03-03-09 Item 15To:
Via:
From:
Date:
Subject:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Honorable Mayor Feliu, and Members of the City Commission
W. A. Balogun, City Manager.
Jose Olivo, P.E. �_• 0.
Public Works - Engineering Department
Agenda Item No.:JT
March 3, 2009
South Miami
AMnedcaChy
r
2001
Authorizing the City Manager to Execute Professional General Engineering Services
Agreements
RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES
AGREEMENTS WITH TY LIN INTERNATIONAL/HJROSS, KIMLEY -HORN
AND ASSOCIATES, INC. AND E.A.C. CONSULTING, INC. PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
Per Resolution No. 205 -08 -12802 passed and adopted by the City of South Miami
Commission on December 2, 2008, the City Commission authorized the City
Manager to negotiate and execute a professional services agreement with TY Lin
International/HJ Ross, Kimley -Horn and Associates, Inc. (KHA) and E.A.0
Consulting, Inc. (EAC) for general engineering services. These firms were selected
in accordance with Florida Statue 287.055 (Consultant's Competitive Negotiation
Act). The selected engineering firms will be used on a rotating basis, as funding is
made available, for general engineering projects with basic costs which do not
exceed $1,000,000; or planning study activities for which the fee for professional
services does not exceed $50,000. The execution of these Professional General
Engineering Services agreements does not commit the City to any maximum amount
of fees nor guarantees any work.
Immediately following the adoption of resolution number 205 -08- 12502, staff
began reviewing the City's previously executed professional services agreement
(PSA) from December 2004 and added minor revisions to consultant required
deliverables. Subsequently, staff issued letters to the three selected engineering
firms requesting their proposed hourly billing rates. Also, attached to the letter was
a copy of the revised PSA of December 2008 for their review and comment.
Shortly thereafter, all three engineering firms provided staff with their proposed
hourly rates and two of three firms provided their comments and recommendations
on the language agreement of the PSA document.
Consequently, staff prepared an Hourly Billing Rate tabulation spreadsheet (see
attached) that consisted of proposed rates and standard industry rates in efforts to
determine an acceptable range of hourly billing rates for negotiating purposes.
Staff also responded in writing to their comments and recommendations regarding
language agreement. The final hourly billing rates were negotiated with the three
engineering firms by Friday, February 13, 2009 and are shown in each of the PSA's
that are ready for execution.
RECOMMENDATION:
It is recommended that the City Commission authorize the City Manger to execute
three separate agreements for professional general engineering services in
accordance with Florida Statute 287.055, for a period of three (3) years, with
provisions to review for one (1) additional year.
ATTACHMENTS:
• Proposed Resolution
• Hourly Billing Rate Tabulation Spreadsheet
• TY Lin Int'l/HJRoss PSA w/Final Negotiated Hourly
Rate Schedule.
• KHA PSA w/Final Negotiated Hourly Rate Schedule
• EAC PSA w/Final Negotiated Hourly Rate Schedule
• Correspondence with TY Lin Int'l., KHA, and EAC.
• Resolution No. 205 -08 -12802
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RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL GENERAL
ENGINEERING SERVICES AGREEMENTS WITH TY LIN
INTERNATIONAL /HJROSS, KIMLEY -HORN AND ASSOCIATES, INC.
AND E.A.C. CONSULTING, INC. PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The Mayor and City Commission desire to enter into agreement and execute a
professionals services agreement with engineering consultants to provide Professional General Engineering
Services; and
WHEREAS, pursuant to Florida Statue 287.055 (Consultant's Competitive Negotiation Act) the
City pre - selected three engineering consultants for Professional Engineering Services; and
WHEREAS, a thorough review of the firms proposed hourly billing rates was conducted.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY OF
SOUTH MIAMI COMMISSION THAT:
Section 1. The City Commission of the City of South Miami authorizes the City Manager to
execute three separate professional service agreements with:
• TY Lin International/HJRoss
• Kimley -Horn & Associates., Inc.
• E.A.C. Consulting, Inc.
Section 2. That the Agreements allow for renewal of an additional period of one (1) year at the
City's option. .
Section 3. That the negotiated Professional General engineering Agreements be made a part of
this resolution.
PASSED AND ADOPTED this day of , 2009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
6I9"D
MAYOR
Commission Vote:
Mayor: Horace G. Feliu
Vice Mayor: Brian D. Beasley
Commissioner: Velma Palmer
Commissioner: Jay Beckman
Commissioner: Valerie Newman
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PROM SSIONAL SERVICE AGREMNIENT
General Engineering Services
THIS AGREEMENT made and entered into this day 20 by and behveen the CITY
OF SOUTH MIAMI a political subdiv . ision of the State of Florida, referred to as the "CITY" and KIMLEY-
HORN AND ASSOCIATES, INC., authorized to do business in the State of Florida, referred to as the
CONSULTANT.
In .consideration .of the premises and the mutual covenants contained in. this, agreement, the CITY
agrees to employ the CONSULTANT for a period ending on December 31, 2011, acrd th.
CONSUL TANT
agrees to perfonn aft professional 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 $50,000.00, herein after called the "SERVICES".
SECTION 1- GE- INERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice.to Proceed to encompass the entil.'eflasic Services, as
defined in. paragraph 2.2 for a project, for a ponion of the Basic Soviets, or for discrete tasks as
specified in paragraphs 2.3 Additional. Professional Services, for the purpose of reviewing work
performed by other professional consultants or for other miscellaneous engineering services that may
be required.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY, The
CITY reserves, at all times, the right to perform any and all engineering work in-house or with
other engineers. This Agreement does not conkr on the CONSULTANT any exclus I Ive rights to
CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the
CONSUI,.TANT.. The CONSULTANT may submit proposals for any professional set-vices for
which proposals may be publicly solicited. by the CITY outside of this agreenient,
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK; the time needed to complete the WORK and the fee for the services to be
tendered in connection with the WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice
to Proceed. No payment will be made for the CONSULTANT'S time and set-vices in connection with
the preparation of any proposal.
1.5 The CITY agrees that, it will furnish to the CONSULTANT plans and other data available in the
CITY files pertaining to the WORK to be perf ormed Linder this agreement promptly after each Notice
to Proceed.
1.6 The CONSULTANT agrees to produce and distribute minutes,, promptly after each rmeting at which
their presence is required.
1.7 The CITY agree.-, to designate a representative who, 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 CONSULTANT'S services.. The CONSULTANT shall
keep the CITYS representative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
SECTION 2 - P110FESSIONAL SERVICES
2.1 General Enginecring Services
The professional services tai be provided. by the consultant are as follows.
A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic
control devices, stripping, lighting, irrigation, speed. reduction devices and incidental
landscaping.,
B. Drainage Design includes the necessary analysis n needed to implement proposed drainage
improvements, preparation. of paving and dMinage plan for municipal building and facilities.
C. Civil Engineering, to include Distribution Systems Improvement /Analysis and 8esig
m and
Sanitary SeNver System. Evaluation and design.
D. Environmental Engineer . ing, to including, site. investigation and design needed to prepare
remediation plans to mitigate underground storage Ige tanks, hazardous waste materials and
asbestos materials.
E. Traffic engineering Services will include daily volume counts, data analysis, preparation of
conceptual irnprovements plan, present reports and recommendations to stakeholders and
preparation of final traffic engineering report.
F. Other incidental services associated to the above items.
2.2 Basic Services
T'he.Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through
2.2.6. 'I'he scope outlined below is applicable in its entirely to projects for wbichoompleted Basic Services
are authorized..
Upon authorization to proceed from the CITY, the CONSUU1,'AN1' agrees to provide complete professional
engineering services for any portion or all of the six Phases out lined below. The CONSULTAN".1' agrees to
co-ordinate his effort with that of any other engineering, landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK. The lead'CONSULTANT as designated by
■ PrGfmional Scrvim Agrcment
Ocrtual Engineering Scrvices
1kcembcr 2008
111age 2 of 17
the C1' 'Y shall prepare the final bid package including bid documents and specifications, which shall be
prepamd by, and be the responsibility of the respective disciplines.
2,2.1 Phase f-Prefirnina.a and Schematic Design:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the full scope of the Project tbat.will meet the program requirements, and shall
advise the CITY i #? f, in the CONSULTANTS opinion, the allocated. funds are adequate to
accomplish the program requirements.
B. The CONSUUrANT shall use proper and adequate design control to assure the CITY that the
program requirements will be met.
C. 'I'lic CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of.
the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise),.
Schematic Design Studies (unless advised otherwise) as defined below., and the Statement of
Probable Construction Cost.
D. '17he 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,
E. The Planning: Surnmary (unless advised otherwise) shall consist of a vicinity plan and blowy-
w
up of the Sit e (if applicable) showing Project orientation, and a brief summary of all pertinent
planning criteria used for the Project.
F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations,
sections, etc. as required to show the scale.and relationship of the parts and the design . concept
of the whole. A simple perspective sketch, rendering, model or photograph thereof may be
provided to further show the design concept.
G. The CONSM;rANT shall present the Schematic design studies to the appropriate Boards for
their approval when the project requires such approval. The Consultant shall make copies
necessary for presentation to the Board at no additional cost to City.
11 'I'he CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPL, Southern Bell., Dynamic Cable, MDWASA, etc.) for-any conflict
with their utilities.,
The -Statement of Probable Construction Cost shall include estimated cost of the Project
including, fixed equipment, professional fees, contingencies (if any), escalation factors
adjusted to the estimated bid date, movable estimate (if any), and utility Service CXWnSiOnS (if
Profvssional Sorvko A9TcCMCn.t
General HinginccAng Services
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applicable). The CONSULTANTS opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANT'S experience and
qualifications and represent CONS ULXANTS best judgement as an experienced and
qualified professional engineer, familiar with the local construction industry and prices.
J. The CONSULTANT shall submit and present two (2) copies of all documents required under
this Phase, without additional charge, for approval by the CITY and he shall not proceed with.
the next Phase until directed by the CITY.
2.2.2 Phase 11 — Study and Design ..Development:
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design.
Development Documents, comprising the drawings, outline specifications and other
documents to fix and describe the size and character of the entire. Project as to construction
and finish materials and other items incidental thevoto as may be appropriate and applicable.
B. The Design Development Documents shall comprise the Proposed Pro ab
Project Timet le
(updated), Outline Specifications, Updated Statement of Probable. Construction Cost, and I
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 -option-, shall be included.
C. The CONSULTANT shall submit and present two (2) sets of all documents required under
this Phase, without additional charge, for approval by the CITY and not proceed with the next,
Phase until diree tiM by the CITY.
D. The CONSULTANT shall at all times rignitor the Probable Constructioll Costs to make
certain, they remain within the total al.located budget. A Notice to Proceed to Phase 111 will
not be issued if the latest statement of Probable Construction Cost exceeds the total allocated
funds.
2,23 Phase 11.1 — Final Design / Construction Documents Develoorne%+
A. From the approved Design Development Documents, the CONSULTANT shall. prepare Final
Construction. Documents settin
g forth in detail the requirements for the construction of the
Project includin 9 the Proposal (Bid) Form and other necessary information r rs
or bidde,.
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 for the preparation of the proposal (bid) forms, Instructions to Bidders,
conditions of Contract and Sper-ifications. The CONSULTANT shall review all existing City
Specifications, for completeness prior to use and shall supply all needed additional.
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of
linework, notes, and dimensions, when the documents are re. duced to 50% of their -size. All
• Professiorial Services Agreanctil
Gaicad Engincerhig Semices
Dowamber 2008
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drawings shall be on 24" x 36" paper ("I)" size), on the City's standard sheet f
ormat, unless
approved otherwise.
C. All construction documents shall be submitted in both "hard copy" and electronic media in a
mutually agreed upon electronic fbrrnat, Taut generally as follows:
I Nero- drawing submittals in Microsoft Office forinat.
2. Drawings in ALAOCAD format.
3. GIS riles should be in AreView format Version 3.2.
When the development of the drawings has progressed to at least 50% completion in Phase
Ill, the CONSULTANT shall submit two (2) copies to the CITY for approval, without
additional charge, along with updated outline specifications. The CONSULTANT shall also
submit at this time e an updated Statement of Probable Construction cost as indicated by time
factor, changes in requirements, or general market conditions and an updated Project
Schedule.
E. The CONSULTANT shall not proceed with the further development until amoval of the
50% documents is receive(] from the CITY. The CON 9 ULTANT shall make all changes to
documents. The 50% complete Check set shall be returned to the ary.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless. the CITY increases
the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G. Upon 100% completion of the Construction I)ocuments, the CONSULTANT shall. submit to
the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies
each of.Chcck Set of.drawings, specifications, reports, programs, etc., without additional
charge, for a final review and comments or approvals.
14. The CONSULTAN'T' shall make all the necessary presentations to the appropriate CITY
Boards (such as Environmental Review Board, Historical. Preservation Board etc for the
final approval.
The CONSULT ANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph.11 if the changes or additions do not alter
the scope of the project as determined under paragraph 2.2. 1 A. The 100 1/o. complete Check,
set shall be returned to the ary. upon final approval by the CITY the CONSULTANT :shall
furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding
purposes, unless instructed otherwise.
J. The CONSULTANT shall an-ange for "dry runs" and/or make final subsnissions to
appropriate authorities (regulatory agencies to include and not limited to City, County, State
or Federal) as necessary, to ascertain that the construction documents meet the necessary
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requirements to obtain all. the necessary 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.
2.2.4 Phase _W -Bidding and Negotiation Phase:
A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the
CITY of the latest Staternent of Probable Construction Cost, the WNSUIJANTshall furnish
the drawings and specifications as indicated above for bidding, and assist the CITY in
obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall
attend all pre: bid conferences. The CONSULTANT shall be present during the bid opening,
and. as part,of his.assistance, to tlie,CITY will tally; evaluate and issue a recommendation to
the CITY after verifying bond, insurance document5, questionnaire and reference submitted
by the constructor.
III The CONSULT I ANT shall issue Addenda through the CITY as appropriate to clarify, correct,
or change ange Bid Documents.
C. If Pre-Qualification of bidders is required asset forth in the Request for Qualification,
CONSUVI 'ANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and r(.-comi-nendacteptliii.c,eor rejection of the prospective bids
D. if the lowest responsible ) . nsible Base Bid received d exceeds the Total. Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable tune with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or
4. suspend. or abandon the Project, or
5. exercise all options under the City Charter and State Law.
Naar -';: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the
CITY in obtaining re -Bids, , ds r I and awarding the re -bid of (he project. Under item (3) above, the
CONSULTANT shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost within. the Total. Allocated Funds. When. the lowest
.responsible bid is over 1.5% of the CONSULTANT estimate.
For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the
project.
2.2.5 Phase V — General Administration of the; Construction Contract:
■ Prof.iSslolkol Services A�reemcnt
Gencrat Hnginec4ntScrVices
December 2008
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A. The Constnlction Phase will begin with the award of the Construction Contract and will. end
when the Contractor's #final. Payment Certificate is approved and paid by the CITY.
B., `file CONSULTANT, as the representative of the CITY during the C:onstructioil Phase, shall
advise and consent with the CITY and shall_ have authority to act on behalf of the CI'T'Y to the
extent provided in the General Conditions and as modified in the Supplementary Conditions
of "the Construction Contract.
C. The CONSULTANT shall atte id pre - construction meetings,
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E, The CONSULTANT .shall. visit the site at least weekly and at all key construction, events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
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 CONSUL TAN "1" may be required to provide continuous
daily ore-site observations to check thc quality or quantity of the WORK as set tort) in this
Agreement and defined by the Scope of NVORK issued. for the individual. project. On the
basis of the ori-site observations, the CONSULTANT will advise the CITY as to the progress
of and any observed defects and deficiencies in the WORK immediately in writing.
17-. The CONSUl.,.'1'AN'1` shall f'urnisla the CI'T`Y with a written report of all observations of the.
WORK made try him during each visit to the NVORK. He shall also note the general status
and progress of the WORK, and shall submit sane in a timely manner. The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely, accurate, and complete
notations on record drawings.
Co. Based on observations at the site and. oil the Contractor's Payment Certificate, the
CONSULTANT shall determine the amount. due the Contractor on account and he shall
recommend approval of the Certificate in such amounts. The recommendation orapproval of
a Payment. Certif"tcate shall constitute: a representation by the CONSULTANT to the CITY
that, he certifies to the CITY that the WORK has progressed to the point indicated, and the
quality of the WORK is in. accordance, with the Contract Documents subject to:
E an evaluation of the WORK Ior conformance with the contract documents upon
substantial completion..
1), the results of'any subsequent tests required b }� the contract documents.
3. minor deviations from the contract doCL1111entN correctable prior to completion and
acceptance of the ptx)ject.
Pmfmional SaNiccs Agfeement
Gateral .E nginecring Services
f?ceenit4m 2008
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H. The CONSULTANT shall have an affirmative duty to recommend rejection or WORK, which
does not conform, to the Contract Dooutmnts. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure compliance with the Contract Documents.. he will
have authority (with the City prior approval) to recommend special inspections or testing of
any WORK deemed not to be in accordance- with the Contract whether or not such WORK
has been fabricated and delivered to theProject, or installed and completed.
1. The CONSULTANT shall promptly review and approve shop drawings, sarn ' ples, and other
submissions of the Contractor for conformance with the design concept of the Project and for
compliance with the Contract Documents, Changes or substitutions to the Contract
Documents shall not be authorized without concurrence with the CITY.
J. -17he CONISMTANT shall review and recommend action on proposed Change Orders within
the scope of the Project initiated by others, and initiate proposed change orders as required by
his own observations.
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 rcquired to be corrected by the Contractor shall be prepared, by the CONSULTANT
in conjunction with representatives of the CITY and satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final Acceptance -and final
payment to the Contractor. He shall obtain fi.bm the Contractor. all warrantics, guarantees,
operating and maintenance manuals for eqt . flprnent, releases of lien and such other domMents
and certificates as may be required. by applicable codes, laws, policy regulations and the
spec,ificati.ons, and deliver them to the CITY.
L. 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
maintenance of any equipment or system,, 2) initial start-up and testing, adjusting and
balancing of equipment and systems, and, 3) final clean-up of the project.
M. The CONSULTANT shall provide the contractor with. three sets of drawings labeled
"Construction Plans" for permit from Public Works.
2.2.6 Phase VI - Post Construction Administration
A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by
the CITY, outlining the implementation plan of all the required maintenance necessary to
keep the proposed WORK operational in a safe and effective manner.
B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based
on information furnished .4
by the )ntractor: such drawings shall become the property of the
ary.
C. The CONSULTANT shall assist in the inspection or the WORK. one month before the
expiration of any guarantee period or the sixth month whichever is earlier and report any
Prx)fessi0hal Smices Agmemcni
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Dc=nbvr 2M8
Page 8 of 17
defective NVORK in the Project under, terms of the guaranteeAvarrantics for correction. He
shall assist th.e CITY with the administration of guarantee/warranties for correction of
defective WORK that may be discovered during the said period.
D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out
l,')ocumen&' that will include as a minimum a copy of-
• Certificates of completion
• As-Bui Its ( 1 /2 size)
• Test Results
• Daily construction inspection reports
• Progress meeting minutes
• Approved shop drawings
• Warranty manvals, as applicable
• Final. release of liens
• Final payment to contractor.
2.3 Additional Professional Services
Additional Services as listed below are no
rmal ly considered to be beyond the scope of the Basic Services for
design and construction, as defined in this Agreement but which are additional servicels, Ahich niay be
authorized within the Scope of Work given the'CONSULTANT.
A.' Special analysis of the CrrY'S needs, and special programming requirements for a project.
11. Financial feasibility, life cycle costing. or other special studies..
C. Planning surveys, site evaluations, or comparative studies of prospective sites.
D. Design services relative, to future. flacilities, systems and equipment, which are not intended to
be constructed as part of a specific Project.
E. Services to investigate existing conditions (excluding utilities) or facilities or to make
measured drawings thereof, or to verify the accult'acy of drawings or other infix-mation
furnished by the CITY.
r. Professional detailed Estiinaae% of Constru ction Cost consisting of quantity su n
eys iternizing.
all material, equipment and labor required for a Project.
G. Consultation concerning replacement of any WORK damaged by fire or other cause during
construction, and furnishing pro&ssional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK, providing the cause is found by the
CITY to be other than by fault of the CONSULTANT.
llrof:,55ioneil Services AgrCemm
(kncral. Fngh=,T!w⪼v!ccs
Mccnibu 2008
Pagc 9 of 17
Ft. Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Conti-act, providing the cause is -found by the CITY to be
other than by fault of the CONSULTANT.
I. Making major revisions changing the Scope of a project, to drawings and specifications 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 CONSUL,rANT. (Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J. The services of one or more full-time Project Representatives.
K. Preparing to serve or serving as an expert witness in connection with. any arbitration
proceeding or legal. proceeding in connection with a Project.
L. Professional services required after approval by the CITY or the Contractor's Requisition for
Final Payment, except as otherwise required Linder Basic. Services.
M. Preparing supporting data, drawings, and specifications as may be, require d for Change Orders
alfecting'the scope of a Project provided the Changes are due to causes found by the CITY, to
be beyond the control of the CONSUL'I'ANT.
sir�ci,JQN 3 -'I INIE )rq OR COMPIX TION:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice
to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the
time based on reasonable determination,, stated in the said Notice to Proceed.
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in
fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of
the CONSULTANT render performance of his duties impossible.
SECTION 4 - BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written .
authorization to proceed to the CONSULTANT. In case of emergency,, the CITY reserves the right to issue
oral authorization to the CONSULTANT, with the understanding that written confirmation will flatlow
immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified
under Section 2-Professional Set-vices the CITY wil I pay the direct costs.
The fees lor Professional 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 CONSULTANT.
Professional Services Arjwmcnt
(kncral Enginccring Scrviccs
Dominbcr 21ODS
Page 10 of 17
A. A fixed SLI= The fee for a. tosk:or a soope of work- may be fixed sum. as mutually agreed tipon
by the CITY and the CONSULTANT:
B. HOL'irly -aw fee; The CITY agrees to pay, and the CONSULTANI I aMes!to accept, for,the
servicesratidered. pursua-M to this .A€ reelTl ent, fees in accordance
with tho followill'y.
C
Principal
Project Manager.
Senior Engineer:
Eti. ineer
Construe tion Mana
r
Construct i;an I Spectioll,
Senior Draflsmanll)xhnic al/CADD. Operator
Draftsmen
[data Trocessing f Clerical
Hourly rates will include all wagge�,, benefits, overhead acid .prat
I'lourl'Y'Rate
$204.00
$160.00
$125.00
$102.00
$152.00
$ 81.00
$ 76.00
$ 65.00
$ 52.00
5 PAYME 1-1. L A. VN
N ,, A
,,, DP
_�_T Nv fka -A P Mr, TS
Tho. C ., 1 TY. Will make Morttlit I yft. t CONSULTANT for .611 authorized.,WORK.
y ra, ents car la. va ents to lie,
perfloni*d during the P'le'vious calendar mjnth. For design and I nstru o (io
n proj eQts . whem.fbe for cacti phase
is not spec if W saich paynient;ishalt in the a gate, 0: excehtago.'o Date
ggrega not exceed th f tile. estil d total Basic
Coropei atinn indi ated belt w for each phase,:
The iCONW"T.shall submifan original invoicelo,the City's ritat
PV0j4C(I..MpM'e ive.
1. The ath-o unit .of-the J.nv..plccs subrnitted shall .be the oitiouiWdue fdr all VORKporfornied.to
dacts Gertifle'd.,by the-CONSULTANT.
Z. The pa
f6r t
recipe s : ent.slial.1 i.aclude the following into ti
a. , y; P
r b, Name -
�pp' t
j I
b. Petal Contract ainount (ICONSEXTA.M.17-s JUID p sum t fees)
tipgo iated upse t limit f
C. Percent: of work corn plete&
Proksgions.1 ServivL6s Agrc6peni
ocnow, Eiv 'n se
_gIII.Mr.l. g .. WMes
Pap t I 'bf 17
d. Amount earned.
e. Amount previously billed.
f. 'Due this invoice.
9• Balance remaining
h. Surnmary of work done this billing period.
L Invoice number and date.
3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll
data for the WORK reflecting salaries and hourly rates.
SEC' ON 6,- RIGHT OFMCISIQNS
All services shall be performed by the CONSULTANT to the satisfaction of the CITVs.representative, who
shall decide all questions, difficulties and disputes of whatever nature which may arise tinder or by reason of
this Agreement, the prosecution, and fulfillment l of the services, and the character, quaky, arnount . and. value
and the re . ese . rittitiv s decisions. sions. upoll. all claims, questions,., and disputes shall. be final, conclusive and
pr
binding, upon the p,, I irties unless such determination I is clearly arbitrary or unreasonable. In the event that the
CONSULTANT does not concur in the judgement of the representative as to :any decisions made by him, he
shall pre sent. his written objections to the City Manager and shall abide by the decision of the City Managen
-Nothing in this section shall. mean to deny the rijah.t to arbitrate, by either parties, in accordance With. the
(ndustry Arbitration Rules of the Arrierican Arbitration Association.
SECTION 7 M
- OWNERSHIP OF DOCUENTS
Al . I repo I rts.:and. reproducible plans, and I other data developed by the CONSU.14ANT for the purpose. of this
Aoreern.ent shall become the property of the CITY without restriction or Iii-nitation in connection with the
owner's use and occupancy of the project.. Reuse of these documents without written agreement. Boni the
CONSULTANT shall be the CITY'S so. - le 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 CITY.
SECTION 8 - COURT APPEARANCES, CON.F ERE NCE.S AND HEARINGS
Nothing in this 6ontractshall obligate the CONSULTANT to prepare rot or appear in litigation on behalf of
the !CITY . , without additional compensation except for any dispute arising out of this contract. The amount of
such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to perf6rnan"- of a
court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during construction of the improvement
contemplated as to interpretation of plans, cori.vetion of errors and omissions and preparation ofany necessary
plan thereof . to correct such errors and omissions or clarify without added compensation.
SECTION 9 - NOTIC]EIS
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other
onsi
Professional Smices Agreenient
General F."Jigiricaing Sery im
December 2D08
Page 12 of 17
communications from the CITY to the CONSUL TAMP' shall be considered delivered when delivered by the
CONSULI'ANT in person or by i-nail to said CONSULTANT or his authorized representative.
SECTION 10 - AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSUIJANTrelated to this Agreement at any time
during the execution of the WORK and for a period of one year after final payment is made. This provision is
applicable only to assignments that are on a. time and cost basis,
SECTION 11 —SUBLErriNc
The CONSULTANT shall not sublet, assign, or transfer. any WORK under this Agreement without the prior
written consent of the MY.
SECTION 12 - WARRANTY
The CONSULTANT warrants that he., lia.snot employed or retained any company or person,, other than a bona
fide employee I 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 other than a bona fide employee working solely for the
CONSULXANI any fee, commission., percentage fee, gits or any other considerations contingent upon or
resulting, fa ip the award or making of this contract. For breach or violation of this warranty the CITY shall
have the right to annul this contract without liability.
.SECTj 13 -TERMINATION OF AGRE EME NT
It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized, in
accordance with the ,provis 4,
,ions of'. Section 4., such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14 -DURATION OF AGREEMENT
This.Agreement, for the purpose of issuing new NVORK shall remain in full force and effect for a period
ending nd beyond such term. or
December 31, 2011 although the act at completion of performance may exte
until the, depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of tile
parties hereto.
SECTION 15 - RENEWAL OPTION
This agreement may be rene-wed, at thesole discretion of the. CITY, for an additional period of one yearat the
end of the initial period.
SECTION 16 - DEFAULT
In tbe event either party fails to comply with the provisi I
ons of this Agreement, the aggrieved party may
declare the other party in default 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 CONSULI-AN-1" shall return such sums to the CITY within ten (10)
days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions
of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall
• Profm lonal Suvimq ♦grWillent
Gaveri, Enginccring Services
DecemLicy 2009
Ragc 13 of 17
attorney's Fees awarded against the CITY exceed 25% of the award for damages., The CITY does not waive
sovereign immunity from awards of prejudgment interest.
SECTION .17 - INSURANCE A_rNl INDEMNIFICATION
The CONSULTANT shall not commence WORK on this AAgreement until he has obtained.all insurance
required by the CITY. The CONSUL'TAN'T' shall indernnify and save the CITY harmless from any and all
claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the
CONSULTANT incident to the performance of the CONSULTANTS professional services tinder this
Agreement, The CONSUi.TANT shall.pay all claims and losses of any nature whatsoever, in. connection
therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any
claims, which may result from actions or omissions of the C.ONSULTANT's actions, in reviewing,,
approving or rejecting any submi5sion5 or :acts of the CONSULTANT, the CITY in no way assumes or shares
responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this
Agreement.
The CONSULTANT shall. maintain during the terra of this Agreement the following insurance.
A. professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any,
not to, e exceed 5,% of the limit of liability providing for all sums which the CONSULTANT
shall become legally obligated to pay as damages for claims arising out of the services
perforYr ed by the CONSULTANT or any person employed by him in connection with this
Agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
CONSULTANT may purchase Specific Project professional Liability Insurance which is also
acceptable.
B. Comprehensive general liability insurance with. broad form endorsement, including
automobile liability, completed operations and products liability, contractual liability,
seti�erab.ility of interest with cross liability provision, and personal injuty 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 shall
reflect the hold harmless provision contained herein.
C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as
presently written or hereafter amended.
D. The policies except for Section 1.7 A shall contain wa ver of subrogation against CITY where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance: that CITY may have. The CITY reserves the right to request a copy of
the required policies for review. All policies shall contain a "severabi.lity of interest" or
"cross liability" clause without obligation for premium payment of the CITY.
Prnfesgioiiat Services Agreement
Ocnaal Fligineering Services
[h-combcr 2008
Pap 14 of 17
E. All of the above insurance is to be placed with Best rated A-8 or better insurance companies,
qualified to do business under the laws of the State ref f Florida.
The CONSULTANT shall furnish certificates of insuranoc to the CITI Y prior to the commencement of
operations, which. certificates, shall clearly indicate that the CONSSUIJANT has obtained insurance in the
type, arnount, and classification as required for strict compliance with this Section and that no reduction in
limits by endorsement during the policy term. or cancellation of this insurance shall be effective Without 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 tinder any other portion of this Agreement.
SECTION 1.8 - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services,
SECTION 19 - CO I MRS, .0jZI)INAINCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County,
State and Federal codes, I ordinances and laws in efi bct at the time of design which have a.dire'et bearing on the
WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached) pursuant to FS 287.133(3)(a).
SIXTION 20 - ENTIRETY OF ACRE MVIENT
This writing embodies the entire Agreement and understanding between the parties hereto, and there are no
other Agreements and understandings, oral. or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
No alteration, change, or modification. of the terms of this Agreement shall be valid unless rnade in writing
and signed by both parties hereto, upon appropriate action by the City Commissioner
• Professional S4cnrI,vmsAgrt!cinenI
General Enghiccring ScrVices
December 2008
Page 15 of 17
IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
Authority of lee:.olut:.ion 14o.205 -08 -12802
duly passed and adopted by -tie South
Miami. City Commission or) Dccembe.r. 7., 2008
ATTEST: CITY OF SOUTH MIAMI
Maria Menendez, City Clerk W. Ajibola Balogun, City Manager
CONS Ul.XA NT:
STATE OF 1, OR I DA }
ss: Acknowledgement orcity of South Miami
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this of_. , 20� by
W.Ajibola Ballogun and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF
SOU-1-1 I MIAMI, on behalf of the CITY, who are personally .known to nic.
Notary Public, State of Florida
Print name:
Commission No:
STATI OF FLORIDA )
ss: Acknowledgement of Consultant
COUNTY OF DADE: )
• Profossionat Services Agreement
Gancrat Foginttriag Services
December 2008
Page 16 of 17
40
TI ffjre;going 'nstru nt was ackn wledgc } befo e ino this day of�t'rva _., 24(9 by
'�.� j— of /�jM r1 �g�h If of the C�NSiat.TANT.
n iticati yn.
He 1s personally known to me or has produced ,o as
c t e �
Amy M. LIcd6
?�'' SCOMMISSION #00681069
EXPIRES: JULY 23 2011
WWW.AARONNOTAffycom
Notary P ' , State of Florida
� /
Print name—,44v I � , L
Commission No: O 0/
APPROVED AS TO FORM & CON11 N`l..
I ;tiis Figueredo, City Attorney
• Professional Serviecs Agrccmcni
(,encral Isngioccring scrviccs
Deccnthcr 2008
I' :,gc 17 or 17
PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this day of , 20 by and between the CITY
OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and T.Y. LIN
INTERNATIONAL I H.J. ROSS, authorized to do business in the State of Florida, referred to as the
"CONSULTANT ".
In consideration of the premises and the mutual covenants contained in this agreement, the CITY
agrees to employ the CONSULTANT for a period ending on December 31, 2011, and the CONSULTANT
agrees to perform all professional 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 $50,000.00, herein after called the "SERVICES ".
SECTION 1 - GENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as
defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as
specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work
performed by other professional consultants or for other miscellaneous engineering services that may
be required.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The
CITY reserves, at all times, the right to perform any and all engineering work in -house or with
other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to
CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the
CONSULTANT. The CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited by the CITY outside of this agreement.
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK; the time needed to complete the WORK and the fee for the services to be
rendered in connection with the WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice
to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with
the preparation of any proposal.
1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the
CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice
to Proceed.
1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which
their presence is required.
1.7 The CITY agrees to designate a representative who, 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 CONSULTANT'S services. The CONSULTANT shall
keep the CITY'S representative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
SECTION 2 - PROFESSIONAL SERVICES
2.1 General En in�g Services
The professional services to be provided by the consultant are as follows:
A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic
control devices, stripping, lighting, irrigation, speed reduction devices and incidental
landscaping.
B. Drainage Design includes the necessary analysis needed to implement proposed drainage
improvements, preparation of paving and drainage plan for municipal building and facilities.
C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and
Sanitary Sewer System Evaluation and design.
D. Environmental Engineering, to including, site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks, hazardous waste materials and
asbestos materials.
E. Traffic engineering Services will include daily volume counts, data analysis, preparation of
conceptual improvements plan, present reports and recommendations to stakeholders and
preparation of final traffic engineering report.
F. Other incidental services associated to the above items.
2.2 Basic Services
The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through
2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services
are authorized.
Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional
engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to
co- ordinate his effort with that of any other engineering, landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by
■ Professional Services Agreement
General Engineering Services
December 2008
Page 2 of 17
the CITY shall prepare the final bid package including bid documents and specifications, which shall be
prepared by, and be the responsibility of the respective disciplines.
2.2.1 Phase I- Preliminary and Schematic Design:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the full scope of the Project that will meet the program requirements, and shall
advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to
accomplish the program requirements.
B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the
program requirements will be met.
C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of
the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise),
Schematic Design Studies (unless advised otherwise) as defined below, 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.
E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow-
up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent
planning criteria used for the Project.
F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations,
sections, etc. as required to show the scale and relationship of the parts and the design concept
of the whole. A simple perspective sketch, rendering, model or photograph thereof may be
provided to further show the design concept.
G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for
their approval when the project requires such approval. The Consultant shall make copies
necessary for presentation to the Board at no additional cost to City.
H. The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict
with their utilities.
I. The Statement of Probable Construction Cost shall include estimated cost of the Project
including fixed equipment, professional fees, contingencies (if any), escalation factors
adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if
Professional Services Agreement
General Engineering Services
December 2008
Page 3 of 17
applicable). The CONSULTANT'S opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANT'S experience and
qualifications and. represent CONSULTANT'S best judgement as . an experienced and
qualified professional engineer, familiar with the local construction industry and prices.
J. The CONSULTANT shall submit and present two (2) copies of all documents required under
this Phase, without additional charge, for approval by the CITY and he shall not proceed with
the next Phase until directed by the CITY.
2.2.2 Phase II — Study and Design Development:
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design
Development Documents, comprising the drawings, outline specifications and other
documents to fix and describe the size and character of the entire Project as to construction
and finish materials and other items incidental thereto as may be appropriate -and applicable.
B. The Design Development Documents .shall comprise the Proposed Project Timetable
(updated), Outline Specifications, Updated Statement of Probable Construction 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 all documents required under
this Phase, without additional charge, for approval by the CITY and not proceed with the next
Phase until directed by the CITY.
D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make
certain they remain within the total allocated budget. A Notice to Proceed to Phase III will
not be issued if the latest statement of Probable Construction Cost exceeds the total allocated
funds.
2.2.3 Phase III — Final Design / Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction of the
Project including the Proposal (Bid) Form and other necessary information for bidders,
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 for the preparation of the proposal (bid) forms, Instructions to Bidders,
conditions of Contract and Specifications. The CONSULTANT shall review all existing City
Specifications, for completeness prior to use and shall supply all needed additional
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of
linework, notes, and dimensions, when the documents are reduced to 50% of their size. All
■ Professional Services Agreement
General Engineering Services
December 2008
Page 4 of 17
drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet 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, but generally as follows:
1. Non - drawing submittals in Microsoft Office format.
2. Drawings in AutoCAD format.
3. GIS files should be in ArcView format Version 3.2.
D. When the development of the drawings has progressed to at least 50% completion in Phase
III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without
additional charge, along with updated outline specifications. The CONSULTANT shall also
submit at this time an updated Statement of Probable Construction cost as indicated by time
factor, changes in requirements, or general market conditions and an updated Project
Schedule.
E. The CONSULTANT shall not proceed with the further development until approval of the
50% documents is received from the CITY. The CONSULTANT shall make all changes to
documents. The 50% complete Check set shall be returned to the CITY.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases
the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to
the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies
each of Check Set of drawings, specifications, reports, programs, etc., without additional
charge, for a final review and comments or approvals.
H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY
Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the
final approval.
I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph H if the changes or additions do not alter
the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check
set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall
furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding
purposes, unless instructed otherwise.
J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to
appropriate authorities (regulatory agencies to include and not limited to City, County, State
or Federal) as necessary, to ascertain that the construction documents meet the necessary
Professional Services Agreement
General Engineering Services
December 2008
Page 5 of 17
requirements to obtain all the necessary 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.
2.2.4 Phase IV - Bidding and nd Negotiation Phase:
A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the
CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding, and assist the CITY in
obtaining bids and awarding and preparing construction contracts. The 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 recommendation to
the CITY after verifying bond, insurance documents, questionnaire and reference submitted
by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct
or change Bid Documents.
C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and recommend acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or
4. suspend or abandon the Project, or
5. exercise all options under the City Charter and State Law.
NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the
CITY in obtaining re -bids, and awarding the re -bid of the project. Under item (3) above, the
CONSULTANT shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest
responsible bid is over 15% of the CONSULTANT estimate.
E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the
project.
2.2.5 Phase V — General Administration of the Construction Contract:
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A. The Construction Phase will begin with the award of the Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
B. The CONSULTANT, as the representative of the CITY 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 modified in the Supplementary Conditions
of the Construction Contract.
C. The CONSULTANT shall attend pre - construction meetings.
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E. The CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
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 CONSULTANT may be required to provide continuous
daily on -site observations to check the quality or quantity of the 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 WORK immediately in writing.
F. The CONSULTANT shall furnish the CITY with a written 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 of the WORK, and shall submit same in a timely manner. The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely, accurate, and complete
notations on record drawings.
G. Based on observations at the site and on the Contractor's Payment Certificate, the
.CONSULTANT shall determine the amount due the Contractor on account and he shall
recommend approval of the Certificate in such amounts. The recommendation of approval of
a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY
that, he certifies to the CITY that the WORK has progressed to the point indicated, and the
quality of the WORK is in accordance with the Contract Documents subject to:
1. an evaluation of the WORK for conformance with the contract documents upon
substantial completion.
2. the results of any subsequent tests required by the contract documents.
3. minor. deviations from the contract documents correctable prior to completion and
. acceptance of the project.
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H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which
does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure compliance with the Contract Documents, he will
have authority (with the City's prior approval) to recommend special inspections or testing of
any WORK deemed not to be in accordance with the Contract whether or not such WORK
has been fabricated and delivered to the Project, or installed and completed.
I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other
submissions of the Contractor for conformance with the design concept of the Project and for
compliance with the Contract Documents. Changes or substitutions to the Contract
Documents shall not be authorized without concurrence with the CITY.
J. The CONSULTANT shall review and recommend action on proposed Change Orders within
the scope of the Project initiated by others, and initiate proposed change orders as required by
his own observations.
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 CONSULTANT
in conjunction with representatives of the CITY and satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final Acceptance and final
payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees,
operating and maintenance manuals for equipment, releases of lien and such other documents
and certificates as may be required by applicable codes, laws, policy regulations and the
specifications, and deliver them to the CITY.
L. 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
maintenance of any equipment or system, 2) initial start-up and testing, adjusting and
balancing of equipment and systems, and, 3) final clean -up of the project.
M. The CONSULTANT shall provide the contractor with three sets of drawings labeled
"Construction Plans" for permit from Public Works.
2.2.6 Phase VI - Post Construction Administration
A. The CONSULTANT shall prepare and provide the CITY with a written manual,. to be used by
the CITY, outlining the implementation plan of all the required maintenance necessary to
keep the proposed WORK operational in a safe and effective manner.
B. The CONSULTANT shall furnish to the CITY. reproducible record drawings updated based
on information furnished by the Contractor; such drawings shall become the property of the
CITY.
C. The CONSULTANT shall assist in the inspection of the WORK one month before the
expiration of any guarantee period or the sixth month whichever is earlier and report any
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defective WORK in the Project under terms of the guarantee /warranties for correction. He
shall assist the CITY with the administration of guarantee /warranties for correction of
defective WORK that may be discovered during the said period.
D. The CONSULTANT shall furnish the City with a 3 -ring binder labeled "Close -out
Documents" that will include as a minimum a copy of:
• Certificates of completion
• As- Builts (1/2 size)
• 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 defined in this Agreement but which are additional services which may be
authorized within the Scope of Work given the CONSULTANT.
A. Special analysis of the CITY'S needs, and special programming requirements for a project.
B. Financial feasibility, life cycle costing or other special studies.
C. Planning surveys, site evaluations, or comparative studies of prospective sites.
D. Design services relative to future facilities, systems and equipment, which are not intended to
be constructed as part of a specific Project.
E. Services to investigate existing conditions (excluding utilities) or facilities or to make
measured drawings thereof, or to verify the accuracy of drawings or other information
furnished by the CITY.
F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material, equipment and labor required for a Project.
G. _ Consultation concerning replacement of any WORK damaged by fire or other cause during
construction, and furnishing professional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK, providing the cause is found by the
CITY to be other than by fault of the CONSULTANT.
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H. ' Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Contract, providing the cause is found by the CITY to be
other than by fault of the CONSULTANT.
I. Making major revisions changing the Scope of a project, to drawings and specifications 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 CONSULTANT. (Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J. The services of one or more full -time Project Representatives.
K. Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding in connection with 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 for Change Orders
affecting the scope of a Project provided the Changes are due to causes found by the CITY, to
be beyond the control of the CONSULTANT.
SECTION 3 - TIME FOR COMPLETION:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice
to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the
time based on reasonable determination, stated in the said Notice to Proceed.
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in
fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of
the CONSULTANT render performance of his duties impossible.
SECTION 4 - BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written
authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue
oral authorization to the CONSULTANT, with the understanding that written confirmation will follow
immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified
under Section 2- Professional Services the CITY will pay the direct costs.
The fees for Professional 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 CONSULTANT.
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December 2008
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A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon
by the CITY and the CONSULTANT:
B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the
services rendered pursuant to this Agreement, fees in accordance with the following:
Category Hourly Rate
Principal $150
Project Manager $120
Senior Engineer $100
Engineer $ 90
Construction Manager $100
Construction Inspection $ 65
Senior Draftsman/Technical/CADD Operator $ 75
Draftsmen $ 65
Data Processing / Clerical $ 50
Hourly rates will include all wages, benefits, overhead and profit.
SECTION 5 - PAYMENT AND PARTIAL PAYMENTS
The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar month. For design and construction projects where fee for each phase
is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic
Compensation indicated below for each phase:
15% upon completion and approval of Phase I.
35% upon completion and approval of Phase H.
55% upon submittal and approval of 50% complete drawings and outline specifications of Phase
75% upon 100% completion and approval of Phases III and IV.
90% upon completion of the Project and approval of all WORK Phase V).
100% upon final completion and approval of WORK elements A and B of Phase VI.
The CONSULTANT shall submit an original invoice to the City.s project representative.
The invoice shall contain the following information:
1. The amount of the invoices submitted shall be the amount due for all WORK performed to
date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
C. Percent of work completed.
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d. Amount earned.
e. Amount previously billed.
f. Due this invoice.
g. Balance remaining
h. Summary of work done this billing period.
i. Invoice number and date.
3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll
data for the WORK reflecting salaries and hourly rates.
SECTION 6 - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who
shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value
and the representative's decisions upon all ,claims, questions, and disputes shall be final, conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the
CONSULTANT does not concur in the judgement of the representative as to any decisions made 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 with 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 CONSULTANT for the purpose of this
Agreement shall become the property of the CITY without restriction or limitation in connection with the
owner's use and occupancy of the project. Reuse of these documents without written agreement from the
CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT.
When each individual section of the WORK completed under this Agreement is complete; all of the above
data shall be delivered to the CITY.
SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of
the CITY without additional compensation except for any dispute arising out of this contract. The amount of
such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during construction of the improvement
contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9 - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other
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communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSULTANT or his authorized representative.
SECTION 10 - AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time
during the execution of the WORK and for a period of one year after final payment is made. This provision is
applicable only to assignments that are on a time and cost basis.
SECTION 11— SUBLETTING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior
written consent of the CITY.
SECTION 12 - WARRANTY
The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not
paid or agreed to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall
have the right to annul this contract without liability.
SECTION 13 - TERMINATION OF AGREEMENT
It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14 - DURATION OF AGREEMENT
This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 31, 2011, although the actual completion of performance may extend beyond such term, or
until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the
parties hereto.
SECTION 15 - RENEWAL OPTION
This agreement may be renewed, at the sole discretion of the CITY, for an additional period of one year at the
end of the initial period.
SECTION 16 - DEFAULT
In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may
declare the other party in default 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 sums to the CITY within ten (10)
days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions
of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall
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attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive
sovereign immunity from awards of prejudgment interest.
SECTION 17 - INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all
claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the
CONSULTANT incident to the performance of the CONSULTANT'S professional services under this
Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection
therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any
claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing,
approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares
responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this
Agreement.
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
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 as damages for claims arising out of the services
performed by the CONSULTANT or any person employed by him in connection with this
Agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
CONSULTANT may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including
automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury 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 shall
reflect the hold harmless provision contained herein.
C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as
presently written or hereafter amended.
D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance that CITY may have. The CITY reserves the right to request a copy of
the required policies for review. All policies shall contain a " severability of interest" or
"cross liability" clause without obligation for premium payment of the CITY:
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E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies,
qualified to do business under the laws of the State of Florida.
The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of
operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the
type, amount, and classification as required for strict compliance with this Section and that no reduction in
limits by endorsement during the policy term, or cancellation of this insurance shall be effective without 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.
SECTION 18 - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
SECTION 19 - CODES, ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County,
State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the
WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached) pursuant to FS 287.133(3)(a).
SECTION 20 - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties hereto, and there are no
other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing .
and signed by both parties hereto, upon appropriate action by the City Commissioners.
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December 2008
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IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
.Authority of Resolution No.205 -08 -12802
duly passed and adopted by the South
Miami City Commission on December 2, 2008
ATTEST: CITY OF SOUTH MIAMI
Maria Menendez,
A
Fl,(�FLO � A )
ss: Acknowledgement of City of
COUNTY OF DAD )
W. Ajibola Balogun, City Manager
CONSULTANT:
The foregoing instrument was acknowledged before me this day of , 20_ by
W.Ajibola Balogun and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF
SOUTH MIAMI, on behalf of the CITY, who are personally known to me.
Notary Public, State of Florida
Print name:
Commission No:
STATE OF FLORIDA )
ss: Acknowledgement of Consultant
COUNTY OF DADE )
I
• Professional Services Agreement
General Engineering Services
December 2008
Page 16 of 17
The foregoi g instrument was acknowledged
o
before �me
1�5/�i� +7(2l�SY
this day of )2gC�by
. on behalf of the CONSULTANT.
as id entification.
He is personally known to_Qr ha nprod
,�r►� • Motsry Puhne State of Rod a
iT Y; Trudy L Molendyk
+' My Commission pl)481195
°i J„ .40 Sxpiroe 08/2112009
APPROVED AS TO FORM & CONTENT
Luis Figueredo, City Attorney
Professional Services Agreement
General Engineering Services
December 2008
Page 17 of 17
'1
Notary ublic, S ate of Florida
Print name: U!
Commission No.]
PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this day of , 20 by and between the CITY
OF SOUTH. MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and EAC
CONSULTING, INC, authorized to do business in the State of Florida, referred to as the "CONSULTANT ".
In consideration of the premises and the mutual covenants contained in this agreement, the CITY
agrees to employ the CONSULTANT for a period ending on December 31, 2011, and the CONSULTANT
agrees to perform all professional 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 $50,000.00, herein after called the "SERVICES ".
SECTION 1- GENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as
defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as
specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work
performed by other professional consultants or for other miscellaneous engineering services that may
be required.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The
CITY reserves, at all times, the right to perform any and all engineering work in -house or with
other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to
CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the
CONSULTANT. The CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited by the. CITY outside of thi9veement-1,
44
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK; the time needed to complete the WORK and the fee for the services to be
rendered in connection with the WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice
to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with
the preparation of any proposal.
1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the
CITY files pertaining to the WORK to be performed under thAree ment promptly after each Notice
to Proceed. ta� �,� i // � ao� �r
J }Lt
1.6 The CONSULTANT agrees to produce and distribute minutes, promptly •after each meeting at which
their presence is required.
1.7 The CITY agrees to designate a representative who, 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 CONSULTANT'S services. The CONSULTANT shall
keep the CITY'S representative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approv*n writing.
� �lt�o%
SECTION 2 - PROFESSIONAL SERVICES
2.1 General Engineering Services
co ms u L.-"^A) r jo
The professional services to be provided by the rWnsuulitanntt�are as follows:
A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic
control devices, stripping, lighting, irrigation, speed reduction devices and incidental
landscaping.
B. Drainage Design includes the necessary analysis needed to implement proposed drainage
improvements, preparation of paving and drainage plan for municipal building and facilities.
C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and
Sanitary Sewer System Evaluation and design.
D. Environmental Engineering, to including, site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks, hazardous waste materials and
asbestos materials.
E. Traffic engineering Services will include daily volume counts, data analysis; preparation of
conceptual improvements plan, present reports and recommendations to stakeholders and
preparation of final traffic engineering report.
F. Other incidental services associated to the above items.
2.2 Basic Services
The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through
2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services
are authorized.
Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional
engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to
co- ordinate his effort with that of any other engineering, landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by
the CITY shall prepare the final bid package including bid documents and specifications, which shall be
prepared by, and be the responsibility of the respective disciplines.
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December 2008
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2.2.1 Phase I-Preliminga and Schematic Design:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the full scope of the Project that will meet the program requirements, and shall
advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to
accomplish the program requirements.
B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the
program requirements will be met.
C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of
the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise),
Schematic Design Studies (unless advised otherwise) as defined below, 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.
E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow-
up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent
planning criteria used for the Project.
F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations,
sections, etc. as required to show the scale and relationship of the parts and the design concept
of the whole. A simple perspective sketch, rendering, model or photograph thereof may be
provided to further show the design concept.
G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for
their approval when the project requires such approval. The Consultant shall make copies
necessary for presentation to the Board at no additional cost to City.
H. The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict
with their utilities.
I. The Statement of Probable Construction Cost shall include estimated cost of the Project
including fixed equipment, professional fees, contingencies (if any), escalation factors
adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if
applicable). The CONSULTANT'S opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANT'S. experience and
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General Engineering Services
December 2008
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qualifications and represent CONSULTANT'S best judgement as an experienced and
qualified professional engineer, familiar with the local construction industry and prices.
J. The CONSULTANT shall submit and present two (2) copies of all documents required under
this Phase, without additional charge, for approval by the CITY and he shall not proceed with
the next Phase until directed by the CITY.
2.2.2 Phase H — Study and Design Development:
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design
Development Documents, comprising the drawings, outline specifications and other
documents to fix and describe the size and character of the entire Project as to construction
and finish materials and other items incidental thereto as may be appropriate and applicable.
B. The Design Development Documents shall comprise the Proposed Project Timetable.
(updated), Outline Specifications, Updated Statement of Probable Construction 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 all documents required under
this Phase, without additional charge, for approval by the `CITY and not proceed with the next
Phase until directed by the CITY.
D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make
certain they remain within the total allocated budget. A Notice to Proceed to Phase III will
not be issued if the latest statement of Probable Construction Cost exceeds the total allocated
funds.
2.2.3 Phase III — Final Design / Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction 'of the
Project including the Proposal (Bid) Form and other necessary information for bidders,
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 for the preparation of the proposal (bid) forms, Instructions to Bidders,
conditions of Contract and Specifications. The CONSULTANT shall review all existing City
Specifications, for completeness prior to use and shall supply all needed additional
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of
linework, notes, and dimensions, when the documents are reduced to 50% of their size. All
drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet format, unless
approved otherwise.
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C. All construction documents shall be submitted in both "hard copy" and. electronic media in a
mutually agreed upon electronic format, but generally as follows:
I. Non - drawing submittals in Microsoft Office format.
2. Drawings in AutoCAD format.
3. GIS files should be in ArcView format Version 3.2.
D. When the development of the drawings has progressed to at least 50% completion in Phase
III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without
additional charge, along with updated outline specifications. The CONSULTANT shall also
submit at this time an updated Statement of Probable Construction cost as indicated by time
factor, changes in requirements, or general market conditions and an updated Project
Schedule.
E. The CONSULTANT shall not proceed with the further development until approval of the
50% documents is received from the CITY. The CONSULTANT shall make all changes to
documents. The 50% complete Check set shall be returned to the CITY.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases
the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to
the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies
each of Check Set of drawings, specifications, reports, programs, etc., without additional
charge, for a final review and comments or approvals.
H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY
Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the
final approval.
I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph H if the changes or additions do not alter
the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check
set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall
furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding
purposes, unless instructed otherwise.
J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to
appropriate authorities (regulatory agencies to include and not limited to City, County, State
or Federal) as necessary, to ascertain that the construction documents meet the necessary
requirements to obtain all the necessary 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.
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General Engineering Services
Aecember 2008
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2.2.4 Phase IV - Bidding and Negotiation Phase:
A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the
CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding, and assist the CITY in
obtaining bids and awarding and preparing construction contracts. The 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 recommendation to
the ,CITY after verifying. bond, insurance documents, questionnaire and reference submitted
by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct
or change Bid Documents.
C. If Pre- Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and recommend acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or
4. suspend or abandon the Project, or
5. exercise all options under the City Charter and State Law.
NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the
CITY in obtaining re-bids, and awarding the re-bid of the project. Under item (3) above, the
CONSULTANT shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest
responsible bid is over 15% of the CONSULTANT estimate.
E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the
project.
2.2.5 Phase V — General Administration of the Construction Contract:
A. The Construction Phase will begin with the award of the Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
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B. The CONSULTANT, as the representative of the CITY 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 modified in the Supplementary Conditions
of the Construction Contract.
C. The CONSULTANT shall attend pre- construction meetings.
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E. The CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
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 CONSULTANT may be required to provide continuous
daily on -site observations to check the quality or quantity of the 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 WORK immediately in writing.
F. The CONSULTANT shall furnish the CITY with a written 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 of the WORK, and shall submit same in a timely manner. The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely, accurate, and complete
notations on record drawings.
G. Based on observations at the site and on the Contractor's Payment Certificate, the
CONSULTANT shall determine the amount due the Contractor on account and he shall
recommend approval of the Certificate in such amounts.. The recommendation of approval of
a Payment Certificate shall constitltte a representation by the CONSULTANT to the CITY
that, he certifies to the CITY that the WORK has progressed to the point indicated, and the
quality of the WORK is in accordance with the Contract Documents subject to:
1. an evaluation of the WORK for conformance with the contract documents upon
substantial completion.
2. the results of any subsequent tests required by the contract documents.
3. minor deviations from the contract documents correctable prior to completion and
acceptance of the project.
H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which
does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure compliance with the Contract Documents, he will
have authority (with the City's prior approval) to recommend special inspections or testing of
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any WORK deemed not to be in accordance with the Contract whether or not such WORK
has been fabricated and delivered to the Project, or installed and completed.
i. The CONSULTANT shall promptly review and approve shop drawings, samples, and other
submissions of the Contractor for conformance with the design concept of the Project and for
compliance with the Contract Documents. Changes or substitutions to the Contract
Documents shall not be authorized without concurrence with the CITY.
J. The CONSULTANT shall review and recommend action on proposed Change Orders within
the scope of the Project initiated by others, and initiate proposed change orders as required by
his own observations.
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 CONSULTANT
in conjunction with representatives of the CITY and satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final. Acceptance and final
payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees,
operating and 'maintenance manuals for equipment, releases of lien and such other documents
and certificates as may be required by applicable codes, laws, policy regulations and the
specifications, and deliver them to the CITY.
L. 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,
maintenance of any equipment or system, 2) initial start -up and testing, adjusting and
balancing of equipment and systems, and, 3) final clean-up of the project.
M. The CONSULTANT shall provide the contractor with three sets of drawings labeled
"Construction Plans" for permit from Public Works.
2.2.6 Phase VI - Post Construction Administration
A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by
the CITY, outlining the implementation plan of all the required maintenance necessary to
keep the proposed WORK operational in a safe and effective manner.
B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based
on information furnished by the Contractor: such drawings shall become the property of the
CITY.
C. The CONSULTANT shall assist in the inspection of the WORK one month before the
expiration of any guarantee period or the sixth month whichever is earlier and report any
defective WORK in the Project under terns of the guarantee/warranties for correction. He
shall assist the CITY with the administration of guarantee /warranties for correction of
defective WORK that may be discovered during the said period.
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D. The CONSULTANT shall furnish the City with a 3 -ring binder. labeled "Close -out
Documents" that will include as a minimum a copy of
• Certificates of completion
• As- Builts (1/2 size)
• Test Results
• Daily construction inspection reports
• Progress meeting minutes
• Approved shop drawings
• Warranty manuals as applicable
• FinaI 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 defined in this Agreement but which are additional services which may be
authorized within the Scope of Work given the CONSULTANT.
A. Special analysis of the CITY'S needs, and special programming requirements for a project.
B. Financial feasibility, life cycle costing or other special studies.
C. Planning surveys, site evaluations, or comparative studies of prospective sites.
D. Design services relative to future facilities, systems and equipment, which are not intended to
be constructed as part of a specific Project.
E. Services to investigate existing conditions (excluding utilities) or facilities or to make
measured drawings thereof, or to verify the accuracy of drawings or other information
furnished by the CITY.
F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material, equipment and labor required for a Project.
G. Consultation concerning replacement of any WORK damaged by fire or other cause during
construction, and furnishing professional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK, providing the cause is found by the
CITY to be other than by fault of the CONSULTANT.
H. Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Contract, providing the cause is found by the CITY to be
other than by fault of the CONSULTANT.
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I. Making major revisions changing the Scope of a project, to drawings and specifications 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 CONSULTANT. (Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J. The services of one or more full -time Project Representatives.
K. Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding in connection with 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 for Change Orders
affecting the scope of a Project provided the Changes are due to causes found by the CITY, to
be beyond the control of the CONSULTANT.
SECTION 3 - TIME FOR COMPLETION:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice
to Proceed from the. CITY subsequent to the execution of this Agreement and shall be completed within the
time based on reasonable determination, stated in the said Notice to Proceed.
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in
fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of
the CONSULTANT render performance of his duties impossible.
SECTION 4 - BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written
authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue
oral authorization to the CONSULTANT, with the understanding that written confirmation will follow
immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified
under Section 2- Professional Services the CITY will pay the direct costs.
The fees for Professional 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 CONSULTANT.
A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon
by the CITY and the CONSULTANT:
B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the
services rendered pursuant to this Agreement, fees in accordance with the following:
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Categga
Proiect Manager /6f. 0 0
Data Processing / Clerical �,'� . 00
Hourly rates will include all wages, benefits, overhead and profit.
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SECTION 5 - PAYMENT AND PARTIAL PAYMENTS
The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar month. For design and construction projects where fee for each phase
is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic
Compensation indicated below for each phase:
15% upon completion and approval of Phase I.
35% upon completion and approval of Phase II.
55% 'upon submittal and approval of 50% complete drawings and outline specifications of Phase
III.
75% upon 100% completion and approval of Phases III and IV.
90% upon completion of the Project and approval of all WORK Phase V).
100% upon final completion and approval of WORK elements A and B of Phase VI.
The CONSULTANT shall submit an original invoice to the City's project representative.
The invoice shall contain the following information:
1. The amount of the invoices submitted shall be the amount due for all WORK performed to
date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
C. Percent of work completed.
d. Amount earned.
e. Amount previously billed.
£ Due this invoice.
g. Balance remaining
h. Summary of work done this billing period.
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General Engineering Services
December 2048
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i. Invoice number and date.
3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll
data for the WORK reflecting salaries and hourly rates.
SECTION 6 - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who
shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value
and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the
CONSULTANT does not concur in the judgement of the representative as to any decisions made 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 with the
Industry Arbitration Rules of the American Arbitration Association.
SECTION 7 - OWNERSEU OF DOCUMENTS
All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this
Agreement shall become the property of the CITY without restriction or limitation in connection with the
owner's use and occupancy of the project. Reuse of these documents without written agreement from the
CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT.
When each individual section of the WORK completed under this Agreement is complete; all of the above
data shall be delivered to the CITY.
SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of
the CITY without additional compensation except for any dispute arising out of this contract. The amount of
such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during construction of the improvement
contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9 - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other
communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSULTANT or his authorized representative.
SECTION 10 - AUDTT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time
during the execution of the WORK and for a period of one year after final payment is made. This provision is
applicable only to assignments that are on a time and cost basis.
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December 2008
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�l
SECTION 11— SUBLETTING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior
written consent of the CITY.
SECTION 12 - WARRANTY
The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not
paid or agreed to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall
have the right to annul this contract without liability.
SECTION 13 - TERMINATION OF AGREEMENT
It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14 - DURATION OF AGREEMENT
This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 31, 2011, although the actual completion of performance may extend beyond such term, or
until the depletion of fiends allocated for the WORK, or unless otherwise terminated by mutual consent of the
parties hereto.
oil
SECTION 15 - RENEWAL OPTION 4 it
This greement may be renewed, at the sole discretion of the CITY, for an additional period of one�year at the
end o the initial period.
SECTION 16 - DEFAULT
In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may
declare the other parry in default 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 sums to the CITY within ten (10)
days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions
of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall
attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive
sovereign immunity from awards of prejudgment interest.
SECTION 17 - INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all
■ Professional Services Agreement
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December 2008
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claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the
CONSULTANT incident to the performance of the CONSULTANT'S professional services under this
Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection
therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any
claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing,
approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares
responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this
Agreement.
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
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 as damages for claims arising out of the services
performed by the CONSULTANT or any person employed by him in connection with this
Agreement. This insurance shall be maintained fox three years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
CONSULTANT may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including
Automobile liability; completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury 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 shall
reflect the hold harmless provision contained herein.
C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as
presently written or hereafter amended.
D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance that CITY may have. The CITY reserves the right to request a copy of
the required policies for review. All policies shall contain a " severability of interest" or
"cross liability" clause without obligation for premium payment of the CITY.
E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies,
qualified to do business under the laws of the State of Florida.
The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of
operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the
type, amount, and classification as required for strict compliance with this Section and that no reduction in
• Professional Services Agreement
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December 2008
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limits by endorsement during the policy term, or cancellation of this insurance shall be effective without 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.
SECTION 18 - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
SECTION 19 - CODES, ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County,
State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the
WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached) pursuant to FS 287.133(3Xa).
SECTION 20 - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties hereto, and there are no
other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto, upon appropriate action by the City Commissioners.
■ Professional Services Agreement
General Engineering Services
December 2008
Page 15 of 17
IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
Authority of Resolution No.205 -08 -12802
duly passed and adopted by the South
Miami City Commission on December 2, 2008
ATTEST:
CITY OF SOUTH MIAMI
Maria Menendez, City Clerk W. Ajibbla Balogun, City Manager
ATTEST: CONSULTANT:
enel-
A.
STATE OF FLORIDA )
ss: Acknowledgement of City of South Miami
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of , 20_ by
W.Ajibola Balogun and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF
SOUTH MIAMI, on behalf of the CITY, who are personally known to me.
Notary Public, State of Florida
Print name:
Commission No:
STATE OF FLORIDA .)
ss: Acknowledgement of Consultant
COUNTY OF DADE )
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The foregoing 'ns ment was acknowledg befor e this day of 20kiby
?�l R.i QiA E roa K S of I4 G n +�� i n H c • on behalf of the O ULTANT.
He is personally known to me or has produced s identification.
Print name:'
Commission N o1ary _� a
APPROVED AS TO FORM & CONTENT Jq commission u Qnass»
asn ExciM$120112Dt2
Luis Figueredo, City Attorney
Professional Services Agreement
General Engineering Services
December 2008
Page 17 of 17
RESOLUTION NO.:
205 -08 -12802
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER TO NEGOTIATE HOURLY RATES AND TO
EXECUTE PROFESIONAL GENERAL ENGINEERING SERVICES
AGREEMENTS WITH TY LIN INTERNATIONAL/HJROSS, KEI ILEY-
HORN AND ASSOCIATES, INC. AND E.A.C. CONSULTING, INC.
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Mayor and City Commission desire to retain consultants to provide Professional
General Engineering Services; and
WHEREAS, pursuant to Florida Statue 287.055 the City published a Notice for Professional
Engineering Services and received a total of thirty-three responses; and
WHEREAS, a thorough review of the firms and their qualifications was conducted.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY OF
SOUTH MIAMI COMMISSION THAT:
Section 1. The City Commission of the City of South Miami authorizes the City Manager to
negotiate and bring back to the City Commission for approval three separate
professional service agreements with:
• TY Lin International/HJRoss
• Kimley -Horn & Associates., Inc.
• E.A.C. Consulting, Inc.
Section.2. That the Agreements allow for renewal of an additional period of one year at the
City's option. .
Section 3. That the negotiated Professional General engineering Agreements be made a part of
this resolution.
PASSED AND ADOPTED this 2nd day of December , 2008.
ATTEST:
)CffY CLERK
Commission Vote: 4-0
Mayor: Horace G. Feliu Yea
Vice Mayor: Brian D. Beasley Yea
Commissioner: Jay Beckman Yea
Commissioner: Velma Palmer Yea
�g ME ' ,,s
RAT
1F90 E[
7
��r.. 1 y G�� "4*r
"E celiencej .ntegr `y and Ind -us on"
January 21, 2009
Mr. Micheal Adeife, P.E.
Project Manager
EAC Consulting, Inc
815 NW 57th Avenue, Suite 402
Miami, Florida 33126
Reference: Professional General Engineering Services Agreement
City of South Miami, Florida
Dear Mr. Adeife:
Attached is the referenced agreement for your review. You are to complete Section 4 -A
through Section 4 -C and submit with your review comments, if any. We ask that you
submit the information by Friday January 30, 2009.
Should you have any questions or comments, please do not hesitate to contact me at .
(305) 668 -7354.
Sincerely,
0�;
ose H. Olivo, P.E.
Engineering & Construction Operations Manager
Cc: W. Ajibola Balogun, REM, City Manager
ftgltieorlh-g & Const bepertt en't 47'9'5 Sail. '75d- Avenue, .MIAMI, •Ylor dA -3 '155
�f
1y° ii�LORFORp ?E(i
1 9 2 7 �
"ExceY ence, lnbejg ' y and I:nc sYOn'j
January 21, 2009
Mr. Mariano O. Valle, P.E.
Principal in Charge
T.Y. Lin International I H.J. Ross
201 Alhambra Circle, Suite 900
Coral Gables, Florida 33134
Reference: Professional General Engineering Services Agreement
City of South Miami, Florida
Dear Mr. Valle:
Attached is the referenced agreement for your review. You are to complete Section 4 -A
through Section 4 -C and submit with your review comments, if any. We ask that you
submit the information by Friday January 30, 2009.
Should you have any questions or comments, please do not hesitate to contact me at
(305) 668 -7354.
Sincerely,
-Jose H. Olivo, P.E.
Engineering & Construction Operations Manager
Cc: W. Ajibola Balogun, REM, City Manager
rgiree= ng & t6r- Artr6d6h be:pftmerit'4795 S.W, '75t)- Avenue, MkIffl -, VI-6f ft 331.55
"Excellence, Integrity and Inclusion"
January 21, 2009
Mr. Juan E. Jimenez, P.E.
Project. Manager! Associate
Kimley -Korn and Associates, Inc.
420 Lincoln (toad, Suite 353,
Miami Beach, Florida 33139
References Professional General Engineering Services Agreement
City of South Miami, Florida
Dear Mr. Jimenez:
Attached is the referenced agreement for your review. You are to complete Section 4 -A
through Section 4 -C and submit with your review comments, if any. We ask that you
submit the information by Friday January 30, 2009.
Should you have any questions or comments, please do not liesitate to contact me at
(305) 668 -7354.
Sincerely,
Jose Fl. Olivo, P.E.
Engineering & Construction Operations Manager
Cc: W. Ajibola Balogun, REM, City Manager
JAN 2 9 2908
Engineering & Construction Department 4795 S.W. 75th Avenue, Miami, Florida 33155
Page 1 of 1
Olivo, Jose
From: Thompson, Karl [Karl.Thompson @citynmb.com]
Sent: Tuesday, January 13, 2009 4:47 PM
To: Olivo, Jose
There you go
Karl C. Thompson, P.E.
Assistant Director of Public Works
Public Services Department
City of North Miami Beach
17050 NE 19 Avenue
North MIami Beach, FL 33162
te1305- 948 -2967
fax 305- 957 -3502
PLEASE NOTE: The City of North Miami Beach is a public entity subject to Chapter 119 of the Florida
Statutes concerning public records. E -mail messages are covered under such laws and thus subject to
disclosure. All e -mail sent and received is captured by our servers and kept as public record.
2/24/2009
EXHIBIT B
CONSULTANT'S BILLING FEE SCHEDULE
HOURLY RATE
PRINCIPAL
$260
PROJECT MANAGER
$220
SENIOR ENGINEER
$180
JUNIOR ENGINEER
$130
SENIOR ARCHITECT
N/A
JUNIOR ARCHITECT
N/A
QUALITY CONTROL
$220
CONSTRUCTION MANAGER
$160
COST ESTIMATOR
$130
DRAFTSPERSON
$110
DATA PROCESSING
N/A
CLERICAL $80
Rates shall be firm for the two years the agreement is in effect. Any increase at the end of
the two years, should the agreement be extended, shall not exceed the CPI for the South.
PSMJ I Resources, In. c.
2008 PSMJ A/E Fees & Pricing Survey, 23'd Edition
The PSMJ A/E Fees & Pricing Survey, 23`d edition is designed to provide you with information on how
professional design firms establish professional fees for their services and price various types of projects. The
information in this survey was collected during January and February 2008. As the reader, you should use
generalized financial information with caution because the results of this survey may not be totally appropriate to a
particular project, client, or firm. We report the results by firm size, type of service, geographic location, type of
client, and client marketplace. There were 117 firms that responded to this survey and indicated results as of the start
of 2008. We believe these results represent one of the largest bases of information concerning professional fees and
pricing available to the design industry. We analyze the data collected by this survey on a firm -wide basis. We
report no information for a single firm and we assure the confidentiality of the data reported by the responding firms
through the use of a firm identification number rather than firm name.
This CEO Snapshot is designed to provide you with an overview of the salary survey's full content and significant
findings.
The Design Marketplace
In mid -2001, the engineering, design, and construction industries reached the end of their longest period of
economic expansion, which began in the early part of the 1990s. As Figure 1 indicates, the overall United States
economy entered a period of recession during that time period and received another severe impact from the terrorist
attacks on September 11, 2001. The quarterly change in Gross Domestic Product (GDP) has indicated positive
results since the beginning of 2003; and after four years of above average growth, the US economy appears to be
trending toward a slowdown and possible recession. Political uncertainties of an election year, the war in Iraq,
record fuel prices, and the recent meltdown of the mortgage markets all combine to impact the macroeconomic
factors that drive the engineering and. construction business environment. Last year the design industry had
recovered to the record levels reported in early 2001; however, the future portends much higher levels of uncertainty
as we move through 2008.
However, the construction industry does continue to drive engineering and design projects, and the A/E sector
remains tied to longer -term capital investment associated with construction's longer lead times. This economic lag
buffers the design industry from smaller ups and downs of the economy.
There might be a reasonable chance that the US economy can pull off a soft landing — slowing enough to prevent
overheating and inflation, but without a prolonged period of sub -par growth. Some sectors (e.g., housing) will
continue to experience severe corrections. Against this economic background we present the results of our 2008
PSMJ A/E Fees & Pricing Survey.
Figure 1
Gross Domestic Product
Quarterly Percentage Change
8.0% - ------ -•---------
- - - - -- -----------
---•------------ --- -•-- ----
•--- -- - - --
6.0% - •----- -••--- --
-- - - -- _ - --
----
---- --- ----- ---- ----- -- ----------
4.0% -------•---------•--
- --•--- - --
2.0 % -- - -- - ---
- --
-2.0% - - - -- -- -------------
--- ---------
------- --- -- ---- --- - --- --
o�a
,yo `LO
do
�o ,ya tio.
,Lpo
®Gross Domestic Product
Source: US Department of Commerce, Bureau of Economic Analysis
Notice: No part of this publication may be reproduced, stored in a retrieval
system or transmitted by any means, electronic or mechanical, without prior
written permission of PSMJ Resources, Inc. 02007 PSMJ Resources, Inc.
CEO Snapshot: 2008 PSMJ A/E Fees and Pricing Survey, 23'd Edition
Big Picture Results
In general, the responding firms report that overall billing rates remained nearly the same as last year. This year's
results indicate that the overall average of billing rate changes decreased 1 %. The median change in overall billing
rate changes was 0 %, with a maximum increase of 13% (for job site inspector) and maximum decrease of -15% (for
estimator).
Billing rates for managers and senior project technical positions (project engineer and project architect) reflect no
change from last year (median increase of this subgroup of 0 %, mean increase of 0.2 %), while rates for the mid-
level positions (architect, senior engineer, and intern architect) indicate a very small percentage increase in billing
rates (median increase of 1.2 %, mean increase of 1.3 %). This indicates that firms continue to make extremely minor
pricing adjustments (in lieu of across - the -board percentage changes) as the general economic climate begins to enter
a period of higher uncertainty and possible recession.
Survey results are subdivided into benchmarking peer groups, such as firm size, type of service, geographic location, type of
client and specific marketplace. We present detailed results on individual staff lefel billing rates and markup policies on outside
consultants and expenses. We highlight pricing differences between government and private sector clients, and discuss types of
bidding and competition. We present typical marketing organizations, proposal hit rates, and historical trends of the most
significant results.
As Figure 2 indicates, there are very small changes in median billing rates from 2007. Inflation as measured by the
Consumer Price Index (CPI) increased by 1.1% from December 2006 to December 2007.
Figure 2
Comparative Median Hourly Billing Rates, 2007 and 2008
Principal
Associate
Project Manager
Project Architect A --- - - -_.�
Project Engineer
Architect rw��'•"
Senior Engineer
Intern Architect
Engineer
Junior Engineer
Designer
Senior Drafter /CAD "
Drafter /CAD
Spec Writer `
Estimator
Job Site Inspector
Clerical
1
$0 $20 $40 $60
I
$80 $100
Notice: No part of this publication may be reproduced, stored in a retrieval
system or transmitted by any means, electronic or mechanical, without prior
written permission of PSMJ Resources, Inc.
2
2007
■ 20'08
$120 $140 $160 1 $180
02008 PSMJ Resources, Inc.
How to Improve Myself to Get Ahead in My Work - US charge out rates survey Page 5 of 7
Engineer - (PE) - $98
Sr. Engineer - (PE with grey hair /bald) - $112
IRstuff(Aerospace) 9
May
07
21:13
US defense engineering contractors are generally in the range of $150 /hr to $200 /hr
TTFN
FAQ731 -376: Eng- Tips.com Forum Policies
tiohnson1111 (Civil /Environme)
Civil firm in N. Cal
President / CEO - $180
Principal eng - $160
Senior eng - $140
Associate eng - $115
Assistant eng - $105
Junior eng - $95
CFSEng (Structural)
Specialty structural firm FL
President / CEO - $180 to $250
Senior eng - $150
Associate eng - $120
Junior eng (EM - $80
4cats (Structural)
10
May
07
19:12
16
May
07
10:37
19
Aug
07
23:22
http: / /www .eng - tips.com/viewthread.cfm ?qid = 186377 2/9/2009
Page 1 of 1
Olivo, Jose
From: Ernest Porter [eporter @eacconsult.com]
Sent: Wednesday, February 04, 2009 10:04 AM
To: Olivo, Jose
Cc: Marie Chong
Subject: Professional GES Agreement
Jose,
Attached is a list of our questions and comments per your request.
Please let me know if there is anything else.
Thanks
Ernest Porter
Accountant/Sr. Analyst
EAC Consulting, Inc.
www.eacconsult.com
815 NW 57th Avenue, Suite 402
Miami, FL 33126
Direct Dial: 305 - 265 -5485
Main: 305 - 264 -2557
Fax: 305 - 265 -5428
Email: eporter eacconsult.com
This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not make
any use of, disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. E -mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted,
corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. EAC Consulting therefore does not accept liability for any errors or omissions in
the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard -copy version. Please note
that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of EAC Consulting.
EAC Consulting, Inc. 815 NW 57th Avenue, Suite 402, Miami, Florida 33126
Ph: 305 - 264 -2557, Fax: 305 - 264 -5507, http: / /www.eacconsult.Gom
-------------------------------- --- ------------------ - -- - -\
2/23/2009
AGREEMENT between CITY OF SOUTH MIAMI and EAC CONSULTING, INC. for
PROFESSIONAL GENERAL ENGINEERING SERVICES IN CITY OF SOUTH MIAMI,
FLORIDA
SECTION 1.2 Capitalize Agreement
SECTION 1.5 Capitalize Agreement
SECTION 1.8 Add "s" to approvals
SECTION 2.1 First sentence all caps CONSULTANT
Section 4 -C
TITLE RATE
Principal
$241.37
Project Manager
$181.81
Senior Engineer
$165.76
Engineer
$126.58
Construction Manager
$175.85
Construction Inspector
$78.37
Senior Draftsman/Technical
$95.29
Draftsman/Technical
$73.98
Data Processing /Clerical
$56.42
Environmental Engineer
$152.19
GIS Specialist
$112.41
SECTION 4 -C Please add this statement at the end: The hourly
rates are subiect to a change annually beginning on the first anniversary of the contract
execution date and on each contract year thereafter and will be based on three percent
Im.
SECTION 11 Will EAC be able to utilize Subconsultants?
SECTION 12 Change the words contract to Agreement
Will EAC be able to utilize Subconsultants?
SECTION 15 Capitalize Agreement
Between the words one and year, insert (1)
SECTION 16 Change the word contract to Agreement
F: \Contracts- CORP \CONTRACT�CONTRACTS 2008 \8024.SD01 -00 \Changes to Contract.doc
g0UT��
h
V �
� 171CONFOnAtID �
I92Y
FOR {OA
February 10, 2009
Mr. Rick Crooks, P.E.
President
South Miami
City of South Miami OftedeaNy
PUBLIC WORKS DEPARTMENT I le
4795 SW 76th Avenue
Miami, FL 33156 zoo{
Tel. (305) 663 -6350 Fax (305) 668 -7208
EAC Consulting, Inc.
815 NW 57'x' Avenue, Suite 402,
Miami, Florida 33126
Reference: Professional Services Agreement for General Engineering Services
City of South Miami (CSM), Florida
Dear Mr. Crooks:
This is to inform you that your comments and proposed hourly rates in reference to the above
subject have been reviewed. The following are responses to your comments:
1. Comment: Section 1.2 Capitalize "Agreement"
Response: Edit text in agreement per your continent and initial change.
2. Comment: Section 1.5 Capitalize Agreement
Response: Edit tent in agreement per your comment and initial change.
3. Comment: Section 1.8 Add "s" to approvals
Response: Edit text in agreement pet, your comment and initial change.
4. Comment: Section 2.1 First sentence all caps CONSULTANT
Response: Edit text in agreement pet- your comment and initial change.
5. Comment /Response: Section 4C
EAC proposed hourly rates not consistent with the City's expected range of hourly rates
for Professional General Engineering Services are shown belouv in bold italics. Please
reconsider your proposed rates and revise as necessary.
X04 Soul' South Miami
• INCORPOR+UED •
1927 A
O (tt0
200)
Categories
CSM Range
EAC
Principal
$150 -$204
$241.37
Project Mgr.
$120 -$164
$181.81
Senior Engineer
$100 -$128
$165.76
Engineer
$90 -$102
$126.58
Construction Mgr.
$100 -$152
$175.85
Construction Inspection
$65 -$81
$78.37
Senior DRaftesmen/Techncoal /CADD Operator
$75 -$76
$95.29
Draftsmen
$65 -$67
$73.98
Data Processing/Clerical
$50 -$52
$56.4.2
( "Engineer" rates shall apply for Env. engineer)
Gig Specialist
6. Comment: Section 4C Please add this statement at the end: The hourly
rates are subject to a change annually beginning on the first anniversary of
the contract execution date and on each contract year thereafter and will be
based on, three percent (3 %)
Response: The City of South Miami does not allow annual increases to hourly rates
on Professional Set-vice Agteement for General Engineering Services
7. Comment: Section 11 Will EAC will be able to utilize Sub consultants?
Response: Yes. EAC twill be able to utilize sub consultants, as long as rates
ay-e the same as per lire executed agreement
8. Comment: Section 12 Change the words "contract" to "Agreement ". Will
EAC be able to utilize sub consultants.
Response: No changes needed to nvortling in agreement.
Yes. EAC twill be able to utilize sub consultants, as long as rates are the
satire as per the e-recuted agreement.
9. Comment: Section 15 Capitalize Agreement
Between the words one and year, insert (1).
Response: Edit text in agreement per yotn• comment and initial change.
10. Comment: Section 16 Change the word "contract" to "Agreement"
Response: No changes needed to wo►ding in agreement.
X04 $OUT, � South Miami
NFAMWAM
� INWPPOMim
1 Biz
fatI
2001
Should you agree with the CSM range of hourly rates as indicated above, please list the
corresponding hourly . rate for each category in Section 4C of the Professional Services
Agreement and submit (3) signed original agreements to my office no later than Friday, February
13, 2009. Once the agreements have been executed by the City Manager, we will return one
executed original to you for your records.
Should you have any questions or comments, please do not hesitate to contact ire at (305) 663-
6350.
cerely,
ose Olivo, P.E.
Public Works Director
cc: City Mgr.
Page 1 of 1
Olivo, Jose
From:
Lexy.Kaptaine @kimley- horn.com
Sent:
Thursday, February 05, 2009 10:20 PM
To:
Olivo, Jose
Cc:
Juan.Jimenez @kimley - horn.com
Subject: RE: Professional Services Agreement 2009
Dear Mr. Olivo,
At the request of Mr. Juan Jimenez, I am forwarding to you the above agreement containing two pages
with comments /markups (highlighted):
Agreement:
Page 6 of 17, Item 2.2.4: D. Last sentence in last paragraph to read as follows: Under item (3)
above, the CONSULTANT shall, without additional compensation modify the Construction
Documents as necessary to bring the Probable Construction Cost within the Total Allocated
Funds, when the lowest responsible bid is over 15% greater than the CONSULTANT estimate.
Page 11, Item B. Add the following text at end of section: Hourly rates are subject to yearly
adjustment, based on Consultant's salary adjustments and changes in overhead multiplier.
Appendix A•
Kimley -Horn and Associates' Rate Schedule is attached as Appendix A.
If you have any questions regarding the comments on Pages 6 and 11, please contact Juan Jimenez at
305.673.2025 x 7784. If you have any difficulty retrieving the attached documents, please contact me
at the numbers listed below.
We appreciate the opportunity to work with you and the City of South Miami staff.
Kind Regards,
KIMLEY -HORN AND ASSOCIATES, INC.
Alexandra Mann Kaptaine
1691 Michigan Avenue - Suite 400
Miami Beach, FL 33139 -2557
9:305.535.7754 (Direct)
9:305.673.2025 (Office)
9: 305.673.4882 (fax)
�: lexy. ka ptaine@ kimley- horn.com
8: www.kimley- horn.com/kha
2/23/2009
E=VN Kimley -Horn
fl and Assoaates, Inc.
APPENDIX A
KIMLEY -HORN AND ASSOCIATES, INC.
STANDARD HOURLY RATE SCHEDULE
(Valid through 12131109 and subject to renegotiation following this date)
Category
Hourly Rate
Principal
$
220.00
- $
225.00
Project Manager
$
155.00
- $
160.00
Senior Engineer
$
165.00
- $
190.00
Engineer
$
100.00
- $
147.50
Construction Manager
$
155.00
- $
160.00
Construction Inspection
$
110.00
- $
130.00
Senior Draftsman /Technical /CADD Operator
$
122.50
- $
135.00
Draftsman
$
92.50
- $
102.50
Data Processing/ Clerical
$
82.50
- $
105.00
SOOD7
m: \marketing \south miami, city of\2009 genengsyscagrmt \appendix a -d7 rate schedule.doc
2/5/2009 9:57:39 PM
i
0
n
6 %xeellenee, Intregeiity and Inclusion"
January 21, 2009
Mr. Juan l?. Jimenez, P.E.
Project Manager/ Associate
Kimley -Horn and Associates, Inc.
420 Lincoln Road, Suite 353,
Miami Beach, Florida 33139
Reference: profailonal General: Services Agreement
City of South Minmi, Florida
Dear Mr. Jimene.:
Attached is the refer, ced agreement for your review. You are to complete Section 4 -A
through Section 4 -0d submit with your review comments, if any, We :ask that you
submit the information by Vriday January 30, 2009.
Should you have any questions or comments, please-do not hesitate to cant €uct nee at
(305) 668- 7354.
Sincerel,y, .
all?
Jose 11. Olivo, P.E.
E ngincering & Construction Operations Manager
Cc: W. A:jibola Balogun, REM, City Manager
Eat$1146 tng & eGIII%trdCIIOA IDepArtmnn't 4195 S.W. TOO Avenue, ARAM, riodda 33 166
City of South Miami
t PUBLIC WORKS DEPARTMENT
" - 4795 SW 75tfl Avenue
�:�CORPORATCD '
Miami FL 33155
oary
Tel. (305) 663 -6350 Fax (305) 668 -7208
February 10, 2009
Mr. Juan E. Jimenez, P.E.
Project Mgr. /Associate
Kimley -Horn and associates, Inc.
420 :Lincoln Road, Suite 353
Miami Beach, Florida 33139
South Miami
byland
A
I if
2001
Reference: Professional Services Agreement for General Engineering Services
City of South Miami (CSM), Florida
Dear Mr. Jimenez:
This is to inform you that your comments and proposed hourly rates in reference to the above
subject have been reviewed. The following are responses to your comments:
1. Comment: Page 6 of 17, Item 2.2A: D. Last sentence in last paragraph to read as
follows:
Under item (3) above, the CONSULTANT shall, without additional
compensation modify the Construction Documents as necessary to bring
the Probable Construction Cost within the Total Allocated Funds, when
the lowest responsible bid is over 15% greater than the CONSULTANT
estimate
Response: Edit text in agreement her your comment and initial change.
2. Comment: Page 11, Item B. Add the following text at end of section: Hourly rates .
are subject to yearly adjustment, based on Consultant's salary adjustments
and changes in overhead multiplier.
Response: The City of South Miami does not allow annual increases to hourly rates
on Professional Service Agreenrent for General Engineering Services.
3. Comment: Appendix A: Kimley -Horn & Associates (KHA) Rate Schedule
Response: KIIA proposed hourly rates not consistent with the City's expected range
of hourly rates for Professional General Engineering Services are shown
below in bold italics. Please reconsider your proposed rates and revise as
necessary.
Categories
Principal
.Project Mgr.
Senior Engineer
Engineer
Construction .Mgr.
Construction Inspection
Senior DRaftesmen /Techncoal /CADD Operator
Draftsmen
Data Processing/Clerical
CSM Range
KHA
$150 -$204
$220.00
$120 -$164
$155.00
$1.00 -$128
$165.00
$90 -$102
$100.00
$100- $152
$155.00
$65 -$81
$110.00
$75 -$76
$122.50
$65 -$67
$92.50
$50 -$52
$82.50
Should you agree with the CSM range of hourly rates as indicated above, please list the
corresponding hourly rate for each category in Section 4C of the Professional Services
Agreement and submit (3) signed original agreements to my office no later than Friday, 'February
1.3, 2009. Once the agreements have been executed by the City ;Manager, we will return one
executed original to you for your records.
Should you have any questions or comments, please do not hesitate to contact me at (305) 663-
6350.
Sincerely,
ose Olivo, P.E.
Public Works Director
cc: City Mgr.
Page 1 of 2
Olivo, Jose
From: Lexy.Kaptaine @kimley- horn.com
Sent: Friday, February 13, 2009 5:44 PM
To: Olivo, Jose
Cc: Juan.Jimenez @kimley - horn.com
Subject: RE: Professional Services Agreement 2009
Dear Mr. Olivo,
Please see attached letter per Mr. Juan Jimenez.
Thank you for your consideration.
. e-V
KIMLEY -HORN AND ASSOCIATES, INC.
Alexandra Mann Kaptaine
1691 Michigan Avenue - Suite 400
Miami Beach, FL 33139 -2557
19:305.535.7754 (Direct)
2:305.673.2025 (Office)
S: 305.673.4882 (fax)
2: lexy. ka pta ine@ kimley- horn.com
9: www.kimley- horn.com/kha
From: Olivo, Jose [ mailto :jolivo @cityofsouthmiami.net]
Sent: Tuesday, February 10, 2009 5:46 PM
To: Kaptaine, Lexy
Cc: Jimenez, Juan
Subject: RE: Professional Services Agreement 2009
Please see attached response. Thank you
From: Lexy.Kaptaine @kimley - horn.com [mailto:Lexy.Kaptaine @kimley - horn.com]
Sent: Thursday, February 05, 2009 10:20 PM
To: Olivo, Jose
Cc: Juan.Jimenez @kimley - horn.com
Subject: RE: Professional Services Agreement 2009
Dear Mr. Olivo,
At the request of Mr. Juan Jimenez, I am forwarding to you the above agreement containing two pages
with comments /markups (highlighted):
Agreement:
Page 6 of 17, Item 2.2.4: D. Last sentence in last paragraph to read as follows: Under item (3)
above, the CONSULTANT shall, without additional compensation modify the Construction
Documents as necessary to bring the Probable Construction Cost within the Total Allocated
Funds, when the lowest responsible bid is over 15% greater than the CONSULTANT estimate.
2/23/2009
Page 2 of 2
Page 11, Item B. Add the following text at end of section: Hourly rates are subject to yearly
adjustment, based on Consultant's salary adjustments and changes in overhead multiplier.
Appendix A•
Kimley -Horn and Associates' Rate Schedule is attached as Appendix A.
If you have any questions regarding the comments on Pages 6 and 11, please contact Juan Jimenez at
305.673.2025 x 7784. If you have any difficulty retrieving the attached documents, please contact me
at the numbers listed below.
We appreciate the opportunity to work with you and the City of South Miami staff.
Kind Regards,
ZeV
KIMLEY -HORN AND ASSOCIATES, INC.
Alexandra Mann Kaptaine
1691 Michigan Avenue - Suite 400
Miami Beach, FL 33139 -2557
'x:305.535.7754 (Direct)
'x:305.673.2025 (Office)
9: 305.673.4882 (fax)
®: lexy . ka ata i neCu) ki m ley -ho rn.com
B: www.kimley-horn.com/kha
2/23/2009
❑Kimley -Horn
and Associates Inc. 1691 Michigan Avenue
Suite 400
Miami Beach, FL 33139
305.673.2025
305.673.4882
February 13, 2009
Via: JoseO@cityofsouthmiami.net
Jose H. Olivo Jr. PE
Public Works Director
City of South Miami
4795 SW 75 Avenue
South Miami, Florida 331.55
Re: Professional Services Agreement for General Engineering Services
City of South Miami (CSM), Florida
Dear Mr. Olivo:
In response to your letter of February 10, 2009 regarding the above - captioned
Professional Services Agreement please see response below:
Comment No. 1: We agree.
Comment No. 2: Based on the fact that this is a 3 -year contract, we would like to
offer the following language for your consideration: "Kimley -Horn's standard
hourly rates may be adjusted to reflect City of South Miami staff rate increases."
Comment No. 3: See revised rate schedule below.
City of South Miami Classification
Proposed hourly rates
Principal
$
204.00
Project manager
$
160.00
Senior Engineer
$
125.00
Engineer
$
102.00
Construction Manager
$
152.00
Construction Inspection
$
81.00
Senior Draftsman
$
76.00
Draftsman
$
65.00
Data processing /clerical
$
52.00
Respectfully submitted,
KIMLEY -HORN AND ASSOCIATES, INC.
j
Aaron E. Buchler, PE
Associate