laws in effect; at the time of design which ha�YL a dire�•t Ix arrrlg. on the t'VORIt involved on this prnjca The CONSULTANT is required to c�rrmplete Public E ity Crirrtes Affidavit brin (attached) pur•s.tiant to FS 287.133(3)(a). SECTION 20 ENTIRETY OF AGREEMEN17 This writing embodies the entire Agreement and understanding: between the parties hereto, and there are no other Agreements and understandings, oial or written. with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration., change, or modification of the term of this. Agreement shall be. valid unless made in writinb tied si red by both parties hereto, upon appropriate action by the. Ci y Cornrri.issiQni:rs, • n wlAc ionsd ',rnduw;.AP.[te nen:I General E'nginccri:n Services Tkccmbcr 20418 Page 15 of .17 IN WITNESS WHEREOF, this Agreement. is accepted on the dat C* . first above written :subject to the terms and conditions .set firth herein. I 'n No.205-085-12&02 _L,1_ho.rity of R--;;:o1Ut'0 du y' passed and adopted by the South Miami City CqrrimL-3sion or). Docertiber 2, 2008 ATTEST: Maria Menendez, City Clerk Authority of Resolution No. 39-09-12848 duly passed and adopted by the South Miami City Commission on March 17, 2009 . . CITY OF SOUTH MIAMI W. Aj ibola.BalogWt, City Mana, gor AT'T'EST., CONSULTANT: STATIC: OFFLORIDA ss- AcknoxViedgeinent of.'City of South Miami COUNTY OF DADE The folegoil.ig lmstrutnent was acknowledg�d before me thjN,36� day of 2 Op by W.Ajibola Uogun- and Marla Nlenendez, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are pcisonally known to lift- Not, r Lublic, State of Florida I'rintnajne, IVIM- f' --- - rp4��M. . P. F NK5NGA A. PAYNE Corn mission N ;;-fr MY COMWgRION 4 nr). PXNRM October 5, 2011 Bondod Thru Notary Puhllo undowilers STATE OF FLORIDA ss: Acknowledgment of Consultant COUNTY OF DADE ) • Projlg;sional Services Aguilletit c1mcral umgineeririg- services Downbcr 200-S, Piigc 16 of 17 3l f�rre J, Irl— 'nstrcl nt t�+as a�l`n ��led�e�I l �for� one this�b c3ay caf rv� ?. (9 �by of l "r1 r�l n hajf of tl ?— tJt�T NT. 4 • C� J . , r lie is pet-sonally known to me or li.as FroifUced , �!��, J � as lntiticittion, .y Amy M. Lled6 :COMMISSION #DD681069 ¢ °EXPIRES: JULY 23, 2011 WWW.AABONNOT ARY.aom APPROVED AS TO FORM & C;UNIT NT ........ Luis ii F a, City Attorney Prof"si«na1 Smices Agrcm.ot Guricia1 Eneillccf.ing Scrvim DeceaLber 2008 Ilage 17 -uF 17 Notary Pi it', Mato of Florida .� Commission Na. � r1- tla-1 C) �b CITYWIDE DRAINAGE IMPROVEMENTS - Phase 6 SUNSET DR SW 72ND ST 7 � T ff-- ,,:5 . 4, m L I SW 73RD . . . -L *W. 74 E:9 DAVIS RD 0 100 200 300 400 500 600 700 800 900 1,000 - --- - - Feet