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1lH E on O F PI.E AS ANT UVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: FROM: DATE: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager September 15, 2015 Agenda Item No.:i SUBJECT: A Resolution amending Resolution 184-14-14278, Section 2, authorizing the City Manager to expend the Florida Department of Environmental Protection grant funds for the design of the Twin Lakes Drainage Project. BACKGROUND: On September 16, 2014, Resolution 184-14-14278 authorized the City Manager to negotiate and enter into a contract with Civil Works, Inc. for a total expenditure not to exceed $80,000 for Twin Lakes Drainage Design. AMOUNT: ACCOUNT: On October 7, 2014, the City of South Miami executed a grant agreement in the amount of $100,000 with the Florida Department of Environmental Protection (FDEP) for the Twin Lakes Drainage Project (Resolution 196-14-14290). Since FDEP grant funds were received after the commencement of the Twin Lakes Drainage project, the original resolution 184-14-14278 did not include this grant as a funding source. The proposed resolution will allow the City to use $15,000 of the Stormwater Drain Tru st Fund for other projects. The proposed resolution would amend Section 2 of Resolution 184-14-14278 to include the FDEP grant as a funding source for the design of this project, not to exceed $15,000. Specifically, Section 2 should be revised as follows: The expenditure shall be charged to the Stormwater Drain Trust Fund account number 111-1730-541-6490 which has a balance of $133,425 .64 and charged to the Florida Department of Environmental Protection account number 106-3901- 541-3100 which has a balance of $15,000. Amount not to exceed $15,000 (FDEP); $65,000 (SWDTF) The expenditure shall be charged to the Stormwater Trust Fund account number 111-1730-541-6490 which has a balance of $133,425 .64, and charged to the Florida Department of Environmental Protection account number 106-3901-541- 3100 which has a balance of $15,000, as of September 15, 2015. ATTACHMENTS: Resolution No . 196-14-14290 (FDEP Grant Contract) Resolution No. 184-14-14278 (Civil Works, Inc. Contract) 1 RESOLUTION NO.: _____ _ 2 3 A Resolution amending Resolution 184-14-14278, Section 2, authorizing the City Manager to 4 expend the Florida Department of Environmental Protection grant funds for the design of the 5 Twin Lakes Drainage Project. 6 7 8 WHEREAS, Resolution 184-14-14278, adopted on September 16, 2014, authorized the City 9 Manager to negotiate and enter into a contract with Civil Works, Inc. for a total expenditure not to 10 exceed $77,705, and to expend $2,295 over the proposal amount for unknown factors for Twin Lakes 11 Drainage Design; and 12 13 WHEREAS, Resolution 184-14-14278 approved the expenditure to be charged to the 14 Stormwater Trust Fund; and 15 16 WHEREAS, Resolution 196-14-14290 authorized the City Manager to execute FY 2015 grant 17 agreement with Florida Department of Environmental Protection for the Twin Lakes Drainage Project 18 in the amount of $100,000; and 19 20 WHEREAS, the total expenditure for design is not to exceed $80,000; and 21 22 WHEREAS, the Mayor and City Commission desire to amend Section 2 of Resolution 184-14- 23 14278 to expend Florida Department of Environmental Protection grant funds for the design of the 24 Twin Lakes Drainage Project; and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 27 SOUTH MIAMI, FLORIDA THAT: 28 29 Section 1: Section 2 of Resolution 184-14-14278, originally adopted on September 16, 2014, is 30 amended to read as follows: 31 32 Section 1: The City Manager is authorized to negotiate and execute a contract 33 with Civil Works, Inc. for the Twin Lakes Drainage DeSign for an amount not to exceed 34 $77,705. A copy of contract is attached. The City Manager is authorized to expend an 35 additional $2,295 over the proposal amount for unknown factors. 36 Section 2: The expenditure shall be charged to the Stormwater Trust Fund 37 account number 111-1730-541-6490 which has a balance of $2S!;,99S.!;S befere ttl is 38 reEjlJest was FRase 133,425.64, and also charged to the Florida Department of 39 Environmental Protection account number 106-3901-541-3100 which has a balance of 40 $15,000, as of September 15, 2015. 41 42 Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held 43 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity 44 ofthe remaining portions of this resolution. 45 Section 3. This resolution shall take effect immediately upon adoption. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 PASSED AND ADOPTED this day of _____ -', 2015. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond RESOLUTION NO.: 184-14-14278 A R .. olution authorizing the City Manager to negotiate and enter Into a contract with Civil Works, Inc. for a total expenditure not to exceed 577,705, and to expend $2,295 over the proposal amount for unknown factors ror Twin Lak .. Drainage D .. ign. WHEREAS, the Mayor and City Commission wish to provide drainage improvements to the area known as Twin Lakes, and WHEREAS, pursuont to Florida Statute 287.055 for CCNA, Civil Works, Inc. was one of the finns selected to provide professional engineering services; and WHEREAS, the City negotiated hourly rates with the finn and entered into a professional service agreement with The Civil Works, Inc. to perform engineering services for the City; and WHEREAS, after negotiating with Civil Works, Inc. on a cost to perform the design services for drainage improvements, they submitted a proposal of$77,705, and WHEREAS, the City desires to provide a contingency of $2,295 over the proposal amount for unknown factors that may arise during the work; and WHEREAS, the total expenditure is not to exceed S80,OOO; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Civil Works, Inc. for the Twin Lakes Drainage Design for a total amount not to exceed S80,OOO. 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 negotiate and execute a contract with Civil Works, Inc. for the Twin Lakes Drainage Design for an amount not to exceed $77 ,705. A copy of contract is attached. The City Manager is authorized to expend an additional $2,295 over the proposal amount for unknown factors. Section 2: The expenditure shall be charged to the Stormwater Trust Fund account number 111·1730·541·6490 which has a balance of$286,998.65 before this request was made. Section 3: If any sectloR clause, sentence. or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, Ihe holding shall nol alTecl the validity of the remaining portions of this resolution. Section 4. This resolution shall take elTect immediately upon adoption. PASSED AND ADOPTED this.lEi. th day of September ,2014. APPROVE~~ AA A (ltljll-fMroW/-' MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard Yea Vice Mayor Harris Yea Commissioner Welsh Yea Commissioner Liebman Yea Commissioner Edmond Yea ntE OW OF Pl~ASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: BACKGROUND: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item No.:3 September 16, 2014 A Resolution authorizing the City Manager to enter into a contract with Civil Works, Inc. for a total expenditure not to exceed $77,705, and to expend $2,295 over the proposal amount for unknown factors for Twin Lakes Drainage Design. A traffic study was performed to assess the magnitude of cut-through traffic in the neighborhood bounded by the areas described below, and as depicted in Exhibit A: • SW 62nd Terrace and SW 63rd Terrace, from SW 64th Court to SW 63rd Court • SW 64th Court and SW 63rd Court, from SW 62nd Terrace to SW 64th Street • SW 63rd Avenue and SW 62nd Place, from SW 62nd Terrace to SW 64th Street • SW 62nd Court, from SW 62nd Terrace to SW 63rd Terrace In accordance with and pursuant to Florida Statute 287.055 for CCNA, Civil Works, Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with Civil Works, Inc. to perform engineering services for the City. Below Is a table of the Civil Firms under the CCNA list. SRS Engineering Civil Works Milian Swain & Associates J Behar & Darn Avenue Design Police Fueling Station Improvements Twin Lakes Traffic Calming Pending Pending Civil Works, Inc. submitted a proposal In the amount of $77,705 to perform the Twin Lakes Drainage Design. A contingency in the amount of $2,295 will be included over the proposal amount to address for unknown factors that may arise during the work. The total amount of the contract, including the contingency, will be $80,000. THf OTY Of PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM AMOUNT: Amount not to exceed $80,000. ACCOUNT: The expenditure shall be charged to the Stormwater Drainage Trust Fund account number 111-173()'S41-6490 which has a balance of $286,998.65, before this request was made. ATTACHMENTS: Resolution Proposal by Civil Works, Inc Agreement for Professional Services Exhibit A, Twin lakes Drainage area map CCNA Resolution Professional Service Agreement CW I Civil Works, Inc. Miami -Ft. Lauderdale -Orlando __________ ~A~W~B~Em~B=E~n~rm~ __ ~3~O~54~4~8-F.5~95~5~9~54=.~3«~~~5~6~8~40~7~-3=3~9.~O=M~O www.clvllworks.comcwi@clvilworks.com August 25, 2014, Revised Sept 2,2014 City of South Miami, Public Works and Engineering Dept. 4795 SW 75 Avenue Miami, Florida 33155 Attn: Mr. Ricardo Ayala Engineering and Construction Division Re: Twin Lakes Drainage Improvements Project CWI Professional Service Agreement, Task No 1. CWI Project No. 14100.00 Dear Mr. Ayala: Email to: GMartinez@southmiamLgov Civil Works, Inc. (CWI) appreciates this opportunity to provide the City of South Miami (the Client) with this revised proposal for Engineering Services to prepare Drainage Improvement Plans for the area of Twin Lakes in the City of South Miami, Florida. This letter describing the services and fees in conjunction with our Professional Services Agreement (PSA) will serve as the scope of work for this project. Introduction We understand that this area has historically experienced flooding and is in need of drainage. According the City of South Miami Stonnwater Master Plan, produced in 2012, the Twin Lakes area is identified as a priority area. The City has received complaints from residents in regards to flooding along these streets. The purpose of this project is to identifY the cause of the drainage issues and determine solutions to address them. Area bounded by the streets below, as depicted in Exhibit A: + SW 62"dTerrace and SW 63n1Terrace, from SW 64 .. Court to SW 63,dCOurt + SW 64~Court and SW 63n1Court, from SW 62rnlTerrace to SW 64th Street + SW 63", Avenue and SW 62,dPIace, from SW 62,dTerrace to SW 64th Street + SW 62,d Court, from SW 62"" Terrace to SW 63,dTerrace. The photographs of the flooding is documented in Exhibit B. The requested scope of work is attached as Exhibit C. Task 1 -Data Collection and Review Under this Task, CWI will review the existing site conditions and obtain topographic survey provided by our Subconsultant Manuel Vera & Associates, Inc. (MV A) for the corridor. The survey will be prepared in AutoCAD format and used as a base plan for the roadway improvements. CWI will prepare existing roadway plans showing the existing conditions. Geotechnical Soil Borings (4) will be required to obtain the soil information in the area. This soil information will be included in the roadway base plan. Upon acceptance of the topographic survey and the soil borings by the City, the survey and geotechnical fees will be invoiced as part of the Phase I task. This task includes 4 meetings with the City for the research and discussion of the drainage information, drainage concepts and schemes. Civil Works, Inc. 8491 NW 17 Street, Suite 108, Doral, FL 33126 Ph: 306·691·4323 Fax: 305·591·4074 Twin Lakes Drainage Improvements Project Sept. 2, 2014, Page 2 Task 2 -50% Construction Documents Under this Task CWI will prepare 50% Construction Documents. The existing utility companies will be contacted and the available utility information will be included in the drainage improvement plans. Based on our information, no traffic signals will be impacted by this project. It is the intent for the existing drainage structures to remain where possible, and only add exfiltration trenches where needed. CWI will prepare the following plans: • Cover Sheet • Summary of Quantities • Plan Key sheet with Drainage Locations • Drainage Plans (8 sheets) The plans will be prepared on 11 "xl7" sheets at a scale of 1 n= 40' in AutoCAD fOIma!. Drainage profiles will not be required. • Drainage Details (2 sheets) • Signing and Pavement Marking Detail Sheet showing the Typical Stop Bar and pavement marking detail for the intersections. (2 sheets with locations identified) • The City bid documents (the front end contract and general conditions will be provided by the City in Word or other electronic format). • CWI will prepare the specifications using City and Miami Dade County Standards. • The Drainage report including calculations This Task also includes: -I site visit to veritY survey. -2 meetings with Public Works during the design and for the 50% review of documents. -I field visit to discuss existing conditions during the design. -Preliminary Cost Estimate. Task 3 -100% Construction Documents As stated in the PSA, the 50% plans will be submitted for review and approval, before proceeding to the 100% plans preparation. The documents listed above will be fmalized and submitted for review and approval. This task will also include the permit processing through Miami Dade County (RERJDERM) for the drainage portion of the work. This Task also includes: -2 meetings with Public Works during the design and for 100% review of documents. -2 field visit during the final design. -Updated Probable Construction Cost Estimate. Task 4 -Phase IV -Bidding and Negotiations This Task will include one Pre-bid meeting and the responses to the bidders RFl's and questions. Task 5 -Phase V -General Construction Administration This Task will include Construction Administration as described in Exhibit C. The attendance at any coordination meetings would be included as additional services. If the construction work requires a longer time period than anticipated, then this task will be extended under an additional work order. Civil Works, Inc. 8491 NW 17 Street, Suit. 108, Doral, FL 33126 Ph: 305-591-4323 Fax: 305·591-4074 Twin Lakes Drainage Improvements Project Sept. 2, 2014, Page 3 Task 6 -Phase VI -Post Construction Administration This Task will include the review of the as-built documents, based on information submitted by the Contractor. CWI will prepare the Close-out Documents as described in Exhibit C. Note that the as-built Record Drawings will be prepared by the Contractor and approved by CWI. DELIVERABLES CWI will provide the following sets of document: • Two copies of the topographic survey • 2 sets of 50% construction documents, Drainage Report, Probable cost estimate and outline specifications. • After approval of the 50% documents, 2 sets of 100% plans, specs, bid documents and probable cost estimate. • Electronic copies of the final documents COMPENSATION Based on the task scopes listed above, the fees for the Tasks will be for the stipulated sums indicated below. IMK STIPULATED SUM Task 1 -Data Collection and Review $5,200 Task 2 -50% Construction Documents $21,900 Task 3 -100% Construction Documents $11,680 Task 4 -Phase IV -Bidding and Negotiations $1,810 Total Design Fees $40,590 Survey (by Hadonne a Subconsultant) $16,500 Geotechnical Soil Borings ( by Geosol, a Subconoultant) $3,175 Limiting Amount Services (to be invoices hourly) Task 5 -Phase V -General Construction Administration $13,090 Task 6 -Phase VI -Post Construction Administration $4,350 Civil Works, Inc. 8491 NW 17 Street, 8uitolO8. Doral. FL 33126 Ph: 305-591-4323 Fax: 305-591-4074 Twin Lakes Drainage Improvements Project Sept. 2, 2014, Page 4 The lump sum services include up to $200.00 in direct expenses. If direct expenses exceed $200.00, we will furnish you with a cost break down, and you will reimburse us for the additional expenses. Invoices will be submitted monthly showing the amount of hours and percent completion of the lump sum items. All fees and reimbursable expenses for these services must be paid in full before any final products are released. CLIENT'S RESPONSIBILITIES You will furnish eWI with an executed agreement for this project and copies of the following; + Any existing surveys of the roadway project (in electronic fonnat.) + Copies of the AutoCAD files for the existing roadway and signing and marking design. + All review and pennit fees. + As-builts of existing roadway. SCHEDULE We understand that this project needs to be expedited. CWI is ready to begin the project as soon as the additional infonnation is supplied to us. We will comply with any reasonable design scheduie that you require. If this scope of services is acceptable, please sign and date a copy of this letter and return one complete copy to our office. We are prepared to begin our services as soon as a signed agreement and Notice to Proceed is received from your office. Please call me at (305) 591-4323 if you have any questions. Sincerely, Civil Works, Inc. Linda Bell, P.E. President Accepted by Signature Printed Name Date Attachments; City of South Miami PSA Exhibit A ExhibitB Exhibit C -c36/projectlSoMla-twln-lakcsprp3.wpd Civil Works, Inc. 8491 NW 17 Street. Suite 108. Doral. FL 33126 Ph: 305-591-4323 Fax: 305·591·4074 Twin Lal'es Drainage Improvements Project Sept. 2, 2014, Page 4 11le lump sum services include up to $200.00 In direct expenses. If direct expenses exceed $200.00, we will furnish you with a cost break down, and you win reimburse us for the additional expenses. Invoices will be submitted monthly showing the amount of hours and percent completion of the lump sum items. All fees and reimbursable expenses for these services must be paid in full before any final products are released. CLIENT'S RESPONSIDILITIES You will furnish CWI with an executed agreement for this project and copies of the following: • Any existing surveys of the roadway project (in electronic format.) • Copies of the AutoCAD files for the existing roadway and signing and marking design. • All review and pennit fees. • As-builts of existing roadway. SCHEDULE We understand that this project needs to be expedited. eWI is ready to begin the project as soon as the additional infotmation is supplied to us. We will comply with any reasonable design schedule ·that you require. If this scope of services is acceptable, please sign and date a copy of this letter and return one complete copy to our office. We are prepared to begin our services as soon as a signed agreement and Notice to Proceed is received from your office. Please cal! me at (305) 591-4323 if you have any questions. Sincerely, Civil Works, Inc_ Linda Bell, P .E. President Accepted by Signature Printed Nome Date Attachments: City of South Miami PSA Exhibit A Exhibit B Exhibit C c3 6/projectlsoM in-cwin·lakc,prp3. wpll Civil Works, Inc. B491 NW 17 Street. Suit. lOB. Doral. FL 33126 Ph: 305-591-4323 Fax: 305·591-4074 TWIN LAKES DRAINGE IMPROVEMENTS EXHIBIT B TWIN LAKE DRAINAGE IMPROVEMENTS EXHIBIT C Twin lakes Drainage Improvement Scope of Work This area has historically experienced flooding and Is In need of drainage. Accordlnglhe City of South Miami Slormwater Master Plan, produced In 2012, the Twin lakes area Is Identified as a priority area. The City has received complaints from 'reSidents In regards to flooding along these streets. Please refer to the Exhibit B. The purpose of this project Is to Identify the cause of the drainage Issues and determine solutions to address them. Area bounded by the streels below, as depicted In ExhlbltA: • SW 62" Terrace and SW 63" Terrace, from SW 64'" Court to SW 63" Court • SW 64'" Court and SW 63" Court, from SW 62" Terrace to SW 64" Street • sw 63,d Avenue and SW 62nd Place, from SW 6200 Terrace to SW 641h Street • SW 62 nd Court, from SW 62nd Terrace to SW 63'" Terrace. Pre Design Services • Surveying services '. Geolechnlcal Services (percolation lest) DeSign Phase: • Prepare delalled conslructlon drawings at Bn acceptable scale (Including, but nolllmited to, drainage system layout, storm water pollution prevention plan, and applicable construction details'. • Prepare technical speclflcatlons required for the project. • Prepare Bnd submit all permit applications required for this project. It Is anticipated thaI approval will be required from Mlam~Dad. RER and'M-D PWD). A review by the City of South Miami Public Works Department will also be required. • Provide construction cost estimate. Bid Phase: • Attend pre-bid meeting • Respond to bidders RFls and questions. Construction Phase: • Attend preconstructlon meeting • Prepare preconstructlon meeting minutes. • Attend construction meetings as required. • Conduct Inspections and provide written Inspection reports with attached photos. • Review/approve shop drawings and RFls. • Perform project closeout In accordance with ProfessIonal Services Agreement for General Engineering Servlc.es. • Issue punch-list (With attached photos) and final completion. • Obtain and review As-built drawings. Submit certified Record drawings by Ihe Engineer of record to the City. The proposed design will be done In accordance with the established guidelines and procedures utilized by the City of South Miami Public Works Department, the Miami Dade County Public Works Department (Traffic Division) and the Mlomi·Dade RER. ® iHADONNE Tuasday,August26,2014 Submltled to; Ricardo A. Ayala, P.E, City of South Miami 4795 SW 75 Avenue Miami, FL33155 In reference to; PROPOSAL/AGREEMENT Surveying Services for the project known as "Twin lekes"loooted In, City 01 South Miami. FL, see attached Exhibit 'A", Dear Mr, Ayala: land SuNeym and Mappels 3D Laser Scanning Utlllly Coerdnetioo SubsUr1Bctt UlUlly Engineering Pursuanllo your request regarding a fea eslimale for survaylng and mapping servicaa for the above referenced project. HADONNE (He) Is pleased 10 submilihe folloWing proposal for your consld.rallon: Scope of Services; See aUach,d Scope OJ Servlc. Dellyerables: Five signed and ... Ied coplas 01 the resufllng Mop of Boundary and Topographic Survey along With the resulUng Cadd Hies (DWG formal) and PDF, Time of Completion; Wa have e.timaled lhl~y cal.ndar day. to complelethls project proJect area. length. Size and location; S .. aU.ched Exhibit "A" Schedule of Fees: Total fees to complel, ,II phases of thb proJe<:lsh.1I be lump sum of $.1MQM9. Year 2014 hourly Rates (loaded hourlv rates)j Surveying ServIces Rates Two Person Survey Party Three Person Survey Party Office Computer Drafter OffICe Survey Technician Professional Surveyor in charge (Project Surveyor) Subsurface Utility Englne.Mng Rales EM locating Crew T'NO Man GPR and Locattng Crew Vacuum Truck Crew (Te.1 Hole.J Soft Digs) $110.00 per Hour $130.00 per Hour $55.00 per Hour $60.00 per Heur $100.00 per Hour $170,00 per Hour $200.00 per Hour 1320,00 per Te.t Hole HADONNE 11985NW 88lh COu~" Suite 202" Doral, Flo 331721 P: +1 (305) 266-1168· F: +1 (305) 207·66451 www.hadonne.comILB7097 " . .,-.. QuamlCaUOnsi PAGE20F2 TLSP.OOCX County and' Of Municipality Fea. ara nollnclud.d In Ihl. Proposal and are Ihe ClIon!'. rospons~mll. Rule 0' Law: AU fiald and office efforts In connactlon vAlh Ihls projoot wi! be porformed In .lrlclsccortiance YAth Ihe oppllceble provisions 0' tha "Minimum Teohnicol Siondard. for Land Surveying In Ihe Sinle 01 Florida". pur_usnllo Rule 5J1H5 Florlda AdmlnlstmU"" Cod •. Raquasla for servt", nOI spoclfically anumarated In thl, Proposal will bo addre.sed via sopamle .. sponse If.o required and an eddlUona! ohargo wJ1i apply per HC', hourly retas for celendory •• r 2014, which ara salforlh In Ihe 'Estimala Fea" section of thl. Proposal. AU survey \'I0Il< 10 be dona In U.S. feel, elevaUon. 10 be refarence to N.lk>nal Geodetic Verllcal Oelum of 1929 (NGYO 1929) should a different Oalum bo requlred,th. consullanl musl be notillad fn writing. Our ab~rty to perform I_ and will bo completoly Inilua""ed by Ihe Cllanf. ,bllity 10 make the .Ito avaflab" and 10 ellmlnele any end all condillons thai may Interfera YAth HC'a ablrty to fumfsh .. rvke., and weather condllions. HC will require .24 hour. prior wrllten n.Uea before flald IWrk can be pertO!l1led. Thl. noUce should be sent vi.f.c~mffa or eman to He. This Proposal does not Include ony pormll fea nor pfa", processing lees .... s .. d by the applicable go""rnmenl agency. This Proposal does nolfnclud. construction Inspectfons or ca~illc.tJon. for construction compteUon. HorlZDnlaf con!rol pokll. shaH be .. farenced to the Florlda Stala Plana Coordinale System, North American Dalum 011983 adjuslad 19l10 (NAP83/So]. AD work 10 ba pertonned In U.s. fo.f. Cllenl .hall be awe", that GPR Technology Is noll00% accurele. Dapendlng on fscloro soch os and noillmllad to, soli typa, .on moI,lu .. , ~7.a 01 undorground .tillty, typa of underground utility, dapth of underground .UIIUe,: soma utillU .. may nol be datecled by GPR. GPR will detect tha presence of tho uUllty bUI not 1110 typa. Tha cllenl vAil do its best to Idenllly the typo 01 utlDty but H may occur thet ,ome delectod umlty .. main unldanUlled. Area 10 balocalad vAIh GPR should be olean YA!hout mayor vegateUon. daM. or OIly .tructure thai may prevenltha usa of 1110 equlpmenl. Cleaning, removing of debrls or ""galallon b nollncludad In thfe proposal. PaYment. Terms: Paymenll, dua for HC's complellon of aach task UPON RECEIPT of HC"fnvolce •• It I. undamlood \hal this Proposal Is entered Inlo between HC end the Cllanl. HC', failure to strlctty enforce OIly provision fn this Proposal shall NOT ba construed .. a medlflcatlon or amendment 01 too Proposal's tarm" speclHcoBythese payment terms. unfa" otharM.e agreod 10 fn wrlilng by HC. HC's recelpl oflhls Proposaf, .Igned by Cllenl. conslllutos Cllenr. a",eptence of tI"so fann., and HC', Standard Terms and Conditions (collecUve~ the "Contracl"j, which Is atlBelled end fncoljlomtad by refa",nco as If ful~ sal forth here. The CUent's slgneture .half also constitute a no'''' for HC to pro..,ad vAth lis Scopa of Sarvl..,s. In tI,a evenl HC I, required to enloroe any lenns of the Contract Client agroo. 10 pay 10 HC ,II reasonat.la attorney.' fe .. and costs Incurrod. whelher Buill. fl~d or oot,lncludlng attorneys' faes on appeal. Ipast duo paymanl. under this Proposal ora ,ubjecl to a 1.5% Inl"esl per month. For spoolaf consIderation. the Clienl 89re •• th.1 HC's noblilly for Ihl. Projacl, f ... petti"" of tha ca •• e, shall ba IImllad 10 \he amount of the Pro"'"ional Fees Client actuaUy pays 10 Cliant. Both HC and tha COent may terminate this Proposal after ten (10) day. wotlan noli.." and upon Cllant's payment 10 HC of all oulstanding fa .. and axpanses incurred by HC Ihrough the d.le of such wollan notice. By signing below I APPROVE ANO ACCEPT thlslalter " a legal contract and .. ad and O9",a to the p.yment terona " set forth above. By: ~~~M~'~~"'-------------------------- D.le: ------------------------- TIlle' _______________ _ I thank you for \hIs oppo~unlty to presenllhls proposal for your consijeration and look forward to )'Our favorab" respense.fn Ihalntenm, ~ there is anylhlng we can do 10 be of sarvlce in this or any other matter, pleas, do nothosll.telo caU ma dlrectly.t 305.266.1188. HADONNE 11985 NW 88th Court" Suit. 202 • Ooral, FL. 331721 P: +1 (305) 268·1188 " F: .1 (305) 207·68451 wIVw.hadonne.com ILB7097 SCOPE OF SERVICE Twin Lakes Survey Scope August 21, 2014 All survey work will adhere to and In aocordanoe with the STATE OF FLORIDA MINIMUM TECHNICAL STANDARDS, Chapter 427.027 Florida Statutes and Rule 5J·17 Florida Administrative Code. Scope Items numbers listed refer to FDOT, District 6, Survey scope descriptions. ProJeot Limite: • Area bounded by the streets below, as depicted In Exhibit A attaohed here-to: • SW 62nd Terrace and SW 63rd Terrace, from SW 64th Couri to SW 63rd Couri • SW 64th Court and SW 63rd Court, from SW 62nd Terrace to SW 64th Street • SW 63rd Avenue and SW 62nd Place, from SW 62nd Terrace to SW 64th Street • SW 62nd Court, from SW 62nd Terraoe to SW 63rd Terrace. 27.01 & 27.02 Horizontal and Vertloal Control Primary oontrol points will be set and established. Horizontal Control will be established on the Florida State Plane Coordinate System, East Zone, and North American Datum (NAD) of 198311990 Adjustment. Vertical Control will be established on NAVD 88 vertical datum. Notes: -Control will be shown on Topo file only. -All set control points will be shown with their horizontal and vertlcal values (X, Y & Z). -The Preparation of PNC sheets Is NOTa part of this scope of services. 27.03 Survey Baseline A survey baseline will be established along the centerline of right of way when accessible. Survey baseline and light of way lines will be graphically established and shown on Topographic Cadd files. 27.06 Topographic Survey Topographlo Survey will be performed from right of way to right of way, along the streets defined above. All above ground features and Improvements will be lace ted Including: existing lighting, pavement markings, trees, pedestrian ramps, driveways, visible above ground utilities, sodded and paved areas, pedestrian ramps, drainage structures (Including rlmlgutter elevations), etc. 27.08 Cross Sections Cross sections at 50-ft. Intervals will be performed. 27.12 Drainage Survey Drainage structures will be located. The survey will Identify the type of structure, rim elevation, pipe invert elevation. pipe malerlals, dlreotlon, size and oondltlon. Note: In cases wero structuro Is full of watsr endlor sediment, surveyor will visit said structures a maximum of 2 Visits; If structures /s stili un:eccessible, said structure will be noted as such In survey. 27.20 Subdivision Locations for Survey Baseline & right of way Lines Perform field locations of section corners, 114-sectlon corners, and fractional corners as well as block closures, monument lines, etc., In order to establish survey baseline and the right of way lines. Deliverables • 3 CDs containing the following: a Electronic Cad files In AutoCAD Format. drawings to follow FOOT CAD format (line styles) o Signed and Sealed PDF lile a Point txt file using PNEZD format , 3 Signed and Sealed hard ooples (17 x 11). Civil Works, Inc. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into thlS~ay of SttJ-n be ....... , 20J}:L bV the CITY OF SOUTH MIAMI through its CltV Manager, both of whom shall hereinafter be referred to as the "CITY" where applicable; and Civil Works, Inc. with an office and principal place of business located at 7855 NW 12 Street, Doral, Fl33126 (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY Is In need of all project management and professional engineering services required for the design and preparation of a complete set of construction contract plans for a drainage improvements, at the following locations: • SW 62" Terrace and SW 63'" Terrace, from SW 64'h Court to SW 63'" Court • SW 64th Court and SW 63" Court, from SW 62" Terrace to SW 64th Street • SW 63'" Avenue and SW 62" Place, from SW 62"' Terrace to SW 64th Street • SW 62" Court, from SW 62"' Terrace to SW 63" Terrace. The elements of work shall Include roadway analysis, topographic survey, signing and pavement markings, and drainage and geotechnical activities as required. All existing features, i.e. sidewalks, driveways, etc., requiring repair or replacement, shall also be addressed accordingly; and WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR's representations that It Is qualified imd capable of providing said goods and/or services In a professional and timely manner and In accordance with the CITY's goals and requirements; and WHEREAS, the CONTRACTOR has agreed to provide the services Identified In Its August 25, 2014 proposal for the project entitled "Twin Lakes Drainage Design", pursuant to its Professional Service Agreement with the City of South Miami for Civil Engineering services for Roadway Projects, dated June 28, 2013. A copV of the Proposal and the Professional Service Agreement Is attached. NOW, THEREFORE, In consideration of the mutual covenants and agreements herein contained, the partIes agree as follows: 1) The recitals set forth above are true and correct representations of the parties and they are hereby made a part of this agreement by reference. 2) ENGAGEMENT OF CONTRACTOR: Based on the representations of the CONTRACTOR as set forth above and as set out In the following "checked" documents (ched<tl1e box preceding the document to lndkate that5uch document Is part of this contract): o CONTRACTOR's response to the City's written solicitation; or y... CONTRACTOR's proposal or quote Thomas F. Pepe 2014 711114 Page -1-of4 The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth In said proposal, quote or response to solicitation, whichever Is applicable, as modified by the Contract Documents (hereinafter referred to as the Work"). 3) Contract Documents: The Contract Documents shall Include this Contract and the following "checked documents/{~heek the bel{ precedll1B the doeument to Indicate fullt such document Is part ot thl$ tont()ct) o General Conditions to Contract o Supplementary Conditions )f'''Other documents" referring to ~hls contract and signed by the parties o Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, proposal or similar request) >' Scope of Services o Contractor's response to the City's Bid Documents ",Contractor's proposal or quote o CIty's Insurance Requirements o CIty's Indemnification Requirements o Payment Bond o Performance Bond 'As well as any attachments or exhibits that are made a part of any ofthe "checked documents". This Contract and, If a "checked document", the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "other documents", shall take precedent over the proposal. The "checked documents" are attached hereto and made a part hereof by reference. 4) Date of Commencement: The Contractor shall commence the performance under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order ("Work Commencement Date"), and shall complete the performance hereu~~er. wlthl" _1",'2.0= __ days or the length of time set forth In the Contract Documents, wh ichever is the shorter period oftime. Time Is of the essence. 5) Primary Contacts: Th e person In charge of administering this Agreement on behalf of the CITY Is the City Manager or such other person as the City Manager may designate In writing. The primary contact person for the CONTRACTOR shall be (.;~ ~\ 6) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 7) Compensation: The Contractor's compensation for the performance. of this contract (hereinafter referred to as the Contract Price) shall be as set forth In Contractor's response to Thoma, F. Pepe Z014 7/1114 Page -Z -of4 the City's written solicitation, If any, or; if none, then as set out In Contractor's proposal or quote, whichever is applicable, and as modified by the Contract Documents. 8) Hour. of Work: In the event that this contract requires the performance of services, It Is presumed that the expenses of performing Work after regular working hours, and on Sunday and legal holidays Is Included In the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed In writing by the City. 9) Time Provisions: ,The term of this Agreement shall commence on the Work Commencement Date and shall continue for rz.o 'l;>~'$ until It expires "i<'" ')< ?< 1"" y, unless earlier terminated according to any of the terms of this Agreement. Notwithstanding the foregoing. this Agreement may be extended by an additional ~ period If the extension Is In writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 10) Termination: This contract may be terminated without cause by the City with 30 days of advanced written notice. This provision supersedes and takes precedence over any , contrary provisions for terminatIon contaIned In the Contract Documents. l1)Applicable Law and V",nue: FlorIda law shall apply to t!le'interpretatlon and enforcement of this contract. Venue for all proceedings shall be In MIami-Dade County, Florida. 12) Insurance, Indemnlficatlon & Bonding: CONTRACTOR shall comply with the insurance, Indemnification and bonding requirements set forth In the Contract Documents. Any provision in any contract document that provides for IndemnificatIon by the City Is subject to the City's right to sovereign Immunity and the protectIon provided by Florida Statutes, Including Section 768.28. Furthermore, nothing contaIned In any contract documents shall waive or limIt such immunity or protection. 13) LIquidated Damages: In the event that the Contractor shall fall to complete the Work within the time limit set forth in the Contract Documents, or the exten'ded time limit agreed upon, In accordance with the procedure as more particularly set forth In the Contract Documents, liquidated damages shall be paid at the rate of $ lVIA-dollars per day until the Work Is completed. 14) Jury Trial Waiver: The parties waive their right to jury trial. 15) Entire Agreement, ModIfication, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing; signed by both parties hereto. The Contract Documents, In general, and this paragraph, In particular, shall not be modified or amended by any acts, or omissions of the parties. No failure to exercise and Thomas F. Pepe 2014 7/1114 Page -3 -of4 nodelay In exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, Including the provisions of this paragraph, may be Implied by any act or omission. 16) Public Records: CONTRACTOR and all of Its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the CONTRACTOR, under such conditions, shall Incorporate this p~ragraph In all of Its subcontracts for this Project. , IN WITNESS WHEREOF, the parties, have executed this Contract on or prior to the date first above written with full knowledge of Its content and significance and Intending to be legally bound by the terms hereof. Civil Works, Inc. Thoma. F. PepeZ014 7/1114 'm<1Trilluage, ~ Li WDIl, LSlAC-. 'e«:A3'S!l)8!VT (PrInt name and Uti!! above) tin?:: MIAM~ BY:_~~6,....c.~ _____ _ Steven Alexander City Manager Page-4-of4 RESOLUTION NO.: 151-13-13969 A Resolution authorizing tho City Manager to exocute a Professional Service Agreement provided under Florida Statute 287.055 Consultanfs Competitive Negotiation Act "CCNA", with EAC Consulting, Inc, Marlin Engineering, Inc., The Corradino Group, Inc., SRS EngineerlnQ, Inc" R.J. Behar and Company, Inc, T.Y.Lln International, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Works, Inc., C.H. Perez & Associates Consulting Engineers, Inc., for the following professional services: Architecture, Civil/Environmental Engineering, Structural, and Traffic & Transportation Engineering. WHEREAS. the Mayor and City Commission desire to enter Into service agreements for professional services for the following categories: Architecture. Landscape Architecture. Civil/EnVironmental Engineering. Structural. Traffic and Transportation Engineering; and WHEREAS. pursuant to Florida Statute 287.055 for CCNA. the City solicited qualification from Interested firms and the City's review committee conducted a thorough review of the qualifications of the firms that responded to the SOlicitation. and upon evaluation the firms were ranked; and WHEREAS. the City met with the firms and reviewed the proposed hourly billing rates and the following firms have agreed upon the hourly billing rates disclosed in the Professional Service Agreement request for qualifications; EAC Consulting, Inc. Marlin Engineering. Inc .• The Corradino Group. Inc .• SRS Engineering. Inc .. R.J. Behar and Company, Inc. T.Y.Lin Internatlonal, Stanley Consultants. Inc .• Sal-Arch, Inc., Civil Works. Inc .• C.H. Perez & Associates Consulting Engineers. Inc.: and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. 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 hereby.authorized to execute the form of the professional service agreement that Is attached. for the negotiated hourly rates in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competnlve Negotiation Act) with EAC Consulting. Inc. Marlin Engineering, Inc .. The Corradino Group. Inc .• SRS Engineering. Inc .. R.J. Behar and Company. Inc. T.Y.Lin International. Stanley Consultants. Inc .. Sol-Arch. Inc .• Civil Works. Inc .• C.H. Perez & Associates Consulting Engineers. Inc Section 2: 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 adoption. PASSED AND ADOPTED this 6 th day of August .2013. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea TO: FROM' DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75" Avenue Miami, FL 33155 Tel. (305) 663-6360 Fax (306) 668-720B Steven Alexander, City Manager Jorge L Vera, Capital Improvement Project Manager August 6,2013 /5 . Re.olutlon, A Resolution author1zlng the City Manager to execute a Prolesslonar Service Agreement provided under Florida StaM. 2B7.055 Consult.nrs Competitive Negotiation Act 'CCNA", with EAC Consulting, Inc, Marlin Engineering, Inc., The Corradino Group, Inc., SRS Engineering, Inc" R.J. Behar and Company, Inc, T.Y. Lin Intemational, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Wor1<s, Inc., C.H, Perez & Associates Consulting Englne.rs, Inc., for the following professional .e",ices: Architecture, CiviVEnvlronment.1 Engineering. StruchJra\ and Traffic & Transportation Engineering. Background: On June 4, 2013 •. , the City Commission approved a resolution (#120-13-13938) authorizing the Cily Manager to negotiate hourly billing retes and to execute a Professional Service Agreement with the flnms that were selected from our request for qualifications RFQ # PW-S2013-04 for Architecture, Landscapa Architecture. Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Of the 24 finms selected, City staff has met with and reviewed the proposed hourly blUing rates for the above referenced finms. After negotiating an accaptable hourly billing rate with the firms, (he firms entered into a Professional Service Agreement in order to provide professional engineerlng .ervlces to the City at the agreed hourly billing rate for Mure projects. In an effort to provide transparency and accountability, the hou~y billing rate per job classification is basO!f on FDOTs Consultant Wage Averaga Report lor the period of May 2012 to May 2013 Is attached. The report Is based on an FOOT yearly data collection and analysis of the prevailing hourly wage rate by Job classification within different geographical areas in the State. Our geographical area is within District 6 which encompasses Mlaml~Dade and Monroe Counties. The rates In the report are negotiated unloaded rates which provide personnel hourly billing rate per classification excluding company overhead and benefit. To the hourly negotiated unloaded rate, each firm adds a multiplier for the company's overhead and benefits. The multiplier In District 6 ranges from 2.5 to 3.1, depending on the size of the firm. Please find below the firms that have submitted a signed Professional Service Agreement, which includes their negotiated hourly billing rate plus the mullipller. Upon further future negotlatlons, additional firms will be presented to the City CommissIon for their approval. EAC Consulting, Inc. Martin Engineering, Inc. The Corradino Group, Inc. • SRS Engineering, Inc. • R.J. Behar and Company. Inc. T.Y.Un International Stanley Consultants, Inc. Sol-Arch, Inc. CIVil Works, Inc. C.H. Perez & Associates Consulting Engineers, Inc. Upon approval of the Professional Services Agreements by the City Commission, City staff will request quota. for City proJects from Individual flrms on a rotaUng basis and In accordance with Florida Statutes 287.65 CCNA. The quotes will be negotiated based on the scope of a proJec~ duraUion and the contractual hourly billing rate. Upon the City staff negoUaUng a final cost to perfonn the required projec~ a resolution will be presented to the City Commission for tIlelr approval. Please note that the execution of these Professional General Service 8greem~nts does not commit the City to any maximum amount of fees nor guarantee any work. ! Attachments: Proposed ResoluUon Blank Prof •• slonal Servic. Agreement Signed Prof.sslonal Service Agreements -CD Listed consultant hourly billing rates FOOT Consultant wage average report ResoluUon 120-13-13938 Sunblz • • PROFESSIONAL SERVICE AGREEMENT General ~, Services THIS AGREEMENT made and entered into this U day of ~~ 20~ by and between the CITY OF SOUTH MlAM~ a political subdivision of the State of Florida and mIL WORKS, INC, authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH ~M'J'roU9h Its City'Manager, agrees to employ the CONSULTANTfor a penod ending on ~qlLft 20 Ir. and the CONSULTANT agrees to be available, continuing basis, to perform profeSSional services in connection with project(s) where the basic estimated construction costs of each individual project does not exceed $2,000,000.00 or where the individual study does not exceed $200,000.00, herein after called the "SERVICES". 1.0 General provisions /' 1.1 The CONSULTANT may be awarded work and issued a Notice to Proceed to provide professional services for a project, for a portion of a projec~ or for discrete tasks on a project. Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sale discretion of the City Manager, or his designee, hereinafter referred to as 'CITY": The City of South Miami reserves, at all times, the right to perform any and all engineering work in-house or with other engireers. This AGRE'EMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the City of South Mia.ml, nor does it obligate the City of South Miami in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional seNlces for which' proposals may be publicly solicited by the City of South Miami outside of this AGREEMENT. 1,3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the work; the time needed to complete the WORK and the fee for the services to be rendered in .connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a 'Noticeto Proceed. No payment will be made for the CONSULTANT'S time and seNices in connection with the preparation of any proposal. Page 1 of 39 Professional Service AGREEMENT TpepeI012-31-12 (Revised SK4-3-13, GM 6-18-13) 1.5 The OTY agrees that it will furnish to the CONSULTANT plans and other data available in the OTY files pertaining to the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which the CONSULTANT'S presence is required. 1.7 The OTY may designate a representative w~o, on behalf of ihe City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid . unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the OTY'S representative advised on the project status at all times. 1.8 The OTY agrees to issue all directives and approval in writing. 2.0 Professional Services 2,1 Gene@1 Services The professional services to be provided by the consultant may be one or more of the following, and include but not limited to: A Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and residential landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal bu.1I~!~g?~~ fa~i1ities. . ... . . . .-~ ---_. . . C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Traffic Engineering Services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendations to stakeholders and preparation of final traffic engineering report. Page 2 of 39 Professional Service AGREEM ENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6·18·13) F. Architectural Services to provide drawings and specifications for new constructions as well as additions and renovations; attend meetings with City staff and· presentations to City Commission; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format G. Landscape Architecture Including providing drawings and specifications for landscape projects;.site master planning, analysiS and design, urban design plans/concept diagrams, open space planning, analysis and design; community planning, analysis and design; natural resource planning analysis and design; Parks design; renderings/modeling; provide plans developed on AutoCAD latest version and copies of reprodudble hard copy and diskette of plans in the requested format H. RegIstered Surveying and MappIng Other inddental services associated to the above items. Page 3 of 39 Professional Service AGREEMENT TpepeI!:l12-31-12 (Revised SK 4-3-13, GM 6-18-13) 2.2 Design & Construction -Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 22.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are 'authorized. Upon authorization to proceed from the OTY, the CONSULTANT agrees to provide complete professional, services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project. the lead CONSULTANT, as designated by the CITY, shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase !-Preliminary and Schematic Design: A, B. c. D. E. F. The CONSULTANT shall confer with representatives of the OTY and the end user to deteomine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements, as defined by an individual purchase order for the specific work to be performed. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be mel The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined ,.J?!,!IQ'.'!" ~mtth,e~,t~,~nWO!JlJ pr9.Qilb,I~.C;om\r~c:t'-Q".,C;Q~", The Proposed Project Timetable shall consist of a schedule showing the proposed completion date ,on each Phase of the Project through design, bidding, construction, and proposed date of completion. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow-up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept. Professional Service AGREEMENT Page 4 of 39 Tpepe012-31-12 (Revised SK 4-3-13, GM 6-18-13) • G. The CONSULTANT shall present the Schematic design studies to the appropriate commission, committee, agency or board (hereinafter collectively referred to as "Boards") for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to the Board at no additional cost to City. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPl, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. L The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipmen~ professlonal fees, contingencies Of any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions Of applicable). The CONSULTANrS opinions of probable Total Project Costs and Construction Cost are to be made on the basis of the CONSULTANT'S experience and qualifications and represent CONSULTANT'S best Judgment as an experienced and qualified professional, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and it shall not proceed with the next Phase until directed by the CITY in writing. 2.2.2 Phase IT -Study and Design DevelQpment: A From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cos~ and Design Development Drawings, etc., as required to clearly delineate the Project If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY in writing. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget A Notice to Proceed to Phase m Page 5 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13. GM 6-18-13) will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase m Final Design I Construction Documents Development A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project induding the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. The CONSULTANT shall use Construction Specifications Institute (CSQ Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall' supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attomey. ' B. The Construction Documents shall be prepared in a manner that will assure clarity of line work. notes, and dimensions when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ("0" size), on the CITY's standard sheet format unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non-drawing submittals in Microsoft Office Word format. 2. Drawings in AutoCAD format . 3. GIS files should be in ArcView format Version 3.2. ' " -,'-cD,-WheH,·th,e",qJ!y~loRr:n~nt, ofJhe draWings hasProg rassed"tO, al,I,e,as.t·JiO%-Wrnpletlon , in Phase m, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not Rroceed with the further develooment until aporoyal of the documents is received from the CITY in writing. The CONSULTANT shall make all changes to documents reqUired by the CITY before proceeding further. A.set of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. F. A Notice to Proceed for the completion of Phase m will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the Page 6 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the OTY a final, updated StBtement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings, specifications, reports, progrnms, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would ba normally required of any construction project (such as Environmental Raview Board, Historical Preservation Board etc.) for the final approval. L The CONSULTANT at no extra cost to the CITY shall maka all required changes or additions and resolve all questions resulting from Board reviaw (see paragraph H) if tha changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A The 100% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY drawings and speCifications, without additional charge to the CITY for bidding purposes, unlass instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascentain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agendes. The CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. Page 7 of 39 Professional Service AGREEMENT . Tpepe012-31-12 (Revised SK 4·3-13, GM 6-18-13) 2.2.4 Phase rv -Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CllY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the 0lY In obtaining bids as well as awarding and preparing construction contra.ets. The CONsliLTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of Its assistance to the 0lY will tally, evaluate and issue a recommendation to the 0lY after verifying bond, insurance documents, questionnair~ and reference submitted by the constructor. 6. The CONSULTANT shall issue Addenda to the Construction Documents through the 0lY as appropriate to clarify, correct or change Bid Documents .. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, the CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance_ or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. 2. 3. Approve the increase in Project Cost and award a construction contract or, reject all bids and rebid the Project within a reasonable time with no change in the Project, or Direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or -~ -it--c--.--Su~Pendor-abandonthe Projeg-. or----·_·· . ---.-----------. 5. Exercise all options under the City Charter and State Law. NOTE: Under item (2) and (3) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re-bids, and awarding the re-bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modiiy the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bid is over 15% of the CONSULTANT estimate. All construction contracts must be approved by the City Commission after the City awards the contract for commission approval. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project Page 8 of 39 Professional SeNice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • 2.2.5 Phase V -General Administration of the Construction Contract A. The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the OTY during the Construction Phase, shall advise and consult with the GTY and shall have authority to act on behalf of the OTY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract C. The CONSULTANT shall attend pre-construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. . E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance. with the Contract Documents. On the basis of on-site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on-site observations to cheCk the quality or quantity of the WORK as set forth in this AGREEMENT and defined by the Scope of WORK issued for the indiVidual project On the basis of the on-site observations, the CONSULTANT will advise the OTY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall fumish the OTY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Co'ntractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY tha~ the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page 9 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 2. The results of any subsequent tests required by the Contract Documents. 3. Minor deviations from the Contract Documents correctable prior to completion and acceptance of the project H. The CONSULTANT shall have an affinnative duty to recommend rejection of WORK, which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with. the Contract Documents whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. L The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents, Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. K. L. M, The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others, and initiate proposed change orders as required by its own observations or the requirement of the CITY. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor . . c·c·HELshaILobtain .. .from . .the .Contractor . all.warranties, .. guara ntees,.operating .and.. . . maintenance m~n~~isf~req~ipmen~rel~ases of lien a~d such otherdo~ume~ts . and certificates as may be required by applicable codes, laws, policy regulations, the specifications and the other Contract Documents and deliver them to the CITY. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CflY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean· up of the project. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. Page 10 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18·13) • 2.2.6 Phase VI -Post Constryction Administration A The CONSULTANT shall prepare and provide the OTY with a written manual, to be used by the OTY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the cm reproducible record !as-built) drawings updated based on information fumished by the Contra cloG such drawings shall become the property of the arY. C. The CONSULTANT shall assist in the inspection ofthe WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee!warranties for correction. The CONSULTANT shall assist the OTY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" that will include, as a minimum, a copy of: • Certificates of completion • As-Builts (1/2 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable • Final release of liens • Final payment to contractor 2.3 Additional professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in -this AGREEMENT, but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A Spedal analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design servkes relative to future facilities, systems and equipment. which are not Page 11 of 39 Professional Service AGREEMENT TpepeI012-31-12 (Revised SK 4-3-13, GM 6-18-13) intended to be constructed as part of a specific project. E. Services to investigate existing ,conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor requir:d for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and fumishing professional services of the tyPe set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause Is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract. providing the cause is found by the CITY to be other than by fault of the CONSULTANT. 1 Making major revisions changing the Scope of a project. to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion), J. The services of one or more full-time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CflY or the Contractor's Requisition'for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the, control of the CONSULTANT. 3.0 TIme for Completion The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. Page 12 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • A reasonable extension of time will be granted In the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon AGREEMENT of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. tn case of emergency, the OTY reserves the right to Issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter as possible. For reproduction of plans and specifications, beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the OTY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sum·as mutually agreed upon by the CITY and the CONSU LTANT: Hourly rate fee: The OTY agrees to pay, and the CONSULTANT agrees to accep~ for the seNices rendered pursuant to this AGREEMENT, fees in accordance with the following: Category Hourly Rate Principal $160.00 Project Manager $160.00 Senior Engineer $130.00 Engineerlntern $115.00 Construction Manager $115.00 Construction Inspection $ 95.00 Senior Draftsman/Technical/CADD Operator $ 80.00 Draftsmen $ 70.00 Data Processing / Clerical $ 50.00 Hourly rates will include all wages, benefits, overhead and profit See Exhibit 3 for Subconsultant Hourly Rates. Page 13 of 38 Professional Service AGREE.MENT TpepeI012-31-12 (Revised SK 4-3-13, GM 6-18-13) 5.0 Payment and Partial Payments .The OTY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: • 15% upon completion and approval of Phase I. • 35% upon completion and approval of Phase n. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase ill. • 75% upon 100% completion and approval of Phases ill and IV. • 90% upon completion of the Project and approval of all WORK Phase V). • 100% upon final comple~on and approval of WORK elements A and B of Phase VL The CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoiCes submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANT's lump sum negotiated), if applicable. • Percent of work completed. • Amount earned. • Amount previously billed. • Due this invoice. , .. _--. --.-~. ,:·.:-:,.:~plaoc~J~m~inin9.: .... ~-,_.-,-,.- • Summary of work done this billing period. • Invoice number and date. • CONSULTANT's W-9 Upon request by the CITY the CONSULTANT shall provide the CTIY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 Right of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly Page 14 of 39 Professional Service AGREEMENT Tpepe©12-31·12 (Revised SK 4-3·13, GM 6·18·13) • • • arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the Judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate. by either party. in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Page 15 of 39 Professional Service AGREEMENT Tpepe<t>12-31-12 (Revised SK 4-3-13, GM 6-18-13) • 7.0 Ownership of Documents All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project Reuse of these documents without written AGREEMENT from the CONSULTANT shall be lhe CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 . Court Appearances. Conferences and Hearings Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional rompensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time during construction 6f the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any' necessary plan thereof to correct such errors and omissions or clarify' without added compensation. 9.0 Notices Any Aotices, reports or-othefwritteo. communications from. th!! .. CONSULTANTto the CIT'(J.;hall.be· considered delivered when received by the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be .considered delivered when received by the CONSULTANT or its authorized representative. 10.0 Audit Rights The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis_ 11.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. Page 16 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) / 12.0 Warranty The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to soHdt or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations con~ngent upon or resUlting from the award or making of this contract For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penally by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sale obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the aTY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 14.0 Duration of AGREEMENT (rev 6/27113\ This AGREEMENT is for a time period of three (3) years, commencing upon approval and eKeculion of AGREEMENT. This AGREEMENT shall remain in force until the actual completion of performance of a given project awarded to the CONSULTANT, or unless otherwise terminated by the CITY. 15.0 Renewal Option (rev 6127/13\ This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional period not to eKceed a total contract period, induding renewals, of one (1) year. 16.0 ~ In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify him in writing. In such event:, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any l'rtigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. Page 17 of 39 Professional SeIVice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 17.0 Insurnoce and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A,lnsurance and Indemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 19.0 Codes. Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 Drug Free Workplace --" -------COI\ISULTANLshall·~or:nply.with"~e-RrugFreeWorkplace ·p<JU~·.-set .forth-in attachmentlf .. tyyo ,,-- which is made a part of this AGREEMENT by reference. 22.0 Independent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 23.0 Duties and Responsibilities CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 24.0 Licenses and Certifications Page 18 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • CONSULTANT shall secure all necessary business and professionallkenses at its sale expense prior to executing the AGREEMENT. 25.0 Entirety of AGREEMENT This writing embodies the entire AGREEMENT and understanding between the parties hereto, and there are no other AGREEMENTs and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this AGREEMENT shall be valid unless made in writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 JulY Trial arv and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance. of the Work thereunder. . 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 28.0 Rules of Interpretation Throughout this AGREEMENT the male pronoun may be SUbstituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and proVision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, Page 19 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4·3-13, GM 6·18-13) power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 Equal ErnplQyment In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract 33.0 Governing Laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exdusive venue for the resolution of any dispute being a court of competent Jurisdiction in Miami-Dade County, Florida. 34.0 Effective Date ... . This,AGREEMENTshall.-not become effective-and. Qindingcuntil' it· has -been"executed ·by-both. parti.e,' hereto and the effective date shall be the date of its execution by the last party so executing it 35.0 Third party Beneficiary It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. . 36.0 Further Assurances The parties hereto 'agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Page 20 of 39 ProFessional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) AGREEMENT. 37.0 Tome of Essence Tome is of the essence of this AGREEMENT. 38.0 Inlemretalion This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for ils preparation. 39.0 Force Majeure Neither party hereto shall be in default of Its failure to perform its obligations under this AGREEMENT If caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Eaclh party shall notify the other of any such occurrence. 40.0 Notices Whenever notice shall be required. or permitted herein, it shall be delivered by hand delivery, e- mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the date on the retum receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: ToCIlY: With copies by U.S. mail to: To CONSULTANT: City Manager, S"+~"en .4-1<¥Afo.>~ 6130 Sunset Dr. South Miami, Fl33143 Fax: 3015" G.b"3-G'l5'1-:> E-mail: :'N.e)l~oe/UJ? Solfthml""""'l fl·1o" City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, Fl33143 Fax: (305) 341-0584 E-mail: lpepe@southmiamlfl.gov Civil Works, Inc. 7855 NW 12 Street, Suite 202 Doral, Fl33126 Fax: 305-591-4074 E-mail: Ibell@civilworks.com Page 21 of 39 Professional Service AGREEMENT TpepeI012-31-12 (Revised SK 4-3-13, GM 6-18-13) IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set forth herein. WITNESSES CON~ULTAN~CiVil: r :1:. Signatur . ~_~~~=_ Nam. 'nda Bell, P.E. -- Title: President OWNER: CiTY OF Page 22 of 39 Professional Service AGREEMENT Tpepe©12·31·12 (Revised SK 4-3-13, GM 6-18-13) TH MIAMI , Attachment A Insurance and Indemnification Page 23 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Insurance and Indemnification 1. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all damages, GIaIm5, liability, and losses ana ea~ses sf aElisAs.of any kind or nature arising out of a negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, to the extent of any incident to arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub- Contractor, or assigns, incident to, arising out of or reSUlting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONSULTANT, its agents, representatives, . elllplo¥eesrSub,Contr.a<;tors,~b;coot(act~rs,_.otassi9ns.Jn_ reviewing,.aPPI.O'liog. (lr. reje~tin9-c ... ,,_. _ .. __ any submissions or acts olthe CONSULTANT, the CITY in no way assurnes or shares responsibility or liability of the CONSULTANTS, Sub-Contractors, their agents or assigns. The CONSULTANT shall maintain during the term of this AGREEMENT the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally Obligated to pay as damages for claims arising out of the services or work performed by the CONSULTANT its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this AGREEMENT. This insurance shall be maintained for four years Insurance and Indemnification July 25, 2012 after completion of the construction and acceptance of any Project covered by this AGREEMENT. However, the CONSULTANT Page 24 of 39 Professional Service AGREEMENT Tpepe©12-31·12 (Revised SK 4'3-13, GM 6-18·13) • may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: a. Personal Injury: $1,000,000; b. Medical Insurance $25,000 per person; c. Property Damage: $500,000 each occurrence; d. Automobile liability: $1,000,000 each accidenVoccurrence. C. Umbrella Commercial General liability insurance on a Florida approved fonm with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The CITY must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold hanmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. The CITY must receive 10 days advance written notice of any policy modification aAa 39 days am'aRca writteR AatiEe af raREeilalieR, iReiUEliAg cam,ellatieR fer neA payment af J',efRiufRs. All insurance must remain in full force and effect for the duration of the contract period with the CITY. The CONSULTANT must provide not only a "certified copy· of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the Insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against the CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that the CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. F. All of the above insurance required to be provided by the CONSULTANT is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONSULTANT shall furnish certified copies of all "Sinser?ef certificates of insurance to the OTY prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount. Page 25 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this AGREEMENT. . CONSULTANT agrees to supply copies of certificates of insurance to the CITY verifying the above-mentioned insurance coverage. CONSULTANT agrees to list the CITY as an Additional Insured of the CONSULTANT's General liability insurance .AIl 5Aall-pro'lhJe tRe CITY ~yarterly re"orts cOAGeFAIAg aAY aAS all claims. Page 26 of 39 Professional Service AGREEMENT Tpepe©12·31-12 (Revised SK 4-3·13, GM 6·18-13) • • • Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposa/.) Page 27 of 39 Professional Service AGREEMENT Tpepei012-31-12 (Revised SK 4-3-13, GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1. Respondent's Swom Statement under Section 287. I 33(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts cfInterest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/her/its emproyees shall be permitted to represent any client before the Commission or any Committee, department or agency of the my, and shall agree not to undertake any other private representation which might create a conflict of interest with the my. The CONSULTANT may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sale discretion. The CONSULTANT selected will be required to enter into a fonmal AGREEMENT with the mv in a form satisfactory to the my, prior to the execution of which the CITY shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's AUachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. .. -. _ .. -.. 6 ... Respondent's Auachmentll4·.·"Acknowledgement·and--ConformancewithOSHA . Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #S "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 28 of 39 Professional Service AGREEMENT Tpepet012-31-12 (Revised SK4·3-13, GM 6·18-13) • ATTACHMENT #1 PUBUC ENTITY CRIMES AND CONFllCTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a)of Section' 287.133, Florida State Statutes -'A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit.a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. The CONSULTANT must disclose the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFlOAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of South Miami by Linda M. Belt P.E., President [print individual's name and title] for Civil Work~ Inc . [print name of the public entity] [print name of entity submitting sworn statement] whose business address is 7855 N W. '7 Street Suite 202 Doral, FL 33126 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0673629 (If the entity has no FEIN, include the Social Security Number 6f the individual signing this sworn statement: _____ ) """ 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I leg), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited Page 29 of 39 Professional Service AGREEMENT Tpepe<012-31-12 (Revised SK 4-3-13, GM 6-18-13) to , any bid or contract for goods or seNices to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrus~ fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjUdication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict non-Jury trial, or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: 5. (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a pliblic entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in a ny person, or a pooling of equipment or income among persons when not for fair market value under an arm's length AGREEMENT, shall be a prima facie case that one person controls another person. A person who knowingly enters into ajoint venture with a person who h.s been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or -.. applies to bid on-contracts' for theprovis.ioncqf.go,ods,or,selYiees·.led,by·a,p.ublic,entity,~.,. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement ap·plies.] ..x.. Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders. employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the Page 30 of 39 Professional Service AGREEMENT TpepeI012-31-12 (Revised SK 4-3-13, GM 6-18-13) • management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a . subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY, AND THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRAO IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. fh ~turR Sworn to and subscribed before me this~ day of, .,s::5., IiIJ " 20[2 ~ersonally known or __ Produced identification (Type of identification) Notary Public -State of ___ _ Cl ~ ~ MY~;?;iSS on eX1:i (Printed, typed or stamped commissioned name of notary p lie) Page 31 of 39 Professional SelVice AGREEMENT Tpepe<012-31-12 (Revised SK 4-3·13, GM 6-18·13) ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug- free worl<place program shall be given preference.in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall; 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such Prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement speCified in SUbsection (1). 4. [n the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace ... _---... no later·than ·five-(S} days. aftequch 'conviction: ...... -.. "-'~" .. -... ...--.. -....... s. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's _ ~ j) Signature: {'~_ ~q. __ page~9. Professional SeNice AGREEMENT Tpepet012-31-12 (Revised SK 4-3-13, GM 6-18-13) • Print Name: Linda M. Bell. P.E. Date: 06(27/2013 Page 33 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • ATTACHMENT #3 "NO CONFUCT OF INTEREST/NON COLLUSION AFFIDAVIT" submitted this .2Lday of,---"J",un",e,,-__ ~.20...1L., The undersigned, as CONSULTANT, declares that the'only persons interested in this AGREEMENT are named herein; that no other person has any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The CONSULTANT agrees if this response/submission is accepted, to execute an appropriate CflY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the an, for the perfoonance of all requirements to which the response/submission pertains. Th'e full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Linda M. Bell, P.E.. Miami, FL / Civil Works. Inc. Vaughn2-QlII~.s..£L Miami, FL I Ciyil Works, Inc Jose A!dir. P.E., Miami. FL ! Civil Works, Inc. ,,--rhe'CONSULTANTfurthercertifiesthat this response/submission complies with sectionA(c)'o/' ..... _. --.. _ ... - the Charter of the City of South Miami, Florida. That, to the best of its knowledge and belief, no commissioner, Mayor or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains_ Signature: :::;=-><J""",,"""=,,--=,,\-- Printed Name: Lh d. M. B I TItle: _Pur"'e'>!si"'d"'en"'t'----___ _ Telephone: 305-591-4323 Company Name: Civil Works, Inc. Page 34 of 39 Professional Service AGREEMENT TpepeI012-31-12 (Revised SK 4-3-13, GM 6-18-13) • • NOTARY PUBUC: STATE OF ....-£\Qr"'idJiLa ____ _ COUNTY OF Miami-Dade The foregoing instrument was acknowledged bef~re me this t!day of J'1t1 .2013 by _ ... Ull.·nn.d",a"MIlW. B"'e"'I ... I..J:P".E ... _____ (name of person whose signature is being notarized) who is SEAL VAUGHN SOARES "''''1<", ~~~,"\l "I.J. "~ ! • \ Nolary PlIbllc -Slate of FlorJofa i': .. ~~ My Comm. ExplfU Sep 19, 2014 ,,, ~l Commission ~ EE 27068 ":tflM'~."" Bonded Througb National NOlaty Aun Page 35 of 39 Professional Service AGREEMENT Tpepec)12-31-12 (Revised SK 4-3-13, GM 6-18-13) L<;::;I'ersonaliy known or __ Personal identification ----Type of Identification Produced (Name of otary Public: Print, Stamp or type as commissioned.) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, Civil Works. Inc , (Name of Contractor), hereby acknowledge and agree that as· CONSULTANT, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless tihe City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's· names): Manuel G. Vera & Associates, loc. GeQSol. Inc to comply with such·act or regulation. CONTRACTOR BY: Linda M, Bell, p.E. Name president TItle Page 36 of 39 Professional Service AGREEMENT Tpepe<012·31-12 (Revised SK 4-3-13, GM 6-18-13) • ATTACHMENT #S "RELATED PARTY TRANSACTION VERIFICATION FORM" ~L~inu>d ..... au·M"",-,. B",eillll"-. P ..... "'E~. ___ ~. individually and on behalf of Civil Works. Inc. ('Firm") (Name of Representative] (ComprmylVendorlEntifyJ have read the Cily of South Miami (olY)'s Code of Ethics, Section 8A-l of the CITY's Code of Ordinances and I hereby certify, under penally of perjury that to the best of my knowledge, information and belief: i. Neither I nor the Firm have any conflict of interest (as defined In section 8A-1) with regard to the contract or business that ~ and/or the Firm, am (are) about to perform for, or to transact with, the CITY, and 2. Neither I nor any employees, officers, directors of the Finn, nor anyone who has a financial interest greater than 5% in the Firm. has any relative(s), as defined in section 8A-), who is an employee of the CITY or who is(are) an appointed or elected official of the cm, or who is(are) a member of any public body created by the Cily Commission, i.e., a board or committee of the CITY, and 3. Neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family O.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CITY or has a financial interest, direct or indirect, in any business being transacted with the CITY, or with any person or agency acting for the CITY, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be Signed under oath). 4. No elected and/or appointed official or employee of the Cily of Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or your Firm and the CITY other than.the following individuals whose interest is set forth following their names: ~ (use a separate sheet to supply additional information that will notfit on this line but make reference to the additional sheet which nnust be signed under oath). The names of all CITY employees and that of all elected and/or appointed CITY officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: __ --=====---2""-__ (use a separate sheet to supply additional information that will not fit on this line but make relerence to the additional sheet which must be signed under oath). Page 37 of 39 Professional Service AGREEMENT Tpepe012-31-12 (Revised SK 4-3-13, GM 6-18-13) 5. [and the Firm further agree not to use.or attempt to use any knowledge, property or resource which may come to us through our position of trust or through our performance of our duties under the terms of the contract with the CITY, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. 6. I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CITY or any person or agency acting for the CITY, and that we have not appeared in representation of any third party before any board, commission or agency of the CITY within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the Firm; nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or Sister) is related by blood or marriage to: Ii) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: ---------(use a separate sheet to supply additional information that· will not fit on this line but make reference to the additional sheet which must be signed under oath). 7. No other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' .. il11medi~tefal11i1Y .......... -'''''' .. ' .. c· .... -... C'-· .. _-. (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the CITY in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: ____ _______ ____ -== ___ , (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 8. I and the Firm agree that we are obligated to supplement this Verification Form and inform the CITY of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Page 38 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6·18-13) • • Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. 9. A violation of the CITY's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any AGREEMENT with the CITY, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by arid subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my k dge, Information and belief. Signature: Print Name & TItle: Linda M. Bell. P.E. Date: 0612712013 ATIACHED; Sec. 8A-1-Confiict of interest and code of ethics ordinance. Page 39 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Exhibit 3 "Subconsultant Hourly Rates" Geoso!, Inc., Geotechnical Engineering Category Hourly Rate Principal $161.36 Project Manager $161.36 Senior Engineer $161.36 Engineer $121.21 Construction Manager nla Construction Inspection $ 81.11 Senior Draftsmanirechnical/CADD Operator $ 75.75 Draftsmen $ 75.75 Data Processing / Clerical $ 58.84 Hourly rates will include all wages, benefits, overhead and profit Manuel G. Vera & Associates, Inc. Surveying and Mapping Category Hourly Rate Princtpal $198.29 .ien[Qr,SUlveyoLand.Mappec ,, ____ .... ....._ .. "_". . $19829,, ___ .... __ Su,veyorand Mapper ... . $144.70 Survey Intern $123.26 Cadd / Computer Technician $ 87.09 Party Chief $ 51.99 Survey Technician $ 46.89 Instrument Man $ 36.18 Rod Man/Chain Man $ 30.71 Data Processing / Clerical $ 44.88 Four Man Crew $1326.24 (per day) Three Man Crew $1056.08 (per day) Two Man Crew $785.92 (per day) Hourly rates will include all wages, benefits, overhead and profit. Page 1 of 1 Professional Service AGREEMENT Tpepeco12-3H2 (Revised SK 4-3-13, GM 6-18-13) RESOLUTION NO. 196-14-14290 A Resolution authorizing the City Manager to execute FY 2015 grant agreement with Florida Department of Environmental Protection for Twin Lakes Drainage Project in the amount of $100,000. WHEREAS, the Mayor and City Commission desire to accept the grant from the Florida Department of Environmental Protection; and WHEREAS, the Agreement will provide funding for the Twin Lakes Drainage Project; and WHEREAS, the City Manager is authorized to execute the grant agreement in an amount of $1 00,000 with a required match of $20,000; and WHEREAS, the grant contract shall become effective upon execution by both parties and the grantee shall complete construction of all project elements on or before October 31, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the grant agreement with the Florida Department of Environmental Protection for the Twin Lakes Drainage Project in the amount of$IOO,OOO. The grant agreement is attached to this resolution. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 7th day of October ~ LE READ AND APPROVED AS TO FORM LANGUAGE, L Y AND EXECUTIO HE OF: ,2014. APPROVED: /¥j~ MAY COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SOUTH MIAMI DEP AGREEMENT NO. LP13205 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIA nONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinailer referred to as "Grantee"), a local government under the laws of the State of Florida, to provide funds for the "Twin Lakes Drainage Project". Collectively, the Department and the Grantee shall be referred to as "PaJ1ies" or individually as a "Party." In consideration of the mutual benefits to be derived from this Agreement, the Department and the Grantee do hereby agree as follows: I. The Grantee does hereby agree to perform in accordance with the tcrn1S and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named and attached hereto, which are incorporated by reference. 2. This Agreement shall be effective on July 1,2014 and end no later than October 31, 2015, inclusive. The Grantee shall be eligible for reimbursement for work pCJ·fonned on or after the effective date through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services satisfactorily rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $100,000 toward the total estimated project cost of $120,000. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A, by amendment of this Agreement, to provide for the work that can be accomplished for the funding identified above. B. Prior written approval from the Department's Grant Manager shall be required for changes between deliverable budget categories not to exceed 10% of the total deliverable budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changcs that exceed 10% of the total approved deliverable budget will require a formal change order to the Agreement. Changes that Revised 7114 DEP Agreement No. LP13205, Page I of II transfer funds from one deliverable to another or that increase or decrease the total deliverable funding amount will require a formal amendmcnt to the Agrcement. C. The Grantee shall request reimbursement for all eligible project costs upon receipt and acceptance of the deliverable(s) identified in Attachment A, utilizing a properly completed Disbursement Request Package (provided as Attachment B). All bills for amounts due under this Agrccment shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof A l1nal Disbursement Request Package must be submitted to the Department no later than January 31, 2016, to assure the availability uf funds for payment. The Disbursement Request Package must include: (I) A completed Disbursement Request Form submitted by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itcmized summaries of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; and the person providing the service or performing the work and proof of payment of the invoices; and, (2) A certification signed by the Grantee's Grant Manager as to the current cost of the Project; that the materials, labor, or services represented by the invoice have bccn satisfactorily purchased or performed and applied to the project; that all funds expended to date have been applied toward completing the Project; and, (3) If construction is included in Attachment A, a certification by the Engineer responsible for overseeing construction is necessary. The certification must state that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the Project, as described in the Project Work Plan (Attachment A), in accordance with construction contract documents; state that payment is in accordance with construction contract provisions; state that construction, up to the point of the request, is in compliance with the contract documents; and identify all additions 01' deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction penn it; and, (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by thc Department. D. The State Chief Financial Omcer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements sct forth therein. The Disbursement Request Package Form in Attachment B shall be accompanied by supporting documentation and other requirements as follows: Revised 7/14 (I) Contractual (Subcontractors) -Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup DEP Agreement No. LP13205, Page 2 ofll documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries of the subcontractor's employees shall clearly identiry thc personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supp0l1ed by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates sUPPol1ed by audit, the Grantee shall be required to reimburse overpayments resulting from use of thesc excessive multipliers to the Department within thit1y (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used hy the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of thc subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall requcst thc advance written approval from the Department's Grant Manager of the fixed pricc ncgotiated by the Grantee. The letter of request shall be suppOlted by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval ofthe fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. (2) EguiRment -(Capital outlay costing $1,000 or more) -The Grantee will not be reimbursed for the purchase of non-expendable equipment costing $1,000 or more under the terms and conditions of this Agreement. E. In addition to the invoicing requirements contained in paragraph 3.e. and 3.0. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Depat1ment in suppott of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). Revised 7/ J 4 DEP Agreement No. LPJ3205, Page 3 of J J r. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.f1dfs.com/aad ir/referen ce%5 F gu ide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment D) shall be submitted quarterly describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Reports shall be submitted to the Depaltment's Grant Manager no later than twenty (20) days following the completion of the repol1ing period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Final Project Report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have ten (J 0) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RESERVED. 7. Each Pal1y agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 8. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to tennination, the Depar1ment shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Depal1ment regarding the reason(s) for termination. B. The Depar1ment may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 9. No payment will be made for deliverables deemed unsatisfactory by the Depar1ment. lfa deliverable is deemed unsatisfactory, the Grantee shall rc-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days afier notification that the deliverable was unsatisfactory. If a satisfactory deliverable is not submitted within the specified time frame, the Department may, in its sole discretion, either: I) terminate the Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under the Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days after approval by the Department. Revised 7114 DEP Agreement No. LP13205. Page 4 of 11 A. A CAP shall be submitted within ten (10) business days of the date of the letter request from the Department. The CAP shall be sent to the Depaliment Grant Manager for review and approval. Within ten (10) business days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. Ifthe CAP is not accepted, the Grantee shall have ten (10) business days from receipt of the Department's letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department's approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department docs not alter or amend the Grantee's obligations under this Agreement. If the CAP fails to correct or eliminate perfonnance deficiencies by the Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perfonn. No actions approved by the Department or steps taken by the Grantee shall serve to condone, forgive or estop the Department from asserting subsequent deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to the Department's request for a CAP or failure to correct a deficiency in the perfonnance of the Grantee as specified by the Department may result in termination of this Agreement. The remedies set forth above arc not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu orthose set forth above. 10. This Agreement may be unilaterally canceled by the Depaliment for refusal by the Grantee to allow public access to all documents, papers, lellers, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt pursuant to Section 24(a) of Article 1 of the State Constitution, Section 119.07(1), Florida Statutes, or other statute. 11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. If any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicablc provisions contained in Attachment G, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment G summarizes the funding sources supporting the Agreement for purposes Revised 7114 DEP Agreement No. LP J 3205, Page 5 of J J of assisting the Grantee in complying with the requirements of Attachment G, A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease, If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Depat1ment's Grants Manager identified in paragraph 18 of this Agreement. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment G, Exhibit 1 when making its determination, For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _,210 for determining whether the relationship represents that of a sUbrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientiSubrecipient vs, Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps,fldfs,com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements, 13, The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager, except as provided in paragraph 3,D,(1 )b, Regardless of any subcontract, the Grantee is ultimately responsible for all work to he pertonned under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) business days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be responsible to any subcontractor for any expenses or costs incurred under the subcontract and that the Grantee shall be solely responsible to the subcontractor for all expenses and costs incurred under the subcontract. 14, The Department of Environmental Protection SUppOltS diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically, The award of subcontracts should reflect the full diversity of the citizens of the State of Florida, A list of minority owned firms that could be offered subcontracting oppOltunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915, 15, In accordance with Section 216,347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency, Revised 7i14 DEP Agreement No, LP13205, Page 6 of II 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. Any notices between the Parties shall be considered delivcred when posted by Certified Mail, return reccipt requested, overnight courier service, electronic mail (e-mail) or delivered in person to the Grant Managers at the addresses below. 18. The Department's Grant Manager for this Agreement is identified below. Tommy Williams State Revolving Fund Management Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8364 Fax: (850) 245-8411 Email: Thomas.c.williams@dcp.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 19. The Grantee's Grant Manager for this Agreement is identified below. Jennifer Korth City of South Miami 6130 SUllset Drive South Miami, Florida 33143 Phone: (305) 663-6343 Fax: (305) 663-6346 Email: jkorth@sollthmiamifl.gov Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 20. To the extent required by law, the Grantee will be self-insured for worker's compensation, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of Grantee's employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program 01' insurance coverage shall comply fully with thc Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, Revised 7114 DEP Agreement No. LP13205, Page 7 of 11 adequatc insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 21. A. The Grantee shall s5!cure and maintain Commcrcial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $100,000 cach occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services andlor operations completed under this Agreement, whether such services andlor operations are by the Grantee or anyone directly or indirectly employed by him. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services andlor operations under this Agreement, whether such scrvices andlor operations arc by the Grantee or by anyone dircctly or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days writtcn notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 23. RESERVED. 24. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders arc subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 25. RESERVED. 26. RESERVED. 27. A. No person, on the grounds of race, creed, color, national ongm, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Revised 7/14 DEP Agreement No. LP13205, Page 8 of J 1 B. An entity or affiliate, as defined in section 287.] 34, Florida Statutes, who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for thc construction or repair of a public building or public work, may not submit bids on leases of real propel1y to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Scrvices is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Managemcnt Services, Office of Supplier Diversity, at (850) 487-0915. 28. A. The accounting systems for all Grantees must ensure that funds awarded by this grant are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted andlor reccived for one project may not bc uscd to supp0l1 another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or sub recipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these grant funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds providcd to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the daters) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by the Depmiment, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Iloard of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantce to the date repayment is made to the Department by the Grantee. 29. Land acquisition is not authorized under the terms ofthis Agreement. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the Revised 7114 DEP Agreement No. LP13205, Page 9 of II remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only bc valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAIl\'OER OF PAGE INTENTIONALLY LEFT BLANK Revised 7114 DEP Agreement No. LP 13205, Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SOUTH MIAMI ~ ./ <,/ ---+----- --------./ BYL ----/ City Manager Date: FEID No.: 5,-0000'151 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY:---'...L-'-'-Mc=,,-:-,-_tcuQ __ \-'.k_~~~-,-J ___ _ Program. lministrator State Rcvolving Fund Date: ___ OC_T_2_1_2::....0-.14 ____ _ Tommy Willial ., DEP Grant Manager Approved as to form and legality: List of attachments/exhibits included as part of this Agreement: Letter/ Specity Type Number Description (include number of pages) Attachment A Projec!.Work Plan (2 Pages) Attachment B Disbursement Request Package Ql'ages) ---. Attachment C Contract Paj'ment Reguirements (I Page) Attachment D Progress Report Form (l Page) ---- Attachment E Reserved Attachment F Reserved Attachment G Special Audit Reguirements (5 Pages) ... _-- Revised 7/14 DEP AgrccJ1lclll No. LPI3205. Page J J of J 1 ATTACHMENT A PROJECT WORK PLAN CITY OF SOUTH MIAMI LP13205 Project Title: Twin Lakes Drainage Proicct Project Location: Area bounded by the streets below, as depicted in Exhibit A: --,. • SW 62"d Terrace and SW 63,d Terrace, from SW 64 th Court 10 SW 63,d Court • SW 64 th Court and SW 63,d COllli, from SW 62"d Terrace to SW 64 th Street • SW 63,d Avenue and SW 62"d Place, from SW 62"d Terrace to SW 64th Street • SW 62"d Courl, from SW 62"d Terrace 10 SW 63,d Terrace. Project Background: This area has historically expericnced flooding and is in need of drainage. According to thc City of South Miami Stormwaler Master Plan, produced in 2012, the Twin Lakes area is identified as a priorily area. Furthermore, Ihe City has received complaints from residents in regards to Hooding along these slreets. The purpose of this project is to identify the cause of the drainage issues and detennine solutions to addrcss them. Project Description: Provide storm waler drainage improvements in the City, in the Twin Lakes arca. This area sUlTounds the Broad and Twin Lakes Canals, which connect to the Snapper Creek (C-2) Canal. I.Task: Dcsign and Construction of drainage improvements iiI. Deliverable: Copy of contract, design plans & specifications, permits, technical oversight reports, and Geolechn ical repOli. Timelinefor completion: October 31,2015 Budget Infol'lIIation: $40.000 Salaries: N/A Fringe Benefits: N/A Travel: N/A COlltractual: Professional Services $40,000: DE? $30, 000. local jimds $10, 000 Equipment: N/A Supplies/Other Expenses: N/A Land: N/A Indirect: N/A Performance Standard: The DEP Grant Manager will review the delivcrables 10 ensure (hey are eligible for reimburscmcnt. 1b.Deliverable: copy of bid tab, copy of contract, contraclors schedule of values, pictures of completed work Timeli1fefor compietioll: October 31,2015 Budget Informatio/!: $80,000 Salaries: N/A Revised 7/14 DEP Agreement LP13205, Attachment A, Page 1 of2 -----------, .. -,._------ Fringe Benefits: N/A Trapel; 1'1/4 Contractual: Construction $80,000: DEP $70,000, loealfunds $10,000 Equipment: N/A Supplies/Other /<.xpellSes: N/A Lund: NIA Indirect: NIA Performance Standard: The DEP Grant Manager will review the deliverables to ensure they are eligible for reimbursement. NOTE: THIS SHOULD BE DONE FOR EACH TASK AND EACH DELIVERABLE TO BE COMPLETED UNDER THIS AGREEMENT. PAYMENT IS TIED TO THE SUBMITTAL AND ACCEPTANCE OF DELIVERABLES. DELIVERABLES MUST BE QUANTIFIABLE AND MEASURABLE AND THERE MUST BE A PERFORMANCE STANDARD THAT IS SPECIFIC TO THE APPROVAL OF THE DELIVERABLE. Total Budget by Task and Deliverables: The tasks identified here should agree with the tasks identified and described above. IdentifY the tasks asfollows: la, I b, etc. Local I,'ullds and Source Tnslis DEP Funding Local FUllds Source ofFullds I Stonnwater Drairl la Design $30,000 $\0,000 TfF Storm water Drain Ib Construction $70,000 $10,000 TIF 2 2a 2b Total: $100,000 $20,000 ----_._----- $120,000 Project Total: - The FY2014-l5 GAA did not require a match for these projects. Revised 7114 DEP Agreement LP13205, Attachment A, Page 2 of2 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient ---=C::.ity"'-o:.:f:...S:.:o:.:u"t"h:.:M=i=."m"i __________ _ Project Number LP13205 Disbursement Reguest NUlnbC'r Date of Request H.equiJed Match '};, 2. 3. 4. Type of Request: Partial o Pinal o 5. Federal Employer Identification Number 6. Task/Deliverable No. 7. Mail 0 ErT o Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) Amount this NOTE: Can only claim expenses in approved budget. Request 1, Contractual Services 2. Total 3. Disbursements previously requested 4. Amount Requested for Disbursement (line 2 minus 3) -. Total Cumulative ._-... __ .- ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR EACH DELIVERABLE TO: ** Florida Deparhuent of Environmental Protection State Revolving Fund Management MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 or email your request to: SRF _Rcporting@dep.state.fl.us DEP Agreement No. LP13205, Attachment B, Page I of3 I, on behalf of Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) , do hereby certify that: (name of Grantee/ Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in Attachment A of the Agreement; 2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied to\\'ard c01l1pletine; thf' project; sllch costs are documented by invoices or other appropriate documentation as required in paragraph 3D; 3. The Granlee has paid such costs under the terms and provisions of contraclc; relating directly to the project; and the Grantee is not in default of any terms or provisions of the contractsj 4. If funds were advanced, all funds received to date have been applied toward completing the project; and 5. All pf'rmits and approvals required fol' the construction which is undenvay have been obtained. (Signature of Grant Manager) (Date) DEP Agreement No. LP 13205, Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request ONLY SUBMIT IF CONSTRUCTION IS PART OFTBE PROJECT J, I being the Professional Engineer retained by (name of Professional Engineer) -----,-c---:-c-:-;cr:-,..c;cc-;nc--c,-;,---I am. responsible for overseein8 cOT1sh"udion of the (name of Grantee/Recipient) projeel described in the Agreement and do hereby certify that: 'l. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents med with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance \ .... ith construclion requirements and Florida Adminish'ative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the approved plans and permits; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change ordf'r <md all change orders have been submitted to (he Department; and 6. ;\11 additions or deletions to the Project which have altered the Project's performance standards, srope, or purpose (since issue of the pertinent Deparhnent permit) have been identified in writing by amendment to this Agreement. Signature of Professional Engineer Finn or Affiliation (Date) (P.E. Number) DEP Agreement No. LPJ 3205, Attachment B, Page 3 of3 ATTACHMENT C Contract Payment Requirements Florida Depal1ment of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Colltracls Invoices for cost reimbursement contracts must be supported by an itemized listing of cxpendjture~ by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly feflect the dates of service. Only expenditures for categories ill the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (l) Salaries: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house r.::harg~s: (6) Indirect costs: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be !.hown. Exception: Governmental entities arc not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim Oil the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices/receipts. Ifnonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services arc tenninated. Documentation mllst be provided to show compliance with DepaI1ment of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.0~, Florida Statutes, for subsequent transfer to the State. Charges which may be aran internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shuwn. Contracts between state agencies. and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.f1dfs.com/aadir/refcrenceguide.htm DEI' 55-219 (0512008) DEP Agreement No. LP13205, Attachment C, Page 1 uf 1 ATIACHMENTD PROGRESS REPORT FORM ~ DEP Agreement No.: LP13205 Grantee Name: City of South Miami Grantee Address: Grantee's Grant Manager: I Tele[!hone No.: I ---_. Reporting Period: l'ro.iect Number and Title: Provide the following information for all tasks and deliverables identified in the Project Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Usc as many pages as necessary to cover all tasks in the Project Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountCl"ed: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP13205 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DE? Agreement No. LP1320S, Attachment D, Page 1 of I ATTACHMENTG SI'ECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Envirollmental Protection (which may be referred tu as the "Department", "DE?", "FDEP" 01' "Grantor", or other name in the contracl/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contracf/agreemenl) may be subject to audits and/or monitoring by the lJepaJ1rnent of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OIvlB Circular A-I33 and Section 215.97, F.S., as revised (see "A tJDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, 3S revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. TIlC recipient further agrees to comply and coopcratc with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local govemment or a non-profit organization as defined in OMB Circular A-I33, as revised. I. In the event that the recipient expends $500,000 or marc in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-l33, as revised. EXHIBIT I to this Agreement indicates federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including federal resources received from the Department of Environmental Protection. The detennination of amounts of federal awards expended should be in accordance with the guidelines established by O:\1B Circular A-D3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A~133, as revised, will meet the requirements of this part. 2. In connection with the audit rcquirements addressed in Part T, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year und elects to have an audit conducted in accordance with the provisions ofOMB Circular A-l33, as revised, the cost of the audit mllst be paid from non-Federal resources (i.e" the cost of such an audit must be paid from recipient resources obtained from other than Federal entities), 4, The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://I2.46.245.173/cfda/cfda.html. DEI' 55·2\5 (03/09) DEP Agreement 1\0. LP13205, Attachment G, Page I of'S PART II: STATE FUNDED This part is applicable if the recipient is a nonstatc entity as defined by Section 215.97(2)(rn), Plorida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97. Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHll3lT 1 to this Agreement indicates state financial assistance awarded through the Department ofEnyirotunental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shaU consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other Ilonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission ofa financial rcporting package as defined by Section 215.97(2), Florida Statutes, and Chapters ]0,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i,e., the cost of such an audit Illllst be paid ITom the recipient's resources obtained from other than State entities). 4. For infolnwtion regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access the Florida Single Audit Act website located at https:/lap]_s.11dfs.com/fsaa for assistance, In addition to the above websites, the following wcbsites may be accessed for information: Legislature!s Website at http://w·ww.leg.state.f1.usAVelcome/index.cfm. State of Florida's website at http://www.myflorida.comi. Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.state.fl.us/a u d gen. PAHT IJI: OTHEH AUIlIT ImQlIIRE~n:NTS (N'01'£: 11lis pari would be used to specifjl any additional audit requirements imposed by the State mvarding entity that are solely a matter oftha! State uH)(lrding elltity 's policy (i.e .. the audit is not required by Federal or State laws and is not in conflict with olher federal or Stule audit requirements). Pursuant (0 Section 215.97(8), Florida ,)'tatutes, State agencies may conduct or arrange for audits a/Slale financial assistance that are in addilion to audUs conducted in accordance with Seclion 215.97, f<7orida Statutes 1n such an event, the State awarding agency must arrange/of' funding the full cost of such additional audits) PART IV: REPORT St:BMISSION I, Copies of reporting packages for audits conducted in accordance with O~ Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or ~n behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. LP13205, Attachment G, Page 2 of 5 A. The Department of Envirolllnental Protection at one of the following addresses: By Mail: Audit Director Florida Dcpm1mcnt ofEnvironmcntal Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.f1.us B. The Federal Audit Clearinghouse designated in OMB Circular A·133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Burcau of the Census 120] East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Intemet Data Entry System which can be found at hnp;//harvester.census.gov/facl C. Other federal agencies and pass·through entities in accordance with Sections .320 (e) and (f), OMB Circular A·133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-i33, as revised, the rccipicnt shall submit a copy of the reporting package described in Section .320(c), OMD Circular A·133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dcp.state.fl.lIs 3, Copies of financial repOiting packages rcquired by PART JI ofthis Attachment shall be submitted by or on bchalfofthe recipient directly to cach of the following: A. The Department of Environmental Protection at one of the following addresses: DEP 55-215 (03/09) By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Common""'ealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FD EPS ing!cA ud it@)dep.state.tl.lls DEP Agreement No. LP13205, Attachment G, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies ofrepof(s or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Oflicc of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically; FDEPSinglcAudit@dcp.statc.fl.us 5. Any repOlis, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-13], Florida Statutes, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient.in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of' 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the datc the audit repol1 is issued, unless extended in writing by the Department of Environmental Protection. REMAIl\1)ER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 {O]f09} DEP Agreement No. LP13205, Attachment G, Poge 40f5 EXHIBIT-J FUNTIS AWARDED TO TIlE RECIPIENT PURSUANT TO TIllS AGREEMENT CONSIST OF TIlE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this AO"reement Consist of the Fol1owin1l: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Fundino-Amount Category I I I State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followine Matchino-Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Fundino-Amount Category I I State Resources Awarded to the Recipient Pursuant to this AO"fccment Consist of the FoJlowine Resources Subiect to Section 215.97. F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Fundin!:! Amount Category Original General Revenue, Line Item 2014-2015 37.039 Statewide Surface Water Restoration 100,000 140047 Agreement 1668A and Vlastewater Proiects , -Total Award I S 100,000-I For each program identified above, the reCIpIent shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://!2.46.245.173/cfdalcfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https:!!apps.f1dfs.comifsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope ofservices/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (03/09) DEP Agreement No. LP13205, Allachment G, Page 5 of 5 STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP1320S CITY OF SOUTH MIAMI AMENDMENT NO.1 THIS AGREEMENT as entered into on the 21~ day of October, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF SOUTH MIAMI (hereinafter referred to as the "Grantee") is hereby amended. . WHEREAS, the Grantee has requested a reallocation of the budget for the project; and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and WHEREAS, certain provisions of the Agreement need revision. NOW, THEREFORE, the parties hereto agree as follows: I. Section 2. of the Agreement is hereby revised to change the completion date of the Agreement from October 31, 2015, to July 31, 2016. 2. Section 3C. of the Agreement is hereby revised to change the rmal Disbursement Request Package submittal date from January 31, 2016, to October 31, 2016. 3. Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-I, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, shall hereinafter refer to Attachment A-I, Revised Project Work Plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7114 DEP Agreement No. LP13205, Amendment No. I, Page lof2 This Amendment I to State Financial Assistance Agreement LPI3205 may be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Secretaty or Designee of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Department. CITY OF SOUT.!:!-MIAMI Date:_'6_'I-'II_' !../.J!..c.I_,:) ____ _ ~-1 o n, L.~ngUage, reof: i ,/ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION \~- Date:. __ ~A~UG~1:...:9:....:2~O.:::::15 ___ _ Approved as to fonn and legality: List ofattachments/exbibits included as part of this Amendment: Specify Type Attacbment Revised 7114 Letter/ Number A-I Description (include number of pages) Revised Project Work Plan (2 Pages) DEP Agreement No. LPI3205, Amendment No. I, Page 2 of2 ATTACHMENT A-I REVISED PROJECT WORK PLAN CITY OF SOUTH MIAMI LPl3205 Project Title: Twin Lakes Drainage Project Project Location: Area bounded by the streets below: • SW 62"d Terrace and SW 63,d Terrace, from SW 64th Court to SW 63,d Court • SW 64th Court and SW 63,d Court, from SW 62"d Terrace to SW 64 th Street • SW 63,d Avenue and SW 62"d Place, from SW 62"d Terrace to SW 64th Street • SW 62"" Court, from SW 62"" Terrace to SW 63,d Terrace. Project Background: 'Ibis area has historically experienced flooding and is in need of drainage. According to the City of South Miami ("City") Stormwater Master Plan, produced in 2012, the Twin Lakes area is identified as a priority area. Furthermore, the City has received complaints from residents in regards to flooding along these sireets. The purpose of this project is to identify the cause of the drainage issues and determine solutions to address them. Project Description: Provide stormwater drainage improvements in the City, in the Twin Lakes area. This area surrounds the Broad and Twin Lakes Canals, which connect to the Snapper Creek (C-2) Canal. The City is requesting to decrease the design line item to $15,000 and increase the construction line item to $85,000. Only $15,000 in DEP funding is needed for design because the City allocated $20,000 in design funds for this project in the FY 2015 budget cycle; and therefore, the funding gap was reduced to $15,000 for design. Construction is anticipated to commence in September 2015 and conclude within 6 months. To account for potential delays, a 9-month extension is requested to July 31, 2016. Task: Design and Construction of drainage improvements I a.Deliverable: Invoices, copies of cancelled checks, copy of contract, design plans & specifications, permits, technical oversight reports, and Geotechnical report. Timelineforcompletlon: July 31, 2016 Payment Schedule: Reimbursement for invoiced costs no more than once a month. Budget Information: $35,000 Contractual: Professional Services $35,000: DEP $15,000, toeatfunds $20,000 Paformance Standard: The DEP Grant Manager will review the deliverables to ensure they are eligible for reimbursement. I b,Deliverable: Copies of cancelled checks, copy of bid tab, copy of contract, contractor's schedule of values, pictures of work completed. Tlmelinefor completion: July 31,2016 P(fJIment Schedule: Reimbursement for invoiced costs no more than once a month. Revised 7/14 DEP Agreement LP13205, Attachment A-I, Page lof2 Budget Information: $85,000 Contractual: Construction $85,000: DEP $85,000 Performance Standard: The DEP Grant Manager will review the deliverables to enSUre they arc eligible for reimbursement. Total Budget: LoaU Funds and SollJ"te Tub DEPFundin2 Local Funds Source of Funds I a I DesIgn $15,000 $20,000 Stormwater Drain TIP I b I Construction $85,000 Total: $100,000 $20,000 Project Total: $120,000 The FY2014-15 GAA did not require a match for these projects. Revised 7114 DEP Agreement LP13205, Attachment A-I, Page 2 of2