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03-17-09 Item 6• South Miami CITY OF SOUTH MIAMI AW INTER - OFFICE MEMORANDUM , I if zoos To: Honorable Mayor Feliu, and Members of the City Commission Via: W. A. Balogun, City Manager From: Jose Olivo, P.E. ' Public Works- Engmeenng Department Agenda Item No.: Date: March 3, 2009 A g _ —_: r Subject: 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. (KRA) 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 2 do 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 46 50 51 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, K[MLEY -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 Intemational/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 APPROVED: MAYOR Commission Vote: Mayor: Horace G. Feliu Vice Mayor: Brian D. Beasley Commissioner: Velma Palmer Commissioner: Jay Beckman Commissioner: Valerie Newman 9 • • z U Q w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �(i Sri iri ci � N O 61 O t0 I� t0 tq Q' J ' o 0 o0 LO N_ p fA (A LL Q, O O O O N O 0 0 0 0 0 t O O O O O? V N N O O w 69 4H Efl EA fA m h to E HZ J J • 0 0 0 0 00 O O M w ' 0 0 0 0 O O O O W= OLf) Lc) LO LO O O LO z 1: N N m OD OD 1- O Q(/) 'a n' F» en 01. 69 ( U w c C7 F- v z i`a o v m C w z °1 Z (A O J_ w m Q J U Q U_ �p O C f0 = O C U E N N N rn (V d f6 m w c aNi PROFESSIONAL Sir,RVICK AGR�r�r,1VIENT. General Engineering Services THIS AGREEMENT EMENT 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 "CITE'" and K1MLEY- HORN AND ASSOCIATES, INC., authorized to do business in the State of Florida, referred to as the "CONSU.LTANT`. In .consideration of the premises and. the mutual covenants contained m. this agreement, the CITY agrees to employ the CONSULTANT for a period eliding on December 31, 2011, and the CONSULTANT agrees to perlbrm 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 $1,000,000.170 or studies which do not exceed $50,000.00, herein after celled the "SERVICES". SECTION I - GENI ERAL 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 pottion of the Basic Services,, or for discrete tasks as specified in. paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work perfortned 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 Cl'I'Y. The CITY reserves,. at all times, the right to perform any and all engineering work . n -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 so heited 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 set-vices to connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to die 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 Ininutes, 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 shalt 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. SF.4CTION 2 - PROFF,;SSIONAL SERVICES 2.1 Gentral En incering 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 remedi:at.ion plans to mitigate underground stomg.e tanks, hazardous waste materials and asbestos materials. E. `rrafhc engineering Services will include daily volume counts, data analysis, preparation of coneuptual 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 2.16. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorisation 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 atclatectilnal CONSULTANTS to assure a coordinated and complete WORK. The lead'CONSULTANT as designated by . ■ Professional Smim Agrcctmcnt Gcrncral Engimcring Smkces December 2008 Page 2 o(17 the CI"I'Y 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 J.- Preliminary and Schematic 13esi : A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine; die full scope of the Project tliat will ineet the program requirements, and shall advise the CITY if, lit the CONSULTANTS opinion, the allocated funds are adequate to accomplish the program requirements. B. The CON.SU.[ TANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. "17he 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 suanmary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, suctions, 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. M 1. 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 Cast 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 " Profcsyiowl S4Riccs t'1FntmCnt Ckncral Hnginccing Services Pap 3of17 • 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 CONSUI;I'ANT'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. nd he shall not proceed with. the next phase unti I directed bv the CI'T'Y. 2.2.2 Phase II — Study and Design Development r'1. 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 alt documents required under this Phase, without additional. charge, for approval by the CITY and not proceed with the next • Phase until directed by the ary. D. The CONSULTANT 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 [It — Finat 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: (laid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CS 1) 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 linewrorl:, notes, and dimensions, when the documents are reduced to 50% of their size. All • Professional Scrviecs Agrerancni Generil Engineering Somiccs Mweiril;er 2008 Pagt 4 of 17 . drawings shalll be on 2�" 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. pion- -drawing submittals in Microsoft: Office format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. 17, When the development of the drawings has progressed to at least 50% completion in Phase 111, th 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 farther development until approy I of the 506/6 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 11.1 will. not be issued of the Latest Statement of Pr Construct Cast exceeds the. total allocated funds, unless the CITY increases the total. allocated fiends or the CONSULTANT and the CITY agrees on methods of cost sreductions sufficient to enable construction within the funds available.. G. Upon I001/o completion of the Construction Documents, the CONSUL l A.N,r 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 snake all the necessary presentations to the appropriate CITY Boards, (such as Environmental Review Board,, Histoncal. Preservation Board etc.) for the final approval. 1. 11, he CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from pan, agraph., 1 if the changes or additions do not after the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check, scat shall be returned to the CITY. Upor final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawines and specifications, for bidding purposes, unless instructed otherwise. J. The CONSIJLTAN'T shall arrange for "dry runs" and/or make final submissions to appropriate authorities (mgulato y agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary prvfessiongl Scrviccti Agreement t.,cncrai 1 ngini� ring services . Ucccn ba 2008 Pagc 5 of 17 rc quirements 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 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 CONSUL'I'ANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in cibtantilig 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 tall }� evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted, by the constructor. B. The CONSULTANT shal I 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 recomiend acceptance: or rejection of'the: prospective bidders. U. if the lowest responsible Base; Bid received exceeds the Total. Allocated Funds the CITY may: I . 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 shrill, 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 CON.SUUI'AN'I' estirnate. El. Moor 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. Re.e;ction. of bids by the CITY does not constitute: cancellation: of the project. 2.2.5 Please V — General Administnation of the Construction Contract: prvf side► cr Services Agrerme t, GcncrBi Vngin.ecft, SCrvice4 • riCMMbCr 4008 Page 6 of 17 0 A. The Construction Phase: will begin with the award of the Construction Contract and will en when. the Contractor's final Payment Certificate is approved and paid by the CITY. I3, 'Me 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- con0ruction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E, `file CONSULTANT shall. visit the site at least weekly an at. all key constru ction. 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 WOM, The CONSU':I.."l °A.NT 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 .situ observations, the CONSULTANT will advise the CITY as to the progress of and any observed detects and deficiencies in the WORK. immediately in writing. • F. The CONSULTAM.' 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 mote 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 a"ount 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 tile NVORK is in. accordance with the Contract Documents subject to: 1. an evaluation of the WORK for conforMance with the contract docunter is upon substantial. completion. 2. the results of any subsequent tests required by the contract documents. 3. minor deviations from the contract doCUMents correctable prier to completion. and acceptance of the project. Prokssionat Services Agre¢rnent • r ring Services rx Cem ?e C 2009 11age7of17 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 (witlt 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 CONSMANT 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'. -ilie 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 tlac 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 rcquircd 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. lie shall obtain front the Contractor all wwrarnanties, 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, I) 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 -tip of the project. My Tlie 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 tiwe 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 undated based on information furnis icd 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 ■ Prc)fc ssigftal servioes k1grea»ent General En ;inuring Services • [)==s wr 2M8 E'agc 8 of 17 defective WORK in the Project under terms of the guarantee/ %warrant es 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 famish the City with a 3 -ring binder labeled "Close -out Docurnents" that will include as a minimurn a copy of: • Certificates of completion • As-Bui Its (1f2 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as Applicable • Final. release of liens • Final payment to coati- actor. 23 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 inay be authorised within the Scope of Work given the CONSULTANT. . A., Special analysis of die CITY'S needs, and special programming requirements for a project. 13. 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 filture 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 Fastilmates, 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 W01M, providing the cause 1s found by the CITY to be other than by fault of the CONSULTANT.. •. Prof essional See ices Agreemomt Gcnc€ €I Fngi€ =jng Sm ices • Ueccniba 2008 Page 9 of 17 • 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. :Makin„ major revisions changing: the Scope of project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the crrY 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 arty portion). J. 17he 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 CITE', to be beyond the control of the CONSULTANT. • STQ30N 3,- TIME FOR COl1'lPLE 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 belay on the part of the Cry it, 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 Tho CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed suln fee fog:• each of the WORK. assigned to hiin. based on the Scope: of such Vi?ORK. Upon agreement of a fee, the CITY will issue a written authorisation 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. l'or reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY wiI I 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. Professinnal Servicm A it matt • GcncraC Olginccrflig, Scniccs Dccemhcr 2008 Page 10 of 17 A. A fixed sLim The f e for a a. scope of work.may be fixed sum as mutually agrwd upon by the CITY and the CONSULTANT: B. dourly tute.. fee, 17he. CITY ag-rees to pay IS -ANT'agrees �to accept f and. the CON ULT for the services rendered, pursuant to this Agr rrient, fees in accordari6,c ';win _vkh.thef(Alo Pr intip'-k 1, Project Ma a r Senior E h er Engineer Colastruotion Manager Construction Ins CC Senior all/Tedinical,'C AI 1):Operawr Draftsmen Data Procming lClerfea-I Hourly:rates will inc.[tide all wag benefits, overhead and pro►t $204.00 $160.00 $125.00 $102.00 $152.00 $ 81.00 $ 76.00 $ 65.00 $ 52.00 SECTI N'S PA3X.E '_1 LT AND: PARTIAL. PAY YME NTS.� CITY will snake m tit- payMe"Otior W; to Ow.:CONSULTANT forall ftuthorI�_'g_d.'W()g i Y partia.. pqrrip*nt� i K. porl'orniod during the previous calendar month. F6edesign And 0 '0 Ion pro ects W- here fee for,each Phase j I of the estimated: tot� 5,asic is ftot: spiecified. such payn I not exceed, th lei t 1.4% in As', the agg8tegate': Ova ht-4901 Coniposgion indicated below: fbr each plisse: The C. 014SULTAN atiorl 'nal invoice to thd Cites pr -qj 0 ctreprpsentative. The invoice shall eohtdiri I The affi ,.0jiit:.6f the itivoices submitted shall be the arnpuOt idue. fbr All W09.Kperf6rmPd to date as 6cltt' fWy:t4eWNSULrAN,T. 2. The reqppstfidr payinerit.444.1.1 include the foll..o.wing:lt)rorm..,.Itionl b. amount (CONS UUw s lutz p s u m negotiMed upset limit fees) C. lIerqq4t of work. completed, cna(413" : 'Jillecd ng Me t I 16M • d.. Amount. earned. e. Amount previously billed. f Due this invoice. g. balance rernai -ring h. Summary 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 FORK reflecting salaries and hourly rates. SECTION 6 T RIG iT_OF DECISIONS 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 under or by reason of this Age:eementi th:e prosecution. and flu fillment of the services, and the charaote�r; quality, amount and value and the representative's clecisi «ns. up 11 . all clai.rn,s? 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 lvlanagei% Nothing in this section sha.11. 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 Al[ 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 front the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the !CCN*1SULTANT. When each individual section of the WORK completed under this Agreement is com plcte all of the above data shall be delivered to the CITY. l?i''[r 1 i'431\ O -" i.l.J V It 1 to 1 l'rK.ltt1.E �: l.rl'JIJ. '1r4J1 �A u.a�us. . z,. w_.✓ c-......:w� .w..a w..r�aw.aa . �w.s Nothing in this Contract sliall Obligati 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 frorn the CITY prior to perforinance 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 - N'OTI.CES 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 Cl "1'Y. Any notices, reports or other Professional Suvices Agrcment. Gtncrat falgineering services . r)ewntier 2008 PW 12 of 17 communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSUI;J'ANT 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 1N'VORK and for a period of one year after final payment is rude;. This provision is applicable only to assignments that are on atime and cast basis, SECTION 11— SUBLETTING The CONSUL'I'ANT 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. 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 agrees) to pay any company or person other than a bona fide employee working solely for the CoNSUI. rANT any fee, commission, petwntage fee, lifts or any other considerations contingent upon or resulting frorn the award or making of this contract. For Bleach or violation oft:hi's wArranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agIreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to proceed authorizing WORK, in which event the CITY'S soli obligation to the CONSULTANT shall be paymentt for these 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 Agreei -ent, for the purpose of issuing new .WORT{: shall remain in full force and. effect for a period ending I r celzrlier 3l, �Ol I, (though 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 `I his al regime t may be renewed, at the sole discretion of the. CITY, l`or an additional period of one year at the end of the initial period. SECTION 16 - DEFAULT In the event either patty 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 CONS ULTANTI` 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 oompensated for reasonable attorney's fees. In no went shall • r'rroressional 15mievs Agmvmcnt General Engincaing ScrOco . Page 1 Ucr 17 E':tgc ! 3 of 1.7 •attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity 1'rorn awards of prejudgment interest. SECTION 17 - INSU.RANCE AND INDEMNIFICATION Tile CONSULTANT shall not commence. WORK. on. this ,Agreement until lie has obtained all insurance required %y the CI'T'Y. The CONSULTANT' shall indemnify and save: the CITY harmless from any and all claims, liability, losses and causes of actions a.ri.si_g solely out of a. negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S professional seivices 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 suIbmissions 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 CONSULTAMI shall. maintain during the term of this Agreement the following insurance.- A. Professional. Liability Insurance in the amount of $1,000,004 with deductible per claim if any, not to exceed S% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay is damages for claims arising out of the services performed by the CGNS1U1..TA tIT or any person employed by him in connection with this • Agreement. °I'his 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 injr: t 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 provi.sicin ontairted 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 shrill: contain a "severabilit.y of interest" or "cross liability"' clause without obligation for premiurri payment of the CITY. • Pr(?fessiortal Services Agrecinent Gcncr.l r?ngincering services • t?ccrmbpr 2008 Paso 14 of 17 • E. All of the above insurance is to be placed with best rated A -8 or better insurance companies, quaffed to do business under the lavers 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 conipliaitce. 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 - AGTIFEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSUI:I'ANTS to perform the same or similar services. SECTION l.!} - COIlF1.S. 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 efT'ect at the tilnie of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit f6mi (attached) pursuant to FS 287.133(3)(x). • SECTION 20 - ENTIRETY OF AG.I2EEMUNT 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 arid. superseded hereby. No alteration, change, or modification of the terms ol'this Agreement shall be valid unless made in writing and signed by both parties hereto, upon ��ppropriate action by the City Coma issloners. • Professional Scmivcc ASri ineni Gerreral Engiaicer'rng Soviet • December 2008 Pee 15 of 17 • • • IN WI'T'NESS WHEREOF, this Agreement is Accepted on the date first above written subieel to the terms and conditions set forth herein. Aot'.horit_y of IW.o ut..ion Nc.20!5 -08 -1 802 duly passed and adc pt(,d by -Y:e South Miami. r_. ,ty Commission on Dec:emFJpr. 2, 2108 AT'I'ES'I': Maria Menendez. City Clerk CITY OF SOUI'I I MIAMI W. Aiibola Balogtln, City Manager A'I "i'IsS'I': CONSUL; I'AN`I': STATE OI; I- I.ORIDA } ss: Acknowledgement of City ofsouth 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 O SOUTI I M IAMI, on behal f of the CITY, who are personally known to mc. Notary Public, State of Florida Print name: Commission No: STATI OF FL ORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADE ) • Profcssional Services Agreement General Vnginecring Services Dccanbcr2008 Page 16 of 17 40 T1 fare- going) 'nstru nt vas ackn wlcdgc before me this day of '�rvQ 20(O key r //f -- —� • — 1�h If of the C' SULTANT. He Is personally known to me or has produced �P/i' asY3cnti11cation. • • Amy M. LIed6 ' - COMMISSION #DD681069 ?'`� EXPIRES: JULY 23, 2011 WWW.AARONNO1ARl:com APPROVED AS TO FORM & CON '1'1.?N*I' Luis Vibueredo, City Attorney Professional Services Agreement General Engincering services Decenther 2008 Pugs 17 of 17 s Notary P a' , State of Florida Print name: Commission No:� O 6 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 I - 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 Engineering 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 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 ■ 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 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 th 1. 2. 3. 4. 5. e lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: approve the increase in Project Cost and award a construction contract or, reject all bids and rebid the Project within a reasonable time with no change in the Project, or direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or suspend or abandon the Project, or 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: ■ Professional Services Agreement • General Engineering Services December 2008. Page 6 of 17 0 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: I. 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. ■ Professional Services Agreement . General Engineering Services December 2008 Page 7 of 17 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 undated 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 ■ Professional Services Agreement • General Engineering Services December 2008 Page 8 of 17 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 0 As- Builts (1/2 size) • Test Results • Daily construction inspection reports e 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. ■ Professional Services Agreement . General Engineering Services December 2008 Page 9 of 17 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. ■ Professional Services Agreement • General Engineering Services December 2008 Page 10 of 17 . 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 Citys 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. ■ Professional Services Agreement • General Engineering Services December 2008 Page 11 of 17 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 ■ Professional Services Agreement General Engineering Services December 2008 Page 12 of 17 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 - TERNUNATION 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 ■ Professional Services Agreement . General Engineering Services December 2008 Page 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 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. ■ Professional Services Agreement General Engineering Services • December Page 14 of 17 17 0 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. ■ Professional Services Agreement General Engineering Services • December Page 15 of 17 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: Maria Menendez, City Cler ATTEST1 FLO ` A ) ss: Acknowledgement of City of COUNTY OF DAD ) CITY OF SOUTH MIAMI 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. STATE OF FLORIDA ) COUNTY OF DADE ) • Professional Services Agreement General Engineering Services December 2008 Page 16 of 17 Notary Public, State of Florida Print name: Commission No: ss: Acknowledgement of Consultant • The foregoi�}g instrument was acknowledged C�f/!� �CQ,CI�>PXrcunp —. of-7~' before me this '_ day of �w N20�by /-/ Y , on behalf of the CONSULTANT. He is personally known to me or has prod ced as identification. aNotary PuMe State of Pbrida Trudy L Molendyk My Commtttkm OD48S196 Expires 08/21/2009 APPROVED AS TO. FORM & CONTENT Luis Figueredo, City Attorney • • Professional Services Agreement General Engineering Services December 2008 • Page 17 of 17 NotaKy Ki6l ic, S ate of Florida Print 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 this ement ,l/ 1 Of 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 �greement promptly after each Notice to Proceed. /e4 t of 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 �' l� tY documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approvaWn writing. SECTION 2 - PROFESSIONAL SERVICES ,' 2.1 General Engineering Services cons u L."�p1N r � o� The professional services to be provided by theZnsu�ltat are as follows: 616211 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. • Professional Services Agreement General Engineering services December 2008 • Page 2 of 17 • 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), PIanning 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 ■ Professional Services Agreement General Engineering Services December 2008 Page 3 of 17 • qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. 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 — Sttldv 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. ■ Professional Services Agreement General Engineering Services December 2008 • Page 4 of 17 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 Constriction 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. + Professional Services Agreement General Engineering Services Mcember 2008 Page 5 of 17 • 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 1. 2. • 3. 4. 5. :he lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: approve the increase in Project Cost and award a construction contractor, reject all bids and rebid the Project within a reasonable time with no change in the Project, or direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or suspend or abandon the Project, or 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. • Professional Services Agreement General Engineering Services December 2008 • Page 6 of 17 • 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. 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 • Professional Services Agreement General Engineering Services December 2008 • Page 7 of 17 • 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. S. 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 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. Professional Services Agreernent General Engineering Services December 2008 • Page 8 of 17 • • 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. ■ Professional services Agreement General Engineering Services December 2008 Page 9 of 17 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: Professional Services Agreement General Engineering Services December 2008 • Page 10 of 17 Cate Hourly rates will include all wages, benefits, overhead and profit. Y t° Z� 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 Il. • 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: I. 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. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. ■ Professional Services Agreement General Engineering Services December 2008 • Page 11 of 17 • 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 S - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in Iitigation 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 - 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. Professional Services Agreement General Engineering Services December 2008 Page 12 of 17 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 ff parties hereto. SECTION 15 - RENEWAL OPTION oil v� �+ This greement maybe renewed, at the sole discretion of the CITY, for an additional period of oneyear 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 parry 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 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 General Engineering Services December 2008 Page 13 of 17 • 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. 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 General Engineering Services December 2008 • Page 14 of 17 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. ■ Professional Services Agreement General Engineering Services December 2008 • Page IS 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: 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 ) ■ Professional Services Agreement General Engineering Services e16o 17 Page ' e 16 o Pagf 17 The foregoing 'ns ment was acknowledg before e this 3 da.y of 20kj by • roottS of �rC () +�.� i n �!c • on behalf of the O ULTANT. Al R,t Q�l E D He is personally known to me or has produced ` e as identification. Print name: Commission N P'f'`'�°�ry APPROVED AS TO FORM &CONTENT ?o�,� E tlr�n DD833139 Luis Figueredo, City Attorney r � �J Professional Services Agreement General Engineering Services December 2008 • Page 17 of 17 RESOLUTION NO.: 205 -08 -1 2802 • 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, K[MLEY- 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 IntemationaUHJRoss • K.imley -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: 1 910 •....• �•. APPROVED: A �, Commission Vote: 4-0 Mayor: Horace G. Feliu Yea Vice Mayor: Brian D. Beasley Yea Commissioner: Jay Beckman Yea Commissioner: Velma Palmer Yea • r, {.i MIt C F F- - e �iFI C: ; 'F'GRi�TfO "ExceYtence; Integrity -anti Ind usfon" 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, ose H. Olivo, P.E. Engineering & Construction Operations Manager Cc: W. Ajibola Balogun, REM, City Manager f�'giisaering , 'Cons r �tfbn bep rtirite�i 4795 SX. '16th AVbWU76, .M &MI, -146rlda 331 5 j E'ia{ `� `f �• Tom. /�! i� cellerice, Iriteg i ty and Ync.usion 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 is'Engineering & Con§truc'tion IIep'frtnietit 47795 S:W. 75t" vbnue, "Mia nl, Ylorida 33155 4 %xcellence, Integrity and Inclusion" January 21, 2009 Mr. Juan E. Jimenez, P.E. Pro1cet. Manager/ Associate Kim ley- Rom and Associates, Inc. 420 Lincotn Road, Suite 353, Miami Beach, Florida 33139 Reference: Professional General Engineering Semices Agreement, City of South Miami, Florida Dear Mr. Jimenez.: • Attached is the referenced a,' reernent 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 H. Olivo, P.E. Engineering & Construction Operations Manager Cc: W. Ajibola 13alogun, REM, City Manager JAN 2 9 2008 0 Engineering & Construction Department 4795 S.W. 750L Avenue, Miami, Ftorida 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 tel 305- 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. WIM/ nno • 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_. I-la.c. • 2008 PSMJ A/E Fees & Pricing Survey, 23rd Edition The PSMJA/E Fees &c 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 °io 4.0% --•- -------- --- -• -•- - -- "' UP 2.0% _ - . 1 I r E r -2.0% ------- ------------------------------------------------- _............................ ti PGross 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 j Associate Project Manager j Project Architect j Project Engineer Architect j Senior Engineer l Intern Architect j Engineer j Junior Engineer j Designer j Senior Drafter /CAD Drafter /CAD Spec Writer Estimator j Job Site Inspector j Clerical $o r I� $20 $40 $60 $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. 6 ism r I ; t $120 ©2008 PSMJ Resources, Inc. How to Improve Myself to Get Ahead in My Work - US charge out rates survey •Engineer - (PE) - $98 Sr. Engineer - (PE with grey hair /bald) - $112 IRstuff (Aerospace) US defense engineering contractors are generally in the range of $150 /hr to $200 /hr TTFN v FAQ731 -376: Eng- Tips.com Forum Policies 1tiohnson1111 (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) http: / /www.eng- tips .com /viewthread.cfm ?qid= 186377 Page 5 of 7 9 May 07 21:13 10 May 07 19:12 16 May 07 10:37 19 Aug 07 23:22 2/9/2009 is • Page 1 of 1 01 No 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: /Avww.eacconsult.com 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 execution date and on each contract year thereafter ana will De Dasea on inree percent 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\CONTRACIICONTRACTS 2008 \8024.SD01 -00 \Changes to Contract.doc sourq South Miami • City of South Miami ia,Uwicae • INCORPORAi PUBLIC WORKS DEPARTMENT I �. 1937 o Rtiv°' 4795 SW 76th Avenue Miami, FL 33155 2001 Tel. (305) 663 -6350 Fax (305) 668 -7208 Febntary 10, 2009 Mr. Rick Crooks, P.E. President EAC Consulting, Inc. 815 NW 571" 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 yoti 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 yow* comment and initial change. 2. Comment: Section 1.5 Capitalize Agreement Response: Edit test in agreement per yotn' comment and initial change. 3. Comment: Section 1.8 Add "s" to approvals Response: Edit teat in agreement per your comment and initial change. 4. Comment: Section 2.1 First sentence all caps CONSULTANT Response: Edit text in agreement per yotn• 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 below in bold italics. Please reconsider your proposed rates and revise as necessary. �J apUr. South Miami 04 . a q OfteftaCHY • INCORPORAtED 1927 t p Ent 2001 Categories CSM Ranee 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 $56.42 ( "Engineer" rates shall apply for Env. engineer) 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 Miand does not allow mutual inct•eases to how-ly rates on Professional Service Agreement for General Engineering Services 7. Comment: Section 11 Will EAC will be able to utilize Sub consultants? Response: Yes. EAC ►vill be able to utilize sub consultants, as long as rates are the same as per- the 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 wording in agreement. Yes. EAC will be able to utilize sub consultants, as long as rates ai-e the same as per the executed agreement. 9. Comment: Section 15 Capitalize Agreement Between the words one and year, insert (1). Response: Edit text in agreement per your• comment and initial change. 10. Comment: Section 16 Change the word "contract" to "Agreement" Response: No changes needed to wording in agi-eentent. • • 04 govT,�� South Miami F r r .. �e U '+ • INCORVoRam 1921 � 0 It i 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 the at (305) 663- 6350. cerely, K-1 ose Olivo, P.E. Public Works Director cc: City Mgr. Page 1 of 1 Olivo, rFrom Sent: To: Cc: Jose Lexy.Kaptaine@kimley-horn.com Thursday, February 05, 2009 10:20 PM Olivo, Jose 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 he 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, ZCV KIMLEY -HORN AND ASSOCIATES, INC. Alexandra Mann Kaptaine 1691 Michigan Avenue - Suite 400 Miami Beach, FL 33139 -2557 W:305.535.7754 (Direct) W:305.673.2025 (Office) V: 305.673.4882 (fax) ®: Iexy.kaptaineCa7 kim ley- horn.com H: www.kimley- hom.com/kha 2/23/2009 [10 =11 Wey -Horn ® 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 • m: \marketing \south miami, city of\2009 genengsyscagrmt \appendix a -d7 rate schedule.doc 2/5/20099:57:39 PM "Excellence, Integrity and inclusion" January 21, 2049 Mr. ,Lunn Cs. Jimenez, Project Nfanal er/ Associate Kimley -1 -torn and Associates, [tic. 420 Lincoln Road, Suite 353, Miami Beach, Florida 33139 Reference: Professional General Engineering Services Agreement City of south lb nmi, Florida Dear Mr. Jimenez • Attttc;hed is the refer • ced agreeent tier your review. You are try complete Section 4 -A through Section 4.9td m 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 meat (305) 668 -7354. Sincerely, 3jrwos-e11. c)livo, P.I . Engineering & Construction Operations Manager Cc: 1V, A.Pbola Balogim, RFIK City Manager JAN 2 9 (1 003 Engineering & Construction Department 4795 B.W. 751* Avenue, Miami, Florida 33155 i "Excellence, Integrity and inclusion" January 21, 2049 Mr. ,Lunn Cs. Jimenez, Project Nfanal er/ Associate Kimley -1 -torn and Associates, [tic. 420 Lincoln Road, Suite 353, Miami Beach, Florida 33139 Reference: Professional General Engineering Services Agreement City of south lb nmi, Florida Dear Mr. Jimenez • Attttc;hed is the refer • ced agreeent tier your review. You are try complete Section 4 -A through Section 4.9td m 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 meat (305) 668 -7354. Sincerely, 3jrwos-e11. c)livo, P.I . Engineering & Construction Operations Manager Cc: 1V, A.Pbola Balogim, RFIK City Manager JAN 2 9 (1 003 Engineering & Construction Department 4795 B.W. 751* Avenue, Miami, Florida 33155 • • sour,, City of South Miami 3 PUBLIC WORKS DEPARTMENT 4795 SW 75th Avenue cmaroan *co A Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 February 10, 2009 Mr. Joan E. Jimenez, P.E. Project Mgr. /Associate Kimley -Horn and associates, Inc. 420 Lincoln Road, Suite 353 Miami Beach, Florida 33139 South Miami N1 2001 Reference: Professional Services Agreement for General Engineering Services City of South Miami (CSNI), Florida Dcar iYir. 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: I . Comment: Page 6 of 17, Item 2.2.4: D. Last sentence in last paragraph to read as i:ollows: 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 per your coirunent 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 I fiand does not allow annual increases to hourly rates oil Professional Service Agreement for General Engineering Services. 3. Comment: Appendix A: Kimley -Horn & Associates (KFIA) Rate Schedule Response: KHA proposed hourly rates not consistent with the City's exl)ected range of hourly rates for Professional General Engineering Services are shown below in bold italics. Please reconsider your proposed rates and revise as iT ecessarV. • Categories CSM Range K14A Principal 5150 -5204 $220.00 Project Mgr. S 120 -S I64 $155.00 Senior Engineer 5100 -5128 $165.00 Engineer $90 -$102 S100.00 Construction Mgr. $100-S152 $155.00 Construction Inspection $65 -S81 $110.00 Senior DRaftestnen /Techncoal /CADD Operator $75 -S76 $122.50 Draftsmen $65 -S67 $92.50 Data Processing/Clerical S50 -S52 $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 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 me at (305) 663- 6350. • Sincerely, ose Olivo, P.E. Public Works Director cc: City Mgr. J Page 1 of 2 Olivo, From: Sent: To: Cc: Jose Lexy. Kaptaine @kimley - horn.com Friday, February 13, 2009 5:44 PM Olivo, Jose 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. W4CZ5y KIMLEY -HORN AND ASSOCIATES, INC. Alexandra Mann Kaptaine 1691 Michigan Avenue - Suite 400 Miami Beach, FL 33139 -2557 'x:305.535.7754 (Direct) 2:305.673.2025 (office) 2: 305.673.4882 (fax) ®: lexy kaptaine @kimley -horn com Q: 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• is 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, . CZ9 KIMLEY -HORN AND ASSOCIATES, INC. Alexandra Mann Kaptaine 1691 Michigan Avenue - Suite 400 Miami Beach, FL 33139 -2557 W:305.535.7754 (Direct) 2:305.673.2025 (Office) 9: 305.673.4882 (fax) ®: Iexy. ka ota ineakimley- horn.co m H: www.kimley- horn.com/kha 2/23/2009 • • C7 �-a KimleyHorn and Assayates, Inc. February 13, 2009 Jose H. Olivo Jr. PE Public Works Director City of South Miami 4795 SW 75 Avenue South Miami, Florida 33155 1691 Michigan Avenue Suite 400 Miami Beach, FL 33139 305.673.2025 305.673.4882 Via: JoseO(cr)ciiyofsouthmiami.net 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. Aaron E. Buchler, PE Associate