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07-26-05 Item 6CITY OF SOUTH MIAMI Inter- office Memorandum TO: Honorable Mayor, Vice Mayor DATE: July 26, 2005 South Miami All- America city 2001 & City Commission lop FROM: Maria V. Davis AGENDA ITEM No. City Manager RE: Authorizing the City Manager to execute a professional service agreement with HJ Ross for the Church Street Improvements — Phase II RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO H.J. ROSS FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION PHASE OF THE CHURCH STREET IMPROVEMENTS - PHASE II, IN AN AMOUNT OF $18,548.00 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) GRANT ACCOUNT NUMBER 001 - 0000 - 131 -1416; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As one of the City's professional general engineering consultants, HJ Ross will provide construction phase professional services for Church Street Improvements Phase II from SW 68t1i Street to SW 69t" Street. The construction project will consist of drainage improvements, roadway resurfacing, wider sidewalk, landscaping, streetlights and pavement marking. This professional service will be funded through the Fiscal Year 2005 Miami -Dade County Office of Community & Economic Development (OCED) Community Development Block Grant, account number 001- 0000 -131 -1416 with a fiscal year 2005 account balance of $96,000. Attached are letters from OCED approving funding for the professional service. RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ Proposed Resolution ❑ HJ Ross' Work Order for Professional Services ❑ General Engineering Services agreement with HJ Ross ❑ July 6, 2005 & July 8, 2005 letters from OCED approving the funding. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO H.J. ROSS FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION PHASE OF THE CHURCH STREET IMPROVEMENTS — PHASE II, IN AN AMOUNT OF $18,548.00 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) GRANT ACCOUNT NUMBER 001- 0000 - 131 -1416; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide infrastructure improvements along Church Street; and, WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of HJ Ross, one of the city's approved professional general engineering consultants, for construction phase services for Church Street Improvements — Phase II from SW 68`x' Street to SW 69"' Street; and WHEREAS, this Church Street Improvements — Phase II professional services will be funded from the Miami -Dade County Office of Community & Economic Development Block Grant for Fiscal Year 2005. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is authorized to execute a Work Order with HJ Ross in connection with the construction phase services for Church Street Improvements Phase II project, in an amount of $18,548.00. Section 2: This Church Street Improvements — Phase II professional services will be funded from the Fiscal Year 2005 Miami -Dade County Office of Community & Economic Development, Community Development Block Grant, account number 001- 0000 -131 -1416, with account balance of $96,000. Section 3: The attached proposal, Professional Service Work Order, is made part of the resolution. PASSED AND ADOPTED this APPROVED: Maria Menendez, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2005. ATTEST: Mary Scott Russell, Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Birts- Cooper: Commissioner Wiscombe: Commissioner Sherar: TYLININTERNATIONAL I HJ ROSS engineers I planners I scientists June 23, 2005 Mr. W. Ajibol.a Balogun, REM Public Works Director City of South Miami Public Works Department 4795 S.W. 75`x' Avenue Re: Construction Administrative Phase Proposal Church Street (SW 59,h Place) Improvements - Prase 2 Bear Mr. Balogun: We are pleased to submit this proposal to provide bidding assistance and construction administration services for the above - referenced project, as described in the attached Exhibit "A ". The estimated cost for these services is a lump sum fee of $18,548.00. Nk'e trust you will find this proposal acceptable and await your authorization to proceed. If in agreement, please initial the attached sheets, sign on page 4 and return one original for our records. Sincerely, T.Y LIN IN'J"ERN TI'ONA /H. J. ROSS jc:'se Coordinator Enc osures 201 Alhambra Circle, Suite 900 1 Coral Gables, Florida 33134 T 305.567.1888 1 F 305.567.1771 1 www.ylin.com Mr. Balogun Church Street Construction Administration Services June 23, 2005 Page 2 of EXHIBIT "A" CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS —PHASE 2 S.W. 68TH STREET TO S.W. 69TH STREET PROPOSAL, FOR GENERAL ENGINEERING SERVICES L DESCRIPTION OF THE PROJECT The project consist of the reconstruction of portions of S.W. 59`" Place, all within the City of South Miami (CITY) Project elements include drainage, water main, sidewalks, paving, landscaping, electrical, irrigation and street furniture. TYLIN INTERNATIONAL /HJROSS (CONSULTANT) will provide construction administrative services for the above - referenced project. This work will be performed in accordance with the Professional Service Agreement for General Engineering Services (AGREEMENT) dated December 2004 as amended herewith. II. SCOPE OF SERVICES The specific work scope tasks to be performed by CONSULTANT and its sub - consultant are: 1) PHASE V: CONSTRUCTION ADMINISTRATION PHASE CONSULTANT agrees to provide the Phase V — General Administration of the Construction Contract services ii-i accordance with Paragraph 2.2.5 of the AGREEMENT with the following modifications: 1.1 CONSULTANT bases fee for this task on a construction time of 120 calendar days (16 weeks) from award of Construction Contract to approval, by the CONSULTANT, of Contractor's final Payment Certificate. 1.2 CONSULTANT bases fee for this task on conducting weekly site visits and part- time on -site observations at an average of ten (10) hours per week, three hours per week of construction management and one hour /week of project management. In the event that continuous daily on -site observations are required as stated in Paragraph 2.2.5.E. of the AGREEMENT, CONSULTANT reserves the right to negotiate additional fees with the CITY at the hourly rates found in Section 4 of the AGREEMENT. 1.3 CONSULTANT bases fee for this task on participating on two (2) Public Involvement Meetings and one Meeting with the CITY's Community Redevelopment Agency (CRA) at four hours each of project and construction management. III. SUBCONSULTANTS The below listed Sub - Consultants will assist in the performance of the project: Mr. Balogun Church Street Construction. Administration Services June 23, 2005 Page 3 of 4 Sub - Consultant Name Palm Engineering Group, Inc. IV. SCHEDULE OF DELIVERABLES V. Speciafty or Expertise Construction Inspection Services CONSULTANT will submit the following deliverables to the CITY: SCHEDULE OF DELIVERABLES Task No. Description of Deliverable 1 Copies of Pre - construction agenda and minutes, shop drawings, change orders, payment Task Name and /or Activity Description certificates, construction observation reports, test results, and correspondence. SCHEDULE OF SERVICES CONSULTANT shall perform the Work as depicted in the table below following receipt of a written Notice -to- Proceed from the CITY. SCHEDULE OF WORK ( *) Task Task Name and /or Activity Description Duration Fee Basis 2 No. Task Name and /or Activity Description Work Projected Projected days Start Date Finish Date 2 PHASE V: CONSTRUCTION ADMINISTRATION PHASE 80 07 -20 -05 11 -20 -05 * The above schedule assumes CITY will issue a Written Notice to Proceed on July 9, 2005 VI. COMPENSATION CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum, Fixed fee of $18,548.00 SUMMARY OF COMPENSATION Task No. Task Name and /or Activity Description Fee Amount Fee Basis 2 PHASE V: CONSTRUCTION ADMINISTRATION PHASE $18,548.00 Lum Sum, Fixed VII. SERVICES NOT INCLUDED The following services are not included in the Scope of Work for this project: 1. Roadway Engineering services identified in Paragraph 2.1.A of the AGREEMENT. 2. Drainage Design services identified in Paragraph 2. 1.13 of the AGREEMENT. 3. Civil Engineering services for Sanitary Sewer System Evaluation and design identified in Mr. Balogun Church Street Construction Administration Services June 23,2005 Page 4 of 4 Paragraph 2.1.0 of the AGREEMENT. 4. Traffic Engineering services identified in Paragraph 2.1.D of the AGREEMENT. 5. Environmental Engineering services identified in Paragraph 2.1.E of the AGREEMENT. 6. Phase I services identified ;n Paragraph 2.2. 1. of the AGREEMENT. 7. Phase II services identified in Paragraph 2.2.2 of the AGREEMENT. 8. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT. 9. Geotechnical Engineering Services including subsurface explorations and/or testing. 10. Pennitting Services VIII. PROJECT MANAGER CONSULTANT's Project Manager for this Work Order assignment will be Jose Nessi. Prepared by: Approved by: Jose M. Nessi W. Ajibola Balogun, REM Public Works Director Date Date 1PRvfr "rrSSiOiVAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this p.e OF SOUTH MIAMI - day of eo►br, 2004 by and between the CITY ,apolitical. ASSOCIATES, INC., ubdivision of the State of Florida, referred to as the "CITY" and H. ROSS ROSS INC. authorized to do business in the State of Florida, referred to as the IITYULT.4IVT ". In consideration of the premises and the mutual covenants contained in this agreement, the C agrees to employ the CONSULTANT for a period ending on December 1, 2007, and the CONSULT TTY agrees to perform all professional services in connection with the WO CONSULTANT continuing basis in connection with projects where the basic construction costs does not exbeedh Sein, on a or studies which do not exceed $25,000.00, herein after called the "SERVICES ". $ 00,000.00 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 performed by other professional consultants or for other miscellaneous engineering services that may be required. Y 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CTTy. e CITY reserves, at all times, the right to perform any and all engineering work other engineers. This Agreement does not confer on the CONSULTANT any exclusive ri r W o CITY WORK, nor does it obligate the CITY in any manner to gh CONSULTANT. The CONSULTANT may submit proposals for anyuProfes Professional services r ices the which proposals may be publicly solicited by the CITY outside of thus agreement. for 1.3 _'Me !QUy.will confer with the CONSULTANT before -any Notice to Proceed is issued to d .. -scope of the WORK; the time needed to complete the WORK and the fee for the services is iscuss the rendered in connection with the WORK. be 1.4 The CONSULTANT will submit a proposal upon the MY'S request prior to the issuance of a Noti to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. th 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 to Proceed. Notice 1•� The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at whit their presence is required. h 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 tunes. 1.8 ine CTl f agrees to issue all directives and approval in writing. SECT-ION 2 - PROFESSIONAL SERVICES 2.1 General En 'ngl eering 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 gn 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. Piofessionan services Agreement General Engineering Services December 2004 Page 2 of 16 2.2.1 Phase I- Preliminary and Schematic Desi!?n: A. The CONSULTANT shall confer with representatives of the CITY and the using agency to detennine the full scope of ule Project that will: meet the program requirements, and shah advise *-he CITY if, in the CONS UL1 ANT'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, 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. 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 qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices.' Professional Services Agreement General Engineering Services December 2004 Page 3 of 16 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 Stad;r 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, of Contract and Specifications. The CONSULTANT shall reviewall 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. 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: Professional Services Agreement General Enginee -dng services December 2004 Page 4 of 16 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 HL the CONSULTANT shall s, br =•� ��� ,z., .�it t�,� ��� copies to the CY:IY 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 M 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 24 sets bf drawin _gs.__aid sspecificati ons, at - -no additional cost to the CITY, 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 �ene.u: Engineering Services December 2004 Page 5 of 16 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 CONSU .MNIT Shall attend all prG bid conferences. T'he 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 -hid 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. 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 Professional Services Agreement General Engineering Serinces December 2004 Page 6 of 16 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 shad at all tunes 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 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. Professional Services Agreement_ Genera Engineering Services December 2004 Page 7 of 16 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 " - SULTANT 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. 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 CTI'Y, 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 CTTY, 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. 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. ■ Professional Services Agreement General EngWeering services December 2004 Page 8 of 16 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. Planinina 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. 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. ■ Professional Services Agreement General Engineering Services December 2004 Page 9 of 16 SECTION 3 - TDAE 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: Category Hourly Rate Principal $135 Project Manager $101 Senior Engineer $92 Engineer $72 Construction Manager $92 _Construction Inspection - Senior Draftsman/Technical/CADD Operator $63 Draftsmen Data Processing / Clerical 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 constrn,c +.ion projects where fee or each phase • Professional Services Agreement General Engineering Services December 2004 Page 10 of 16 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 11. 55% upon submittal and approval of 50% complete drawings and outline speczrcations of Phase 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. 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 party, 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 ■ Prof sswnal Ser.;ces Agreement General Engineering Services December 2004 Page 11 of 16 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. SPEC TIO S - COLM APPEARANCES. CONFERENCES AND ]HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall not sublet; assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in Professional Services Agreement Cenneral Engineering Services December 2004 Page 12 of 16 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 1, 2007, although the acluai completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORD, 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 Cl'l'r', for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT In the event either parry 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 - 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 INDEMNIRCATION 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 t he Professional services Agreement General Engineering Services December 2004 Page 13 of 16 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 hiterest 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 -S 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 Professional Services Agreement General Engineering Services December 2004 Page 14 of 16 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 tr This writing embodies the -entire Agreement lent and understanding between the patties 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.g°'oq`1110; duly passed and adopted by the City of South Miami City Commission 3,00 ATTEST: CITY OF SOUTH MIAMI aria Me , City lerk Maria V!Davis, City Manager ATTEST: CONSULTANT: H - -S- doss G. Ae*k4AAZ-&- 11'�a��v i STATE OF FLORIDA s'I Acknowledgement of City of South Miami COUNTY OF DADE ) The foregoing instrument was acknowledged before me this i l� day o� g g g , 2004 by MARIA V. DAVIS 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 polo ,w%,/ PU4 �MXALGARCIA y i f ProFessioaa services Agreement yG - ;gSM 6 General Engineering Sen4ces- 1� ^rte+ December 2004 c r iAy CONIMIsstCg °I`� =5 Page 15 of 16 t , 0 F F> ___ .. Ot.T. 2.2GC Print name: o I t n 01 �i&enac+ L Commission No: _1—b 3 G G 1,a STATE OF FLORIDA ) SS: Aelcnowledgement of Consultant COUNT' OF DA DE ) The foregoing instrument was acknowledged before this. r a day of pVeM 2004 by �} N t anr? (- �'. of u T . o s S F4 $See► Aies, on behalf of the CONSULTANT He is personally known to me or has produced Inc - as identification. Notary Public, tate of Florida C. Print name. i a't A • ��c n v e- 4 Commission No: n "°B�': H My Public - State of taodda APPROVED AS TO FORM &CONTENT -W--#* cnBptesow1,� � X Corny u3ion # DD 366721 Profession) Services A6^ -ee-L ent aenerl Engineering Services December 2004 Page 16 of 16 July 6, 2005 Mr. Ajebola Balogun, REM, CFEA Public Works & Engineering Director City of South Miami Public Works & Engineering Department 4795 SW 75th Avenue Miami, Florida 33155 Re: FY 2004 & FY 2005 CDBG Contracts Church Street Improvements, Phase 2 TYLIN INTERNATIONALIHJ ROSS Subcontract Dear Mr. Balogun: „r'FICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Director's Office PHONE: 305- 375 -3848 FAX: 305 - 375 -3428 smu @miamidade.gov www.miamidade.gov/ced/ We have reviewed your letter of June 14, 2005, and fax dated June 27, 2005, concerning the purposed subcontract with TYLIN INTERNATIONAL/HJ ROSS, f /k/a H. J. Ross Associates, Inca This subcontract is approved subject to the following: a budget revision needs to be submitted to reflect the cost to these engineering services and the current budget has all the funds in the prime contractor's sub -index code. It is noted that the maximum compensation of this subcontract is $18,548. Please contact Richard Hoberman, Contracts Officer, at (305) 375 -3472 if you have any questions. Sincerely, Silvia M. Unzueta Acting Director C:\Documents and Settings\blewisWy Documents\My Data Sources\Richard \City of South Miami Subcontract Letter07- 06- 05.doc Last saved by Miami -Dade County 716/05 8:11 AM 140 W. FLAGLER STREET, SUITE 1000 MIAMI, FL 33130 -1561 July 8, 2005 ON Mr. Ajibola Balogun, REM, CFEA Public Works & Engineering Director City of South Miami 4795 SW 75th Avenue Miami, Florida 33155 Dear Mr. Balogun: FICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Director's Office PHONE: 305 - 375 -3827 FAX: 305-375-3428 smu @miamidade.gov www.miamidade.gov/ced/ Subject: FY05 CDBG Contract Church Street Improvements, Phase 2 Budget Revision No. 1 Attached is an approved Budget Revision No.1 to the fiscal year 2005 CDBG Contract with the City of South Miami. If you have any questions, please call me at (305) 375 -3472. Sincerely, , /, i'Yl' A.,/ Richard Hoberman Contracts Officer Attachment CAVnNDOWS\Desktop \WORD PRO DOCUMENTS \CITY OF SOUTH MIAMI CDBG FY05 BUD REV I.doc Last saved by Richard Hobennan 7/8/05 5:04 PM ATTACHMENT B CITY OF SOUTH MIAMI FY05 CDBG CONTRACT SUMMARY BUDGET BUDGET REVISION 1 I. PERSONNEL $4,000 II. CONTRACTUAL SERVICES $18,548 III. OPERATING COSTS 0 IV. COMMODITIES 0 V. CAPITAL OUTLAY $77,452 TOTAL: $100,000 AGENCY NAME CDBG FY 2005 RECONSTRUCTION OF CHURCH STREET (SW 59TH PLACE) IMPROVEMENTS DETAILED BUDGET BUDGET REVISION 1 January 1, 2005 through December 31, 2005 04010 Fringe Benefits PP Non OCED OCED Total OCED Total All Sources 04010 PERSONNEL -Employee 0.00 Mica: 11,000x0145 =160 0 0.00 Regular - Salaries 0.00 Subtotal Fringe 0 a 0 0.00 Public Works Director 0.00 0 2,000.00 2,000.00 2,000.00 Chief Accountant $0.00 0 1,000.00 1,000.00 1,000.00 Grants Administrator $4,000.00 0 1,000.00 1,000.00 1,000.00 0.00 $0.00 25511 Building Rental 0 0.00 Subtotal Salaries $0.00 0 _4,000.00 4,000.00 $4,000.00 04010 Fringe Benefits Fca: 11,000x0620+628x100% 0 0.00 0.00 0.00 Mica: 11,000x0145 =160 0 0.00 0.00 0.00 Subtotal Fringe 0 a 0 0.00 0.00 0.00 21030 Other Professional Svc. 0 0.00 0.00 $0.00 Total Personnel 0 4000.00 4,000.00 $4,000.00 Contractual Services 21011 External Audit 0 0.00 0.00 $0.00 21012 Environmental Audit 0 0.00 0.00 $0.00 21030 Other Professional -Svc. Coast. Mgm. 0 a 0 0.00 18,548 $18,548.00 21030 Other Professional Svc. 0 0.00 0.00 $0.00 22350 Bottled Water 0 0.00 0.00 $0.00 25330 Rent Copier 0 0.00 0.00 $0.00 25511 Building Rental 0 0.00 6,000 $0.00 Total Contractual 0 0.00 18 48 1 $18,548.00 Operating Expense 31011 Telephone Regular 0 0.00 0.00 $0.00 31011 Telephone Long Distance 0 0.00 0.00 $0.00 31610 Postage 0 a 0 0.00 0.00 $0.00 31420 Advertising Radio 0 0.00 0.00 $0.00 Total Operating Expense 0 0.00 0.00 $0.00 Commodities 31510 Outside Pdnting 0 0.00 1 0.00 1 $0.00 95020 Computer Purchase 0 0.00 0:00 $77,452.00 47010 Office supplies/Outside Vendors 0 a 0 0.00 0.00 $0.00 Total Commodities 0 0.00 0.00 $0.00 Capital Outla 61620 Basic Architectural fees 0 0.00 0 $0.00 61620 Prime Contractor 0 0.00 77,452 $77,452.00 Total Capital 0 a 0 0.00 77,452 $77,452.00