HomeMy WebLinkAboutR-03-0759J-03-582
06/30/03
RESOLUTION NO. 03- 759
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER'S ENGAGEMENT OF PHS ENGINEERING
CORPORATION, SELECTED FROM THE LIST OF
PRE -APPROVED ENGINEERING FIRMS APPROVED BY
RESOLUTION NO. 02-144, FOR DESIGN
DEVELOPMENT, PREPARATION OF BIDDING AND
CONSTRUCTION DOCUMENTS, PERMITTING, AND
CONSTRUCTION ADMINISTRATION SERVICES FOR THE
PROJECT ENTITLED, "LAWRENCE WATERWAY
DREDGING PROJECT, B-5689" IN DISTRICTS
1 AND 3, AT SPECIFIC COSTS TO BE DETERMINED
BY (1) THE SCOPE OF SERVICES AND SCHEDULE
REQUIRED FOR THE PROJECT AS SET FORTH IN THE
WORK ORDER AUTHORIZATION, ATTACHED AND
INCORPORATED, AND (2) TERMS AND CONDITIONS
SET FORTH IN THE AGREEMENT EXECUTED WITH PHS
ENGINEERING CORPORATION PURSUANT TO
RESOLUTION NO. 02-144; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE WORK ORDER
AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN
AN AMOUNT NOT TO EXCEED $236,856.80 FOR
SERVICES AND EXPENSES INCURRED BY THE CITY,
FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT
NO. 313855, ENTITLED "OCTOBER 2000 FLOOD
RECOVERY."
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
CKl T A111
CITY COMMISSION
MEETING OF
_1111 1 7 20,03
Resolution klm `
03-
Section 1. The City Manager's engagement of
PHS Engineering Corporation, selected from the list of
pre -approved engineering firms, approved
by Resolution No. 02-144 for design development, preparation of
bidding and construction documents, and construction
administration services for the project entitled, "Lawrence
Waterway Dredging Project, B-5689" in Districts 1 and 3, at
specific costs to be determined by (1) the scope of services and
schedule required for the project as set forth in the Work Order
Authorization, attached and incorporated, and (2) terms and
conditions set forth in the Agreement executed with PHS
Engineering Corporation pursuant to Resolution No. 02-144 is
authorized, with funds, in an amount not to exceed $236,856.80
for services and expenses incurred by the City, allocated from
Capital Improvements Program Project No. 313855 entitled,
"October 2000 Flood Recovery."
Section 2. The City Manager is further authorized!' to
execute the Work Order Authorization, in substantially the
attached form, with PHS Engineering Corporation, for said
purpose.
ii The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 2 of 3
03— 759
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 17th day of July , 2003.
ATTEST,
PTnSCILLA A./ THOMIPSON
CITY CLERK
APPROVED AS '11 M AND CORRECTNESS:/
WrA JAPDR%wWT LARELLO
CI ATTORNEY
W7342:tr:AS:BSS:RL
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3
03
Cit # g a 'ffltamt
JORGE C. CANO, P.E.
Director
June 11, 2003
Mr. Ronald M. Colas, P.E.
PHS Engineering Corp.
4100 N.E. 2"d Avenue, Suite 310
Miami, Florida 33137
RE: WORK ORDER AUTHORIZATION
Lawrence Waterway Dredging Project, B-5689
Dear Mr. Colas:
This work order is deemed to incorporate by reference the terms and conditions of that
certain Professional Services Agreement for Engineering Services, dated May 16, 2002
between the City and PHS Engineering Corp.
The undersigned will perform this work in compliance with the foregoing Agreement.
Additionally, this work has been authorized by City Commission Resolution No. 02-144
and the terms of any enabling resolution are deemed as being incorporated by reference
herein. The undersigned will perform this work in compliance with any enabling
resolution.
I. Scope of Services
The scope of services are detailed in Exhibit "A"; attached hereto and made a part hereof.
Iii. Time of Performance
The schedule for performance of the work is detailed in Exhibit `B", attached hereto and
made a part hereof. The completion date schedule shall be adjusted to reflect the date of
the written notice to proceed date.
III. Compensation
The work will be performed for a fee guaranteed not -to -exceed the sum of $ 236,856.80.
The City shall not be liable for any cost, fee, or expenditure above the amounts set forth
in this section. The above quoted fee includes an allowance for reimbursable expenses
that comply with the requirements of the Agreement. Any eligible reimbursable
expenses shall conform to the limitations of Florida Statue 112.061.
IOE ARRIOL-\
Cite iklanager
DEPARTMENT OF CAPITAL IMPROVEMENTS 3 - 5 9
444 S.W. 2nd Avenue / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
June 11, 2003
Work Order Authorization
PHS Engineering Corp.
Lawrence Waterway Dredging Project, B-5689
Page No. 2
IV. Sub -Consultants
Subconsultants for performance of the work are:
Any changes to the Sub -Consultants used for this work shall require prior written
approval from the Director or the Project Manager, which approval shall not be un-
reasonably withheld.
V. Estimated Construction Cost
An estimated construction cost of $ 1,750,000 total has been established for this project.
VL Attachments
1. Professional Services Agreement between PHS Engineering Corp. and the
City of Miami dated May 16, 2002.
2. City Commission Resolution No.
3. Exhibit "A"
4. Exhibit `B"
Authorized by:
Date
Joe Arriola
City Manager
Date
Witness
J /JO/JLL/jll
Accepted and accepted by:
Ronald M. Colas, P.E.
PHS Engineering Corp.
Witness
Date
Date
03- 759
Disci line
I Name of Sub -Consultant Firm
For
Land Surveying and Mapping
Services
Tasnim Uddin & Associates International, Inc.
Any changes to the Sub -Consultants used for this work shall require prior written
approval from the Director or the Project Manager, which approval shall not be un-
reasonably withheld.
V. Estimated Construction Cost
An estimated construction cost of $ 1,750,000 total has been established for this project.
VL Attachments
1. Professional Services Agreement between PHS Engineering Corp. and the
City of Miami dated May 16, 2002.
2. City Commission Resolution No.
3. Exhibit "A"
4. Exhibit `B"
Authorized by:
Date
Joe Arriola
City Manager
Date
Witness
J /JO/JLL/jll
Accepted and accepted by:
Ronald M. Colas, P.E.
PHS Engineering Corp.
Witness
Date
Date
03- 759
EXHIBIT "A"
03- 759
LPHS
ENGINEERING CORP.
SBA HUBZone Certified
www.phs-engneerins, corn
Offices in Florida, District of Columbia, Maryland
June 11, 2003
Mr. Jose L. Lago, P.E.
Professional Engineer II
City Of Miami- Department of Capital Improvements
444 SW 2nd Avenue, a Floor
Miami, Florida 33130
CONSULTING ENGINEERS
CONSTTRUC77ON MANAGERS
4100 NE 2nd Avenue, Suite 310
Miami, Florida 33137
RE: Fee Proposal for Professional Engineering Services- Final Revision
Project Name: Lawrence Waterway Dredging Project
Project Limits: From NW r Street to Miami River
Project No: B-5689
PHS Project No: PHS0117-CM-2
Dear Mr. Largo:
Tela 305.573.2240
Fax: 305.573.2276
Following our recent February 8, 2003 meeting and discussion of the anticipated scope of work
the above -referenced project, we are pleased to submit to you our Fee Proposal to provide
professional engineering services for your final consideration and approval.
1. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION
This project proposes to dredge Lawrence Waterway from the NW 7'" Street to Miami River
junction. Our understanding of the scope of services associated to this projects is as follows: To
review and investigate the e)dsbng conditions for the proposed dredging of Lawrence Waterway;
to provide sound enginee+ng design; to prepare colistruciion documents, to perform dry -run
permitting with the governing agencies; and to provide Construction Administration during the
construction phase of the project.
11. SCOPE OF SERVICES
PHASE 1 PROJECT DESIGN DEVELOPMENT PLAN (PDP)
PHS will conduct field inspections to assess the project's site conditions, and
constraints, obtain, review and verify As -built plans of e)dsting utilities within the
project limits and of previous dredging work performed at Lawrence Waterways.
File: ProjectslPHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103 � 3 _ 759
Mr. Jose L. Lago, P.E.
Professional Engineer II
City Of Miami- Department of Capital Improvements
June 11, 2003
Page 2 of 7
The City of Miami will also provide to PHS if available, existing topographic maps
or survey plans and existing subsurface data in order to develop preliminary
engineering design and estimates. In addition, PHS will request and obtain
engineering surveying services. PHS will also request and obtain geotechnical -
environmental engineering services, as supplemental fees, if not provided by the
City, to complete our final engineering design. Final survey plans and Geo -
Environmental reports will be submitted to your office as part of our 30%
completion submittal for review and comments in the following format:
• One signed and sealed hard copy and one electronic copy of the final
survey.
• One signed and sealed Geo -Environmental
The scope of services for the PDP Phase will include the following:
• Attend start - up meeting with City staff to review scope of the project and
collect available information, such as previous permits and drawings from
any prior projects along the canals including maps, reports and aerial
photographs if available.
• Conduct preliminary field visits to the project site to familiarize ourselves
with the project location.
■ Assist City to identify locations of stockpile areas for temporary storage of
dredged materials.
• Conduct site visits to map benthic vegetation and identify species.
■ Monitor surveying contractor during field surveying work and preparation of
the site survey drawings.
■ Prepare and provide engineering report of our analyses and
recommendations for the project.
For more details, please refer to the attached sheet ° PRASE 1-PDDP" of our
proposal.
The fee for Phase 1 shall be $ A 176.00
PHASE 2 CONSTRUCTION DOCUMENTS (CD's)
PHS will prepare construction documents for review and permitting and bidding in
accordance with current practice and current governing codes and environmental
permitting agencies requirements for the proposed dredging of Lawrence
Waterway.
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103
03- 759
Mr. Jose L. Lago, P.E.
Professional Engineer 11
City Of Miami- Department of Capital Improvements
June 11, 2003
Page 3 of 7
The scope of services for the CD's Phase will include but not limited to the
following:
Preparation of a detailed engineering design and preparation of
construction drawing and technical specifications for the project. The
engineering design will include a review of potential hazard mitigation
measures and will be base upon information obtained from the City and the
surveyor. The construction drawings will be prepared to cover all aspects
of the dredging project. The Construction drawings for this task are
expected to include, but may not be limited to, the following:
• Cover Sheet/ Project Identification and location
• Project Layout/ Key Sheet
• Dredging Plan and Profile Sheet at a scale of 1"=20'
• Dredging cross Section Sheets at 50 -foot intervals
• Pay- Bid Item Schedule
Progress submittal will be made to the City at 30, 60, 90 and 100 per cent
milestones. Each submittal will include a total of three sets of drawings,
two (2) full size (24"x36") and one (1) half size (11"x17"), for the City's
review and approval. Each submittal will also include a revised schedule of
our deliverables showing the work progress and the anticipated completion
date of our design services. In addition, we will attend a meeting with the
City to discuss each submittal and receive review comments before
continuing to the next milestone.
Preparation of technical Specifications for the proposed dredging; assist
the City with the preparation of Specifications and contract documents (bid
notice and front end documents provided by the City); and, preparation of a
revised Engineer's Opinion of Probable Construction costs for the work to
be included with each progress submittal of our design services.
■ Attendance at formal and informal meeting at the call of the city during the
design period. This task will include six (6) meetings at a minimum.
Excess of ten meetings will be on a time and materials basis (T&M).
Meetings minutes reports shall be provided to the City for all meetings.
For a more detail information of the construction documents components, please
refer to the attached sheet " PHASE 2 —CONSTRUCTION DOCS" of our proposal.
The fee for Phase 2 shall be $ 90.040.80
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103
03— 759
Mr. Jose L. Lago, P.E.
Professional Engineer 11
City Of Miami- Department of Capital improvements
June 11, 2003
Page 4 of 7
PHASE 3 DRY RUN ENVIRONMENTAL PERMITTING (DREP)
PHS will perform dry -run permitting process of the prepared construction
documents through the appropriate governing agencies in order to obtain final and
approved construction documents ready for bidding and construction of the project.
The scope of services for ENVIRONMENTAL PERMITTING will include obtaining
Coordinating and attending pre -application meetings for permitting purposes with
representatives of the U.S. Army Corps of Engineers, Florida Department of
Environmental Protection/South Florida Water Management District and Miami -
Dade County DERM.
• Collect bottom sediment samples and submit to laboratory for chemical
analysis of heavy metals, pesticides and hydrocarbons as directed by the
environmental permitting agencies, dioxin /furans etc.
■ Prepare permit applications, sketches and supporting documents for each
of the governing permitting agencies to the City's staff for review and filing.
■ Process the construction drawings through Miami -Dade County DERM,
U.S. Army Corps of Engineers, Florida Department of Environmental
Protection and South Florida Water Management District and the City's
Capital Improvement department for "dry run" review process and make any
drawing revisions mandate by these reviews
■ Meet with City staff to obtain review comments, if necessary, make
revisions and prepare final permit application packages ready for submittal
to each of the agencies.
• Following submittal of the permit applications, we will maintain open
dialogue with representatives of each permitting agencies. During this
period, we w4i coordinate site visits, aitend meetings, answer questions and
provide additional information as requested. Once the permits are issued,
we will provide the permitted documents to the City.
■ Preparation of Corrective Action Plans required to obtain permit which
include but may not be limited to the following:
a) A timetable for the dredging activities.
b) A post dredging surface water sampling plan.
c) A sediment -sampling plan to characterize the dredge's sediment
(stockpile sampling) for proper disposal.
d) Identification and description of the staging area for the temporary
storage and drying of the dredged sediment prior to landfill disposal
which addresses issues such as site security (fence) to control human
contact, collection and proper disposal of run-off water, odor control and
etc...
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103
.3- 759
Mr. Jose L. Lago, P.E.
Professional Engineer 11
City Of Miami- Department of Capital Improvements
June 11, 2003
Page 5 of 7
e) Identification of the intended disposal site, which may be a class, I
landfill.
f) Preparation of a certified list land owned adjacent to project limits
including easement applications, the mailing of public notices via certified
mail with return receipt to the Florida Department of Environmental
Protection.
For a more detail information of the construction documents components, please refer to
the attached sheet " PHASE 3 --DRY RUN ENVIRONMENTAL PERMITTING" of our proposal.
The the for Phase 3 shall be S 21.568.00
PHASE 4 CONSTRUCTION ADMINISTRATIVE PHASE SERVICES (CEI)
PHS will provide construction administrative phase services to assure that
construction is being performed per the approved and permitted plans. For a more
detail information of the construction documents components, please refer to the
attached sheet " PHASE 4 CONSTRUCTION PHASE SERVICES" of our proposal.
The fee for Phase 4 shall be S 32,21200
Ill. COMPENSATION FOR BASIC SERVICES: PHASES 1 THRU 4
TOTAL FEES FOR BASIC SERVICES PHASES 1 THRU 4 SHALL BE $ 178.996.80
IV. DIRECT REIMBURSABLES FOR ENGINEERING SURVEYING SERVICES
Taesrilrrk UdOrr arc:J Asp±-*',ir-ies, our G•!bcon€ultants for this project, will provide
Engineering Surveying services in order to complete our final engineering and
recommendations and the construction documents. Engineering Surveying services will be
treated as direct reimbursable expenses. Please refer to Sheet "Fee Summary" of our
proposal for more details, as well as the attached subconsultant's fee proposal for
surveying services.
Direct Reimbursable Expense for Engineering Surveying Services Is: $17,860.00
V. SUPPLEMENTAL EXPENSES FOR GEOTECHNICAL ENGINEERING SERVICES
Geotechnical and Environmental Services are not part of our fees and may be provided by
the City; otherwise treated as supplemental expenses in order to complete our final
engineering design and recommendations for this project. The Geotechnical and
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -081103
93- 759
Mr. Jose L. Lago, P.E.
Professional Engineer 11
City Of Miami- Department of Capital Improvements
June 11, 2003
Page 6 of 7
Environmental Services are estimated at $30.000.00 and are depending on the governing
agencies.
Estimated Geotechnical and Environmental fees. $30.000.00
VI. OTHER REIMBURSABLE EXPENSES
Direct reimbursable expenses include printing, permitting fees, including review fees, and
any other activities related specifically to the project.
Other Reimbursable Expenses is estimated at $10.000.00
VII. COMPENSATION FOR FULL SERVICE
TOTAL FEES FOR BASIC SERVICES PHASES 1 THRU 4 AND DIRECT
RE/MBURSABLES FOR surveying services AND OTHER REIMBURSABLES
SHALL BE LUMP SUM OF x,236.856.80
Billings will be submitted on a percent complete of the negotiated fees.
Vill. BILLINGS AND SCHEDULE OF PAYMENTS
Billings will be prepared and submitted monthly and/or on a percent of completion of the
above services.
Payment shall be made by the City of Miami within 30 days of receipt of PHS' invoice.
IX. SCHEDULE OF DELIVERABLES
A proposed schedule of our deliverables will be forwarded following this fee proposal and
will be updated with each percent submittal for review and comments.
X. PROBABLE CONSTRUCTION COST
Based on the preliminary information that we received from your office, we have estimated
the probable construction cost to complete this project at $1, 639,085.33. This does not
include any contingencies and mobilization cost.
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103
03- 75
Mr. Jose L. Lago, P.E.
Professional Engineer II
City Of Miami- Department of Capital Improvements
June 11, 2003
Page 7 of 7
XI. CLOSURE
PHS ENGINEERING CORP. is ready to start this project upon receipt of written authorization
or Notice to Proceed (NTP).
We appreciate the opportunity to submit our Fee Proposal for this project to the City of
Miami, Capital Improvements Department, and we do look forward to working with you
through the successful completion of this project. Please do not hesitate to call me if you
have any questions.
President
Attachments: Fee Summary
Phase 1: Project Design Development Plan (PDP)
Phase 2: Construction Documents (CD's)
Phase 3: Dry Run Permitting (DRP)
Phase 4: Ltd. CEI Phase Services. (CEI)
File: R. Alonso-Llerena, P.E., Principal Engineer, PHS
Stanley Louis E.I., Project Manager, PHS
Project File
File: Projects/PHS0017-CM-2- Fee Proposal for Lawrence Waterway Dredging -Final Revision -061103
03- 759
r-
PHS
F.,INEERING COR11.
SHA I to l{Zorw (irtlaed
—111 phi tniyw fins -M
Offs- Y, Fhuida. DiArkl at (''uhmdie. Mryl-d
Project Name
Project Number
PHS Project Number:
Lawrence Waterway DrWping Project
B-sm
PHS IT -CM -2
Coeaeltieg ErgieeenE'1w
Coeatrecdes Magen
4100 N. E. 2't Avenue, Suite 310
Mini, Florida 33137
Tel.: (305)-573-2240
Fax: (305) 573-2276 rte!
FEE BREAKDOWN
Ffdsyd
PrMsipel
Prpat
Frofessioal
Assomide
serVADD
CADDOW. Techniai
Cones"
TOTAL
M CAsrp
EgMar
Messfer
ttlyMeer
IigMesr
Designer
Teeaalwas Sopped
AdtMRSOeIer
MaUJ70TAL
fHS
NOURS
HOURLYRATES
PROPOSED PROJECT TASKS FOR BASIC ENGINEERING SERVICES
132.00
112.00
98.00'
S 89.80
75.80 53.20
44.80 -
4780
LABOR HOURS
Phase 1: Project Design Deve ment Plan FPD-Dpl
271
54
a8
100
80
40
0 0
Phase 2: Documents
52
128
254
40
228
_
280
0
0
387
178.00
Phase 3: D Run
Dry Run Per
Permitting
20
0
80
100
0
_
0
200
1180
90040.80
tion
Phase 4: Construction Adminstration Phase
44
88
80
40
0 0
0
240
21588.00
0
70
0
0 0
180
402
32 12.00
o $
os
ols
s i Fees for Basic E Irwerl services
143
2411
410
240
371
340
0
0
310
2110 S
17 1110.!0
nl'OTA"LBOR COST FOR BASIC ENGMIEERING SERNCES W ft*
i /a ilaoe
S 27,77x00
8 'a".10 1
8 21's"M 1
S 2cmn 1
8 fe wft I
S S
s 17,13x011
DIRECT R"MRSABLES FOR BUBCONWLTANTS SERVICES (LUMP WM)
Engineering Surveying Services:
OTHER REMMURSABLU
Tasnim Uddin And Assochte;, ;nt'I, Inc:
Subtotal 2- Ralmbursab " Eflpt um for OBlar ProAsdottd sorvins
So -k" S 2ftSft00
Proiaefs:IP Ml17-CMF2-Ropow for !.were. viewwwr DreddrlxgM R*weor►042e031F« S1.mwT per So a &,4, pop 1 of 1
IM143
Jk'PH S
NEERING CdltR
S8A HUBZa" Cotgnod
omces b F1011ds DW&I of C06001 fir, UUryhed
MREFI
Project Number
SREFI
FEE BREAKDOWN
Phase
151 30
101 20
LABOR COST PHASE 1
C)
to
11
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He:Pro�,17414-2-Proposal for LewarKaWskr-Y FUWRavftWWt2NO3RMse1-PODP
Page 2 of 6
429/03
Consulting Engineers
Construction Manager .
4100 N. E. 2i4 Avenue, Suite 310
Miami, Florida 33137PHS'
0117-CM-2-PEOR0211 for Lawrence WateFWav Dredaina-Final Revision-04280�
Tel.: (305)-573-2240
Phase 1-PDDP
Fax: (305) 573-2276 '
Lawreuce Waterway Dredging Project
B -668S
PHS0117CM-2
Principal
Principal Project
Professional Associate
Snr GADO
CADD Oper. Technical
Contract
In Charge
Engineer Manager
Engineer Engineer
Designer
Teehnkian Support
Adminstraor
HOURS TOTAL
151 30
101 20
LABOR COST PHASE 1
C)
to
11
CP
He:Pro�,17414-2-Proposal for LewarKaWskr-Y FUWRavftWWt2NO3RMse1-PODP
Page 2 of 6
429/03
ConsuNing Engineer
pH
- - Construction Mrs
anage.
4100 N. E. 2" Avenue, Suite 310
11119 E it I N G C O a P. Miami, Florida 33131--
SMA HUBT.ewe catmed PHS01I] -CM-2-Proposal for Lawrence Waterway Dredaina-Final Revision -042803 Tel.: (305)-573-2240
Phase 2-ClYs. Fax: (305) 573-2276
oefica in Placid& Dotrid of Cot ana...M.ywA
Project Name Lawrence Waterway Dredging Project
Project Number 8441
PHS Project Number: PH30117-0M-2
FEE BREAKDOWN
Principal Principal Project Professional Associate Snr CARO CARD Oper. Technical Contract
HOURS TOTAL
In Charge Engineer Manager Engineer Engineer Designer Technician Support Admin stratar
w
F
ire
1
0
TOTAL. LAD 0RCOST PHASE 2 f 41,8414.00 1 S 14,112.00 1 $24,892.00 1 f 3,5414.00TS 17,236.80 IS 13,832.00 tf
- -'7 f 41,s2o.00 S 9
X TOTAL LABOR COST 7.62%1 15.67% 2765%1 3.98% 1914%J15.36% 0.00%1 0.00% Jo 57%1 0.00°/a
File. ProjectslPHS0117-CM-2-Proposal for Lewrorce Waterway Dredging FWW ftAsion-042803Mtose 2-CfYs.
Page 3 of
-11 w n 44/29/033
w t7`
W
............. .
Consulting FAglaem
Conatructlon Meagen -
4100 N. E. 2'' Avenue, Suite 310
R E B:wns
Miami, Florida 33137
SBAWBZ—Ce 01"1
Tel.: (305)-573-2240
Ow dA-MI1201104M
PHS0JJE-CM-24Pr000sal for Lawrence
W
!my pni"no.Final Revision-042803 Fax: (305) 573-2276
own Is riniea, Uarl a 0f Cl&N*,a. MWryhsd
Phase
343rvRun
Permitting
Project Name
Lawrence Waterway Dredging Project
Project Number
B-SW9
PHS Project Number:
PHS0117-CM-2
FEE BREAKDOWN
Prin0al I Principal
I
Project
Professional Associate Snr CARD CADD Oper. Technical Contract
I
In Charge Engineer
Manager
Engineer Engineer Designer Technician Support Adminstrator HOURS TOTAL
COST PHASE 3
: —
s_ IS 2,128.001 i_ s - Is -
501$ 5.580.
a
FOO: 117.CMt.2-Propmal for Lawance MUMMY Orod*V-P al RwisbrM4YMPhge 3-DryRun PerrNt>Irg Page 4 of 6
42M3
148EXIII,c CORP.
. SBA HMIzeaa Certwed
t3'geea lR 1'Iotld4, bkbirt of Caianbit4 Muytand
Project Name
Project Number
PHS Project Number:
FEE BREAKDOWN
C)
w
e4: Consdructi4
4a: Responses to
3
TOTAL LABOR COST PHASE
Lawrence Waterway Dredging Project
"0"
PH50117-r:M-2
Principal Principal Project Professional Associate I Snr CARD I CADD OPer. Technical Contrail
In C6-e..� __
S
Caudtlq Eaalaeen
ComanKdoa Maupn
4100 N. E. a Av.., Suite 310
Mi"* Florida 33137
TeL (30*573.2240
Fax: (305) 573.2276'.
TOTAL
Hle: WoAWPH80117-CW2-ftPO Rl for La,enn Waterway Dndgn9.Fhal Re MM-042Q031Phase 4.CEI Services
s
IS 5,29ZOOI$ _ Is - Is - 1.
30%1 16.43%1 n m4c I _ ___.
Page 5 of 6
4/29/03
12.00
,PHIS
NEERING CORP.
SBA HUBZONE CERTIFIED
www.phs-en�ineerin�g. com
Consulting Engineers
Construction Managers
4100 N. E. 2nd Avenue, Suite 310
Miami, Florida 33137
Tel.: (305)-573-2240
Fax: (305) 573-2276
Project Name Lawrence Waterway Dredging Project
Project Number B-5689
PHS Project Number: PHS0117-CM-2
Miscellaneous Out Of Pocket Expenses
Item Unit Of Measure Unit Cost
Printing:
Copies, Black & White (8.5x11)
EACH
$0.08
Copies, Black & White (8.5x14)
EACH
$0.08
Copies, Black & White (11x17)
EACH
$0.16
Copies, Color (8.5x11)
EACH
$0.75
Prints (24x36)
EACH
$0.53
Color Plot (2436) (Reprographia)
EACH
$1.50
Prints (30x42)
EACH
$0.79
Mounting onto fome core board
Per Square Foot
$3.00
Travel:
Mileage, Automobile (Local)
Per Mile.
$0.29
Miscellaneous:
Federal Express Box
EACH
$45.00
Fax/Telephone
Per Month
$50.00
Binding with clear acetate covers
Per Book
$2.50
CUS
EACH
$0.30
93- "759
File: Projects/PHS0117-CM-2-Proposal for Lawrence Waterway Dredging -Final Revision-042803/Other Direct Page 6 of 6
Reimbursables 4/29/03
V
TASNIM UDDIN & ASSOCIATES INTERNATIONAL lNC.^-�
8281 Coral I,Alay. h4iami. Florida 33155 (305) 264-0884 Fax (305) 266-1778 -
PHS Engineering Corp.
4100 NE 2nd Avenue, Suite 310
Miami, Florida 33137
Attention: Mr. Ronald M. Colas, P.E.
FEE PROPOSAL for SURVEYING SERVICES
19 -Mar -03
Project: Wagner Creek Proposed Dredging - Phase III and
Lawrence Waterway Proposed Dredging
Dear Mr. Colas -
�f -
Pursuant to your request, we are pleased to submit our estimate of fees to perform limited
specific purpose professional surveying services to obtain soundings for the above
referenced Canals and the topograhical information as listed in your letter dated
March 10, 2003.
TU Job No. Project Name IOcation From To
TBA Wagner Creek City of Miami NW 20 St NW 14 Ave
Description
Estimated
Man Hours
Hourly
Rates
Amount
4 Man Survey Crew
72
$ 106.25
$ 7.650.00
Principal - Surveyor
16
92.00
1.472.00
Surveyor - Computer
56
54.00
3,024.00
Reimbursable Expenses - Plat, Boat, Markers etc.
1,500.00
1,100.00
Total Estimated Fees
1 $ 13,246.00
TIS Job No.
Project Name
Location
From
TBA
Lawrence Waterway
"` ' Cmy-of,Miami
NW 7 Street
To
Miami River
Description
Estimated
Man Hours
Hourly
Rate
Amount
$ 10,200.00
4 Man Survey Crew�
96
$ 106.25
Principal - Surveyor
20
92.00
1.840.00
Surveyor - Computer
80
54.00
4,320.00
Reimbursable Expenses - Plat, Boat, Markers etc.
1,500.00
Total Estimated Fees
$ 17,860.00
Total estimated fees for both canals = $31,1
EV E�� 2 � ypl!
+33- 759
EXHIBIT "B"
03- 759
'NTP from PM --- —
�Phase 1: Projrrct Design Development Plan
,FNO*e to Proceed to Engineering Surveying
AWProjsct Sib visits and As -Bolt verif Callon
AWNotlee to Property owner
�Recelw Geotech Report from City (CrHW I)
Technical Specifications Books-Olvislon 2
AWConhct Permi ling Agencies: DERM, USCF, FOEP
AIIIIIIIIIIIIIIIIII Phase2:Constr.Doc.-CUs
ATTMe sheeb'Project Identification and Location
M0rerel Nota
X30% Submittal Review
AMWSWckpirng Storage
Prepare 80% CD's
IIIIIIIIIIIIIIII'Recolve Survey Plan
AWS0%SubmitW Review
AIIIIIIIIIIIIEWSummary of Quantities
AVIEWLayout Plans and Profiles
Cross Section and Details
�Proper* DryRun Permitting Applications
�Pepsn S0%CD'e
ANOMWOW Documents-0ivision 1(Obtaired from City)
AW90% Review Submittal
•WIneorporate 90% Review Comments
M95% Submittal
Phase3: Permitting
SDRPem*ft4) M
Die Permitting USCF
NEWDR Permitting POW
SDR Permitting SFWM
MSubmh Permitted Plans to PM +100%
AIIIIIIIIIIIIIIIIIIIIIIIIIIEWProparadon of Project Bid Packages
jBid OpeningalAwardNNegodations
XNTP to successful contractor
Phase 4 CSI Phase Services
swum 01MAY03
Eery Bar C1108810 Schedule Layout CM02 • DRED
DIMY Day 01MAV09oate Fkrt Bar B-70BS-Propos/I
t1a
:lute taate 07MAY0313 33 Progress Bar Lawrence Waterway Dndgntg
Must FhW Date 30MV03 CntwAchft
PHS
BNGINECatNG Cesar. t -
E6=0
NTP from PM
1
1
0 30APR03
WAPRW
E01020
Phaee 1: Project Design Development Plan
22
22
0 05MAY03
03JUN03
E01010
Notice to Proceed to Engineering Surveying
1
1
0 05MAY03
05MAY03
E01030
Project SIN vlab and Mam verification
5
5
0 05MAY03
OWAY03
EMO40
Notice to Properly Owner
5
5
0 05MA1`03
OOWY03
E01070
Receive Gsoboh Report from City (CrWcmD
15
15
0 05MAY03
23MAY03
E01180
Technical SpedAatlora Books-DNNbn 2
85j
85
0 05WY03
29A11003
E01050
Contact Permltlkg Agencies: DERM, USCF,
$1
8
0 12MAY03
19MAYM
E(IM1080
Phase2:Con*.Dw.-CD's
55
55
01WAY03
01AUM
401090
TMN sheettProjeet Identification and Location
3
3
0 1 OMAY03
21 MAY03
E011 100
10orwall Nobs
4
4
0 20MAY03
23MAY03
E01200
3D% Subn Mtal Review
8
8
0 28MAY03
02JUN03
E01130
Stockpiling Storage
10
10
0 02JUN03
13JLM
E01210
Prepare SO% CD's
21
21
0 02JUN03
30JUN03
EOtOSO
Receive Survey Pion
321
32
0 OBJUN03
22JUL03
E01220
SD% Submittal Review
5
5
0 23JLM
27JUN03
"1110
Summery of Quantities
13
13
0 02JUL03
18JUL03
EOt 140
Layout Plane and Profiles
9
9
0 1 BJUL03
30A)IM
E01150
Cross Section and Details
9
9
0 1SJUL03
30JUL03
E01230
Prepare DryRun Penin" ApplIcatiom
21
21
0 2&1UL03
25AUG03
E01240
Prepare 90% CDs
15
15
0 29JUL03
15AUGM
E01170
Bid DocumMb.OMsion 1(Obtained from City)
12
12
0 14AUG03
20AUG03
E01190
90% ReviewSubmMtel
5
5
01SAUG03
22AUG03
E(11250
kworpords 90% Review Comments
5
5
0 25A0003
29AUGM
E01200
95% Submittal
5
5
0 O/SEP03
05SEP03
E01270
Phase3: Permitting
05
05
0 01SEP03
28NOV03
E01290
OR PwmMV-DERM
20
20
0 OISEP03
26SEP03
E01290
DR Permitting OSCE
30
30
0 15SEP03
240CT03
E013M
DR Permitting FOEP
35
35
0 19SEP03
06NOV03
E01310
OR PwmMtlng SFWM
28
28
0 230CT03
27NOV03
E01320
Submit Permitted Pians to PM +100%
4
4
0 Ot DE003
04DE003
E01330
Preparation of Project Bid Pwksgee
18
18
0 OWE=
3MEC03
E01340
Bid Openkgs/AwaMslNepotlatlom
1
1
0 0&IAN04
08JAM4
E013M
NTP to successful Contractor
1 I
1
0 19JM U
jiumm
E0139D
Phase 4 CEI Phase Services
1 1551
155
0 102FE1304
IMSEM4
'NTP from PM --- —
�Phase 1: Projrrct Design Development Plan
,FNO*e to Proceed to Engineering Surveying
AWProjsct Sib visits and As -Bolt verif Callon
AWNotlee to Property owner
�Recelw Geotech Report from City (CrHW I)
Technical Specifications Books-Olvislon 2
AWConhct Permi ling Agencies: DERM, USCF, FOEP
AIIIIIIIIIIIIIIIIII Phase2:Constr.Doc.-CUs
ATTMe sheeb'Project Identification and Location
M0rerel Nota
X30% Submittal Review
AMWSWckpirng Storage
Prepare 80% CD's
IIIIIIIIIIIIIIII'Recolve Survey Plan
AWS0%SubmitW Review
AIIIIIIIIIIIIEWSummary of Quantities
AVIEWLayout Plans and Profiles
Cross Section and Details
�Proper* DryRun Permitting Applications
�Pepsn S0%CD'e
ANOMWOW Documents-0ivision 1(Obtaired from City)
AW90% Review Submittal
•WIneorporate 90% Review Comments
M95% Submittal
Phase3: Permitting
SDRPem*ft4) M
Die Permitting USCF
NEWDR Permitting POW
SDR Permitting SFWM
MSubmh Permitted Plans to PM +100%
AIIIIIIIIIIIIIIIIIIIIIIIIIIEWProparadon of Project Bid Packages
jBid OpeningalAwardNNegodations
XNTP to successful contractor
Phase 4 CSI Phase Services
swum 01MAY03
Eery Bar C1108810 Schedule Layout CM02 • DRED
DIMY Day 01MAV09oate Fkrt Bar B-70BS-Propos/I
t1a
:lute taate 07MAY0313 33 Progress Bar Lawrence Waterway Dndgntg
Must FhW Date 30MV03 CntwAchft
PHS
BNGINECatNG Cesar. t -
CITY OF MIAMI, FLORIDA
A=9
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayo embersDATE : JUL _ 8 2003 FILE
of City Commi ion
suaiECT : Lawrence Waterway Dredging
Project, B-5689
FROM :Jo A 'ola, City Manager REFERENCES
ENCLOSURES: Resolution
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager's engagement of PHS Engineering Corporation, selected
from the list of pre -approved engineering firms approved by Resolution No. 02-144, for
professional services not to exceed $236,856.80 related to Lawrence Waterway
Dredging Project, B-5689.
BACKGROUND
The Department of Capital Improvements has analyzed the need to execute a Work
Order Authorization with a general engineering consulting firm for the dredging of the
Lawrence Waterway. The project proposes to dredge Lawrence Waterway from the
N.W. 71' Street to Miami River in Districts 1 and 3. The scope of engineering services
consists in design development, preparation of bidding and construction documents,
permitting, and construction administration services for the project entitled "Lawrence
Waterway Dredging Project, B-5689°. PHS Engineering Corporation was selected from
the Department of Capital Improvements list of pre -approved consultants. Negotiation
for the cost of professional services is necessary to ensure the City receives an
equitable proposal. The Work Omer Authorization will be additionally subject to all
terms and conditions of its exhibits and the Professional Services Agreement between
the City and PHS Engineering Corporation. Funds have been identified from CIP
Account No. 313855 entitled "October 2000 Flood Recovery".
FISCAL IMPACT
None
JA:JCC:JBO:JLL:jll
01_� Wj:Na3
03- 759
Budgetary Impact Analysis
Department C.I.P. Division: CivilEn
Commission Meeting Date: July 10 2003
Title and brief description of legislation or attached ordinance/resolution: Resolution Authoring the City
Manager's Emaasement of an Enizineerin¢ Firm far the mroiect entitled "Lawrence Waterway Dredging Proiect.
B-5689".
1. Is this item related to revenue? No ® Yes ❑ Revenue Source: N/A
2. Is this item an expenditure? No ❑ Yes ® Amount $ 236.856.80
General Fund Account No:
Special Revenue Fund Account No:
CIP Project No: 313855
3. Are there sufficient fimds in Line Item? No: ® Yes: ❑
Sufficient funds will he transferred frnm the finllnwino ling itnmc-
ACTION ACCOUNT NUMBER `
TOTAL
From 313855.318013.6.860
$ 236,856.80
From
$
To 313855.318013.6.270
$ 236,856.80
To
$
4. Is this item fimded by Homeland T)afenceMA0rhhnrhr" TmTwnvPmmit RemAc9 t r f7 V— n
Pro' Name
J
Total Bond
Allocation
a Series
Appropriation
Dollars Spent to
Date
Eneambrasm
Commumcnrs
Balance
Comments:
J/' 1 .1
61J 2-/0.3-
Atepartma)t Director/Designee, Deft
APPROVALS
rQU
Verified by CIP:
lr :
03- 759
PROFESSIONAL SERVICES AGREEMENT
[General Engineering Services]
This Agreement entered into this 16 day of May,
2002, by and between the CITY of Miami, a Municipal
Corporation of the State of Florida, (the "CITY"), and
PHS Engineering Corp., a State of Florida Corporation,
(the "PRINCIPAL").
WITNESSETE
WHEREAS, the CITY has scheduled a substantial number of
Projects for fiscal years 2002, 2003 and 2004 (the "Projects")
that require professional enginAering services; and
WHEREAS, the Commission of the CITY of Miami, by
Resolution No.02-144 adopted on February 14, 2002, approved
the selection of six (6) Engineering firms to provide
engineering services for the Projects during the planning,
design and construction phases thereof and authorized the CITY
Manager to negotiate the terms of and execute agreements with
said firms for the provision of the Services; and
WHEREAS, the PRINCIPAL is one of the firms selected to
provide general engineering services and the PRINCIPAL and the
CITY wish to execute this Agreement to set forth the terms and
conditions of the engagement.
- 759
NOW, THEREFORE, in consideration of the mutual covenants
set forth herein, the CITY and the PRINCIPAL agree as follows:
TERMS
1. Recitals. The recitals and all statements contained
therein are hereby incorporated into and made a part of
this Agreement.
2. Term. The term of this Agreement shall be three (3)
years, commencing on the date hereof and ending three (3)
years thereafter (the "Expiration Date"), subject, however,
to the provisions of Section 19 hereof. The CITY has the
right to extend the term hereof for an additional period of
one (1) year subject to the approval of the CITY Manager.
3. Subject Matter. This :Agreement sets forth the terms and
conditions pursuant to which the CITY may request, and
PRINCIPAL shall provide, the Services, as defined in
Section 4 and 5 below, for one or more Projects. No
specific Project is designated under this Agreement. The
Project and the specific details of the Services required to
be performed by the PRINCIPAL shall be described in a Work
Order to be issued by the CITY in accordance with Section 5.B
hereof.
4. Definitions.
A. PROJECT - means the proposed improvements (new or
restoration) to a street, sewer, property, or.other CITY
TA:GenEngServAgreementPHSEng.. 2
facility as generally designated and programmed by the
CITY or other related professional services requested by
the CITY.
B. WORK - means Services to be rendered or provided by the
PRINCIPAL for the PROJECT.
C. SERVICES - means the Basic Services and/or the Scope of
Work, as described in Section 6 hereof, to be performed
by the PRINCIPAL under this Agreement.
D. CONSTRUCTION BUDGET - means the amount allocated by the
CITY for construction of the PROJECT and all increases
authorized by the CITY.
E. PROJECT MANAGER - means the Director of the Department
of Public works or hWher designee.
S. Services.
A. General
i. At the CITY's request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the Services
described in Section 6 below. The Services include
but are not limited to the services outlined in
Section 6 herein and services that may be required in
connection with a Project. The Work shall be performed
in a sound, economical, efficient and professional
manner and within the time and the manner required in
TA:GenEngServAgreementPHSEng.. 3
a- 759
the Work Order, as mutually agreed upon by the
PRINCIPAL and the CITY.
ii. The PRINCIPAL shall perform the Work under the
direction of, and in close coordination with, the
Project Manager. The PRINCIPAL shall provide all
professional and technical services comprising the
Work and shall be fully responsible for all the
professional and technical aspects thereof. The
CITY's review and approval of the Work will relate
only to overall compliance with the general
requirements of the Project and whenever the term
"approval by the CITY" or like term is used in this
Agreement, the phraseology shall in no way relieve the
PRINCIPAL from any duties or responsibilities under
the terms of this Agreement or from using the best
professional engineering practices.
iii. The PRINCIPAL shall, in the performance of the
Work, comply with all Federal, State and Local codes,
ordinance and regulations, pertaining to the Project,
including, without limiting the generality of the
foregoing, the Federal Wage -Hour Law, Walsh -Healy Act,
The Occupational Safety and Health Act, The National
Environmental Policy Act and Equal Employment
Opportunity Legislation.
TA:GenEngServAgreementPHSEng.. 4
- 759
iv. In the performance of the Work, the PRINCIPAL agrees
to:
a. Strive to complete the Work within the time allowed
by maintaining an adequate staff of qualified
employees on the Work at all times.
b. Be fully responsible for the professional and
technical services that required to be rendered in
the performance of the Work.
c. Cooperate fully with the CITY in order that all
phases of the Work may be properly scheduled,
coordinated, and executed.
d. Report the status of the Project to the Project
Manager upon request or as required by this
Agreement, and maintain all notes, calculations,
and related Work open to inspection by the CITY, at
all times during the term hereof.
e. Prepare the plans, specifications and all other
documents pertaining to the Project in compliance
with all applicable federal, state and local laws,
codes, ordinances and regulations.
f. Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which PRINCIPAL is present.
TA:GenEngServAgreementPHSEng.. 5
93- 759
g. Be available for general consultation and advice at
all times during the term of the Project.
v. The CITY agrees to make available to the PRINCIPAL
any plans and other data in CITY's possession
pertaining to the Work to be performed for the
Project. The PRINCIPAL shall recommend to the CITY and
be responsible for the review and interpretation of
appropriate investigations, surveys, tests, analysis
and reports that need to be obtained or performed for
the proper execution of the PRINCIPAL's services. The
PRINCIPAL shall be responsible of contacting utility
companies and obtaining as -built of existing utilities
within the project._ area, and to make his/her own site
investigations.
B. Requests For Services.
i. Except in emergency situations, all requests for
services shall be made by a written Request For
Services ("RFS") issued by the Project Manager. In
case of emergency, the CITY may issue a verbal RFS to
be followed by a written RFS (or, after approval, by a
Work Order) and a Notice to Proceed, as soon as
practicable thereafter. The RFS shall describe the
Project and each section of the Work to be performed
TA:GenEngServAgreementMEng..
by the PRINCIPAL and the time schedule in which the
Work must be completed.
ii. Upon receipt of the RFS, the PRINCIPAL shall make
arrangements to meet with the Project Manager and a
meeting shall be held within ten (lo) days following
receipt of the RFS, to discuss the Construction
Budget, estimated amount of compensation, Project
schedule and deadline, and the schedule and scope of
the Work. All formats for the Work are to be as
presently used by the CITY of Miami Public Works
Department, unless otherwise directed by the Project
Manager. This is to include but not be limited to
plans, specificatiogs and contract documents.
iii. Subsequent to the meeting, the PRINCIPAL shall
submit to the CITY a proposal at no cost to the CITY.
If CITY and PRINCIPAL agree on the amount of
compensation and the schedule and time for completion
of the Work, then the Project Manager shall issue a
work Order and Notice to Proceed.
iv. The Services to be rendered by the PRINCIPAL for the
Project shall commence within twenty-four (24) hours
upon receipt of the Notice to Proceed and shall be
completed within the time agreed upon as shown in the
Work Order.
TA:GenEngServAgreementPRSEng.. 7
v. PRINCIPAL understands and agrees that failure to
comply with the foregoing provisions within the time
required herein may result in the Project being
awarded to another firm.
6. Scope of Work - Scope of Work consists of complete
professional services for any or all of the six (6) Phases
described in Sections A through F below. To the extent
that the provision of Services for a Project require any
engineering services, including but not limited to, civil,
soils, water and sanitary sewer, structural, construction
management or transportation, the PRINCIPAL shall perform
such services and use the services of Engineers who have
been designated as "Approved Sub -consultants," as the term
is defined in section 16 herein. The PRINCIPAL agrees to
coordinate its effort with that of the Sub -consultants
involved in a Project to assure fully coordinated and
complete Work. The PRINCIPAL shall prepare the final bid
package including bid documents and specifications to be
prepared by the Sub -consultants or to be provided by the
CITY. The PRINCIPAL may also be required to provide
consulting services to the CITY on various matters which do
not result in drawings or specifications. The CITY
acknowledges that any agency of the CITY may purchase
services in part or in whole from this contract,. provided
TA:GenEngServAgreementPHSEng.. - 8
93— 7 `T 9
that written permission is given by the CITY Manager or his
designee.
A. Phase I - Programming and Schematic Design:
i. The PRINCIPAL shall confer with the Project Manager
and other designated representatives of the CITY,
including the Department in charge of the Project, to
determine the general requirements for the completion
of the Project all within the Construction Budget.
ii. The PRINCIPAL shall use proper and adequate design
control to assure the CITY that the Project will be
constructed within the Construction Budget.
iii. The PRINCIPAL shall prepare a Design Concept and
Schematic Report fpr presentation to the CITY. This
presentation shall include the proposed Project
Schedule, a Planning Summary (if applicable), and
Schematic Design Studies (as described below), and an
estimate of probable Construction Costs.
iv. The proposed Project Schedule shall include a
timetable indicating the proposed completion date for
each Phase of the Project through Design, Bidding and
Construction, and the projected date of completion.
v. The Planning Summary (if applicable), shall consist
of vicinity plan and a site plan indicating the
Project orientation, and a brief summary of all
TA:GenEngServAgreementPHSEng.. 9
U3- 759
pertinent planning criteria being considered or to be
considered in the Project.
vi. The Schematic Design Studies shall consist of all
drawings (i.e. plans, sections, etc.) as may be
required, to show the scale and relationship of the
parts and the overall design concept.
vii. If necessary, as determined by the CITY, the
PRINCIPAL shall present the Schematic Design Studies
to the appropriate CITY Boards (such as Historic
Preservation Board, Planning and Zoning Boards, etc.)
for their approval of the proposed plans.
viii. The estimate of probable Construction Cost shall
include the estimated cost of the Project including
governmental permit fees, new utilities, proposed CITY
purchased equipment, contingencies (if any), and
escalation factors adjusted to the estimated bid date,
(if applicable).
ix. The PRINCIPAL shall submit to the CITY two (2)
copies of all documents required under this Phase, at
no additional charge, for approval by the CITY. The
PRINCIPAL shall not proceed with the next Phase until
directed by the Project Manager.
B. Phase II - Design Development:
TA:GenEngServAgreement PHSEng.. 10
03- 759
i. From the approved Schematic Design documents, the
PRINCIPAL shall prepare Design Development Documents,
including the drawings, outline specifications and
other documents to describe the size and character of
the entire Project as to construction, finish
materials, and other items incidental to the Project
as may be appropriate and applicable.
ii. The Design Development Documents shall include the
updated Proposed Project Schedule, outline
Specifications of Proposed Materials and Equipment,
Updated Estimate of Probable Construction Cost, and
the Design Development Drawings, as required to
clearly delineate;, the Project. If the probable
Construction Costs exceed 'the Construction Budget,
then, appropriate reductions in costs or Scope of
Project shall be included for CITY's evaluation.
iii. The PRINCIPAL shall submit to the CITY, two (2)
sets of all documents required under this Phase, at no
additional charge, for CITY's approval. The PRINCIPAL
shall not proceed with the next phase until directed
by the Project Manager.
C. Phase III - Construction Documents:
i. From the approved Design Development Documents, the
PRINCIPAL shall prepare Final Construction Documents
TAeGenEngServA9reementPHSEn9-. 11
03- 759
setting forth in detail the requirements for the
construction of the Project. The Final Construction
Documents shall include complete Drawings and
Specifications, the Proposal (Bid) form, Special or
Supplemental General Conditions, and other necessary
information for bidders. PRINCIPAL shall use the CITY
of Miami Public Works Department Standard forms for
the preparation of the Proposal (Bid) forms,
Instructions to Bidders, Conditions of Contract, and
other CITY required documents. In the preparation of
the Construction Documents, the PRINCIPAL shall use
Construction Specifications Institute (CSI) Standards,
including the 16 :Division and the 3 part Section
format developed and recommended by the C.S.I. for
construction specifications.
ii. The Construction Documents shall be prepared in a
manner that will assure clarity of lineWork, notes,
and dimensions, when the documents are reduced to 50k
of their size. All drawings shall be on 24" x 36"
size first quality drawing paper or Mylar using CITY's
standard format, unless otherwise approved.
iii. Whenever possible, the Construction Drawings shall
be created by computer using Autocad. where Autocad is
used, the PRINCIPAL will also submit a copy of the
TA:GenEngServAgreementPBSEng.. 12
yip- '�5y
drawings on a compact disk. When possible, the
PRINCIPAL's specifications shall be produced on a word
processor using Microsoft "Word" format. Another
format may be used only if approved by the CITY.
iv. When the development of Construction Drawings has
progressed to at least 50%- completion, the PRINCIPAL
shall submit to the CITY, at no additional charge, two
(2) copies thereof together with an updated set of
Specifications and an updated Estimate of Probable
Construction Costs.
v. The PRINCIPAL shall not proceed with the further '
development of the Construction Documents until it has
received CITY's approval of the 50% Check Set. The
PRINCIPAL shall make all reasonable changes required
by the CITY. In the event the latest estimated
Probable Construction Costs reveal that the cost of
the Project will exceed the Construction Budget, then,
at the Project Manager's request, all Work shall be
stopped until the PRINCIPAL and the CITY agree on
methods of cost reductions or changes in scope
sufficient to enable construction of the Project
within the Construction Budget.
vi. upon completion of the Construction Documents, the
PRINCIPAL shall submit to the CITY, at no additional
TA:GenEngSer+AgreetaentPHSSng.. 13
.,33- 759
charge, a final Estimate of Probable Construction
Costs along with two (2) sets of final construction
drawings and specifications, for final review, and
approval.
vii. The PRINCIPAL shall make all the necessary
presentations of the final plans to the appropriate
CITY Boards for their approval, as outlined and
identified within the Work order and corresponding
scope of Work.
viii. PRINCIPAL shall make all required changes or
additions and resolve all questions resulting from the
CITY's final review. This shall be at no additional
charge to the CITY, except for changes requested by
the CITY that are in conflict with prior CITY
directives or approvals or constitute the CITY's
modifying the scope or program of the project. All
revised documents shall be submitted to the CITY for
approval. After final approval by the CITY, the
PRINCIPAL shall furnish, at no additional charge, a
master set of reproducible drawings and specifications
and provide two (2) sets of prints of the final
drawings and specifications to the CITY. If
additional sets of prints are authorized for bidding
purposes, the CITY shall reimburse the PRINCIPAL for
TA:GenEngServAgreementPHSEng.. 14
03- 759
the cost of printing additional drawings and
specifications.
ix. The PRINCIPAL shall conduct "dry runs" of the final
construction plans to the Building Department and
other appropriate governmental authorities, as
necessary to ascertain that the construction documents
meet all the requirements for construction permits.
The PRINCIPAL shall make all necessary corrections,
modifications, and additions to the construction
documents (plans, specifications, etc.) necessary for
permitting. The PRINCIPAL shall assist the CITY in
filing the necessary documents and obtaining the
approval for utilities (such as water, sewer, etc.) as
well as the approval from all other applicable
governmental authorities (such as environmental,
health, building, zoning, etc.).
D. Phase IV - Bidding and Negotiation Phase:
i. The Bidding and Negotiation phase shall be conducted
in accordance with the CITY's established or approved
process. The PRINCIPAL shall assist the CITY in
obtaining and awarding bids and preparing Construction
Contracts. After receipt of bids, the PRINCIPAL, shall
evaluate the bids and assist the CITY in making a
recommendation to the CITY Commission.
Tk:GenEngServAgreementPHSEng.. is
o3- "749
ii. During the advertisement and bidding period the
PRINCIPAL shall prepare any necessary Addenda, with
accompanying drawings or other materials, as may be
required. An original copy of each Addendum shall be
submitted to the Project Manager for approval and a
copy of the same shall be furnished to each of the
Bidders that have picked up a set of Contract
Documents for purposes of bidding.
iii. The PRINCIPAL shall attend pre-bid conferences when
they are deemed necessary by the CITY.
iv. During the bidding period, the PRINCIPAL shall
interpret Construction Documents in writing, and
prepare any supple,oentary drawings or specifications
necessary for the clarification of the documents. The
PRINCIPAL shall also assist the CITY in preparing
responses to inquiries from prospective bidders.
v. If the lowest responsible bid received exceeds the
Construction Budget the CITY may:
a. approve the increase and award the Construction
Contract to such bidder, or
b. reject all bids and rebid the Project within a
reasonable time with no change in the Project Bid
Documents, or
TA:GenEngServAgreementPHSEng.. 16
,�- 7r5
c. direct the PRINCIPAL to revise the Scope of the
Project only if the bid exceeds the construction
budget by more than ten (10) percent. In such
event the PRINCIPAL shall modify the Construction
Documents as necessary to bring the Estimated
Probable Construction Cost within the Construction
Budget. Such modifications shall be at no
additional charge to the CITY unless the excess in
Construction Costs is due to a change in scope
requested by the CITY or due to unforeseen
circumstances such as force majeur or undue delay
on the part of the CITY in bidding the Project, or
d. suspend or abandon the Project.
E. Phase V - Administration of the Construction Contract:
i. The Construction Phase will begin with the award of
the Construction Contract and will end when the
Contractor's final payment is approved by the CITY.
ii. Unless otherwise provided, the CITY's Public Works
Department will administer the Construction Contract
and will assign an inspector to the Project. The
PRINCIPAL shall advise and consult with the Project
Manager or the CITY Inspector when appropriate. The
PRINCIPAL shall have only limited authority to act on
behalf of the CITY and only to the extent provided in
TA:GenEngServAgreementPHSEng.. 17
the General Conditions or in the Supplementary
Conditions of the Construction Contract. CITY shall
have final approval of all changes in the Construction
Work and Costs.
iii. The PRINCIPAL shall attend pre -construction
meetings and job meetings where its presence is
required to resolve problems or disputes with the
construction runs.
iv. The PRINCIPAL shall at all times have access to the
Project during the construction phase, so it may
adequately perform as intended under this Agreement.
v. The PRINCIPAL shall visit the construction site at
regular intervals- appropriate to the project and
during all key construction events, as defined in the
Work order or otherwise agreed by the PRINCIPAL and
Project Manager to evaluate the progress of the
Project and to determine, in general, if the Project
is proceeding in accordance with the Contract
Documents. The PRINCIPAL will not be required to
provide continuous daily on-site inspections to check
the quality or quantity of the Work unless otherwise
authorized or directed in writing by the CITY, and
compensated accordingly for his services.
TA:GenEngServAgreementPHSEng.. 18
93- 759
vi. The PRINCIPAL shall have no responsibility to
supervise and control those actions of any parties not
directly employed or retained by the PRINCIPAL. On
the basis of the on-site observations, the PRINCIPAL
will advise the CITY as to the progress of the Work
and any observed defects and deficiencies. The
PRINCIPAL shall not be responsible for construction
means, methods, techniques, sequences, procedures or
for safety precautions and programs developed by the
Contractor during the construction of the project,
since these are the Contractor's responsibilities.
vii. The PRINCIPAL shall furnish to the CITY a written
report describing its observations of the Work, during
each visit to the site, and the general status and
progress of same. All reports shall be submitted in a
timely manner. The PRINCIPAL shall ascertain, at
least monthly, that the Contractor is making timely,
accurate, and complete notations on record drawings.
viii. Based on observations at the site and on its
review of the Contractor's Payment Certificate, the
PRINCIPAL shall assist the CITY in determining the
amount due the Contractor and shall recommend approval
or rejection of the Certificate of Payment and the
amounts of each.
TA:GenEngServAgreementPASEng.. 19
03_ 759
ix. The PRINCIPAL's recommendation for approval of a
Payment Certificate shall constitute the PRINCIPAL's
representation and certification to the CITY that the
Work has progressed to the point indicated, and that
it has been performed in accordance with the Contract
Documents subject to:
a. an evaluation of the Work for conformance with the
contract documents upon substantial completion.
b. the results of any subsequent tests required by the
Contract Documents, and
c. minor deviations from the Contract Documents
correctable prior to completion and acceptance of
the Project. _
x. The PRINCIPAL shall have an affirmative duty to
recommend rejection of Work which does not conform to
the Contract Documents. whenever, in its reasonable
opinion, the PRINCIPAL considers it necessary or
advisable to insure compliance with the Contract
Documents, the PRINCIPAL will have authority, after
approval from the Project Manager, to recommend
special inspections or testing of any work deemed not
to be in accordance with the Contract Documents
whether or not such Work has been fabricated and
delivered to the Project, or installed and completed.
TA:GenEngServAgreementPHSEng.. 20
However, neither this authority of the PRINCIPAL nor a
decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty
or responsibility of the PRINCIPAL to the Contractor,
Subcontractors, material and equipment suppliers,
their agents or employees or any other persons or
entities performing portions of the work.
- !'ormattcd: Bullets and Numbering
Ixi. The PRINCIPAL 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 nod be authorized without concurrence
by the Project Manager.
Ixii. The PRINCIPAL shall provide the CITY with copy of
all shop drawings, duly reviewed by the PRINCIPAL, for
the CITY's permanent records.
xiii. The PRINCIPAL shall review all test reports
required by the Contract Documents and notify the CITY
of any noncompliance with the Contract Documents.
xiv. The PRINCIPAL shall witness all tests that it is
required to witness by Code or by the Contract
Documents and shall provide to the CITY written
reports of all such tests.
TA:GenEngServAgreementPHSEng.. 21
xv. The PRINCIPAL shall receive all samples required to
be furnished by the contractor and shall record the
date of receipt and its source, examine said samples,
notify the CITY of the approval or rejection of said
samples, and maintain custody of approved samples.
4 xvi. As part of the Project Scope, the PRINCIPAL shall,
if necessary, assist the CITY in the preparation of
bids for the purchases of equipment, fixtures, and
furnishings for the Project. Upon receipt of these
bids, the PRINCIPAL shall assist the CITY in its
evaluation and make recommendations related to the
procurement and the installation of said equipment,
fixtures, and fur4phings .
I xvii. The PRINCIPAL shall review and recommend action on
I{ proposed Change Orders within the scope of the
Project. This includes Change Orders initiated by
others or any proposed Change Orders -recommended by
the PRINCIPAL based on his observations.
Ixviii. The PRINCIPAL shall examine the Work upon receipt
of the Contractor's Certificate of Substantial
Completion for the Project and shall prepare a punch
list of any defects and discrepancies in conjunction
with the Project Manager. After the punch list items
have been satisfactorily completed and approved by the
TA:GenEngServAgreementPHSEng.. 22
')3- 759
PRINCIPAL, the PRINCIPAL shall recommend execution of
Certificate of Final Acceptance and Final Payment to
the contractor. PRINCIPAL shall also obtain from the
contractor all warranties, guarantees, operation and
maintenance manuals, releases of lien, extra materials
required by the contract, and certificates as may be
required by the specifications or applicable laws, and
deliver them to the CITY.
xix. The PRINCIPAL shall provide assistance in obtaining
contractor's compliance with the Contract Documents
relative to, a) initial instruction of CITY personnel
in the operation and maintenance of any equipment or
system, b) initial,.start-up and testing, adjusting and
balancing of any equipment Or systems, and c) final
clean-up of the Project.
F. Phase VI - Post Construction Administration:
i. The PRINCIPAL shall furnish to the CITY reproducible
"as-built" record drawings based on signed and sealed
information provided by a Florida registered Surveyor
retained by the CITY or the Contractor. These
drawings shall become the property of the CITY.
ii. The PRINCIPAL shall assist the CITY in the
observation of the Work one month before the
expiration of any guarantee period and shall report to
TA:GenEngServAgreementPESEng.. 23
the CITY any defective Work in the Project which is
under guarantee/warranty. The PRINCIPAL shall also
assist the CITY with the administration of guarantee/
warranties for correction of any defective Work that
may be discovered during the guarantee/warranty
period.
7. Project Completion Time. The Work shall be performed
within the time allocated to each phase thereof and shall
be completed within the time agreed upon. A reasonable
extension of the Work time will be granted in the event of
a delay caused by the CITY's failure to fulfill its part of
the Agreement as herein required or by other reasons, such
as review period by regulatory agencies, weather beyond the
control of the PRINCIPAL. In the event the delay is
attributable to the PRINCIPAL or any of its employees,
agents or sub -consultants, at the sole discretion of the
Director of the Department of Public Works, the costs
associated with the delays will be the sole and complete
responsibility of the PRINCIPAL.
8. Extension of Expiration Date. In the event the
PRINCIPAL is engaged in a Project (s) on the Agreement
Expiration Date, then this Agreement shall remain in effect
until completion or termination of said Project(s). No new
Work Orders shall be issued after the Expiration Date.
TA:Gen&ngservAgreementPHSEng.. 24
9. CITY's Services and Responsibilities. The CITY shall make
available to the PRINCIPAL for its inspection, all plats,
maps, surveys, aerials, records and other information
regarding the Project that the CITY has as its disposal.
- �Fomwmsd: Bullets and Numbering
10. Compensation. Compensation shall be based on a "Fixed
Fee" or a "Not to Exceed Fee", as described hereunder,
based on the nature and scope of the Work. The method of
compensation shall be agreed upon prior to issuance of the
Work Order. Notwithstanding anything herein to the
contrary, the CITY and the PRINCIPAL agree that the total
compensation permitted for all Work under this Agreement
shall not -exceed the sum of $700,000.
A. FIXED FEE: The fee ,-for a task or a scope of Work based
on a fixed fee shall be mutually agreed upon by the CITY
and the PRINCIPAL.
B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is
mutually agreed upon, the amount of compensation shall
be based on an hourly rate fee. The hourly rate fee
shall be computed based on the hours worked by
individuals in the following categories. The Hourly Rate
for each category, as shown below, includes all
equipment, supplies, materials, tools, labor, wages,
taxes, insurance, benefits, overhead and profit and
shall be applicable to any necessary overtime Work.
TA:GenEngServAgreementPBSEng.. 2 5
03-- 759
Catteory
Hourly Kates
Principal in Charge
5132.00
Principal Engineer
$112.00
Project :Manager
598.00
Professional Engineer
$89.60
Engineer
570.00
Draftsperson
544.80
Eneineerine Technician
544.80
Administrative (Billing. Reports Preparer)
S47.60
Clerical (Filing. Light Nord Processing)
$35.00
Construction Manager (Superisor)
584.00
Construction Inspector
$58.80
Cadd Operator
553.20
Resident Engineer
$112.00
Associate Engineer =
575.60
_ . Payments of Compensation. Compensation shill be paid monthly in accordance with invoices
detaiiing the fees and expenses, for work performed during the immediate precedine calendar
month. Payment shall be made within thirty (30) days following Project Manager's receipt of the
invoices, in triplicate. The invoices shall include the following information:
h. 'Iota] contract amount.
B. Percent of worts complete to date.
c. Total amount paid to date.
D. Amount previously billed. Approved:
26 (corrected)
c,����.a•sttst:rq
TA:GenEngServAgreementPHSEng-- 26
Tiita of , iantt
January 14, 2003
PHS Engineering Corporation
Mr. Ronald M. Colas, President
4100 NE 2nd Avenue. Suite 310
Miami, FL 33137
Ref: Corrected Rates for Professional General Engineering Services
RFP No.00-01-263
City, of .Miami Resolution: 02-144, February 14, 2002
Dear Mr. Colas:
Enclosed is the "page 26, corrected", NOT TO EXCEED FEE Section of your '
Professional General Engineering Agreement The hourly we fees were revised
according to your letter dated July 12, 2002. The Hourly Rate for each category includes
all equipment, supplies, materials, tools. labor, %ages, taxes• insurance, benefits.
overhead and profit and shall be applicable to any necessary overtime work.
Please sign the corrected pp#e to incorporate into and made a part of your Agreement..
If you have any questions concerning this matter, please do not hesitate to contact me at
(305)416-1227.
Sincerely,
Janet E. Palacino
Director
;'it:
JEP!JRA- tA.'m
Enc. ('- )
C: Jorge R. Avifio, P P.L.S., Deputy Director, Capital. Improvements Department
D MRTW NT Of C4PRAL 11.:PROVEMENT PRCGRAAMS
4+; SAV 2nd A,r. u ;WAnn, FL 33130:l30.i141E•I:80!Faxi3U5i4t6.31
Mallin¢ Add, -ss: V.U. &•a *30708 Miami, `1. 33.33.07;18
TA:GenEngServAgreementPUSEng.. 27
03" 759
CITY OF MAW. FLORIDA
ci
INTEft'flE6&1 WA6RAMMM jr
Carlos A. Girnenez i �C::: -_ 1 sZ �� ,;.•', �4
December _•..
Cin' .Marager
Adjustment in Rates for
Professionai Semces
1 Contract
F0.0L Janet E. Paiacino. Director , '",r;:; `.
Department o`Capitai Impravements
ENCLOSURES
PHS Engineering Corporation has qualified in accordance with City of Nliami Code
Section I8.9'_.3 and Ordinance Nos. 10052 and 10538, Professional Services Consultant
or Ivliscellaneous Contracts. PHS notified Public Works after execution of their contract
that they request adiusttttent (correction) of their classification rates because the hourh
rates were the direct cost without their regular 2.8 multiplier. Safi has reviewed the rates
submitted by PHS and has found that all but one rate was under the median rates of fines
submitting rates.
It is recommended that the PHS Engineering Corporation classification rtes be adjusted
to include the 2.8 multiplier that was omined in the contract.
Should this request meet 4h your approval, please indicated by signing below.
Approved: 1 i�L Date: ✓�l3t�d �"
Carlos 2k. Gimenez
City Manager
7EP.QfLii"mp
C: Joree R. Aviiio, Director, Department of Capital Impmvem
G JRA'dhu?W0rdhd';U.UR tMMAoc
TA:Genr,ngServAgreemenePHSEng..
28
Cri4;rn1 Sett �G
�iJ l Iny�C EJ�CE G: /!
_ 1 14 1 '
C. Summary of Work done during the billing period.
D. Invoice number and date.
12. Schedule of Work. The CITY shall have the sole right to
determine which Project shall be assigned to the PRINCIPAL.
The schedule of Work and time for performance will be
mutually agreed upon by the CITY and the PRINCIPAL.
Fa
nnatbed: Bullets and Numbering
WorkExtra Work Expenses. If the PRINCIPAL has incurred extra
Work or expense due to changes ordered by CITY after any
portion of the Work is approved by the CITY, then the
payment for such extra Work shall be the subject of a
Change Order, and shall be approved, in writing, by the
CITY if, in the CITY's reasonable opinion, such Change
Order is warranted. I£,the PRINCIPAL caused extra Work or
expense without previous approval by the CITY, such extra
work shall be the subject of an additional Work order and
the cost of the extra Work shall be sole responsibility of
the PRINCIPAL.
114. Reimbursable Expenses: Reimbursable expenses are to be
paid in addition to compensation for Basic Scope Services
and include expenses incurred by the PRINCIPAL, its
employees and other consultants in the interest of each
Project, as identified as follows and if authorized in
writing, by the CITY's Project Manager and proper
documentation is provided to the CITY's Project Manager.
TA:GenEngServAgreementPHSEng.. 29
�►3- '75J
A. Providing the services of special specialists, in
addition to those that are required to provide the basic
scope of services. Unless otherwise agreed, the extra
expense of specialists, when authorized, shall be the
amount paid to the specialist. The compensation for
these services shall be done as reimbursable expenses.
This Section does not apply to Professional Services of
those individuals and specialists employed by the
PRINCIPAL.
B. Expenses of surveys of existing sites and buildings if
paid by the PRINCIPAL.
C. Fees paid by the PRINCIPAL for securing approval of
authorities having jurisdiction over the projects.
D. Costs of testing, strength of materials, soils,
chemical, mechanical or other tests, connected with
construction projects, if paid by the PRINCIPAL.
E. Traveling outside of Miami -Dade County when authorized
in advance by the CITY'S Project Manager.
Transportation and living expenses of PRINCIPALS or
employees shall be paid not to exceed limitations
established by law.
F. If required by the CITY's Project Manager, providing
site personnel, threshold inspector, etc.
TA:GenEngServAgreementPHSEng.. 3 0
z)"- 759
G. Changes in the Project initiated by the CITY or
Contractor.
15.Approval of Calculations, Reports and Drawings. The CITY
agrees within thirty (30) days after delivery, it will,
approve, reject, or return with indicated suggested
revisions or recommendations, all field notes, drawings,
calculations, reports or other written communications
submitted by the PRINCIPAL to the CITY for approval. Such
approval, revisions or recommendations by the CITY shall
not relieve the PRINCIPAL of its responsibility for the
work. Any errors noted in the calculations or drawings
submitted by the PRINCIPAL will be corrected at no
additional cost to the CITY. All certified plans and other
final drawings required under this agreement shall be
delivered tot he CITY in a reproducible form such as an
original ink drawing on high quality Vellum or a reverse
Mylar made from an original ink drawing. In either case,
the reproducible of registered plans shall be affixed with
the engineers, embossed seal and signature.
FwmaMd: Bullets and Numbering
16.Sub-consultants.
A. Selection of the PRINCIPAL by the Competitive Selection
Committee was based, in part, on the qualifications and
expertise of the Sub -consultants listed in response to
the "Request for Proposals" (RFP) if Sub -consultants
TA:GenEngServAgreementPHSEng.. 31
were listed (the 'Approved Sub -consultants"). The
PRINCIPAL shall employ Approved Sub -consultants where
their specialties are required to perform the Work for
an assigned Project.
B. The PRINCIPAL may choose additional Sub -consultants
provided it first obtains the prior written approval of
the CITY. The PRINCIPAL may not exclude Approved Sub -
consultants from a Project without the CITY's prior
written consent. The reasons for hiring additional Sub -
consultants or for the replacement of the Approved Sub -
consultants shall be detailed in the PRINCIPAL's written
request for CITY's consent.
C. The PRINCIPAL shall—be responsible for all the Work of
its organization, employees and its sub -consultants.
Nothing contained in this Agreement shall create any
contractual relationship between any of the sub -
consultants Working for the PRINCIPAL and the CITY. The
PRINCIPAL agrees and understands that it is in no way
relieved of any responsibility under the terms of this
Agreement by virtue of any other professional who may
associate with it in performing the Work.
D. Sub -consultants that must be used are: (None)
17.Conflict of Interest.
TA:GenEngServAgreementPHSEng.. 32
�3- 759
A. PRINCIPAL covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal
financial interest, direct or indirect, with the CITY.
PRINCIPAL further covenants that, in the performance of
this Agreement, no person having such conflicting
interests shall be employed. Any such interests on the
part of PRINCIPAL or its employees, must be disclosed in
writing to CITY.
B. PRINCIPAL is aware of the conflict of interest laws of
the CITY of Miami (CITY of Miami Code Chapter 2, Article
V), Miami -Dade County, Florida (Miami -Dade County Code
Section 2-11.1) and;,the State of Florida, and agrees
that it shall fully comply in all respects with the
terms of said laws.
18.Ownership of Documents. All reports, tracings, drawings,
plans, specifications, survey information maps, computer
media, and other data developed by the PRINCIPAL for the
purpose of this Agreement shall become the property of the
CITY without restriction or limitation upon use and shall
be made available by the PRINCIPAL at any time upon request
of the CITY. When any Work contemplated under this
Agreement is completed or for any reason terminated prior
TA.GenEngservAgreementPESEng.. 33
03- �
to completion, all of the above data shall be delivered to
the Project Manager.
19.Termination and Suspension of Agreement.
A. The CITY retains the right to terminate this Agreement
at any time prior to the completion of the Work without
penalty to the CITY. In such event, the CITY shall give
written notice of termination to the PRINCIPAL and the
PRINCIPAL shall be paid for services rendered up to the
date of the notice, provided, however, that the
PRINCIPAL is not in default under the. terms of this
Agreement and as set forth in Section 30 hereof.
B. In the event of termination, all documents, plans, and
other documents deyFloped by PRINCIPAL under this
Agreement shall become the property of the CITY, with
the same provisions of use as set forth herein.
C. It is further understood by and between the parties that
any information, contract documents, plans, drawings, or
any other matter whatsoever which is given by the CITY
to the PRINCIPAL pursuant to this Agreement shall at all
times remain the property of the CITY and shall not be
used by the PRINCIPAL for any other purposes whatsoever
without the written consent of the CITY.
20.Award of Agreement.
TA:GenEngServAgreementPHSEng.. 34
A. The PRINCIPAL warrants that it has not employed or
retained any company or person to solicit or secure this
Agreement, that it has not paid or agreed to pay any
company or person any fee, commission, percentage,
brokerage fee, or gifts or any other consideration
contingent upon or resulting from the award or making of
this Agreement.
B. The PRINCIPAL also warrants that to the best of its
knowledge and belief no Commissioner, Mayor or other
officer or employee of the CITY is interested directly
or indirectly in the profits or emoluments of this
Agreement or the Work.
21.Entire Agreement. This.Agreement represents the entire and
integrated agreement between the CITY and the PRINCIPAL
and supersedes all prior negotiations, representations or
Agreements, either written or oral. This Agreement may be
amended only by written instrument executed by CITY and
PRINCIPAL.
22.Successors and Assigns. This Agreement shall be binding
upon the parties hereto and their respective heirs,
executors, legal representatives, successors and assigns.
23 -Right to Audit. The CITY reserves the right to audit
records of the PRINCIPAL pertaining to this Agreement
anytime during the term hereof, and for a period of three
TA:GenBngServAgreementPHSEng.. 35
03- 759
(3) years after final payment is made under this
Agreement.
24.Insurance. PRINCIPAL shall maintain during the terms of
this Agreement the following insurance:
A. Comprehensive General Liability Insurance in amounts not
less than $1,000,000.00 Combined Single Unit for bodily
injury and property damage liability and said insurance
shall include contractual liability coverage. The CITY
of Miami shall be named as primary Additional Insured.
B. Professional Liability Insurance in a minimum amount of
$1,000,000.00 covering all liability arising out of the
terms of this Agreement.
C. Workers' Compensation Insurance in the statutory
amounts.
D. Automobile Liability Insurance covering all owned, non -
owned, and hired vehicles used by PRINCIPAL in
connection with work arising out of this Agreement.
Coverage shall be written with at least statutory
amounts for Bodily Injury and Property Damage.
E. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of
Florida and which are approved according to
specifications of the Risk Management Division of the
TA:Genr,ngServAgreementPHSEng.. 36
3- 759
CITY of Miami. All policies required hereunder shall
name the CITY as "Additional Insured".
F. The PRINCIPAL shall furnish certificates of insurance to
the CITY prior to the commencement of any Work, which
shall clearly indicate that the PRINCIPAL has obtained
insurance in the type, amount and classification as
required for strict compliance with this Section and
that no material change or cancellation of the insurance
shall be effective without the thirty (30) days written
notice of the CITY.
G. Compliance with the foregoing requirements shall not
relieve the PRINCIPAL of its liability and obligations
under this Section ;,or under any portion of this
I
Agreement.
25.Right of Decisions.
A. All services shall be performed by the PRINCIPAL to the
satisfaction of the Project Manager 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
hereunder, and the character, quality, amount, and value
thereof, and the Project Manager's decisions upon all
claims, questions of fact, and disputes shall be final,
TA:GenEngServAgreementPKSSng.. 37
03r ��
conclusive and binding, upon the parties hereto, unless
such determination is clearly arbitrary or unreasonable.
B. In the event that the PRINCIPAL does not concur in the
judgment of the Project Manager as to any decision made
by him, the PRINCIPAL shall present his written
objections to the CITY Manager.
26.Non-Discrimination. The PRINCIPAL shall not discriminate
against any employee or applicant for employment because
of race, color, religion, sex, age, national origin,
handicap or marital status. The PRINCIPAL shall take
affirmative action to ensure that applicants are
employed, without regard to their race, color, religion,
sex, age, national origin, handicap or marital status.
such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
The PRINCIPAL agrees to post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting
forth the provisions of this Equal Opportunity Clause.
27.Construction of Agreement. The parties hereto agree that
this Agreement shall be construed and enforced according
TA:GenEngServAgreementPHSEng.. 3 8
�3- "1 5:)
to the laws, statutes and case law of the State of
Florida.
28.Independent Contractor. The PRINCIPAL and its employees
and agents, shall be deemed to be Independent Contractors
and not agents or employees of the CITY; and shall not
attain any rights or benefits under the Civil Service or
Pension ordinance of the CITY, or any right generally
afforded classified or unclassified employees; further
they shall not be deemed entitled to Florida Workers'
Compensation benefits as employees of the CITY.
29.Non-Delegability. It is understood and agreed that the
obligations undertaken by the PRINCIPAL pursuant to this
Agreement shall not be - delegated or assigned to any other
x
person or firm without the CITY's prior written consent,
which may be withheld at CITY's sole discretion.
30.Default Provision. In the event that PRINCIPAL shall fail
to comply with each and every term and condition of this
Agreement or fails to perform any of the terms and
conditions contained herein, then the CITY, in addition
to all other remedies available by law, at its sole
option, upon written notice to PRINCIPAL may cancel and
terminate this Agreement, and all payments, advances or
other compensation paid to PRINCIPAL by CITY while
TA:GenHngServAgreementPHSBng.. 39
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PRINCIPAL was in default of the provisions herein
contained, shall be forthwith returned to CITY.
31.Contingency Clause. Funding for this Agreement is
contingent on the availability of funds and continued
authorization for program activities and is subject to
amendment or termination due to lack of funds or
authorization, reduction of funds, and/or change in
regulations.
32.Minority Procurement Compliance. The PRINCIPAL acknowledges
that it has been furnished a copy of Ordinance No.
10062, the Minority Procurement Ordinance of the CITY of
Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including
any amendments thereto.
33.Indemnification. The PRINCIPAL covenants and agrees that
it will indemnify and hold harmless the CITY, its
officers, agents and employees from any and all claims,
losses, damages, costs, charges or expenses arising out
of or in connection with the negligent acts, actions, or
omissions of the PRINCIPAL or any of its officers,
agents, employees, whether direct or indirect, provided,
however, that PRINCIPAL shall not be liable under this
Section for damages or injury arising out of or directly
caused by or resulting from the sole negligence of the
TA:Gen&ngServAgreementPHSEng.. 4 0
e -W 1-� 9
CITY or any of its agents, officers or employees. The
indemnity provided herein is not limited by reason of
any particular insurance coverage in this Agreement.
34.Notice. All notices or other communications which shall or
may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or
by registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI: PRINCIPAL:
City Manager
444 S.W. 2nd Avenue
Miami, Florida 33130
Public Works Department
PHS Engineering Corp.
Attn: John H. Jackson
Attn: Ronald M. Colas
444 S.W. 2nd Avenue
4100 N.E. 2nd Avenue, Suite 310
Miami, Florida 33130
Miami, FL 33137
(305) 416-1223
(305) 573-2240
City Attorney
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33130
35.Amendments. No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
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36.Miscellaneous Provisions.
A. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
B. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
C. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or
phrase contained in ,this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the CITY of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
TA:GenEngServAgreementPHSEng.. 42
tv:^`IESS lI3EREOF, the Parties hereto have, _.._
to -roper corporace officials, executed t..__
?greeme. , the day and year `_ars= above se --
PHS Eng-ineering
a Florida Corpo tic!
ATTES i•
Ccrpra a Se retar'y'
CITY OF M:AM:, a muni.caoal
Corporation of the S --ace of
Florida
Clerk City Manager
r''�••••^'1✓D AS T✓ ,•niVT:
J r3v 3. JACKSO
rec_or
Department. of Ptyblic Works
F_z'PROv= j STO .?JSZiI Ah-) APPP,O` ED AS TO INS;,'RANCE
C^vRPECT SS:.. REQLZRFMENTS:
4�\ ,
to i:,:' ,SRO VfLjtF.E TLO R. SUE WELLER, —64ric ^
__TY'A_t-erne; risk Management
RMC: _en Sc:gServAgreemectPliSEng
TA.GenEngServAgreementPSSEng.. 43
03- "7bb