02-06-07 Item 5 PlanSouth Miami
AWAmetcaM
CITY OF SOUTH MIAMI 11111, 1
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�� oP OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director `
Public Works & Engineering Department
Date: February 6, 2007 Agenda Item No.:
Subject: Approval of Professional Service Work Order.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN,
P.A. (C3TS) FOR FINAL DESIGN AND PREPARATION OF CONSTRUCTION
DOCUMENTS FOR SUNSET DRIVE IMPROVEMENTS IN AN AMOUNT OF
$276,000 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106 -
1726- 536 -3450 AND THE CITY'S ACCOUNT, NUMBERS 001 - 2100 - 519 -3171
AND 124- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to approve professional service work order for
Sunset Drive Improvements' final design and preparation of construction
documents
Reason/Need: As the City's engineering consultant for the Downtown Improvements
consultant (via attached resolution numbear 101 -02- 11450) and as one of
the City's professional general engineering consultants, C3TS will provide
final design plans and preparation of construction documents for
infrastructure improvements along Sunset Drive from western limits of
City to US -1. The proposed `design plans will be consistent with the
Master Plan adopted via resolution #: 214 -06 -12355 on November 28,
2006. The project will be designed on 4-phases (4 different sets of plans)
and each phase will be constructed asJundirrg becomes available.
Cost: $276,000.00
Funding Source: FDEP's grant account number 106- 1726- 536 -3450 will fund $138,000
and the City's account numbers 001 -2100 -519 -3171 and 124- 1730 -541-
3450 will fund $75,000 and $63,000; r'eepfttively. The current account
balances are:
• 106 -1726- 536- 3450 $800,000
• 001 - 2100- 519- 31.71 - $75',000
• 124 -1730- 541 -3450 - $264,800
Agenda Item No.:
C3TS Agreement for Sunset
Feb. 6, 2007
Backup Documentation:
❑ Proposed Resolution
❑ Adopted resolution number: 101 -02 -11450
❑ Adopted resolution number 214 -06 -12355
❑ C3TS' Work Order for Professional Services
❑ C3TS' Professional General Engineering Service Agreement
:Page 2 of 2
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER
TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL
DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET
DRIVE IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT
ACCOUNT NUMBER 106 - 1726- 536 -3450 AND THE CITY'S ACCOUNT NUMBERS
001 - 2100 - 519 -3171 AND 124 - 1730 - 541 - 3450; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements
along Sunset Drive from SW 62nd Avenue to US -1, while landscaping, entrance feature and improved
sidewalk will be designed for the area from SW 62nd .Avenue to the western City limit; and
WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for
profession engineering services for the final engineering design plans and preparation of construction
documents for the Sunset Drive Improvements project; and
WHEREAS, the professional service will be funded through FDEP grant account number 106-
1726- 536 -3450 will fund $138,000 and the City's account numbers 001 - 2100 - 519 -3171 and 124 -1730-
541 -3450 will fund $75,000 and $63,000, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a professional service
work order with C3TS in an amount of $276,000.00 for the Sunset Drive Improvement's final design and
preparation of construction documents.
Section 2: The professional service will be funded through FDEP grant account number 106-
1726- 536 -3450 at $138,000 and the City's account numbers 001 - 2100 - 519 -3171 and 124- 1730 -541-
3450 will fund $75,000 and $63,000, respectively.
Section 3: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Include File Name and Path
day of
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
4.
RESOLUTION NO. 101 -02 _ 1 145 0
A RESOLUTION OF THE MAYOR. AND CITY COMMSSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL
ENGINEERING, ARCHITECTURAL & LAND SURVEYING SERVICES
AGREEMENT WITH NUMBER ONE RANKED. FIRM OF CORZO
CASTELLA CARBALLO THOMPSON SALMAN,, '�-A., ` FAILING THAT
WITH THE SECOND RANKED FIRM OF KUNDE SPRECHER &
ASSOCIATES, INC., FAILING THAT TO THIRD RANKED FIRM OF
BERMELLO AJAMIL & PARTNERS, INC. FOP, THE DOWNTOWN
INFRASTRUCTURE B PROVEMENTS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of South Miami, Florida, desires to retain a
qualified professional engineering, architectural and land surveying firm for the Downtown
Infrastructure Improvements; and
WHEREAS, pursuant to Florida Statute 287.055 the City ' published a notice for Letter of
Interest and Qualification for Professional Engineering, Architecture and Land Surveying
Services; and
WHEREAS, the City received a total of eleven (11) responses as a result of the published
notice; and
WHEREAS, the City having followed the requirements established by Florida Statute
287.055, Acquisition of Professional Services for Architects and Engineers, recommends
three top ranked firms in order of preference.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, that:
Section 1: The City Commission approves the recommended ranking of the three top ranked
firms as follows: ,
1. Corzo Castella Carballo Thompson Salman, P.A.
2. Kunde Sprecher & Associates, Inc.
3. Bermello Ajamil & Partners, Inc.
Section 2: That the City Commission authorizes the City Manager to negotiate an agreement
for Professional Engineering, Architecture & Land Surveying Services, for the Downtown
Infrastructure Improvements with the first ranked firm.
Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked
firm the City must formally terminate the negotiations and undertake negotiations with
second ranked firm, failing that undertake negotiation with the third ranked firm.
E..
L,
Res. No. 101 -02 -11450
Section 4: That the negotiated professional service agreernd tf be brought back to the City
Commission for approval.
PASSED AND ADOPTED this 23rd day of July , 2002.
ATTEST;,-
%�� � V
Ronett Taylor, City d Julio Robaina, Mayor
Commission Vote: 5 -0
AND APP VE AS TO F Mayor Robaina: Yea
Vice MgYdr Russell: Yea
Commissioner Bethel: Yea
Earl p, City Attorn Commissioner Wiscombe: Yea
Commissioner Feliu: Yea
L,
Resolution on Six Traffic Circles.'
RESOLUTION NO. 214 -06- 12355
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ACCEPTING THE SUNSET DRIVE IMPROVEMENTS
CONCEPTUAL MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO
PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN AS
FUNDING BECOMES AVAILABLE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission approved. resolution number 73 -06 -12214
to provide preliminary design (conceptual master plan) for Sunset Drive and the City Hall
parking area.; and
WHEREAS, in preparing the conceptual master plan, the City staff and consultant held 2
public workshops and presented the project to the City's Environmental Review & Preservation
Board; and
WHEREAS, the conceptual plan considered two urban design charrettees that were held
in the early 1990's which resulted in the City's adopted "Hometowh'Plan" Area 2; and
WHEREAS, according to the plan, creating a landscaped median will slow traffic:
°making Sunset Drive safer for motorists and pedestrians" because "trees accentuate the sense
of speed and will cause drivers to slow down," and Street trees are crucial to the City's image
and energy efficiency."
NOW, THEREFORE, BE IT RESOLVEDIORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. That the Mayor and City Commission accept: the Sunset Drive Conceptual
Master Plan and authorize the City Manager to commence - implementation of the plan as
funding becomes available.
Section 2. The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this day of , 2006.
READ AND APPROVED AS TO FORM:
C ORNEY
APPROVED:
I )r_�, 1� L-,- /-,
MAYO
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
absent
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
C3TS WORK ORDER FOR PROFESSIONAL SERVICES
TO: City of South Miami
Public Works Department
Engineers 4795 SW 75tl' Avenue
Architects
P l a n n e r s South Miami, Florida 33156:
ATTENTION: W. Ajibola Balogun, Public Works Director
Date: 12/15/06
File: 1929 -26
PROJECT NAME: Sunset Drive Improvements (Western City Limits to US -1)
Final Design Phase
City of South Miami, Florida._:
SCOPE OF PROJECT:
Streetscape /Landscape /Infrastructure improvements along Sunset Drive from western city
limits to US -1, substantially in accordance with Conceptual Design Master Plan prepared by
EB0005022 C3TS and approved by City Commission on 11/28/06, Proposed improvements from western
AAC0021 42 city limits to SW 62 "a Avenue. include landscaping, irrigation, sidewalks and a city entrance
feature. The proposed improvements from SW 62" Avenue to US -1 include sidewalks,
curbing, drainage, median construction, landscaping, irrigation, paving, street furniture, lighting,
signage, pavement marking and signing. The project also includes improvement to the City
Hall parking lot and entrance.
This roadway is currently an FDOT roadway, and as such, any improvements would need to
meet current state standards. The City of South Miami is in the process of transferring the
jurisdiction of this roadway segment from FDOT to the City of South Miami. The design of the
improvements will be performed assuming that the transferwill be successfully completed, and
therefore the project need not meet state standards. If the jurisdictional transfer is not
completed, then the construction plans may not:.meet state standards making the plans
unpermittable.
SCOPE OF SERVICES:
Final design and preparation of construction documents (4 construction plan sets: US -1 to 62 "d
Avenue / City Hall / 62,d Avenue to west City Limits), specifications, project manual and cost
estimates for the various streetscape infrastructure components; Streetscape/ sidewalks /street
furniture, street amenities (entrance features, fountains and clock tower), roadway and
drainage, pavement marking signing and signal modifications, lighting and electrical, and
landscaping and irrigation. Services include permitting assistance through MDCPW- Traffic,
MDWASD, FDOT (for connections at either end of project), South Miami Public Works
Department and Miami -Dade DEERIVI Water Control.
Our services also include assistance to the City of South Miami in applying for and processing
documentation for LAP Certification through the FDOT.
901 Ponce de Leon Bleed.. Suite goo Coral Gables, Florida 33134 3Q5.445.2900 1.800.44&Q227 Facsimile 305.445.3366
Web Site: www.c3ts.com Equal Opportunity Employer
W.O. Sunset Drive Improvement
(Western City Limits to US -1)
December 15, 2006
Page 2
TERMS AND CONDITIONS:
All terms and conditions shall be per our General Agreement for Professional Services for
Downtown Infrastructure Improvements. Our fees for the above services shall be as per the
following lump sum fee schedule:
Final Design Phase .............................. ............................... $276,000
The City of South Miami will be responsible for any permit fees, and these are not included
in the above fees. If need be, we can pay those fees and be reimbursed by the city at cost +
10 %.
We are ready to begin working on this assignment upon your authorization to proceed. If
acceptable to you, we will accept a signed copy of this form as your written authorization to
proceed with the assignment.
Thank you.
Corzo Castella Carballo Thompson Salman, P.A.
< 0/
amon astella, P.E.
Vice- President
RC /er
City of South Miami
Approved by:
Date:
L: \Projects \1929- 00 \W.0- Proposals \W.O.SunsetDrlmpWCtoUS1112006. doc
Corzo Castella Carballo Thompson Salman, P.A.
FEE WORKSHEET
DATE: 15- Dec -06
PROJECT: Sunset Drive (Western City Limits to US -1)
City of South Miami.
Final Design Phase:
Fee Worksheet - Page 1
Landscaping /Irrigation Sub - Consultant $21,000 + $200 expenses
$21,200
Reproduction Costs (Submittals and Permitting Printing) $1,850
Total $276,090
/
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� �.�" ���'°�`�
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0
�F
Clerical,
Streetsc
Architectural Treatment Plans (8
shts. @ 1 "= 10' & 4 shts. @ 1 "= 5')
8
16
40
60
80
City Hall Parking Lot Plans (1" =20')
6
12
36
48
64
Streetscape Details (4 sheets)
4
12
16
24
24
Coordination w/ Landscaping, Lighting,
Drainage & Utilities
4
12
24
12
12
4
Clock Tower /Entr. features /fountains
12
48
72
64
120
Roadway and Drainage
Key Sheet
4
8
12
24
Typical Sections (3 sheets)
2
12
36
16
48
Plan & Profile Sheets (5shts @ V= 20')
12
48
72
80
160
Double Plan Sheets (4shts @ 1 ".= 20')
12
48
64
48
120
Plan Sheets (City Hall) 1 " =20'
81
24
48
64
120
Special Plan Details (2shts.)
4
12
24
24
48
Special Profiles (4 shts.)
4
16
48
24
36
Cross Sections (4 shts.)
2
12
60
24
48
Notes, Details & Schedules (3 shts.)
12
24
12
24
Phasing & MOT Plans (3 shts.)
6
12
24
24
36
Pavement Marking, Si qnjag & Signals
PM &S Plan Sheets (7 shts.)
4
16
24
16
48
Intersection Signal Details (3 shts.)
4
24
48
24
60
4
Details and Notes
2
12
12
24
Li qhtinq and Electrical
Lighting Level Studies
2
12
24
2
Coordination w/ FPL
2
12
24
24
2
Plan Sheets (4 shts.)
2
16
24
24
48
Risers, Notes, Details & Schedules
(2shts)
8
12
24
General
South Miami Coord. and Review Mtgs.
16
8
8
4
Cost Estimates (50% and 100 %)
8
36
64
36
24
8
Project Specifications
2
12
24
20
Project Manual / Bid Forms
2
12
36
12
Permitting:
MDCPW - Traffic
12
36
48
4
8
South Miami Public Works Dept.
2
4
4
Miami -Dade DERM - Water Control
2
12
12
2
Final Design Phase Sub -Total Hours
142
510
960
700
1168
66
Billing Rate
140
95
75
65
55
45
Labor Cost
$19,880
$48,450
$72,000
$45,5001
$64,240
$2,970
Labor Sub -Total
$253,040
Landscaping /Irrigation Sub - Consultant $21,000 + $200 expenses
$21,200
Reproduction Costs (Submittals and Permitting Printing) $1,850
Total $276,090
t
11/09/2006 01:49
v -,
January 11, 2006
3052358380 ROSENBERG DESIGN GP
ROSENBERG LLD P'' NIW
«'C" GARDNER
DESIGN
,�
PAO$*& April 26, 7006
Mr. Rarrum C -mtelk
C3TS
901 Ponds de Leon Blvd. Sibs 900
Coral Gables, PL 33134
RL: SUNSET DRIVE FROM SW 631° /AVENUE TO US
a7me .-
PAGE 02
We appredate being inAted to participate in the design of your project located on Sunset Drive from the Western
City limit to US I in South M- harm, FL
Rosw&wz Gardner Design (RGD) shall provide the following landscape archltectutW sarvioes for your project.
The Soope of Work Is Planting and Irrigation design for medians and sidewalks from SW 62n0 Avenue to LIST and 0*
median planting design between the Western Cky limit and SW 6V Avenue.
I) Coordinate with Architects and Engineers to determine planting opportunities in the sidewalk and median
areas along the corn ktor.
2) Prepare a Cord Landscape De viopment plan showing genies) plant maning and proposed plant
species. This plan will be a000nhpanied by a cost estimate.
3) Prepare a Planing Plan sufBdent for permitting by FDOT and the City of South Miami. Due to the amount
of detail necessary for review this plan will also be sufhidw t in detail for bidding and Installation by qualified
contractors.
4) Prepars an IrrWtbn Plan suMclent In detail for bidding and installation by qualified contractors.
5) Attend up to three (3) nheetirW with City staff, Commission or FDOT. Attendance at additional meetings
wM be billed hourly recorded portal to portal.
6) RGO will prepare plans on a base site plan provided by CTM Any changes to RGD's plans required by
changes to the site plan, shall be billed hourly. Any charges to RGD's pans required as a result of eonwro eta
eoneerri g our design by rwAaw Boards or gev wroare staff, shall be made at no additional cost.
Sand Drive Been SW 62°0 Avemre to USl Page I
) Dade: 5190 NW 167 St. State 111 I kwd, FL 33014 Phone: 305420 -7781 Fax: 305. 620 -7787 rgllcs leoothnet
Bri wed: 426 Stonemont Drive Weston, FL 33326 Plane: 954- 349 -3795 Fax: 934-349-3796'--- o@bdhoutb.*d
11/09/2006 01:49 3052358380 ROSENBERG DESIGN GP PAGE 03
ROSENBERG LAND PLANNING
GARDNER Lm/APE�IRCHITECiURE
DESIGN MEMBER
RICAN SOCIt;'rY OF
' LANDSCAPE ARCHITECTS
7) Overseeing will include up to four (4) periodic visits to the site to determine if the work is proceeding
generally in Accordance with the Contract Documents. RGD shall not be required to maim exhaustive or
continuous on -site inspections to check the quality or quantity of the work and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or safety precautions and programs in
connection with the work and shall riot be responsible for any Contractor's failure to carry out the work in
accordance with the Contract Documents. Attendance at additional site visits shall be billed hourly recorded
portal to portal.
Ili, CLIENTS RESrOMBILITIES
The Client shall provide any required site surveys„ as -built drawirigs, soil tests, as well as architectural and engineering
services as required.
111. FEES
1) The fee shall be $ 21,000 payable as follows:
$ 3,000 - upon submission of a Conceptual Plan to the Client (Item 1 -2)
$ 12.000 - upon submission of a Planting Plan to the talent pter► I-3)
$ 6,000 - upon submission of an lineation Plan to the Gaon (Item 1-4)
2) Overseeing shall be billed on an hourly basis, at the currant hourly rat, for RGD personnel. Time shall be
recorded portal to portal. Hourly rates are as follows:
$125/hr for Principal
$85/hr for Landacape Architect
$65/hr for Designer
$45/hr for Staff
3) Reimbursable expenses shall be billed at actual cost for plari- reproduction. courier fees, photographs, postage
and handling, long- distance tails and any out -of -town traveling expenses connected with the project. Prints
created in -house by RGD will be charged at $2.00 each for D size sheets (24 "x36 ") and $ 230 each for E siza
&hem (30 "x42 ").
4) ALL ACCOUNTS ARE DUE AND (PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO
CLIENT.
S) A Late Payment Charge of 1.596 per month will be added to all invoices past due.
6) If it becomes necessary incur collection fees arxl/or employ the services of an attorney to collect debt. then
such fees shall be paid by the client.
Sm set Drive fr m SW 62"1 Aver to US 1 page 2
Miami Dade; 5190 NW 167 St. Suite 111 Miami, R. 33014 Phone: 305 -620 -7781 Fax: 305- 620 -7797 rgdesign (&bellsouth,net
Rmw*n4, 4 -7b gMvw". nit #give. Wmk t, Fi: qq;M Ptmm ' 954 -x49- 3795 F*w- 9i4.R44- -1996 mr
11/09/2006 01:49 3052358380 ROSENBERG DESIGN GP PAGE 04
ROSENBERG IANID PLANNING
GA�RDNER � W - �,�'''RCrrll>rcTVRE
DESIGN AM IEI ICAN SOCIM OF
wvascAMAKCHrrKTS
1
1) Any re*lons to our drawings, spedtkations or other documents required as a result of changes to base plans
or other information or instructions provided to RGD from the Client or his Architect or Engineer, shall be
M on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also
be billed on an hourly basis.
2) When RGD is contracted to prepare plaits for the layout and design of roof top hardscape amenities,
plantings and irrigation, the Client shall provide the servioas of a structural engineer. RGD shall rely upon the
advice of the ar ginear for information as to the roof structure's weight bearing capacity, roof drainage,
waterproofing systerns, arc. RGD shall not be responsible for the preparation of structural, mechanical or
electrical construction plans for the roof top areas. RGD is not responsible for any construction operations
during Installation of elements designed by RGD that damage the structure, waterproofing or dog drains.
V. TERMiNA' ON
This agreement may be twrt driated by either party upon server (7) days written notice. In the event of
termination. RGD shall be paid its compensation for service performed to the termination date including
reimbursable a "uses then due. The ciierrt may not, at any tirim, use or allow the use of any work which is
either incomplete in any respect, or is not fully paid for, won if complete.
The persona a waxing this Wu rnent warrant and represent that they are authorized to enter Into this Agreement
on behalf of the person or entity for whom they are signing.
We look forward to being of sw vim to yak,
This W%Grnerrt is executed this a day of _, 2006.
ROSENBERG GARDNER DESIGN
By:
For the Firm
Client:
Sjgnatum
Nance & Tide Printed
Sunset 1 rhv fivm SW 62n' Avenue to US
Page 3
Miami -Dacle: 5190 NW 167 St Suite 11 I Miami, FL 33014 ,Phone: 345- 620 -7791 Fax. 345 -620 -7787 rgdesign(dbeUsonrth.net
Bruwwd: 426 StOn=Ont Drive Weston, FL 33326 Phone: 954 -349 -3795 Fax: 954-349-3796 kcWxC@bdLwj#kn0t
r•5, .
PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this _ 210 day of DOCMhW4K by and between the C1Ty
OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and CORZO
CASTELL A CARBALLO THOMPSON SALMAN, P.A.., 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 1, 2007, 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 $500,000.00
or studies which do not exceed $25,000.00, herein after called the "SERVICES ".
SECTION 1- 9ENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as
defined in paragraph 22 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 CPTY 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 WORD 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 famish 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 CTI Y'S representative advised on the pmject status at all times.
1.8 The Cr Y agrees to issue all directives and approval in writing.
SECTION 2 - PROFESSIONAL SERVICE;
2.1 General En ig nerin& 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, striping, lighting, 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 Water Distribution ,Systems Improvement / Analysis and design
and Sanitary Sewer System Evaluation and design.
D. Traffic engineering services will include daily volume counts, data analysis, preparation of
conceptual improvements plan, present reports and recommendation to stakeholders and
preparation of final traffic engineering report.
E. Environmental Engineering, to including, site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks,_ hazardous waste materials and
asbestos materials.
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 CTI'X, 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 Iead CONSULTANT as designated by
• Pmfesslwd services Agrament
General Engineering services
Decemba2004
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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 CONSULTANTS 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 .dod 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, 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.
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.
1. 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
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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.
L 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 — Stadv and Design Developm ent:
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 sim 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 Consttuction,Cost exceeds the total allocated
funds.
2.2.3 Phase III — Final Design 1 Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction of the
Project including the Proposal (Bid) Form and other' necessary information for bidders,
Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT
shall use Construction Specifications Institute (CSI) Standards and the City of South Miami
Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders,
conditions of Contract and Specifications. The CONSULTANT shall review all existing City
Specifications, for completeness prior to use and._ shall supply all needed additional
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of
linework, notes, and dimensions, when the documents are reduced to 50% of their size. All
drawings shall be. on 24" x 36" paper ("D" size), on the City's standard sheet format, unless
approved otherwise.
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C. All construction documents shall be submitted. in both, "Bard 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 o, 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 w1 not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases
the total allocated fiends or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within. the funds available.
G. Upon 100016 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.
L 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 24 sets of drawing and specifications, at no
additional cost to the CITY, for bidding purposes, unless instructed otherwise. -
I 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
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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
MY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding. and assist the CITY in
obtaining bids and awarding and preparing construction, contracts. The CONSULTANT shall
attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening
and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to
the CITY after verifying bond, insurance documents, questionnaire and reference submitted
by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct
or change Bid Documents.
C. If Pre- Qualification of bidders is required as set forth: in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and recommend acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or.
4. suspend or abandon the Project, or
5. exercise all options under the City Charter and State Law.
NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the
CITY in obtaining re-bids, and awarding the re -bid of the project. Under item (3) above, the
CONSULTANT shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest
responsible bid is over 15% of the CONSULTANT estimate.
E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
with a Contractor.. Rejection of bids by the CITY does not constitute cancellation of the
project.
2.2.5 Phase V — General Administration of the Construction Contract:
A. The Construction Phase will begin with the award of the Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
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B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall
advise and consult with the CITY and shall have authority to act on behalf of the CITY to the
extent provided in the General Conditions and as modified in the Supplementary Conditions
of the Construction Contract.
C. The CONSULTANT shall attend pre - construction meetings:
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E. The CONSULTANT shall visit the site at'least weekly and, at all key construction events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
accordance with the Contract Documents: On the basis of on-site observations, the
CONSULTANT will use reasonable and customary care to guard the CITY against defects
and deficiencies in the WORK. The CONSULTANT may be required to provide continuous
daily on -site observations to check the quality or quantity of the WORK -as set forth in this
Agreement and defined by the Scope of WORK issued for the individual project. On the
basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress
of and any observed defects and deficiencies in the WORK immediately in writing.
F. The CONSULTANT shall furnish the CITY with a written report of all observations of the
WORK made by him during each visit to the WORK He shall also note the general status
and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely, accurate, and complete
notations on record drawings.
G. Based on observations at the site and on the Contractofs Payment Certificate, the
CONSULTANT shall determine the amount due the Contractor on account and he sbaR
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.
minor deviations from the contract documents correctable prior to completion and
acceptance of the project.
R The CONSULTANT shall have an aifnmative 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
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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 Tien 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.
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 sa €e and effective manner.
B. The CONSULTANT shall furnish to the CITY reproducible record drawhi s�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 guaranteeJwarranties for correction. He
shall assist the CITY with the administration of guaranteetwamanties for correction of
defective WORK that may be discovered during the said period.
2.3 Additional Professional Services
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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._dainaged 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.
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).
L The services of one or more full -time Project Representatives.
K. Preparing to serve or serving as an expert witness itt•- 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.
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M. Preparing supporting data, drawings, and specifications as may be required for Change Orders
affecting the scope of a Project provided the Changes ark due to causes found by the CITY, to
be beyond the control of the CONSULTANT.
SECTION 3 - TIME FOR COMP1LETiON:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice
to Proceed from the CPTY 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 C]TY 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 fora task or a scope of work may be fined 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
Cate &= Hourly Rate
Principal $135
Project Manager $105
Senior Engineer $95
Engineer $75
Constriction Manager $1,60
Construction Inspection $55
Senior DraftsmantTechnica /CARD Operator = . $60
Draftsmen $55
Data Processing / Clerical $40
Hourly rates will include all wages, benefits, overhead and profit.
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SECTION 5 - PAYMENT AND PARTIAL PAYIbII✓NTS
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
lII.
75% upon 100% completion and approval of Phases M and TV.
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 VL
The CONSULTANT shall submit an original invoice to the City's project representative.
The invoice shall contain the following information:
1. The amount of the invoices submitted shall be the amount due for all WORK performed to
date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
C. Percent of work completed.
d. Amount earned.
e. Amount previously billed.
f. Due this invoice.
g. Balance remaining
h. Summary of work done this bulling 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 satisfactiog'of the CTTY's representative, who
shall decide all questions, difficulties and disputes of whatever nature•whicli 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 parries 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 bythe decision of the City Manager.
Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the
Industry Arbitration Rules of the American Arbitration Association.
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SECTION 7 - O'iNNERSHII' 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.
Nothing in this contract shall obligate the CONSULTANT to prepare for'gr appear in litigation on behalf of
the CITY without additional compensation except for any dispute arising out of this contract. The amount of
such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during. construction of the improvement
contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9 - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
considered delivered when delivered by courier or by mail to the- CITY. Any notices, reports or other
communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSU I TANT 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— SIMLETTING
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. I4or breach or violationpf this warranty, the CITY shall
have the right to annul this contract without liability.
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SECTION 13 - TIERMQNATION OF AGREEMENT -
It is expressly understood and agreed that the CrIFY 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 dete m ned 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 1, 2007, 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 a maximum of one two year term 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 evens, 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..sucl - sums to the CITY within ten (10)
days after notice that said sums are due. In the event of litigation by the other parry to enforce the provisions
of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall
attorney's fetes 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 INDEIVIlI MCATIUN
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY. The CONSULTANT shah 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 CONSULTAN'T'S or Sub - consultants, the�•registered professionals under this
Agreement.
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
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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 limif 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 = 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
limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty
(30) days prior written notice to the CirY.
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.
SECnQN 18 - AGREF.1ViEN'r NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
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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).
SECUM 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.
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.03- o q- itI (p'v
duly passed and adopt e i}by the City of South
Miami City Commission lVY' /fejy
ATTEST:
Maria Menendez, City CIerk
A
CITY OF SOUTH MIAMI
Maria V-T a'vis, City Manager
CONSULTANT:
STATE OF FLORIDA ) vlce- Pius 106,4s-
ss: Acknowledgement of City of South Miami
COUNTY OF DADE }
L
The foregoing instrument was acknowledged before me this day of� 2004 by
MARIA V. DAVIS and MARIA MENEND City Man and �res tivel of
F ty uy p� y the CITY OF
SOUTH MIAMI, on behalf of the CITY, who are personally known to me.
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STATE OF FLORIDA )
ss: Acknowledeement of Consultant
COUNTY OF DADE
Notary Public, Statd of Florida
Print name:
Commission No: o
ra , *p" * OOMMlw M NL"8EA
DDMBW
MY COMMMSION EXPIRES
pfb Q4d�4� OCT. 2.2005
The foregom instr m nt was acknowled ed before me this day of �`-� �✓ 2004 by
U M t Cry A i a ,, of Cam on behalf of the CONSULTANT.
He is personally known to me or has produced as identification.
Ntary Public, State of Florida
Print name: uCe IVA
Commission Rio: P J) 2- 6 7 -7 4-�
APPROVED AS TO FORM & CONTENT
Ci orney
• Pwfessionat services erg eenmt
General Engineering Services
December 2004
Page 16 of 16
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