6City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75 th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
South Miami
bOd
AU·America CitY
11111.'
2001
TO: Steven Alexander, City Manager
FROM: Jorge L. Vera, Capital Improvement Project Manager
DATE: May 21,2012
Resolution: A Resolution authorizing the City Manager to expend with Stantec Inc. an amount not to
exceed $8,600 for the Sunset Drive Improvement Phase 5 Project, to be charged to Peoples
Transportation Tax Fund account number 124-1730-541-6490.
Background: In 2006, the city selected a design consultant C3TS, to undertake the task of providing plans
for the right-of-wa~ improvements of Sunset Drive (SW 72 Street) from US1 to the western
City limits (SW 69 t Avenue). The plans were completed in 2007.
Expense:
Account:
However, due to funding issues the project was divided into 5 phases. Phases 1 and 2
consisted of roadway improvements between US1 to SW 62 nd Avenue, and City Hall parking
lot improvements, respectively. Phase 3 consisted of right-of-way, sidewalk and drainage
improvements, median landscaping and irrigation between SW 62 nd Avenue to SW 63 rd
Avenue. Phase 4 continued the roadway improvements, from SW 63 rd Avenue to SW 65 th
Avenue.
Phase 5 remains outstanding for the remaining portion of improvements that extends from
SW 65 th Avenue to SW 69 th Avenue. It consists of right of way and sidewalk improvements,
median landscaping and irrigation. The plans for this Phase 5 were completed in 2007,
however due to the length since the time the plans were prepared, there may have been
changes in the field conditions that may have occurred during the past 6 years. Therefore, it is
important to identify any discrepancies which may have arise prior to the City advertising for
the construction of the project.
Staff contacted Stantec Inc. (who acquired C3TS) to obtain a quote for reviewing current site
conditions, updating the plans, surveying the area and signing and sealing the plans for this
phase. It is logical that the engineers that completed the original design task in 2007 would
be the best and least expensive to update the work. They provided the city with a cost for
these services in the amount of $8,600. These updated plans will contain an accurate set of
plans necessary to provide in the construction bid documents.
An amount not to exceed 8,600 dollars
The expenditure is charged to Peoples Transportation Tax Fund account number
124-1730-541-6490 which has a balance of $220,000 before this request was
made.
Attachments: Proposed Resolution
Solicitation Received
Previous Resolutions
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RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to agree to a change order and to pay Stantec
Inc. flkla C3TS an amount not to exceed $8,600 for the Sunset Drive Improvement Phase 5
Project, to be charged to People's Transportation Tax Fund account number 124-1730-541-
6490.
WHEREAS, the Mayor and City Commission wishes to complete the right of way improvements for Sunset
Drive between the SW 65 Avenue and SW 69 Avenue; and
WHEREAS, the City Commission had contracted with C3TS which has been acquired by Stantec Inc. for
design services for a right of way improvements of Sunset Drive from US1 To SW 69 Avenue; and
WHEREAS, due to funding issues the project was divided into several phases and each phase was
completed upon funding becoming available; and
WHEREAS, the work for the prior Phase1-4 was completed in Feb 2010, but the construction project for
Phase 5 was not timely commenced and the plans now need to be updated by way of a change order. The
updated plans shall consist of right of way and sidewalk improvements, median landscaping and irrigation; and
WHEREAS, Stantec Inc. Inc. has the same team of professionals who worked for C3TS and, therefore, an
understanding of the scope, previous research and work on the project which will expedite the process and
minimize cost by not having to duplicate the work,
WHEREAS, Stantec Inc. will review, update, sign and seal construction plans for for the remaining Phase 5
in an amount not to exceed 8,600 dollars; and
WHEREAS, the Mayor and City Commission desires to authorize the City Manager to expend with
Stantec Inc. and amount not to exceed 8,600 dollars for the final Phase 5 of Sunset Drive Improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to execute a change order and to pay Stantec Inc. in an
amount not to exceed 8,600 dollars for the final phase of Sunset Drive Improvement.
Section 2: The expenditure shall be charged to the People's Transportation Tax Fund account
number 124-1730-541-6490 which has a balance of $220,000 before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions
of this resolution.
Section 3. This resolution shall take effect immediately upon the vote approving the adoption of this
resolution.
PASSED AND ADOPTED this ___ day of ______ , 2013.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Stantec
April 1 ,2013
File:01929
Stantec Consulting Services Inc.
901 Ponce de Leon Boulevard Suite 900
Coral Gables FL 33134
Tel: (305) 445-2900
Fax: (305) 445-3366
WORK ORDER FOR PROFESSIONAL SERVICES
TO: City of South Miami
4795 SW 75 Avenue
Miami, FL 33155
ATTENTION: Grizel Martinez
Engineering & Construction Division
PROJECT NAME: Sunset Drive
SCOPE OF SERVICES:
We will provide updated engineering plans for Sunset Drive from SW 65 th Avenue to SW 69th
Avenue. Plans were previously completed in 2007. Scope of work includes new sidewalk on the
north side (only from west of 6th Ave to 69 th Ave), painting existing median curbs, pavement
overlay, signage/striping, landscaping and irrigation. No electrical or monument sign is included.
Permit assistance, bidding, and construction administration are not included but a proposal can be
provided as needed.
TERMS AND CONDITIONS:
All terms and conditions shall be per the attached Professional Services Terms and Conditions.
Our fees for the above services shall be a lump sum of $8,600. We are ready to begin working on
this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed
copy of this form as your written.
Thank you. g;'::c;tces Inc.
Sean Compel, P.E., LEED AP
Associate
City of South Miami
Approved by:
C:IUserslscompellDesktoplSunset Drive 65th to 69th.docx
Date
PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2
Stantec
The following Terms and Conditions are attached to and form part of the Proposal for Professional Services to be performed by
STANTEC and together, when the CLIENT authorizes STANTEC to proceed with the services, constitute the AGREEMENT.
DESCRIPTION OF WORK: STANTEC shall render the services described in the Proposal (hereinafter called the "SERVICES") to the
CLIENT.
TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to modify or vary these Terms and
Conditions shall be binding unless hereafter made in writing and signed by the CLIENT and STANTEC. In the event of any conflict
between the Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This AGREEMENT
supercedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection with or
incidental to the PROJECT
COMPENSATION: Payment is due to STANTEC upon receipt of invoice. Failure to make any payment when due is a material breach
of this AGREEMENT and will entitle STANTEC, at its option, to suspend or terminate this AGREEMENT and the provision of the
SERVICES. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum) or the
maximum legal rate of interest. Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes
that may be applied by Government on fees for services. Such taxes will be added to all invoices as required.
NOTICES: Each party shall designate a representative who is authorized to act on behalf of that party. All notices, consents, and
approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party.
TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days notice in writing. If either party
breaches the AGREEMENT and fails to remedy such breach within seven (7) days of notice to do so by the non-defaulting party, the
non-defaulting party may immediately terminate the Agreement. Non-payment by the CLIENT of STANTEC's invoices within 30 days of
STANTEC rendering same is agreed to constitute a material breach and, upon written notice as prescribed above, the duties,
obligations and responsibilities of STANTEC are terminated. On termination by either party, the CLIENT shall forthwith pay STANTEC
all fees and charges for the SERVICES provided to the effective date of termination.
ENVIRONMENTAL: Except as specifically described in this AGREEMENT, STANTEC's field investigation, laboratory testing and
engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater.
Where the SERVICES include storm water pollution prevention (SWPP), sedimentation or erosion control plans, specifications,
procedures or related construction observation or administrative field functions, CLIENT acknowledges that such SERVICES proposed
or performed by STANTEC are not guaranteed to provide complete SWPP, sedimentation or erosion control, capture all run off or
siltation, that any physical works are to be constructed and maintained by the CLIENT's contractor or others and that STANTEC has no
control over the ultimate effectiveness of any such works or procedures. Except to the extent that there were errors or omissions in the
SERVICES provided by STANTEC, CLIENT agrees to indemnify and hold STANTEC harmless from and against all claims, costs,
liabilities or damages whatsoever arising from any storm water pollution, erosion, sedimentation, or discharge of silt or other deleterious
substances into any waterway, wetland or woodland and any resulting charges, fines, legal action, cleanup or related costs.
PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, STANTEC will provide and exercise the standard of care, skill and
diligence required by customarily accepted professional practices normally provided in the performance of the SERVICES at the time
and the location in which the SERVICES were performed.
LIMITATION OF LIABILITY: The CLIENT releases STANTEC from any liability and agrees to defend, indemnify and hold STANTEC
harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential damages, including but not
limited to attorney's fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the performance of the
SERVICES, excepting liability arising from the sole negligence of STANTEC. It is further agreed that the total amount of all claims the
CLIENT may have against STANTEC under this AGREEMENT, including but not limited to claims for negligence, negligent
misrepresentation and/or breach of contract, shall be strictly limited to the lesser of professional fees paid to STANTEC for the
SERVICES or $500,000. No claim may be brought against STANTEC more than two (2) years after the cause of action arose. As the
CLIENT's sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or asserted only against
STANTEC and not against any of STANTEC's employees, officers or directors.
STANTEC's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out
of the SERVICES and STANTEC shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the
CLIENT, including but not limited to claims for loss of use, loss of profits and/or loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances
that can present health hazards and result in bodily injury, property damage and/or necessary remedial measures. If, during
performance of the SERVICES, STANTEC knowingly encounters any such substances, STANTEC shall notify the CLIENT and, without
liability for consequential or any other damages, suspend performance of services until the CLIENT retains a qualified specialist to
abate and/or remove the mold substances. The CLIENT agrees to release and waive all claims, including consequential damages,
against STANTEC, its subconsultants and their officers, directors and employees arising from or in any way connected with the
existence of mold on or about the project site whether during or after completion of the SERVICES. The CLIENT further agrees to
indemnify and hold STANTEC harmless from and against all claims, costs, liabilities and damages, including reasonable attorneys' fees
and costs, arising in any way from the existence of mold on the project site whether during or after completion of the SERVICES, except
Revised 2012-06-08
Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form Agreements
PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2 of2
Stantec
for those claims, liabilities, costs or damages caused by the sole gross negligence and/or knowing or willful misconduct of STANTEC.
STANTEC and the CLIENT waive all rights against each other for mold damages to the extent that such damages sustained by either
party are covered by insurance.
DOCUMENTS: All of the documents prepared by or on behalf STANTEC in connection with the PROJECT are instruments of service
for the execution of the PROJECT. STANTEC retains the property and copyright in these documents, whether the PROJECT is
executed or not. These documents may not be used for any other purpose without the prior written consent of STANTEC. In the event
STANTEC's documents are subsequently reused or modified in any material respect without the prior consent of STANTEC, the
CLIENT agrees to defend, hold harmless and indemnify STANTEC from any claims advanced on account of said reuse or modification.
Any document produced by STANTEC in relation to the Services is intended for the sole use of Client. The documents may not be
relied upon by any other party without the express written consent of STANTEC, which may be withheld at STANTEC's discretion. Any
such consent will provide no greater rights to the third party than those held by the Client under the contract, and will only be authorized
pursuant to the conditions of STANTEC's standard form reliance letter.
STANTEC cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format ("Electronic Files").
CLIENT shall release, indemnify and hold STANTEC, its officers, employees, consultants and agents harmless from any claims or
damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of STANTEC, are
not to be used for any purpose other than that for which they were transmitted, and are not to be retransmitted to a third party without
STANTEC's written consent.
FIELD SERVICES: STANTEC shall not be responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with work on the PROJECT, and shall not be responsible for any contractor's failure to
carry out the work in accordance with the contract documents. STANTEC shall not be responsible for the acts or omissions of any
contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the
PROJECT.
GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and enforced in accordance with
the laws of the jurisdiction in which the majority of the SERVICES are performed. STANTEC shall observe and comply with all
applicable laws, continue to provide equal employment opportunity to all qualified persons, and to recruit, hire, train, promote and
compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin or any other basis prohibited
by applicable laws.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or STANTEC, the CLIENT and STANTEC shall attempt to
resolve any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non-binding
negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the
parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, if mutually agreed, the dispute shall
be referred to arbitration pursuant to laws of the jurisdiction in which the majority of the SERVICES are performed or elsewhere by
mutual agreement.
ASSIGNMENT: The CLIENT and STANTEC shall not, without the prior written consent of the other party, assign the benefit or in any
way transfer the obligations under these Terms and Conditions or any part hereof.
SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions of the AGREEMENT shall be binding on the CLIENT and STANTEC.
Revised 2012-06-08
Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form Agreements
Stantec
April 25, 2013
File:01929
TO:
Attention:
Reference:
Ms. Martinez,
Stantec Consulting Services Inc.
901 Ponce de Leon Boulevard Suite 900
Coral Gables FL 33134
Tel: (305) 445-2900
Fax: (305) 445-3366
City of South Miami
4795 SW 75 Avenue
Miami, FL 33155
Grizel Martinez
Engineering & Construction Division
Sunset Drive
Please note that the employees of C3TS have joined Stantec, a professional consulting services
firm with more than 12,000 employees and 190 locations in North America and 4 locations
internationally. We've combined C3TS' outstanding reputation as a leader in transportation, traffic,
and infrastructure engineering with Stantec's global expertise and over five decades of experience,
to deliver a promising future for our clients and firm.
The same staff that served you before the merger will continue to provide the personalized service
you always value.
Should you have any questions, feel free to contact me at (305) 445-2900 or via email at
sean.compel@stantec.com.
Thank you. Gi=2;tces Inc
Sean Compel, P.E., LEED AP
Associate
C:IUserslscompellDesktoplProposalslSunset Dove ProposallStantec Project Team.docx
RESOLUTION NO.: 11-07-12396
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER
TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL
DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET
DRIVE IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT
ACCOUNT NUMBER 106-1726-536-3450 AND THE CITY'S ACCOUNT NUMBERS
001-2100-519-3171 AND 124-1730-541-3450; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements
along Sunset Drive from SW 62 nd Avenue to US-1, while landscaping, entrance feature and improved
sidewalk will be designed for the area from SW 62 nd Avenue to the western City limit; and
WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for
profession engineering services for the final engineering design plans and preparation of construction
documents for the Sunset Drive Improvements project; and
WHEREAS. the professional service will be funded through FDEP grant account number 106-
1726-536-3450 will fund $138,000 and the City's account numbers 001~2100-519-3171 and 124-1730-
541~3450 will fund $75,000 and $63,000, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a professional service
work order with C3TS in an amount of $276,000.00 for the Sunset Drive Improvement's final design and
preparation of construction documents.
Section 2: The professional service will be funded through FDEP grant account number 106-
1726-536-3450 at $138,000 and the City's account numbers 001-2100-519-3171 and 124-1730-541-
3450 will fund $75,000 and $63,000, respectively.
Section 3: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this tfr 7/ day of yht"7"' 2007.
2ffi~VED: J-Q
6:.CL ') . ..,(
COMMISSION VOTE: 5 -0
-==;:::===-_-=:e:=:::::::~==:-/~ __ ~Mayor Feliu: Yea
IC yorWiscombe: Yea
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea