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THE CITY OF PLEASANT 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 Q Steven Alexander, City Manager February 2,2016 Agenda Item No.: __ A Resolution authorizing the City Manager to pay G. Batista & Associates to revise engineering documents for Bus Shelters. G. Batista & Associates submitted a proposal in the amount of $5,600 to revise engineering documents for bus shelters. G. Batista & Associates completed the engineering documents for the bus shelters in 2013, including the structural drawings and specifications. The revisions include bringing the structural drawings up to date in accordance to the Florida Building Code, which recently updated their requirements for wind loads. Revisions to the specifications for the roof system will also be made to include an alternative to the Centria products. The revised engineering documents will be used for a submittal to Miami Dade County for review of the installation of two new bus shelters along SW 62 nd Avenue. These bus shelters are proposed between SW 68 th Street and SW 64th Street, and have been requested by residents. A previous submittal was not approved due to the specifications not being up to code, per the latest Florida Building Code. These revisions will also be applied to future site layouts for new bus shelters throughout the City. In accordance with and pursuant to Florida Statute 287.055 for CCNA, G. Batista & Associates 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 G. Batista & Associates to perform engineering services for the City. AMOUNT: Amount not to exceed $5,600 ACCOUNT: The expenditure shall be charged $5,600 to People's Transportation Plan Tax Fund account number 124-1730-541-6490, which has a balance of $1,658,000 before this request was made. ATTACHMENTS: Resolution Proposal CCNA Resolution PSA Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO.: __ ~ __ _ A Resolution authorizing the City Manager to pay G. Batista & Associates to revise engineering documents for Bus Shelters. WHEREAS, the Mayor and City Commission wish to provide bus shelters within the City; and WHEREAS, the City desires to hire a consultant to revise professional engineering documents for the City; and WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has negotiated an agreement with G. Batista & Associates who was one of five (5) consultants previously selected to perform professional services for the City. WHEREAS, the City Manager has negotiated the price for the services to be rendered which does not exceed the sum of $5,600. WHEREAS, the total expenditure is not to exceed $5,600; and 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 pay G. Batista & Associates, for an amount not to exceed $5,600 in accordance with the form of Professional Service Agreement that was approved by the City Commission by Resolution 186-13-14004, to revise engineering documents for Bus Shelters. Section 2: The expenditure shall be charged to People's Transportation Plan Tax Fund account number 124-1730-541-6490, which has a balance of $1,658,000, before this request was made. Section 3: If any section clause, sentence, or phrase ofthis 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 ofthis resolution. Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ___ day of ______ , 2016. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Edmond Commissioner Liebman Commissioner Welsh ~ G.BATISTA & ASSOCIATES G. Batista at Associates PROPOSAL OWNER: Grizel Martinez, E.I. Engineering & Construction Division City of South Miami 4795 SW 75 th • Avenue Miami, FL 33155 DATE: October 20, 2015 EMAIL/CONTACT INFORMATION: BRIEF SCOPE OF WORK: ArchitecturallEngineering work as described below JOB ADDRESS: South Miami, FL DESCRIPTION PART I Provide Architectural and Engineering design for above-mentioned property as follows: • Provide a design review to the bus shelter plans in order to determine if the updated wind speeds and codes have affected the design of the bus shelters. • Provide structural calculations. • Provide updates as needed to the bus shelter in CAD. • Print out and Provide 3 copies to the client signed and sealed. • Other o 3 signed and sealed sets of drawings and calcs PART II Provide Architectural and Engineering design for above-mentioned property as follows: • Provide additional engineering services to perform the following: o Coordinate with Owner to determine the new size/configuration of the foundation as needed. o Provide the necessary plan updates and calculations. Print out and Provide 3 copies to the client PART III Provide alternate roofing system: Specifically Excluded: • • DRC requirements that are not part of this scope. At this time, we are attempting to determine what these requirements are. MEP Engineering GB&A 10400 Griffin Road, Suite 201 Cooper City, FL 33328 Office: 954.434.2053 Fax: 954.434.2056 www.gbanda.com • We will not include hot water on this project • Security design, Window design • Roofing, Fire alarm • Photometries • Any design not specifically mentioned in this proposal and any items outside the building footprint-(ie, Civil Engineering (such as streets, drainage, etc.» Price: $5,600 (PRICE GOOD FOR 10 DAYS ONLy) 2 This proposal is for the use of the design in one location. There will be arepeat charge of $2,500 per different location. ADDITIONAL PROVISIONS: +Work shall begin after we receive a copy of this signed proposal (to our fax 954-827-0670) to GB&A (herein known as "Consultant") Schedule of Payment: $3,100 $2,500 Upon Signing Agreement Upon 100% completed plans + This Does Not include running plans through the City nor delivery of documents for correction. Ifwe are chosen as the General Contractor, then this service will be provided by us. However, this proposal includes extra time involved in correcting items specified by City revi,ewers. Consultant shall not be required to sign any documents, no matter the source of the request, which would in any manner result in Consultant's having to certify, guarantee, or otherwise warrant the existence of conditions ofthe project, whose existence the consultant cannot reasonably ascertain. +Does not include additional design items that are added after the date of this proposal and that are not specifically mentioned above.+Arry add'l time (only as requested by Owner) will be billed at $125/hr for principal and technician's time plus out-of-pocket costs. +Site visits are not included and shall be charged at the same rate. +Invoices are due upon presentation and shall be past due 30 days after presentation. Failure to make payments may result in work being stopped on this project. Past due statements shall include interest from the date of invoice at a compounded rate of 1% per month. The client shall be liable for all cost of collection of delinquent fees, including attorneys fees. This proposal does not include cost to uncover existing conditions that need to be known to accomplish proper design. Equipment used to perform our inspection will be billed at cost plus 15% + It is the responsibility of the Owner for delivery of plans to and from Engineer, the City or other. Plans shall be picked up at the office or we can send via US Mail+ All agreements, changes, or additions shall be in writing signed by Consultant and Owner. +Either Party, for whatever reason, may terminate this agreement with 3 days written notice. You will be required to pay for all services up to the termination date. lfthe terms and conditions of this proposal are acceptable, please sign and email or fax this document to us. We will not commence the project until we receive signed agreement and retainer + In an effort to resolve any/all disputes which may arise out of the performance of the parties obligations hereunder, the client and consultant agree all disputes between them arising out of or in any manner relating to the performance oftbe services hereunder shall be submitted to non-jury trial. If there is ever any dispute under this agreement, the prevailing party will be due fees and reasonable attorneys cost from the non-prevailing party.+ Reproduction for additional sets (over and beyond base contract obligations) will be charged at cost plus 15%. However, the owner will receive pdfs of the plans free of charge. Agreed, Date PrintNarne Position Signature EMAIL TO GBATISTA@GBANDA.COMORFAXT0954-827-0670 GB&A 10400 Griffin Road, Suite 201 Cooper City, FL 33328 Office: 954.434.2053 Fax: 954.434.2056 www.gbanda.com RESOLUTION NO.: 186-13-14004 A Resolution authorizing the City Manager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with, Milian, Swain and Associates, Inc., Indigo Service Corporation, O'Leary Richards Design Associates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design StudiO, Inc., REE Consulting, LLC. dba G. Batista and Associates 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; Milian, Swain and Associates, Inc., Indigo Service Corporation, O'Leary Richards Design ASSOCiates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design Studio, Inc., REE Consulting, LLC. dba G. Batista and Associates; 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 (Consultanfs Competitive Negotiation Act) Milian, Swain and Associates, Inc., Indigo Service Corporation, O'Leary Richards Design Associates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design Studio, Inc., REE Consulting, LLC,dba G. Batista and Associates. A resolution shall be presented to the Commission for approval of each project to be awarded in the future to a selected firms. 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 ofthis resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd dayof September ,2013. APPROVED:%M iJ-Jlth COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea City of South Miami PUBLIc WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 TO: Steven Alexander, City Manager FROM: Jorge l. Vera, Capilallmprovement Project Manager DATE: September 3,2013 South Miami 2B01 Resolution: A Resolution authorizing the City Manager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with Milian, Swain and Associates, Inc., Indigo Service Corporation, O'Leary Richards Design Associates, Inc., Rosenberg Gardner Design Group, Inc., Curtis + Rogers Design Studio, Inc., REE Consulting, LLC. dba G. Batista and Associates for the following professional services: Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Background: On June 4, 2013, the City Commission approved a Resolution (#120-13-13938) authorizing the City Manager to negotiate hourly billing rates and to execute a Professional Service Agreement with the firms that were selected from our request for qualifications RFQ # PW-S2013-04 for Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Of the 24 firms selected, City staff has met with and reviewed the proposed hourly billing rates for the above referenced firms. After negotiating an acceptable hourly billing rate with the firms, the firms entered into a Professional Service Agreement in order to provide professional engineering services to the City at the agreed hourly billing rate for future projects. In an effort to provide transparency and accountability, the hourly billing rate per job classification is based on FOOT's Consultant Wage Average Report for the pertod of May 2012 to May 2013 (see 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 District 6 which encompasses Miami-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 multiplier. Upon further future negotiations, additional firms will be presented to the City Commission for their approval. • Milian, Swain and Associates, Inc. -Civil Engineers • Indigo Service Corporation -Architects • O'Leary Richards Design Associates, Inc.-Landscape Architects • Rosenberg Gardner Design Group, Inc.-Landscape Architects • Curtis + Rogers Design StudiO, Inc.-Landscape Architects • REE Consulting, LLC. dba G. Batista and Associates -Structural Engineers Upon approval of the Professional Services Agreements by the City Commission, City staff will request quotes for City projects from individual firms on a rotating basis and in accordance with Florida Statutes 287.55 CCNA. The quotes will be negotiated based on the scope of a project, duration and the contractual hourly billing rate. Upon the City staff negotiating a final cost to perform the required project, a resolution will be presented to the City Commission for their approval. Please note that the execution of these Professional General Service agreements does not commit the City to any maximum amount of fees nor guarantee any work. Attachments: Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CD Listed consultant hourly billing rates FDOT Consultant wage average report Resolution 120-13-13938 Sunbiz i I Agent ~Brjdgel :hjef :hief Chief Chief I IComputer :ADD/( T :EI I: Plant GEl Assist CEI Bridge I Jobclass I i ;EI I:lrldge Project AI . i CEI tlnoge leEI ICEI leEI , : Aide EilTS C:E Proj. Admin" Res. C eEl Senior eEl SeniorlTS eEl Senior Eng neer I Intern i . Intern i Eng.lCEI ,Spec. Typist 1 ecnniclan Field Crew I I I I<3!S IITS Florida Department of Transportalion Professional Services Information System Consultant Wage Rate Averages Report by Job Classification For Job Class Wage Rates Uploaded from Automated Fee Proposal(AFP) Spreadsheets Forthe time period from 24MAY2012 to 24MAY2013 FOR DOT DISTRICT 6 District 6 Wage Rate Statistics Rate S ,n 25~~,. $28.00 $13.50 ;26.21 ,., 75~~1' ()~~~~" I tEng. . Intern ;68.51 ;54.00 $33113 ;33.1U ;32.71 ;22.7' DO 1.6! :.00 .30 ?( 1 ,26.2 :19.38 :753. ,32.37 $:!1. $:!5. 9. ,13.63 '30.0C ,31.04 119.84 ,23.15 ,16.25 ~?o.?r ,28.52 $28.00 $13.50 ~oo ;26. ;26.21 ~ ,78.53 ;67. ;68.51 ;68.5' ;68.51 ,25.2 ,49.00 ~34 ::I? ~ '1.1 '18.0C '33.5C ,70.78 $33, '35.S: '28.5! ,2U.78 ;27 lR no ;49.00 ,35.44 ;38.67 ,1~OO $30. $66. ,22. '18.0C ,31.0C ID.38 ,21.88 $, 1.6: $2:.76 $; i.2~ ,54.00 $33.69 ;33.39 i24.0C ;31.50 ;3' .8t :19.54 ,18.00 ;]\1.38 $25.34 ;2~ ;2' . ;25. ;19. JO ;13.63 ,3U.UU ;31.04 ;1~.84 ;23.15 ,16.25 , Rate 75% Unit i28.( i26. ;2, .. 2' ;36.1 1 .73If ;73.19 ;68.51 ,68.5' 'Hr. ;62.97 Hr. ,3:: P22 i1f ,3Loe ,42.61 ,2U.U2 ;33. ;27.99 ~ .30.1' ,21.3, ;23.bO ;14,;>8 53r $32 $16.25 $21.81 $33.17 ,Hr. 17.00 Hr. iHr. '24.00IHr. IHr. IHr. IHr. IHr. IHr. ,4' ro ,20.50 116.00IHr. ,31.0UIHr. '33.50IHr. IHr. IHr. IHr. IHr. ,21.50 Hr. lr. ,33.77 Hr. ;21 i34. i28. i15.05 Hr. ir. ;34.50IHr. ?Q i24.00 Hr. ;1fi i37.b4 Hr Rod Senior rlTS • 3erio~ jenlor ISenior 1 Officer I Person tility r&~ Intern r& 1 ,Aid • $40.8() ;34.60 ;11.33 ,17.00 10.1( !7.21 ;1.70 $37.13 519 ,13.0U $26.41 $18.B2 $16.98 • ,4.7~ $46.19 i1.B: 73.7 45.BC ;11.8~ '12.4E .11.33 ;ZH.7' G34-:92 :?? '1! Bf 1'17.( 11. ,37 ,1b.6 ,30.0< $19.B1 $17.m ,25.1 14.42 '1.B4 ~ • 50.24 ,37.97 ,f7:5l ~E $23.0( $19.00 11 ;1.62 '25.0C ~37.13 '.9 ~.OC m:oc rn:m ~1B.B' $16.91 • $42.86 $56.25 ;33.15 'YRm ;11.22 ,21 . 1( IB.44 ~~~ ?R S26. i29. 72 1.561 ,47.1 1,2S .14. $17.~ ,11.95 ;33.47 Hr. .20.00 Hr Hr. $, . $: '27.85IHr ,21 7:lIHr. '47.B' IHr . '51.5~ IHr. ::~ I It- ir • • • • • • •. RESOLUTION NO.: 120-13-13938 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", for the following professional services: Archilecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter Into service agreements for professional services for the following categories: Architecture; Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering; and . WHEREAS, on April 26, 2013 a request for qualification RFQ #PW-S2013-04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty-three (33) firms; and WHEREAS, pursuantto Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the firms were ranked; and WHEREAS, the City selected a five (5) qualified firms for each category to provide the professional services to the City as follows; and Civil 1. EAC CONSULTING, INC 2. CIVIL WORKS INC 3. ADA ENGINEERING, INC 4. SRS ENGINEERING, INC 5. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS NA lrIOI~AIJHJ ROSS 2. THE CORRADINO GROUP 3. MARLIN ENGINEERING 4. C H PEREZ CONSULTING ENGINEERS, INC. 5. URS Architecture 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL & PARTNERS 3 SOL-ARCH, INC 4 R.E. CHISHOLM ARCHITECTS, INC 5 INDIGO SERVICE CORPORATION Environmental 1. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3. STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC. 5. LANGAN ENGINEERING Structural 1. SRS ENGINEERING, INC 2. G BATISTA & ASSOCIATES 3. STANLEY CONSULTANTS, INC Landscape 1. O'LEARY RICHARDS DESIGN & ASSOCIATES 2. BERMELLO AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 4. CURTIS + ROGERS DESIGN STUDIO, INC 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Commission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. 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 negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW-S2013-04 in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act). • • • • • • • • Pg. 2 of Res. No. 120-13-13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4 th day of June , 2013. ORM ECUTION COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea • • TO:, FROM) D,ATE(, Resolution: " " • C,lty of Sputli ,JIIIla,!l11 PUIlLIC WORKS & ENGINEERING DEPARTMENT 41,95 SW 7S11i AvenUe Mlaml,FL 3.3155 Tel. (305) 663'6350 Fa~, (~05) 668"7208, Sleyen Aleximdar, City Manager JorgeI-, Ver;l, Qapi\allmproyem.enJ Prpj\ict Mahaaer J~ne4, 2012 <, ,L ~ • A Resolijtion of the Cily of South Miami, F'lorid$, aIllhtJrlzl~g ,t~e CllyManager titnegatlate houriy ra,tesand to exeoule a, profesSiol1a1 ~eNice' agteemeniproliided under'lhe Florida Sistote 287,055 (Consultant's Comp_tillve Negotiation, Actl 'CCNA", for ArChitecture; Lahdscape Archltectllre: Civil/Environmental Engineering, Traffic and TrailSportation Englneeilng pl'Clfessiolial s¢rvlc~s. On April ~e, 2013; the CItY recelve~ ;3,3 sOlicillatl!>n".In r~~poJ)se f!>,lbe request for qUalifications RFQ#PW-S201:3-04 ,lor' ,Architecture" ,L,anliscap~' Architecture, Glvlj/Eijvlroijmeptaj Eijglneerin9,· T[aff.lriiln~: T'l'ns,port~tIOl).' E~.9ineer[ng prafessional sarnlces. ' , Thla Inlant. 'of tM CCNA Is to salec\pJ<lfessJo!lal serviCeS basecj. o,"tb,~ ,q~ali~c".tions of the firm:, without Qonsl~erlng the price pf thcise sEi!VJces'uO~J 'afl!!r<\heJlrms:heve been ranked; Ranking is, basad 'on 'qualifICations 'and negotiations haVe beg~n with the tQp ranked firm. Professional deSign services are deflni>d under Ihi~ law to InclUde engineering, survaylng & mapping, landscape architecture, and architecture, Numerous studies have shown that selection based on quatlflCations provides the owner with optimum services, whereas selection based on low price only assures the oWner of the least expensive Initial design or study cosl, not necessarily the best or Inos,t cost-effective over the life of the project. Public agencies thaI use quallilcations based selection under the, CCNA to procU're engineering services are better .ble to control construction costs and achieve a consistently high degree of project satisfaction \han those using other procurement' methods, Therefore, the setecilon of firms Will be based on qualiflcalions and once firms aiB setected, thi'" campaliti"" negotiations for fees will occur, ' Further, the Intent Of Ihe CCNA legislation has always been to preclude "price consideration" from entering into the selection process. The Florida Legislature clarlfied the statute in 1988 t6 state that an "agency may request,accepl, and consider proposals for the compensation to be paid under the contract only during the competitive negotiation." In accordance with Florida Statute 287,055 (Consullant's Competitive Negotiatibn Act) "CCNA", the review committee ranked the firms within the categories of Architecture, Landscape Architecture, Clvll/Envlronmenlal Engineering, TraffiC and Transportation Engineering, The tap 5 firms for each category are listed below In order of their ranking, Traffic S. Transportation. . .. '1, TV LlNINTERNA:r'ONA~IH~ Rqss 2.. THE QORRADINO (3;FlOlJP • ~: ~JM~~~~~~~~Nl~~G ENGINEERS, INC'. '5. URs ArelijtiictU$, . . ······1 MCHARi;lY·ASSOCIAT6S ·2 a~RMl>t(q AJAMIL &r?ARTNERS 3 SOL,ARqH, INC ... ' ... 4 R.E .. CHISIiOLM ARCHITECTS, INC 5 INOIGO·SERVICECORPORATION Environmental.. . 1 ~:itl~J~%t~~~61~~b~~A~~~INEERS, PLANNERS 3. sTANLE;Y CONSULTANTS, INC 4: aA!-JET eNViRONMENTAl" INC. :5~ LANGAN ENGINEElRING Landsoape. 1.. O'LEAFlY RICHARDS.pESIGN& !\SSOCIATE.S z. BERME~LO AJAfinIL.a. PARTNERS; 3. ROSEt/BE.RG G!\RDNERDESIGN 4.. CURTIS+ ROGERS DI;SIGN STUDIO; INC 5. KIMLEYHORN&ASSOCIATES . City. staff will· be submitting, at a future regular CommiSSion meeting, thE; completed Professional General Seryfoes Agreements for Commission approVal, for each ranked firm'~ which will inClude negotiated hou·riY"ratas. The exec'utiori of tnese Professional Gen.eral Service agreements does riot commit the City to any maximum amount Of-fees nor guarantee any work. Upon selection of" the firms, Ihe City will negoti"ate. hourly: rales that are acceplabJe 10 the City and w"ithin industry s·laridards, Upon Ihe City .arid firm negotlaling a cost to perform the reqUIr.ed scope of .a preject, a resolution will be bw.llght before the City Commission f.or approi/al of the .service agreement Attachments: Proposed Resolution Evaluation selection sheet Siandard professional service agreement (,jl .. South~iami CITY OF SOUTH MIAMI TRANSMITTAL THE CITY OF PLEASANT LIVING To: FROM: DATE: Thomas F. Pepe, City Attorney Steven Alexander, City Manager Maria M. Menendez, City Clerk Ricardo Ayala, P .E. January 5, 2016 Attached, for signature, is the following item: • Professional Service Agreement for G. Batista & Associates This item requires signature from the following: V City Attorney __ City Manager __ City Clerk This consultant was approved by Commission within the CCNA list of consultants. The Professional Service Agreement requires full execution to proceed with resolutions approving the consultant or services for the City. PROFESSIONAL SERVICE AGREEMENT General Services THIS AGREEMENT made and entered into this __ day of , 20_ by and between the CITY Of SO\JTjI MIAMI, a political subdi lsi n of the State of Florida and ~/; £ I.\.:n 14. ,II ~~':'thorlzed to do business In the State of Florida, to as the "CONSULTANT'. In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH MIAMI, through its City Manager, agrees to add e CONSULTANT to the City's roster of professional service providers for a period ending on -zo and the CONSULTANT agrees to be available, continuing basis. to perform professiona services in connection with project(s) where the basic estimated construetion costs of each individual prolect does not exceed $2.000,000.00 or where the individual study does not exceed $200,000.00, herein alter calied 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 project, 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 sole 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 engineers. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the City of South Miami, nor does it obligate the City of South Miami in any manner to guarantee work for tho CONSULTANT. The CONSULTANT may submit proposals for any professional services 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 Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that It will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to b. performed under this AGREEMENT promptly after each Notice to Proceed. Page 1 of36 Professional Service AGREEMENT Tpepc©07-31-13 (Revised SK 4-3-13, GM 6-18-13) 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 CITY may designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly. to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 . The CITY agrees to issue all directives and approval in writing. 2.0 Professional Services 2.1 General 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 building and facilities. 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 dally volume counts. data analysis, preparation of conceptual Improvements plan. present reports and recommendations to stakeholders and preparation of final traffic engineering report. 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 caples 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 reproducible hard copy and diskette of plans in the requested format. H. Registered Surveying and Mapping Other incidental services associated to the above items. Page 2 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK4-3-13, 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 2.2.6. The scope outlined below Is applicable In Its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to prOVide complete professional services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to cowordinate 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 I-Prelimlnao:y and Schematic Design: A. The CONSULTANT shali confer with representative, of the CITY and the end user to determine 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. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C, The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studle. (unless advised otherwise) as defined below, and the Statement of Probable Construction COSt. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding. construction, and proposed date of completion. E, The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blowup of the Site (If applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as reqUired to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate 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. Page 3 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) I. The Statement of Probable Construction Cost shall include estimated cost of the Project Including fixed eqUipment. professional fees, contingencies (if any). escalation (actors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (If applicable). The CONSULTANT'S opinions of probabie 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 olall 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 II -Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents. comprising the drawings, outline speCifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise. the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY 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 III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase II! -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 including 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 (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. 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. AI! draWings shall be rage 4 of36 Professional Service AGREEMENT TpepeIO07-31-13 (Revised SK 4-3-13, GM 6-18-13) on 24" x 36" paper ("0" size). on the CITY's standard sheet format. 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. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements. or gener-al market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the documencs 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 III will not be issued If the latest Statement of Probable Construction Cost exceeds the total allocated funds. unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enabie construction within the project budget. G, Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings. specifications. reports. programs. etc., without additional charge. for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I, The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H) if the changes or additions do not alter the :5cope 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 a minimum of 30 sets of drawings and specifications, without additional charge to the CITY for bidding purposes. unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" andlor make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary. to ascertain that the Construction Documents meet the neces'sary reqUirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agencies, The CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV -Bidding and Negotiation Phase: Puge 5 of36 Professional Service AGREEMENT Tpcpc©07-31-13 (Revised SK 4-3-13, GM 6-18-13) A. Upon obtaining all necessary approvals of the Construction Documents. and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as Indicated above for bidding. and assist the CITY in obtaining bids as well as awarding and preparing construction contracts. The CONSULTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally. evaluate and issue a recommendation to the CITY after verifying bond. insurance documents. questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriate to clarify. correct or change Bid Documents. C. if Pre-Qualification of bidders is required as set forth in the Request for Qualification. 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. Approve the Increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality. or both. as approved by the CITY and rebid the Project. or 4. Suspend or abandon the Project. or 5. Exercise all options under the City Charter and State Law. NOTE: Under item (2) 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, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bid is over 15% of the CONSULTANT estimate. 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. Relection of bids by the CITY does not constitute cancellation of the project. 3.2.5 Phase V -General Administration of the Construction Contractj 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. I B. The CONSULTANT. as the representative of the CITY during the Construction Phase. shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided In the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. Page 6 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. GM 6-18-13) C. The CONSULTANT shall attend pre.constructlon 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·slte observations. the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the gener.1 status and progress of the WORK, and shall submit same In a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate. the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend. approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, 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. 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 olthe project. H. The CONSULTANT $hall have an affirmative 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. I. The CONSULTANT shall promptly review and approve shop drawings. samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders Page 7 of36 Professional Service AGREEMENT Tpcpe©07·31·13 (RevisedSK 4·3·13, GM 6·18·13) initiated by others. and initiate proposed change orders as required by its own observations or the requirement of the CITY. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch list of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees. operating and maintenance manuals for equipment. releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to. I) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems. and. 3) final clean-up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. 2.2.6 Phase VI -Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY. outlining the implementation plan of all the reqUired maintenance necessary to keep the proposed WORK operational In a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record (~s·bujlt) drawinp updated based on information furnished by the Cootractorj such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction. The CONSULTANT shall assist the CITY 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 "Clo,e-out Documents" that will Include. as a minimum, a copy of: • Certificates of completion • As-Builts (112 size) • ' Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop draWings • Warranty manuals as applicable • Final release of liens Page 8 of36 Professional Service AGREEMENT TpepC©07-31-13 (Revised SK 4-3-13, GM 6-18-13) • Final payment to contractor 2.3 Additional Professional Seryice$ Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction. as defined in this AGREEMENT, but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming reqUirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment. which are not intended to be constructed as part of a specific Project. E. SerVices to Investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof. or to verify the accuracy of drawings or other Information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys Itemizing all material. eqUipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction. and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK. providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause Is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are Inconsistent with written approvals or Instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full-time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding In connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data. drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the control of the CONSULTANT. Page 9 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) 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. 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. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT. with the understanding that written confirmation will follow Immediately thereafter 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 CITY 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 CONSULTANT: Page 10 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. GM 6-18-13) Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the service. rendered pursuant to this AGREEMENT, fees in accordance with the following: Catell°O:Y Principal Project Manager Senior Engineer Engineer Construction Manager Construction Inspection Senior Draftsman/TechnlcallCADD Operator Draftsmen Data Processing I Clerical Hourly rates will include all wages. benefits. overhead and profit. Page 11 of36 Professional Service AGREEMENT Tpepe©07.31·13 (Revised SK 4·3·\3, GM 6·18·13) Hourly Rate $210 $150 $175 $150 $100 $100 $85 $80 $65 --------------- 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and 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 II. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Ph .. e III. o 75% upon 100% completion and approval of Phases III and IV. o 90% upon completion of the Project and approval of all WORK Phase V). • 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative 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. o Total Contract amount (CONSULTANT's lump sum negotiated), lfapplicable. • Percent of work completed. • Amount earned. o Amount previously billed. • Due this Invoice. • Balance remaining. o Summary of work done this billing period. • Invoice number and date. o CONSULTANT's W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroli data for the WORK reflecting salaries and hourly rates. 6.0 Riehe of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services. and the character, quality. amount and value and the representative's decisions upon all claims. questions, and disputes shall be final. conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur In the Judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager .nd shall .bide by the decision of the City Man.ger. 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. 7.0 Ownership of Documents Page 12 of36 Professional Service AGREEMENT Tpcpe©07-31-13 (Revised SK 4-3-13, GM 6-18-\3) All reports and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and leg.1 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 CONSUL TANT to prepare for or appear In litigation on behalf of the CITY without additional compensation 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 of the improvement contemplated as to interpretation of plans. correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9.0 Notices Any notices. reports or other written communications from the CONSULTANT to the CITY shall 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 Richts 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 flnal payment Is made. This provision is applicable only to projects that are on a time and cost basis. 11.0 Syblettlng The CONSULTANT shall not sublet, assign. or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 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 solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee. commission. percentage fee. gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty. the CITY shall have the right to annul this contract without liability. 13.0 Termination of AGREEMENT Page 13 of36 Professional Service AGREEMENT Tpepo©07-31-13 (Revised SK 4-3-13. GM 6-18-13) It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for 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 CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination (or which no work was performed. 14.0 Duration of AG REEMENT 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 This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional period not to exceed a total contract period, including renewals, of five (5) years. 16.0 ~ In the event either party falls 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 litigation 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. 17.0 Insurance and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance 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 1$ 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 appllcabie to this AGREEMENT. 20.0 illI..tl Page 14 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) CONSULTANT shall be responsible for all payments of federal, state, andlor local taxes related to the Operations, inclusive of sales tax If applicable. 2 1.0 Drug Free Workplace CONSULTANT shall comply with the Drug free Workplace policy set forth in attachment # two 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 CONSULTANT shall secure all necessary business and professional licenses at its sole 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 Inwriting and signed by both parties hereto, and approved by the City Commissioner If required by municipal ordinance or charter. 26.0 lury T rjal CITY 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 therounder. 27.0 Yaljdity of ExecYted 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. Page 15 of36 Professional Service AGREEMENT Tpepc©07-31-13 (Revised SK 4-3-13. GM 6-18-13) 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, 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, colort national origin, religion. sex. familial status. ethnlcity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 E'1ual Employment In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color. ethnlcity, 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 Governine laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 34.0 Effettlve Date This AGREEMENT shall not become effective and binding until It has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third Party Benefldary 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 AGREEMENT. Page 16 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force Maleure 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. Each 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 conformation or If by certified mail, the date on the return 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: To CITY: With copies by U.S. mail to: To CONSULTANT: City Manager, 5-1--e,,~ ~""a"c- 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 e .. mailj tpepe@sQythmjamlfl roy Page 17 of36 Professional Service AGREEMENT Tpepe©107-31-13 (Revised SK 4-3-13, GM 6-18-13) IN WITNESS WHEREOF, this AGREEMENT is accepted on the date fo t and conditions set forth herein. ATTESTED: By: -,-:_.,.,-,.,----,,--"""':___ Maria M. Menendez, CMC City Clerk '" ,/"/ ,f Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) CONTR.F'1~ Page 18 of36 Attachment A Insurance and Indemniflcation Page 19 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. OM 6-18-13) Insurance and Indemnification Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) 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 FIRM, from cla.lms which ma.y arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be Issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation. disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodliy Injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury. sickness or disease. or death of any person other than the FIRM's employees; (d) claims for damages Insured by usual personal Injury liability coverage; (el claims for damages, other than to the Work Itself, becau,e of Injury to or destruction of tangible property, including loss of use resulting there from; (I) claims for damages because of bodily Injury, death of a person or property damage arising out of ownership. maintenance or use of a motor vehicle; (g:) claims for bodily injury or property damage arising out of completed operations; and (h) claims Involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Flrm)s UabiUty Insurance: A. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: (I) 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 FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained (or four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase SpecifiC Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. (2) Workers' Compensation Insurance at the statutory amount as to all employees In compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. (3) Commercial Comprehensive General Liability Insurance with broad form endorsement, as well as 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: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per personj • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim Umbrella Comprehensive General Liability insurance shall be Page 20 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) written on a Florida approved form with the same coverage as the primal·Y insurance policy but in the amount of $1.000.000 per claim and $2.000.000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy. without restrictive endorsements. as filed by the Insurance Services Office. and must include: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion. Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (I) Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless andlor indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exe/uslons removed. with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. (4) Business Automobile Liability with minimum limits of One Million Dollars ($1.000.000.00) plus an additional Five Million Dollar ($ 5.000.000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the state of Florida. and must include: (a) Owned Vehle/es. (b) Hired and Non-Owned Vehie/es (c) Employers' Non-Ownership B. Before starting the Work. the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance. acceptable to the CITy. as well as the Insurance binder. if one is issued, the insurance policy. including the declaration page and all applicable endorsements and provide the name. address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide. latest edition and authorized to Issue insurance in the Stat. of Florida. All insurance poliCies must be written on forms approved by the St.te of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM must provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver. at the time of delivery of the Insurance certificate. the following endorsements: (a) an endorsement to the policy stating: "The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to provide first notice of claim for any liability it incurs and that arises out of the acts. omissions or operations of the named Insured. The Insurer will pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury". 'property damage' , or "personal and advertising Injury" and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (b) an endorsement that states: "This policy shall not be cancelled (including cancellation for non-payment of premium). terminated or materially modified without forst giving the City of South Miami 20 days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mall. with proof of delivery to the City." C. SUBCONTRACTS: The FIRM agrees that If any part of the Work under the Contract is sublet. the subcontract shall contain the same Insurance provision as set forth in section A and B above and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverace Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract Involves the construction of a structure by the FIRM. the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/All Risk Property Insurance on buildings and structures. while In the course of construction. including Page 21 of36 Professional Service AGREEMENT Tpepe©07-31-J3 (Revised SK4-3-J3. GM 6-18-13) foundations, additions. attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the tost of machinery is included In the Contract, or if the machinery Is located In a building that Is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the Insured property. The policy shall be in the name ofthe CITY and the FIRM. as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section B hereinabove shall apply to this coverage unless It would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage Is issued by the Insurance company or should any Insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for sec:uring other acceptable insurance prior to such cancellation. change. or expiration so as to provide continuous coverage as specified In this section and so as to maintain coverage during the Iile of this Contract. The CITY shall have the option, but not the duty, to pay any . unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability on the part of the CITY to the FIRM for such cancellation. B. All deductlbles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable. shall expressly provide that such policy or policies are primary over any other collectible insurance that 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. Indemnifjcatlon: A. The FIRM shall Indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the FIRM. Its agents. representatives. employees. Sub-Contractor. or assigns, Incident to arising out of or resulting from the performance of the FIRM's professional services under this AGREEMENT. The FIRM 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 FIRM. Its agents, representatives. employees, Sub.Contraetor, or assigns, Incident to, arising out of or resulting from the performance of the FIRM's professional services under this AGREEMENT. B. The FIR.M 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 FIRM. Its agents. representatives, employees, Sub-Contractors. sub-contractors, or aSSigns. In reviewing, approving or rejecting any submissions or acts of the FIRM, the CITY In no way assumes or shares responsibility or liability of the FIRMS, Sub·Contraetors, their agents or assigns. Page 11 of36 Professional Service AGREEMENT Tpepe©07 ·31·13 (Revised SK 4·3-13, GM 6.18·13) Exhibit 2 II Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page 23 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK4-3-13, GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1. Respondent's Sworn Statement under Section 287. I 33(3)(A), Florida StatUtes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITY, and shall agree not to undertake any other private representation which might create a conflict of interest with the CITY. 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 sole discretion. The CONSULTANT selected will be reqUired to enter into a formal AGREEMENT with the CITY In a form satisfactory to the CITY, 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 Attachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall b. completed and provided with the proposal submittal. Page 24 of36 Professional Service AGREEMENT Tpepe©07 -31-13 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS 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 I.as.s of r.al prop.rty 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 lise'. The award of any contract hereunder is subject to the provisions of Chapter I 12, 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 PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBliC OR OTHER OFFICIAL AUTHORIZED TO ADMIN~:R OATHS. • I. This sworn statement is submitted to ,]j 4lO~l [print name o(the public entity1 by [print Individual's name and title] G~e.cn~ ~S { ~ [printnameo(entitysubmittingswornstatement] W .l* 9 -by. (9MJ. ,. for whose business address is lNOO~ Ib ",,'24 and (ifapplicable) its Federal ..., < f I 3."? UCt Employer Identification Number (FEIN) Is _.e"'=()~-.. ~::::..;:.,.:..~.::~:....!r!...-,:-,_-,-__ .,...- (If the entity has no FEIN. include the Social Security Number of the individual signing this swornstatement:' ____________________________________________________ ~) 2. I understand that a "pUbliC entity crime" as defined in Paragraph 287.133 (I )(g). 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 to • any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud. theft. bribery. collusion. racketeering. conspiracy, or material misrepresentation. Page 25 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, OM 6-18-13) 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: (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 public 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 any 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 a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 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 the provision of goods or services led by a public 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 applies.] d 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 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 Adminiscrative 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.) Page 26 of36 Professional Service AGREEMENT Tpepe©07 -31-13 (Revised SK 4-3-13, GM 6-18-13) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES. FO CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FOR Sworn to and subscribed before me this ~~. dayof.20~ -------------~ersonally known or Produced Identification (Type of identification) (Printed. typed or stamped commissioned name of notary public) Page 27 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. OM 6-18-13) Notary Public -State My commission eXPires~~,1o 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 workplace 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 specifoed In Subsection (I). 4. In the statement specified In Subsection (I). 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 (5) days after such conviction. 5. 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 th •• ~"tem,erjt. I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: Page 28 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this ~ay of -"~"",,fX\",-, _____ ,20~ 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 CITY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the CITY, for the performance of all requirements to which the response/submission pertains. The full-names and residences of persons and flrms interested in the foregoing bid/proposal, as principals, are as follows: The CONSULTANT further ce,·tifie •• tHat this response/submission complies with section 4(c) of the Charter of the City of South Fiorida. That. to the best of its knowledge and Mayor or other officer or employee of the CITY has an interest directly or the profits or emoluments of the Contract. job. work or response/submission pertains. Signature: Printed Titie: Telephone: ,; . Company Name: ~~Z90f36 Professional Service AGREEMENT Tpepe©07 -31-13 (Revised SK 4-3-13, GM 6-18-13) NOTARY PUBLIC: STATE OF COUNTY OF ~ N WANDA aUINTANA M:~!~~Ub:~C ~ Sfr:te 01 Florida Co '. Piles JUI 30, 2016 80llfJ mmlSSlOn # EE 203093 '" Nallonal Page 30 of36 Professional Service AGREEMENT Tpepe©07-31-I3 (Revised SK 4-3-13. OM 6-18-13) The foregoing Instrument was acknowledged before me this -U-day of -'~"''!'':!'-_______ .20(~ SEAL (name of person whose sig~re Is being notarized) who is __ Personally known or __ Personal Identification Type of Identification Produced "'''''''''' 01>'" ",R'I' "V8.';" WANDA QUINtANA .. ~t>~Nt (. : ... i. 0 ary Public· State 01 Florilla \<1)'. "·!(,i My Comm. E"plr8s JUI30 2016 -:''9'~ [IoS'I Comml I • "" o~ ,\..0,," 8& on (I Ee 203093 "/flllll~ BOnd d Til e rouglJ National NoliI)' Assn. Page 31 of36 __ Did take an oath. or Old Not take an oath . (Name of Notary Public: Print, Stamp or type as commissioned.) Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" ---=--lL!.-----. (Name of Contractor). hereby acknowledge and agree that 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 the City of South Miami against any and all liability. claims. damages, losses and expenses they may Incur due to the failure of (subcontractorls names): to comply with such act or regulation. CONTRACTOR BY: Page 32 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13. GM 6-18-13) WANDA QUINTANA NOlary Public. St21e of Florida My Comm. hpJres Jul 30, 2016 Commission # EE 203093 Bonded Through National NOlary Assn. Witness l,U~&"I\~ Title Page 33 of36 Profession.1 Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #5 ~a.;'RElf'TED PARTY TRANSACTION VERIFI~ON FORM" -----=~ ... Vlt;_".,. .. ,..,'-'-,..::..;~::----, individually and on behalf of ~ ("Firm") [Na of Representative] [Company/Vendor/Entity] have read the City of South Miami (CITY)'s Code of EthiCS, Section SA-I of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: 1. Neither I nor the Firm have any conflict of Interest (as defined in section SA-I) with regard to the contract or business that I, andlor the Firm. am (are) about to perform fOf, or to transact with. the CITY, and 2. Neither I nor any employees, officers. directors of the Firm, nor anyone who has a financial interest greater than 5% In the Firm, has any relatlve(s), as defined In section SA-I, who is an employee of the CITY or who Is(are) an appointed or elected official of the CITY, or who Is(are) a member of any public body created by the City 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 (I.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 andlor appointed official or employee of the City 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 andlor your Firm and the CITY other than the following Individuals whose Interest Is set forth folloWing their names: __________________________________________________ ~----~----(usea 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). The names of all CITY employees and that of all elected andlor 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: ________ -,--____________ --,-__ --:-_____ (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). 5. I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our posl'tlon 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 Page 34 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13) 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: (i) 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: ;-_-:::-_-::-_-:-:-::--:-__ :---:(U5e 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 flnanclal interest greater than 5% In that Other Firm, nor any member of those persons' Immediate family (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 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 andlor any penalties allowed by law. Additionally, violations may be considered by and subiect 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 knowledge. In(ormation and belief. Signature: Print Name & Title: Professional Service AGREEMENT Tpepe©07-31-J3 (Revised SK4-3-J3, GM 6-18-13) Date: ATTACHED: Sec. SA-I -Conflict of interest and code of ethics ordinance. Page 36 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13, GM 6-18-13)