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Res No 190-16-14745and RESOLUTIONNO.:190-16-14745 A Resolution authorizing the CityManager to enter into an agreement with Stanley Consulting, Inc.to complete aPhase II EnvironmentalSite Assessment for the SW 64th Street BikeLane& Street Improvements (SW57 Avenue to 62 Avenue). WHEREAS,the Mayor and City Commission wish to provide City road improvements to SW 64th Street; WHEREAS,the City desires to hire a consultant to complete a Phase II Environmental Site Assessment to fulfill grant requirements;and WHEREAS,in accordance with and pursuant to Florida Statute 287.055 for CCNA,the City Manager has negotiated an agreement with Stanley Consultants,Inc.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 $31,905. WHEREAS,the City desires to providea contingency of$3,200over the proposal amount forunknown factors that may arise during the work and for permitting fees;and WHEREAS,the total expenditure isnottoexceed $35,105;and NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized to enter intoan agreement with Stanley Consultants,Inc., foran amount not to exceed $31,905 in accordance with the formof Professional Service Agreement that was approved by the CityCommissionby resolution 151-13-13969 to complete a Phase II Environmental Site Assessment for SW 64th Street.The City Manager is authorized to expend an additional $3,200 over the proposal amount for unknown factors. Section 2:The expenditure shallbe charged to the account number 120-3306-541-3120 whichhasa balanceof $54,130 before this request wasmade. Section 3:Ifany section clause,sentence,or phrase ofthis resolution isforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,the holdingshallnot affect the validityof the remaining portions of this resolution. Section 4:This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 5th day of October 2016. wrftidj- COMMISSION VOTE: Mayor Stoddard Vice Mayor Welsh Commissioner Edmond Commissioner Liebman Commissioner Harris 5-0 Yea Yea Yea Yea Yea South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor&Members of the City Commission Steven Alexander,City Manager October 5,2016 Agenda Item No. Subject:A Resolution authorizing the City Manager to pay Stanley Consulting,Inc.to complete aPhase II Environmental Site Assessment for theSW 64th Street Bike Lane &Street Improvements (SW 57 Avenue to 62 Avenue). Background:TheCity received grantfundsfromMiamiDade County PublicHousingand Community Development (PHCD)alsoknownasaCommunity Development BlockGrant (CDBG)for the SW 64StreetBikeLane Improvements project.Thefocusofthisprojectis the development ofbike laneson SW 64th Street,between SW 57th Avenue and 62nd Avenue.These bikelaneswill provide connectivity to the existing bike lanes onSW57th Avenue andSW 62nd Avenue. Aspart of the grant requirements,and due topossible impacts to the existing drainage system fromtheproject improvements,anEnvironmentalPhase1Studywasrequiredfortheproject. TheCity contracted aconsultantfromtheConsultant's Competitive NegotiationAct (CCNA)list toproduce the requiredPhase I EnvironmentalStudy(Resolution019-16-14574). TheStudywasfinalizedanditconcluded that aPhase2isrequiredduetoanarea that presented ahistory of contamination.TheCity submitted the report to Miami Dade CountyandaPhase2 willbe required to proceed with the project. Per PHCD,no construction shall commence andnofundswill be reimbursed from PHCD until the Environmental Phase2 Study is completed and the City of SouthMiamireceivesan environmental clearance letter from PHCD. StanleyConsultants,Inc.hassubmitteda proposal inthe amount of$31,905toperformaPhase II Environmental Site Assessment for theSW 64th Street Bike Lane Improvement Project. Acontingencyin the amount of$3,200 will beincludedover the proposal amount toaddressfor unknown factors that mayariseandfor permitting fees. In accordancewithandpursuantto Florida Statute287.055for CCNA,Stanley Consulting,Inc., Inc.was one of the firms selected toprovideprofessional engineering services.TheCity negotiatedhourlyrateswiththefirmand entered intoaprofessionalservice agreement with EAC Consulting,Inc.to perform engineering services for the City. Amount:Amou nt not to exceed $35,105 Account:The expenditure shallbecharged$35,105 to the account number 120-3306-541-3120 whichhas a balance of $54,130 before this request was made. Attachments:Resolution Resolution 019-16-14574 Proposal Professional Service Agreement and RESOLUTION NO.:019-16-14574 A Resolution authorizing the CityManagertopayStanleyConsultants,Inc.to complete an environmental study for SW 64th Street (SW 57 Avenue to SW 62 Avenue). WHEREAS,the Mayor and City Commission wish to provide City road improvements to SW 64th Street; WHEREAS,the City desires to hire a consultant tocompletean environmental studyto fulfill grant requirements;and WHEREAS,in accordance withandpursuantto Florida Statute287.055for CCNA,the CityManagerhas negotiated an agreement with Stanley Consultants,Inc.who was oneof five (5)consultants previously selected to perform professional services forthe City;and WHEREAS,the City Manager has negotiated the price for the services tobe rendered,which does not exceed the sum of $5,110;and WHEREAS,the City desires to provide a contingency of$760 over the proposal amount for unknown factors that mayarise during the workandforpermittingfees;and WHEREAS,thetotalexpenditure is nottoexceed $5,870;and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:TheCityManagerisauthorizedtopayStanley Consultants,Inc.,foranamountnottoexceed $5,110inaccordancewith the formof Professional Service Agreementthatwasapprovedby the Qty Commission by resolution 151-13-13969 to complete an environmental study for SW 64th Street.The City Manager is authorized toexpendan additional $760overthe proposal amountforunknown factors. Section2:The expenditureshallbechargedtotheaccountnumber120-3306-541-3120whichhasa balanceof$60,000beforethis request wasmade. Secflon 3:ifanysection clause,sentence,or phrase ofthis resolution isforany reason held invalid or unconstitutional byacourt of competent jurisdiction,the holding shall notaffectthe validity of the remaining portions of thisresolution. Section4:Thisresolutionshallbecome effective immediatelyuponadoption. PASSED AND ADOPTED this 2nd dayof February .2016. APPROVED: MAYOR COMMISSION VOTE:5-0 Mayor Stoddard yea ViceMayor Harris yea Commissioner Edmond yea Commissioner Uebman yea Commissioner Welsh yea South! THE^OrPlEASAfttUVJNfc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: TheHonorableMayor&Members of the CityCommission StevenAlexander,CityManager February 2,2016 AgendaItemNo. Subject:A Resolution authorizingtheCity Manager topay Stanley Consultants,Inc.to complete an environmental study for SW 64th Street(SW 57 Avenue to62 Avenue). Background:Miami Dade's Board of County Commissioners approvedthe Count/s Public Housing and Community Development (PHCD)FY 2015 Action Plan for COBG and HOME funding.It includeda recommendation of$336,000 of CDBG dollars fortheCity of SouthMiami to fund a Public Facilities and Capital Improvement project titled SW 64th Street Bike Lane &Street Improvements (between SW57AvenueandSW62 Avenue). USDepartment of Housing and Urban Development (HUD)requiresan.environmental reviewofprojectsthatinclude excavation.Basedonthescope of the project,acurrent Phase l Environmental Audit H required toconductanenvironmentalassessmentof the proposedprojectsite. MiamiDadeCounty PHCD issuedacontractfor the CDBG grant(approvedby commission via Resolution No.153-15-14492).However,they will notdistributeany funds tothe City until the environmental reviewIscomplete.Therefore,thisresolutionisbeing presented to award the environmental study to aconsultant. StanleyConsultants,Inc.hassubmitteda proposal intheamountof $5,110 toperform an environmental studyon SW 64th Street. Acontingencyin the amount of $760 will beincludedovertheproposalamount to address forunknown factors that mayariseandforpermittingfees. In accordance with andpursuant to Florida Statute 287.05Sfor CCNA,StanleyConsultants, Inc.wasone of the firms selectedto provide professional engineering services.The City negotiatedhourlyrateswiththe firm and entered intoa professional serviceagreement withStanleyConsultants,Inc.to performengineeringservicesfor the City. Amount:Amount not to exceed $5,870 Account:The expenditure shallbecharged $5)870to the accountnumber 120-3306-541-3120 which hasabalanceof $60,000 beforethis request was made. Attachments:Resolution Resolution No.153-15-14492 Proposal ProfessionalService Agreement CCNA Consultant ProjectList Stanley Consultants MC NoiNEcattie A BETH!WORLD August 12,2015 Engineering A Construction Division City ofSouthMiami 4795 SW 75 Avenue Miami,PL 33155 . Dear (tazel Martinez Subject;General Environmental Services Agreement -Phase I Environmental Site Assessment,SW 64* St.Improvements from SW 62nd Ave.toSW57*Ave. In accordance withyourrequest,Stanley Consultants is pleased to provide this proposal to conduct a Phase I Environmental SiteAssessment (ESA)for the proposed roadway improvements on64*St intheCityof South Miami,Florida.Itisour understanding thatthe prqject limitsdonot include the intellections atSW (j2**and SW 57*Avenues.See attached project location map. Scope ofProposed Work Stanley Consultants willconductaPhaseI ESA in accordance withtheAmericanSociety forTestingand Materials (ASTM)Practice B1527-13.The purpose ofthe Phase IBSA istoidentifythe presence or absence ofRecognized Environmental Conditions (RECs)as defined bythe standard. The Phase IESAprocess includes asearch of standard historical sources (e.g.,aerial photographs,historical fire insurance maps,etc.),areview of federal andstateenvironmental databases,interviewswithpastand present owners,operators,and occupants of the sate,andanon-site reconnaissance to determine the presenceorabsenceRECs. An Environmental Scientist from Stanley Consultants willexamineand document the current usesand conditions of the site.Itisthe client's responsibility to provide site access andany available contact information for the current site owners).Stanley Consultant's staff will visitthesiteto conduct the assessmentasper ASTM E1527-13. Stanley Consultants willmakea reasonable attemptto conduct interviews withthesite occupants,state and localregulators,thelocalfiredepartment,andotherpersons wagenciesthatmayhave knowledge ofcurrait orhistoricalenvironmental conditionswithinthe project limits. Report Preparation Stanley Consultants will prepare a Phase IESA report generally following theformat recommended in ASTM B 1527-13.The report will include a narrative of Phase I activities,supporting documentation, findings,andanopinionontheneedfor Antherassessment of contaminated properties.This proposal does not include an evaluation of permitting requirements or regulatoty compliance issues.Per die ASTM E1527-13 standard,asbestos,lead paint,mold,and radon are considered outofthescopeofa Phase IESA. Thisdocumentwassent electronically. IttlWattnatoaRutSoteW •W«tFris>Bctish,1>L 33469 .pbofldMl.6S9.7444 •ftxtfl.tftt.300S August 12,2015 Page2 Project Schedule Thesitevisit will be scheduled once receiving the notice to proceed.A draft Phase IESA report will be available approximately30daysafter completion ofthesite visit Twocopiesofthefinal report willbe provided within14daysof receipt ofclientcomments. »•• Project Cost Stanley Consultants will provide the professional services referenced above foralumpsumcostof$9,800, basedonthe attached HourlyFeesand Charges.Thisfeeincludesonesitevisit,records searches, interviews,andPhaseIESA report prepared in accordance withASTME 1527-13,Thisquotewillremain validfor90days. WeappmdatetheoppmtunitytopresenttUsproposaltoyou.Ifyou haveany questions with regard tothis proposal,pleasefeelfreetocallmeat 561-584-8756. Sincerely, Stanley Consultants,Inc. CourtneyArena,MS Senior Environmental Scientist Attachment:Project LocationMap July 14,2016 'y>co^e>^\ CELEBRATEwo Stanley Consultants K v/e&#2..ENGINEERING A BETTER WORLD Grizei Martinez Engineering &Construction Division City of South Miami 4795 SW 75 Avenue Miami,Fl 33155 Dear Ms.Martinez: Subject:SW 64^Street Improvement from 57th to 62nd Avenues Phase II EnvironmentalSite Assessment Proposal Stanley Consultants is pleased to present this proposal for a Phase II Environmental Site Assessment (ESA) investigation forlhe City of South Miami's SW 64*Street Improvements project.The property islocated along SW64th Streetbetween 57th and 62nd AvenuesinSouth Miami,Florida. Project Understanding The City of South Miami (City)is requesting a Phase II ESA for the portion of SW 64*Street right-of-way (ROW) between 57th and 62nd Avenues in South Miami.Stanley Consultants completed a Phase-1 ESA ofthe property in April of 2016 and this Phase II ESA investigation is being used todetermine potential impacts from recognized environmental conditions $ECs)basest on past and current uses ofthe property and potential impacts from adjoining properties. Scope ofProposedWork For this Phase II ESA,Stanley Consultants recommends collecting soil and groundwater samples atsix loc^ionsstong the approximate 0.5 mile SW 64*Street ROW.The exact sampling locations may be adjusted in the field based oh access,utilities,and safety concerns.Stanley Consultants will contact Sunshine 611 for utility locafions prior to mobilizing to the property.It will be the responsibility of the City to locate any private utilities that are not the responsibility of public agencies or covered by Sunshine 811 and provide safe working conditions including any necessary lane closures or diversion of traffic. A Ifcensed well driller certified in fte Stateof Florida will be retained by Stanley Consultants to advance six direct push sampling points to collect soil and groundwater samples to a maximum of15 feet below ground surface (bgs).Stanley Consultants'field geologist/engineer will screen the soil for organic vapors with an organic vapor analyzer (OVA).One soil and groundwater sample will be collected from each boring.The soil sample will be collected atthe depth ofthe highest OVA reading above the observed groundwater table.If no organic vapors are detected,the soil sample will be collected atthe soil-groundwater interface orata depth determined by field observations.Groundwater samples will be collected ateach location through the direct push screen point. Soil andgroundwater samples will be placed in containers provided bya State of Florida certified laboratory,labeled, and placed onice for preservation.Samples will be shipped under chain-of-custody tothe laboratory for analysis.Any excesssoilgenerated during sampling activities will be spread onthe ground in the sampling locations.Purge water 2658Crossparfc Road •Suite 100 •Coral ville,IA 52241 .phone 319.626.39%•fax 319.626.3993 www.stanieyconsultants.com Grizel Martinez July 14,2016 Page2 generated during groundwater sampling activities will discharged onto the ground in the sampling locatidns for evaporation.Purge water aid any excess soil will not becontainerized orcharacterized for disposal purposes. Report Preparation Upon receipt of the analytical results,Stanley Consultants will prepare a letter report summarizing the field activities and laboratory results.The report will compare the analytical results ofsoil samples to applicable Florida Department of Environmental Protection {FDEP)requirements and make recommendations for further action,if necessary. Analytical results ofgrcwndwater samples will t»compared to EPA Drinking Water Maximum Contaminant Levels and Fforida Drinking Walter Quality Standards.A draft letter report will be provided to the City for review.The City's comments will be addressed and two copies ofthe final letter report will be provided tothe City. Project Cost Stanley Consultants will provide the professional services referenced above for a lump sum tee of $31,905 in accordancewith theProfessional Service Agreementfor General Environmental &Structural Services between Stanley Consultantsand the Cily dated July 3,2013.This fee includes drilling,sampling,and analytical services (atstandard turnaround times),as well as reporting and expenses.Itemization ofthesfe costs are presented in the following table Scope of WorkItem Associated Cost ($) Project later Costs 13,895 Field Expenses 10,010 Analytical LabCosts 8,000 Total 31,905 If this scope ofservices andcost are acceptable to you,please sign belowand return to the attention ofJoe Rubino. Thank you for considering Stanley Consultants,Inc.,forthis assignment.If you have any questions with regard to this p&posal,please feel free tocontact me at 319.626,5313 orJoe Rubino at 303.925.8282. Sincerely, Stanley Consultants,Inc. Rebecca L.Svatos,P.E. Vice President Environmental and Urban Design Market Leader Auj^rizafon-to-Proceed Signature cc:Joe Rubino -Stanley Consultants Courtney Arena-Stanley Consultants Date RESOLUTION NO.:151-13-13969 A Resolution authorizing the CityManagerto execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA",with EAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,lnc„R.J.Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez &Associates Consulting Engineers,Inc.,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 forprofessional services forthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Trafficand Transportation Engineering;and WHEREAS,pursuant toFlorida Statute 287.055 for CCNA,theCity solicited qualificationfrominterested firmsand the City'sreview committee conducted a thorough reviewofthequalificationsofthefirms that responded to the solicitation,and upon evaluation the firms were ranked ;and WHEREAS,the Citymetwiththefirmsandreviewedthe proposed hourly billing rates andthe following firms have agreed uponthehourly billing rates disclosed inthe Professional Service Agreement request for qualifications;EAC Consulting,Inc,Marlin Engineering,Inc.,TheCorradinoGroup,Inc.,SRS Engineering,Inc., R.J.Behar andCompany,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,CH. Perez &Associates Consulting Engineers,Inc.;and WHEREAS,theMayor and City Commission desires to authorize theCity Manager to execute the professional service agreements. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is hereby authorized to execute theformoftheprofessionalservice agreement thatis attached,forthenegotiatedhourlyratesin accordance with the procedure set forthin Florida Statute 287.055 (Consultant's CompetitiveNegotiationAct)with EAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,Inc,,R.J.BeharandCompany,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez &Associates Consulting Engineers,Inc Section 2:If any section clause,sentence,or phrase ofthisresolutionisforany reason heldinvalidor unconstitutionalbyacourtof competent jurisdiction,the holding shallnotaffectthe validity oftheremaining portions of this resolution. Section 3.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th dayof August 2013. ?T:_^APPROVED COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea City of South Miami PUBLIC WORKS &ENGINEERING DEPARTMENT 4795SW 75th Avenue Miami,FL 33155 Tel.(305)663-6350 Fax(305)668-7208 TO:Steven Alexander,City Manager FROM:.Jorge L.Vera,CapitalImprovement Project Manager DATE:August 6,2013 South Miami /UHtmetteaCltf W IB Resolution:A Resolution authorizing theCity Manager to execute a Professional Service Agreement provided under FloridaStatute 287.055 Consultant's CompetitiveNegotiationAct "CCNA", withEAC Consulting,Inc,MarlinEngineering,Inc.,The Corradino Group,Inc.,SRS Engineering,lnc„R.J.Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H:Perez &Associates Consulting Engineers,Inc.,for the following professional services:Architecture,Civil/Environmental Engineering,StructuralandTraffic&TransportationEngineering. Background:On June 4,2013.,.,.theCity Commission approved aresolution (#120-13-13938) authorizingtheCityManagertonegotiate hourly billing ratesandtoexecutea Professional Service Agreement with the firmsthatwere selected fromour request for qualifications RFQ #PW-S2013-04 forArchitecture,Landscape Architecture, Civil/EnvironmentalEngineering,Structural andTraffic&Transportation Engineering. Ofthe24firms selected,City staff has metwithandreviewedthe proposed hourly billing rates for the above referencedfirms.Afternegotiatingan acceptable hourly billing rate withthefirms,thefirms entered intoa Professional Service Agreement inordertoprovide professionalengineeringservicestothe City attheagreed hourly billing rateforfuture projects. Inaneffortto provide transparency and accountability,thehourly billing rateperjob classificationis based on FDOTs ConsultantWageAverageReportfortheperiodof May 2012toMay 2013 isattached.Thereportis based on an FOOTyearlydata collection and analysis ofthe prevailing hourlywageratebyjobclassification within different geographical areas inthe State.Our geographical area iswithinDistrict6which encompasses Miami-DadeandMonroeCounties.The rates inthereportarenegotiated unloaded rates whichprovide personnel hourly billing rateperclassificationexcluding company overhead andbenefit.Tothehourly negotiated unloadedrate,each firm adds a multiplierforthe company's overhead andbenefits.The multiplier inDistrict6 ranges from 2.5to3.1,depending onthesizeofthe firm. Please find belowthefirmsthathavesubmittedasignedProfessionalService Agreement,whichincludestheirnegotiated hourly billing rateplusthe multiplier.Upon furtherfuturenegotiations,additionalfirms will be presented totheCityCommissionfor their approval. •EAC Consulting,Inc. •Marlin Engineering,Inc. •The Corradino Group,Inc. •SRS Engineering,Inc. •R.J.Behar and Company,Inc. •T.Y.Lin International •Stanley Consultants,Inc. •Sol-Arch,Inc. •Civil Works,Inc. •C.H.Perez&Associates Consulting Engineers,Inc. UponapprovaloftheProfessionalServices Agreements bytheCityCommission,Citystaff will request quotes forCityprojectsfrom individual firms on arotating basis andin accordance with Florida Statutes 287.55 CCNA.The quotes will be negotiated based on the scope of aproject,durationandthecontractualhourly billing rate.UpontheCity staff negotiatingafinal cost toperformtherequiredproject,aresolutionwill be presented tothe City Commission fortheirapproval. Please note that the execution of these Professional General Service agreements does not commit theCitytoany maximum amount offeesnorguaranteeanywork. 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 PROFESSIONAL SERVICE AGREEMENT General flM^MBhrfa Services THIS AGREEMENT made and entered into this 3rd day of July 2013 by and between the CITY OF SOUTH MIAMI,a political subdivision oftheStateof Florida and Stanley Consultants,Inc. authorized todo business in the Stateof Florida,hereinafter referredtoas the "CONSULTANT". In consideration ofthepremisesandthe mutual covenantscontained in this AGREEMENT,the CITY OF SOUTH MIAMI,throughits City Manager,agreesto employ the CONSULTANT foraperiod ending on H^^|(t Wfo.and the CONSULTANT agrees to be available,continuing basis,to perform professional services in connection with project®wherethebasicestimated construction costsofeach individual project doesnot exceed $2,000,000.00 or where the individual studydoes notexceed $200,000.00,hereinaftercalledthe "SERVICES". 1.0 General Provisions 11The CONSULTANT maybe awarded work and issued a Notice to Proceed to provide professional services fora project fora portion ofa project,orfor discrete tasks ona project, Additional Professional Services,for the purpose of reviewing work performed byother professional consultants orforother miscellaneous engineering services that may be required. 12 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 toas "CITY'.The City ofSouth Miami reserves,at all times,therighttoperformanyandallengineeringworkin-houseorwithother engineers.This AGREEMENT doesnotconferonthe CONSULTANT any exclusive rightsto perform work on behalf ofthe City ofSouth Miami,nordoesitobligatethe City ofSouth Miami inanymannertoguarantee work for the CONSULTANT.The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited bythe City of South Miami outside of this AGREEMENT. 1.3The CITY will confer with the CONSULTANT beforeanyNoticetoProceedisissuedto discussthescopeofthe work;thetime needed tocompletethe WORK andthefeeforthe services to be rendered in connection with the WORK. Page1of40 Professional Service AGREEMENT Tpepe<D12-31-12 (RevisedSK 4-3-13..GM 6-18-13) 1.4The CONSULTANT will submita proposal uponthe CITY'S request prior tothe issuance ofa Notice toProceedNopayment will bemadeforthe CONSULTANT'S timeand services in connectionwiththepreparationofany proposal L5 The QTY agreesthatit will furnish tothe CONSULTANT plans andotherdata available in the CITY files pertaining tothe WORK tobeperformedunderthis AGREEMENT promptlyaftereach Notice to Proceed. 1.6The CONSULTANT agreestoproduce and distribute minutes,promptlyaftereachmeeting at which the CONSULTANTS presenceisrequired. 17 The CITY maydesignate a representative who,on behalf ofthe City Managershall examine thedocuments submitted bythe CONSULTANT and shall render decisions promptly,to avoid unreasonable delayinthe progress ofthe CONSULTANTS services.The CONSULTANT shall keep the CITY'S representativeadvisedontheprojectstatusatalltimes. 1.8The CITY agreestoissueall directives and approval in writing. 2.0 prQfffirejQftti Services 2.1 general tervfas The professional services tobe provided bythe consultant maybeoneormoreofthe following,and include butnot limited to: A.Roadway Engineering to include streets,sidewalk,curb,gutter,drainage, associated traffic control devices,stripping,lighting,irrigation,speed reduction devicesandresidential landscaping, B.Drainage Design includes the necessary analysis neededtoimplement proposed drainage improvements,preparation of paving and drainage planfor municipal buildingand facilities. C Civil Engineering,to include Distribution Systems Improvement /Analysis and designandSanitarySewerSystem Evaluation anddesign. D.Environmental Engineering,including site Investigation and design needed to prepare remediation plans to mitigate underground storage tanks,hazardous waste materials and asbestos materials. E.Traffic Engineering Services will include daily volume counts,data analysis, preparationofconceptualimprovements plan,present reportsand Page2of40 Professional Service AGREEMENT Tpepe€>12~3M2 (Revised SK 4-3-13,GM 6-18-13) recommendations to stakeholders and preparation of final traffic engineering report. F.ArchitecturalServices to provide drawings and specifications fornew constructions as well as additions and renovations;attendmeetingswithCity staff and presentations to City Commission;provide plans developed on AutoCAD latest version andcopiesof reproducible hard copyand diskette ofplansintherequested format. G.LandscapeArchitecture including providing drawings and specifications for landscape projects;sitemaster planning,analysis and design,urban design plans/concept diagrams,openspace 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 inthe requested format H.RegisteredSurveyingandMapping Other incidental services associated to the above items. PageJof40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 22 pestqn &Construction -Baste Services The Basic Sen/ices,for design and construction,consist of six (6)phases described in Paragraph 2.2.1 through 2.2.6.The scopeoutlined below is applicable inits entirety to projects for which completed Basic Servicesareauthorized. Upon authorization to proceed from the CITY,the CONSULTANT agrees to provide complete professional sen/ices for any portion or all ofthe six Phases outlined below applicable toits profession.The CONSULTANT agrees to co-ordinate its effort with thatofanyother providers of professional services toassurea coordinated andcomplete WORK.Ina multi-professionally consulted project theleadCONSULTANT,as designated bythe CITY,shall prepare the final bid package including biddocumentsand specifications,which shall be prepared by,andbethe responsibility ofthe respective disciplines. 2.2.1 m$sJ-Prelimfnaty and Schematic Design; A.The CONSULTANT shall conferwith representatives ofthe CITY andtheenduserto determine the full scopeofthe Project that will meetthe program requirements, and shall advisethe CITY If,In the CONSULTANT'S opinion,the allocated fundsare adequateto accomplish the program requirements,asdefinedbyan individual purchase orderforthe specific worktobe performed. B.The CONSULTANT shall utse proper and adequate design control to assure the CITY thatthe program requirements wilt bemet. C.The CONSULTANT shall prepare a Design Conceptand Schematic Report, comprising ofthe Project Timetable (Master Schedule),Planning Summary (unless advised otherwise},Schematic Design Studies(unlessadvisedotheiwise)as defined below,and the Statement of Probable Construction Cost D.The Proposed Project Timetable shall consistofascheduleshowingtheproposed completiondateoneach Phase ofthe Project through design,bidding, construction,andproposeddateof completion. E.The Planning Summary (unless advised otherwise)shall consist ofa vicinity plan and blow-upoftheSite(if applicable)showing Project orientation,andabriefsummary 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 toshowthe scale and relationship ofthe parts andthe design conceptofthe whole.A simple perspective sketch,rendering, modelorphotographthereofmaybeprovidedtofurthershow the designconcept. Page 4of40 Professional Sen/ice AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 648-13) G.The CONSULTANT shall presentthe Schematic designstudiestothe appropriate commission,committee,agency or board (hereinafter collectively referred toas "Boards")fortheir approval whenthe project requires such approval.The Consultant shall makecopies necessary for presentation tothe Board atno 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. I.The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment professional fees,contingencies (if any), escalation factors adjusted tothe estimated biddate,movableestimate(ifany),and utility service extensions (ifapplicable).The CONSULTANTS opinions of probable Total Project Costsand Construction Cost are tobemadeonthebasisofthe CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgmentas ah experienced and qualified professional,familiar withthe local construction Industry and prices. J.The CONSULTANT shall submitand present two (2)copies of all documents required underthis Phase,without additional charge!for approval bythe CITY andit shall not proceed vyfrh the next Phase Mntit dieted bythe CITY in writing, 2.2.2 Phase n-ftMdyand Pe?w Pevelppmenft A.From theapproved Schematic Design documents,the CONSULTANT shall prepare Design Development Documents,comprising the drawings,outline specifications and otherdocumentsto fix and describe thesizeand character oftheentire Project asto construction and finish materials andother items incidental theretoasmaybe 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 Costexceedstheallocatedfunds, feasible costorscope reduction options shall be included. C The CONSULTANT shall submit and present two (2)setsof all documents required underthis Phase,without additional charge,for approval bythe CITY andnot proceed withthenext Phase until directed bythe CITY in writing. D.The CONSULTANTshallatall times monitor the Probable Construction Costs to make certainthey remain withinthetotal allocated budget ANoticeto Proceed to Phase HI PageS of40 Professional Sen/ice AGREEMENT Tpepe©12-3M2 (RevisedSK4-3-13,GM6-18-13) will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.23 Phase HI -Final Design /Construction Documents Development: A.From theapproved Design Development Documents,the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction ofthe Project including the Proposal (Bid)Form andothernecessary informationforbidders,Conditionsofthe Contract,andComplete Drawings and Specifications.The CONSULTANT shall use Construction Specifications Institute (CSI) Standards andthe City ofSouth Miami Standard forms for the preparation ofthe proposal (bid)forms,Instructions to Bidders,conditionsof Contract and Specifications. The CONSULTANT shall review all existing City Specifications,forcompleteness prior to useand shall supply all needed additional specifications.The final draft of the construction documents shall meet the requirements of andbeapprovedbytheCity Attorney, B,The Construction Documents shall be prepared ina manner that will assure clarity of line work,notes,and dimensions when the documents are reduced to 50%of their size. All drawings shall beon 24"x 36"paper CD"size),onthe CITY'S standard sheet format, unlessapprovedotherwise. C All construction documents shall be submitted inboth "hard copy"and electronic media ina mutually agreed upon electronic format but generally as follows: 1.Non-drawing submittals in Microsoft Office Wordformat 2.Drawings in AutoCAD format 3.GIS files should be in ArcView format Version 3.2. D.Whenthedevelopmentofthe drawings has progressed toatleast 50%completion in Phase III,the CONSULTANT shall submittwo(2)copies tb the CITY for approval, without additional charge,alongwithupdatedoutline specifications.The CONSULTANT shall alsosubmitatthistimeanupdatedStatementof Probable Construction costas indicated bytime factor,changesin requirements,orgeneral marketconditionsandanupdated Project Schedule. E.The CONSULTANT shall n<?t proceed with the farther development until approval tf tire documentsis received from the CITY in writing.The CONSULTANT shall make all changes to documents required bythe CITY before proceeding further.Asetofthe revised documents shall be returned tothe CITY after incorporating all ofthe changes,if any. F.ANoticetoProceedforthecompletionof Phase III will notbeissuedifthelatest Statement of Probable Construction Cost exceeds the total allocated funds,unless the Page6of40 Professional Service AGREEMENT Tpepe€12-31-12 (RevisedSK 4^13,GM 6-18-13) CITY increasesthetotalallocated funds orthe CONSULTANT andtheQTYagreeson methodsofcost reductions sufficient to enable construction within the project budget. G.Upon100%completion of the Construction Documents,the CONSULTANT shall submit tothe CITY a final updated Statement of Probable Construction Cost along with two (2) copieseach of the final draftof 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 tothe appropriate CITY Boards which wouldbe normally required ofany construction project (such as Environmental Review Board,Historical Preservation Board etc.)forthe final approval. I.The CONSULTANT,atno extra costtothe CITY,shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H)ifthe changes or additions donot alter the scope ofthe project as determined under paragraph 2.2.1 A.The 100%complete final Construction Documents shall bereturned tothe CITY for final approval.Upon final approval bythe QTY,the CONSULTANT shall furnish to the CITY drawings and specifications,without additional charge tothe CITY for bidding purposes,unless instructed otherwise. J.The CONSULTANT shall arrange for "dry runs"and/ormake final submissions to appropriate authorities (regulatory agencies to include andnot limited to City,County, Stateor Federal)as necessary,to ascertain thatthe Construction Documents meetthe necessary requirements toobtain all the necessary permits for construction.The CONSULTANT shall respond to all technical questions from regulatory agencies,The CONSULTANT shall modify,atno additional costto CITY,inorderto acquire the necessary permits, Page7of40 Professional Service AGREEMENT Tpepe«>12-31-12 (Revised SK 4-3-13,GM6-18-13) 2.2.4 phase {V -Bidding 3nd NggpttetiQri Phsre; A.Upon obtaining all necessary approvals ofthe Construction Documents,and approval bythe CITY ofthelatestStatementof Probable Construction Cost,the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding,andassistthe CITY in obtaining bidsas well as awarding and preparing construction contracts.The CONSULTANT shall attend all pre-bid conferences.The CONSULTANT shall bepresent during thebid opening andas part ofitsassistance tothe CITY will tally,evaluate and issue a recommendation tothe CITY after verifying bond,insurance documents,questionnaire and reference submitted bythe constructor, B,The CONSULTANT shall issue Addenda tothe Construction Documents through the CITY as appropriate to clarify,correctorchangeBidDocuments. C If Pre-Qualification of bidders is required asset forth inthe Request for Qualification,the CONSULTANT shall assist Cityindeveloping qualification criteria, review qualifications of prospective bidders,andrecommendacceptanceor rejection of theprospective bidders. D.Ifthelowest responsible Base Bid received exceedsthe Total Allocated Funds the CITYmay: 1.Approvethe increase in Project Costand award a construction contract or, 2.reject all bidsandrebidthe Project within a reasonable timewith ho change inthe Project,or 3.Direct the CONSULTANT to revise the Project scopeor quality,orboth,as approvedbythe CITY and rebid the Project,or 4.Suspendorabandonthe Project or 5.Exercise all optionsunderthe City Charter andState Law. NOTE Under item (2)and(3)above,the CONSULTANTshall,without additional compensation,assist the CITY in obtaining re-bids,and awarding the re-bld ofthe project. Underitem (3)above,the CONSULTANT shall,without additional compensation,modifythe Construction Documentsas necessary to bring the Probable Construction Cost within the Total Allocated Funds whenthelowest responsible bidisover15%ofthe CONSULTANT estimate.All construction contracts mustbe approved bythe City Commission after the City awards thecontractforcommission approval; E.For thepurposeofpaymenttothe CONSULTANT,the Bidding Phase will terminate andthe services ofthe CONSULTANT will be considered completeupon signing of an AGREEMENT witha Contractor.Rejection of bidsbythe CITY doesnotconstitute cancellation of the project. Page8of40 Professional Service AGREEMENT Tpepe<&12-31-12 (RevisedSK4-3-13,GM6-18-13} 2.2.5 Phase V -General Administration of the Construction Contract: A.The Construction Phase will begin with the City Commission approval ofthe award ofthe Construction Contractand will endwhenthe Contractor's final Payment Certificate is approved and paid bythe CITY. B.The CONSULTANT,asthe representative ofthe QTY during the Construction Phase, shall adviseandconsultwiththe CITY and shall have authority toactonbehalf of the CITY totheextentprovidedinthe General Conditions andasmodifiedinthe Supplementary Conditions of the Construction Contract GThe CONSULTANT shall attend pre-construction meetings. D.The CONSULTANT shall at all times have access totheproject wherever itisin preparation or progress. E.The CONSULTANT shall visitthesiteatleast weekly andat all key construction eventsto ascertain the progress ofthe Project andtodeterminein general if the WORK is proceeding in accordance with the Contract Documents.Onthe basis of on-site obsen/ations,the CONSULTANT will use reasonable andcustomarycareto guard the CITY againstdefectsand deficiencies inthe WORK.The CONSULTANT maybe required to provide continuous daily on-site observations tocheckthe quality or quantity ofthe WORK asset forth in this AGREEMENT and defined bythe Scopeof WORK issued for the individual project.Onthe basis ofthe on-site observations,the CONSULTANT will advise the CITY astothe progress ofandany observed defectsand deficiencies inthe WORK immediately in writing. F.The CONSULTANT shall furnish the CITY witha written reportof all observations of the WORK madebyhim during each visit to the WORK.He shall alsonotethe general statusand progress ofthe WORK,and shall submitsameinatimely manner.The CONSULTANT shall ascertain at least monthlythatthe Contractor is making timely!accurate,and complete notations on record drawings; G.Based onobservationsatthesiteandonthe Contractor's Payment Certificate,the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval ofthe Certificate insuch amounts.The recommendation of approval ofa Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that,the CONSULTANT certifies to the CITY thatthe WORK has progressed tothepoint indicated,andthe quality of the WORK isin accordance withthe Contract Documentssubjectto: 1.An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page9 of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM6-18-13) 2.Theresultsofanysubsequenttests required bythe Contract Documents. 3.Minor deviations from the Contract Documents correctable prior tocompletion andacceptanceoftheproject H.The CONSULTANT shall havean affirmative dutytorecommend rejection of WORK, which does not conform to the Contract Documents.Whenever,inits reasonable opinion,the CONSULTANT considers it necessary or advisable to insure compliance withthe Contract Documents,it will have authority (with the City's prior approval)to recommend special inspections or testingofany WORK deemednottobein accordance with the Contract Documents whether or not such WORK has been fabricated and delivered tothe Project,or Installed and completed 1.The CONSULTANT shall promptlyreviewandapproveshop drawings,samples, andothersubmissionsofthe Contractor forconformancewiththedesign conceptofthe Project andfor compliance withthe 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 initiated by others,and initiate proposedchange orders as required byitsown observationsortherequirementofthe CITY. K.The CONSULTANT shall examinethe WORK upon receipt ofthe Contractor's Certificate of Substantial Completion ofthe Project A Punch List ofanydefects and discrepancies inthe WORK required tobe corrected bythe Contractor shall bepreparedbythe CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtainedbeforethe CONSULTANT recommends execution of Certificate of Final Acceptanceand final paymentto the Contractor. Heshallobtain from theContractor all warranties,guarantees,operatingand maintenancemanualsforequipment,releases of lien andsuchotherdocuments and certificates asmaybe required by applicable codes,laws,policy regulations, thespecificationsandtheotherContractDocumentsanddeliver them tothe CITY. LThe CONSULTANT shall provide assistance inobtaining Contractor's compliance withthe Contract Documents relative to,1)initial instruction ofQTY personnel in theoperationand maintenance ofanyequipmentor system,2)initial start-upand testing,adjusting and balancing ofequipmentand systems,and,3)final clean-up of the project. M.The CONSULTANT shall provide the contractor withthreesetsof drawings labeled "Construction Plans"forpermitfrom Public Works. Page 10of40 Professional Service AGREEMENT Tpepe€>12-31-12 (RevisedSK4-3-13,GM6-18-13) 2.2.6 PhaseVI -Post Consttvcttoo Administration The CONSULTANT shall prepare and provide the CITY with a written manual,tobe used bythe CITY,outlining the implementation plan of all the required maintenance necessaiyto keeptheproposed WORK operational inasafeandeffectivemanner. The CONSULTANT shall furnish tothe OTY.reproducible record (as-fautltt drawings updated based,.QP,.iirfflfmati9n furnished bythe Contractor;such drawings shall becomethe property ofthe CITY. The CONSULTANT shall assist inthe inspection ofthe WORK onemonthbeforethe expiration ofany guarantee period orthe sixth month whichever is earlier and report anydefective WORK \n the Project undertermsofthe guarantee/warranties for correction.The CONSULTANTshall assist the CITY with the administration of guarantee/warranties for correction ofdefective WORK thatmaybediscovered during thesaidperiod The CONSULTANT shall furnish the City witha 3-ring binder labeled "Close-out Documents"that will Include,asa minimum,acopy of: Certificates ofcompletion As-Builts (1/2size) Test Results Daily construction inspection reports Progress meetingminutes Approved shop drawings Warranty manuals as applicable Final release of liens Final paymenttocontractor 23 Addffipnpl Prgfesslpnpl ft>ry|<ff$ Additional Services as listed below are normally considered tobe beyond the scope ofthe Basic Services fordesignandconstruction,asdefinedinthis AGREEMENT,butwhichareadditional services which maybe authorized within the Scope of Work given the CONSULTANT. A.Special analysis ofthe CITY'S needs,and special programming requirements for a project B.Financial feasibility,life cycle costing orother special studies. C Planning surveys,site evaluations,or comparative studiesof prospective sites. D.Design services relative to future facilities,systems and equipment;which are not Page11 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM G-18-13) intended to be constructedaspartofa specific Project. E.Services toinvestigate existing conditions (excluding utilities)or facilities ortomake measured drawings thereof,orto verify the accuracy of drawings orother information furnished bythe CITY. F.Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material,equipmentand labor required for a Project. G.Consultation concerning replacement ofany WORK damaged by fire orothercause during construction,and furnishing professional services ofthetypeset forth in Basic Services asmaybe required relative to replacement ofsuch WORK,providing thecauseisfoundbytheQTYtobeotherthanby fault ofthe CONSULTANT. H.Professional services made necessary bythe default ofthe Contractor orby major defectsinthe WORK underthe Construction Contract,providing the cause isfound bythe CITY tobeotherthanby fault ofthe CONSULTANT. I.Making major revisions changing the Scope ofaprojectto drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given bythe CITY and are dueto causes beyond the control ofthe CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spacesand/orschemeorany portion). J.Theservices of one ormore full-time Project Representatives. K.Preparing toserveor serving asan expert witness in connection with any arbitration proceeding or legal proceeding in connection witha Project. L.Professional services required after approval bythe CITY orthe Contractor's Requisition for Final Payment except as otherwise required under Basic Sen/ices. M.Preparing supporting data,drawings,and specifications asmaybe required for Change Orders affecting thescopeofa Project provided the Changes are duetocauses foundbythe CITY tobebeyondthe control ofthe CONSULTANT. 3.0 Tims for fomptetton The services tobe rendered bythe CONSULTANT forany WORK shall be commenced upon written Notice to Proceed fromtheQTYsubsequenttotheexecutionofthis AGREEMENT and shall be completed within thetimebasedon reasonable determination,statedinthe said Noticeto Proceed. Page12of40 Professional Service AGREEMENT Tpepe€>12.31-12 (RevisedSK 4-3-13,GM 6-18-13) A reasonable extension oftime will be granted intheevent there isa delay onthe part ofthe CITY in fulfilling itspartofthe AGREEMENT,changeofscopeofworkor should anyothereventsbeyond the control ofthe CONSULTANT render performance ofhis duties impossible. 4.0 fasispf Compunction The CONSULTANT agreestonegotiatea "not to exceed*feeora fixed sumfee for eachofthe WORK assigned to him basedontheScopeof such WORK.Upon AGREEMENT ofa fee,theOTY will issuea written authorization to proceed tothe CONSULTANT.In case of emergency,theQTY reserves the right to issue oral authorization tothe CONSULTANT,with the understanding that written confirmation will follow immediately thereafter as possible.For reproduction of plans and specifications,beyondthe requirements as identified under this AGREEMENT the CITY will paythe direct costs. The fees for Professional Services for each Project shall be determined byoneofthe following methodsora combination thereof,as mutually agreed uponbythe CITY andthe CONSULTANT. A fixed sum:The fee for ataskora scope of work may bea fixed sum as mutually agreed uponby the CITY and the CONSULTANT. Page13 of 40 Professional Service AGREEMENT Tpep*012-3il-12 (Revised SK 4-3-13,GM 6-18-13) Hourly BateIm The CITY agrees to pay,andthe CONSULTANT agrees toacceptforthe services rendered pursuant to this AGREEMENT,fees in accordance with the following: CaWgoiy Hourly Rife Principal/Chief Engineer 233.04 Project Manager 180.30 Senior Engineer 174.00 Project Engineer 135.15 Designer 102.81 Construction Manager /Senior projectengineer 187.50 SeniorConstruction Inspector 93.00 Construction Inspector 67.50 Engineering Technician 65.64 Data Processing /Clerical 63.00 Survey Technician 68.52 SeniorSurveyor&Mapper 154.62 4person Survey Crew(8hour day)1750.00 3Person Survey Crew (8hourday)1460.00 2Person Survey Crew (8hourday)1160.00 Geotech Rates are attached Hourly rates include all wages,benefits,overhead and profit based ona 3.0 multiplier using the FOOT Consultant Wage Rates Averages Report for FDOT District 6. Page 11 of32 Professional Service AGREEMENT Tpepe©t2-3M2 (Revised SK 4-3-13,GM 6*18-13) (fCi-s niiijhiftp.rliwj r.iwvlcc6,i I c. GaoU clinical s Construction b Mtr^>nr,c*rlnf/a Solution*, Schedule of Services end Fees Geotechnicat Engineering Services I SUBSURFACE EXPLORATION Mobilization of equipment and personnel Truck Drill.....!350.00/occurrence All-Terrainor Track-mounted Drill..,;450.00/occurrence Auger Borings Auger Borings (Shallow Hand Augers)7,00/foot Augers Borings (Drill Rig for undisturbed samples) 0-60 ;moo/foot 50-100 ;12.00/fOOt 100-150 15.00/foot Augers Borings (Orilt Rig for disturbed samples) 0-40 pulling augers ",..„.'30.00/eampie 40 -80 pulling augers ..40.00/sample Test Borings Standard Penetration Test Borings (Soil sampling using either split-barrel or Shelby tubesamplerat 5-fcot intervals In soil) Depth-Feet 0-60 ,12.00/foot 60-100 ;14.00/foot 100-160 16.00/foot Additional split-spoon samples DepthFeet 0*80 26.00/aample 60-100 30.( 100-160 ,35.1 Rock Coring SetUp ,100.00/boiing NX Coring (54 minimum)0-40 feet 43.00/foot •MOfeet 45.00tfbot Rock Bit Drilling 32.0Q/foot Percolation Teste Open HoleMethod ,'$376.00/test Temporary Casing 0-60 4.00/fOOt 50-100 5.0Q/foo» Closing Holes (Grout orApproved Method)5.00/foot 11 lJ a fi e //,SO/L M80/M7"ORy TESTING 0C(:\:I:iiy»IVc e r I«tf BftIyir.i\:\,LI ti. Geolechnlcal b construction »f;ji<iliic.pring w SoI-.j-Uhis Identification Attertwg Limits Determination (LL,PL)60.00/test CombinedAnalysis (Hydrometer andSieve)106.00/test Hydrometer Analysis 75.00Aest Organic Content (by heating),48.00/test SteveAnalysis(Unwashed)62.00/test SteveAnalysis(Washed over#200 sieve)77.00/test Specific Gravity Determination *70.00/test VisualEngineering Classification ,,?.0Q/each Moisture Content Determination 20.00/test Compaction and Density Laboratory LBR .'.,360.00/test Modified Proctor (ASTM D1657)110.0/test Standard Proctor (ASTMD 698).100.00/test ///.AGGREGATES LABORATORY TESTING SteveAnalysis(ASTMC 136)75.00/each Analysisof Material finer than#200Sieve (ASTM C117)47.00/each Combined Coarse and Fine 90.00/each Abrasion(ASTM C131)200.00feach Large Size Aggregate ,..,240.00feach Specific Gravity (ASTM C127or 128).;,55.00/each AbsorptionAnalysis(ASTM C127 or128)65.00feach Unit Weight(ASTMC29)50.00/each Specific Gravity and Absorption combined(ASTMC127or128)70.00teach Crushed Particle Determination ,.80.00feacli IV.ASPHALT LABORATORY TESTING Extraction(ASTMD2172)(Includesgradation)165.00/each Extraction only 105.00/each Asphalt Cement by Ignition (Including gradation)145.00/each Marshall Density Specimens (ASTM 2726)(already mixed)...40.00/each Set of 3 samples 100.00/set Marshall Stability Flow and Density Specimens (ASTM D1559)(already mixed)45.00/each Set of 3 samples :120,OWset CoreDensity (Held cut),25.00/each PenetrationandSpecific Gravity (ASTMD5)75.00/each In-place Asphalt Dertslly with nuclear testing unit (equipment only)„56.00/day Asphalt Coring-person 61.00/hour Core Drilling Machine 75.00/day Generator 66.00/day 2|\>age 5.0Paymentand Partial Payments The CITY will make monthly payments or partial payments tothe 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 ofthe estimated total Basic Compensation indicated below for each phase; •15%uponcompletionand approval of Phase I •35%upon completion and approval of Phase 1L «55%upon submittal and approval of 50%complete drawings andoutline specifications of Phase III. •75%upon 100%completion and approval of Phases III and IV. •90%upon completion ofthe Project and approval of all WORK Phase V). «100%upon final completion and approval of WORK elements Aand 8 of Phase VI, The CONSULTANT shall submitan original invoice tothe City's project representative for each payment certifying the percentage ofthe WORK completed bythe CONSULTANT, Theamountofthe invoices submitted shall bethe amount due for all WORK performed todate,as certified bythe CONSULTANT. Therequest for payment shall include the following information: Project Nameand CONSULTANTS Name. Total Contract amount (CONSULTANT'S lumpsum negotiated),if applicable. Percent ofworkcompleted. Amount earned. Amount previouslybilled. Due this invoice. Balance remaining. Summary of workdonethis billing period. Invoice number and date, CONSULTANT'S W-9 Upon requestbythe CITY the CONSULTANT shall provide the CITY with certified payroll datafor the WORK reflecting salaries andhourly rates. 6.0 'fiiqht,QfPflfiisiQn$ All services shall be performed bythe CONSULTANT tothe satisfaction ofthe CITY'S representative, who shall decide all questions,difficulties and disputes of whatever nature which may arise under orby reason ofthis AGREEMENT,the prosecution and fulfillment ofthe services,andthe character, quality,amountandvalue and the representative's decisions upon all claims,questions,and Page15of40 Professional Service AGREEMENT Tpepe©12-3M2 (RevisedSK4-3-13,GM6-16-13) disputes shall be final,conclusive and binding upon the parties unless such determination is clearly arbitraiy or unreasonable.In theeventthatthe CONSULTANT doesnot concur inthejudgmentof the representative astoany decisions madeby him,he shall present Ns written objections tothe City Manager and shall abide bythe decision ofthe City Manager.Nothing inthis section shall mean todenythe right to arbitrate,by either party,in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Page16of40 Professional Sen/ice AGREEMENT Tpepe©12-31-12 {RevisedSK4-3-13,GM6-18-13) 7.0 Ownership of Pomments All reports and reproducible plans/and other data developed bythe CONSULTANT for thepurpose ofthis AGREEMENT shall become the property ofthe CITY without restriction or limitation in connection with the owner's useand occupancy ofthe project.Reuse ofthese documents without written AGREEMENT from the CONSULTANT shall bethe CITY'S sole risk andwithout liability and legal exposure tothe CONSULTANT. When each individual section ofthe WORK under this AGREEMENT is complete all oftheabove applicabledatashadbedeliveredtothe CITY. 8.0 CQMrt Appearand Conferences end Hearing? Nothing inthis contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf ofthe OTY without additional compensation except for any dispute arising outofthis contract unless the CONSULTANT or Its employeeis subpoenaed totestifyasa fact witness.The amountofsuch compensation for expert preparation andtestimony or consultation shall be mutually agreed uponandbesubjecttoa supplemental AGREEMENT approved bytheCity Commissioners anduponreceiptof written authorization fromthe CITY prior to performance ofa court appearance and conference. The CONSULTANT shall conferwiththe QTY atanytime during construction ofthe improvement contemplated asto 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 Nofoe$ Any notices,reports orother written communications from the CONSULTANT tothe QTY shall be considered delivered when received bythe CITY.Any notices,reports orother communications from the CITY to the CONSULTANT shall beconsidereddeliveredwhenreceivedby the CONSULTANT oritsauthorized representative. 10.0AuditRights The CITY reserves the right toauditthe records ofthe CONSULTANT related tothis AGREEMENT at anytime during the execution ofthe WORK and for a period ofone year after final payment is made.This provision is applicable only to projects thatare onatimeandcost basis. no Subletting The CONSULTANT shall not sublet,assign,or transfer any WORK under this AGREEMENT without thepriorwrittenconsent of the CITY. Page17of40 Professional Service AGREEMENT Tpepe©12-3M2 (RevisedSK 4-3-13,GM6-18-13) i2.o Warranty The CONSULTANT warrants thatithasnot employed or retained any company or person,other thanabona fide employee working solely for the CONSULTANT,to solicit or secure this contract andthathehasnot paid or agreed topayany company or person otherthanabona fide employee working solely for the CONSULTANT any fee,commission,percentage fee,giftsoranyother considerations contingent uponor resulting from the award or making ofthis contract.For breach or violation ofthis warranty,the CITY shall havethe right to annul thiscontractwithout liability. 13.0Termination QfAqREEM^NT Itisexpresslyunderstoodandagreedthatthe CITY may terminate this AGREEEMENT without penalty by declining toissue Notice to Proceed authorizing WORK,in which eventthe CITY'S sole obligation tothe CONSULTANT shall bepayment for the WORK previously authorized and performed in accordance withthe provisions ofthis AGREEMENT,such payment tobe determined onthe basis ofthe WORK performedbythe CONSULTANT uptothetimeof termination. Upon termination,the CITY shall beentitledtoa refund ofany monies paid forany period oftime subsequenttodateof termination for whichno work was performed. 14.0 Puratfonof AGREEMENT This AGREEMENT is for a time period of three (3)years,commencing upon approval and execution of AGREEMENT.This AGREEMENT shall remainin force untilthe actual completion of performance ofa given project awarded tothe CONSULTANT,or unless otherwise terminatedbythe OTY. 150 Renewal Option This AGREEMENT may be renewed,atthesole discretion ofthe QTY,foran additional period, Including renewals,ofone (1)year. 16,0 Pefanit In the eventeitherparty fails tocomplywiththe provisions ofthis AGREEMENT,the aggrieved party may declare theother party in default andnotifyhim In writing.Insuch event the CONSULTANT will onlybe compensated for any completed professional services.In theevent partial paymenthasbeenmade for such professional services notcompleted,the CONSULTANT shall returnsuchsumstothe CITY within ten (10)daysafternoticethatsaidsums are due.Inthe eventofany litigation betweenthe parties arising outofor relating in anywaytothis AGREEMENT orabreachthereof,eachparty shall bearitsowncostsand legal fees. Page18of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK4-3-13,GM6-18-13) 170 Insurance and Indemnification The CONSULTANT shall maintain during thetermof this AGREEMENT the insurance assetforthin "Attachment A.Insurance and Indemnification"tothis AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to performthesameor similar services. 19.0 cpde&Ordinances and laws The CONSULTANT agreesto abide andbe governed by all duly promulgated and published municipal, County,stateand federal codes,ordinances,rules,regulations and laws ineffectatthetimeof design which have adirect bearing onthe WORK involved onthis project.The CONSULTANT is required to complete and sign all affidavits,including Public Entity Crimes Affidavit form (attached) pursuantto FS 287.1330)(a),as required bythe Request for Qualifications applicable tothis AGREEMENT. 20.0 iaaes CONSULTANT shall be responsible forall payments of federal,state,and/or local taxes relatedto the Operations,inclusive of sales taxifapplicable. 21.0 Prug Free Workplace CONSULTANT shall comply with the Drug Free Workplace policy setforthin attachment #two which ismadeapartofthis AGREEMENT by reference. 22,0 independent Contractqr CONSULTANT isanindependent entity under this AGREEMENT and nothing herein shall be construedtocreatea partnership,joint venture,or agency relationship betweenthe parties. 23.0 DMtie?apdRe?pQnsiWllte CONSULTANT agreestoprovideits services during thetermofthis AGREEMENT in accordance with all applicable laws,rules,regulations,and health andsafetystandardsofthe federal,state,and City,whichmaybeapplicabletothe service beingprovided 24.0 ticenses andCertifications Page19of40 Professional Sen/Ice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) CONSULTANT shall secure all necessary business and professional licenses atitssoleexpense prior to executing the AGREEMENT. 25.0 Entirety of AGREEMENT This writing embodiestheentire AGREEMENT and understanding betweenthe parties hereto,and there are no other AGREEMENTS and understandings,oral or written,with reference tothe subject matterhereof that are notmerged herein and superseded hereby. No alteration,change,or modification ofthetermsofthis AGREEMENT shall be valid unlessmade in writing andsignedbyboth parties hereto,and approved bythe City Commissioner if required by municipal ordinanceor charter. 26.0 Jury Trial CITY and CONSULTANT knowingly,irrevocably voluntarily and Intentionally waive any right either may have toa trial by jury inStateor Federal Court proceedings in respect toany action,proceeding, lawsuit or counterclaim arising outofthe Contract Documents orthe performance oftheWork thereunder. 27.0 Validity of footed Copies This AGREEMENT maybeexecutedin several counterparts,eachof which maybe construed asan original. 28.0 BMlesoftnterpret^lQn Throughoutthis AGREEMENT themale pronoun maybesubstituted for female andneuterandthe singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability Ifanytermor provision ofthis AGREEMENT orthe application thereof toany person or circumstance shall,toany extent;be invalid or unenforceable,theremainder of this AGREEMENT,or the application of such termor provision to persons or circumstances otherthanthoseto which it isheld invalid or unenforceable,shall notbe affected thereby and eachtermand provision ofthis AGREEMENT shall be valid and enforceable tothe fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agreethatno failure to exercise andno delay in exercising any right,power or privilege underthis AGREEMENT onthe part of either party shall operate as a waiver ofany right, power,or privilege underthis AGREEMENT.No waiver ofthis AGREEMENT,inwholeor part, including the provisions ofthis paragraph,maybe implied byanyactor omission and will onlybe Page 20of40 Professional Service AGREEMENT Tpepe€>12-31-12 (RevisedSK 4-343,GM6-18-13) valid and enforceable ifin writing and duly executed by each ofthe parties to this AGREEMENT. Any waiver ofanyterm,conditionor provision ofthis AGREEMENT will not constitute awaiverof anyother term,condition or provision hereof,norwill a waiver ofany breach ofanyterm,condition or provision constitute a waiver ofany subsequent or succeeding breach. 31.0 Ns.Qiscriminatfon No action shall betakenbythe CONSULTANT which would discriminate against any person onthe basis of race,creed,color,national origin,religion,sex,familial status,ethnicity,sexual orientation or disability.The CONSULTANT shall complywiththe Americans with Disabilities Act 32:0 Equal Employnwot Inaccordancewith Federal,Stateand Local law,the CONSULTANT shall not discriminate against anyemployeeor applicant foremployment because of race,color,ethnicity,religion,sex,sexual orientation,national origin or handicap.The CONSULTANT shall comply with all aspects ofthe Americans with Disabilities Act (ADA)during the performance of this contract 33.0 governing Haws This AGREEMENT andthe performance of services hereunder will be governed bythe laws ofthe Stateof Florida,with exclusive venue for the resolution ofany dispute beinga court ofcompetent jurisdiction in Miami-Dade County,Florida. 34.0EffectivePate This AGREEMENT shall notbecome effective and binding until it has been executed byboth parties hereto andthe effective date shall bethedateofits execution bythe last party so executing it 35,o Third Parly Beneficiary Itis specifically understood and agreed thatnoother person orentity shall be a third party beneficlaiy hereunder,andthatnoneof provisions ofthis AGREEMENT shall be for thebenefitofor be enforceable by anyone otherthanthe parties hereto,and thatonlythe parties hereto shall have anyrights hereunder. 36.0 FMrtherAswrance? The parties hereto agree to execute any and all otherand further documents asmightbe reasonably necessary inorderto ratify,confirm,and effectuate theintentand purposes ofthe AGREEMENT. 37.0 lime of.Essence Page 2%of40 Professional Service AGREEMENT Tpepe©12-31«12 (Revised SK4-3-13,GM 6-18-13) Time is of the essence of this AGREEMENT. 38,0 Interpretation This AGREEMENT shall notbe construed more strongly against either party hereto,regardless of who was more responsible for its preparation. 39.0 Force Majeure Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God,civil commotion,strikes,labor disputes,or governmental demandsor requirements that could notbe reasonably anticipated andthe effects avoided or mitigated.Each party shall notifytheotherofanysuch 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 bedeemed delivered onthedateshownonthe delivery confirmation orifby certified mail,thedateonthe returnreceiptor the date shownasthedatesamewasrefusedorunclaimed.Noticesshallbe delivered tothe following individuals or entities atthe addresses (including e-mail)or facsimile transmission numbers set forth below; To OTY: With copies by U.S.mailto: To CONSULTANT: City Manager,51*)/€r\MexAr>t>&fi- 6130 Sunset Dr. South Miami,FL 33143 E-mail:5 Me^A^oe^^$omUr^i fo*u fL^osf CityAttorney,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax:(305)341-0584 E-mail:tpepe@southmiamifl.gov John P.Downes,Manager,Florida Operations Stanley Consultants,Inc. 1641 Worthington Road,Suite 400 West Palm Beach,FL 33409 Phone:(561)689-7444 Fax:(561)689-3003 E-mail:downesjohn(§>stanleygroup.com Page22of40 Professional Service AGREEMENT Tpepe®12-31-12 (Revised SK 4-3-13,GM 6-18-13) IN WITNESS WHEREOF,this AGREEMENT is accepted on tlie date first above written subject tothe terms and conditions set forth herein. WITNESSES VlA/isp/y/jwUtv*?.T£ AUTHENTICATION: Signature:' CONTRACTOR Signature:S^'^^^V^^t^rrr^ Name:J£hr])P.Downes Title:Manager.Florida Operations OWNER:CITY OF SOUTH MIAMI Signature: Language,Legality and Execution Page 23 of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13.GM6-18-13) Attachment A Insurance and Indemnification Page 24of40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Insurance and Indemnification l.InsuranceandIndemnification Without limiting Its liability,the proposing firm shall be required toprocureand maintain atits ownexpenseduringthe life oftheContract,insurance ofthetypesand in the minimum amountsstated below as will protectthe proposing firm,from claims which may arise outof orresult from the proposing firm's execution ofacontract with the City ofSouth Miami for Performance Based Audits,whethersuch execution bythe firm orbyanysub-consultant,orby anyone directly or indirectly employedbyanyofthemorby anyone forwhoseactsany of themmaybe liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance required bythe CITY.The CONSULTANT shall indemnify andsavethe QTY harmless from anyand all damages,claims,liability,losses andcausesof actions ofany kind ornature arising outofa negligent error,omission,oractofthe CONSULTANT,itsagents, representatives,employees,Sub-Contractor,or assigns,incident toarisingoutoforresulting fromthe performance ofthe CONSULTANT'S professional services underthis AGREEMENT. The CONSULTANT shall payall claims and losses ofany kind ornature whatsoever,in connection therewith,including the CITY'S attorney'sfeesandexpensesinthedefenseofany actionin law orequitybroughtagainstthe CITY arising from thenegligent error,omission,or actofthe CONSULTANT,its agents,representatives,employees,Sub-Contractor,or assigns, incidentto,arising outofor resulting fromthe performance ofthe CONSULTANT'S professional services underthis AGREEMENT. The CONSULTANT agrees andrecognizesthatthe CITY shall notbeheld liable orresponsible forany claims,including thecostsand expenses of defending such claims which mayresult fromorariseoutofactionsoromissionsofthe CONSULTANT,itsagents,representatives, employees,Sub-Contractors,sub-contractors,or assigns.In reviewing,approvingor rejecting anysubmissionsoractsofthe CONSULTANT,the CITY innowayassumesorshares responsibility or liability ofthe CONSULTANTS,Sub-Contractors,theiragentsor assigns, The CONSULTANT shall maintainduringthetermofthis AGREEMENT the following insurance: A.Professional Liability Insurance ona Florida approved form intheamountof $1,000,000 withdeductibleper claim if any,notto exceed 5%ofthe limit of liability providing forall sums which the CONSULTANT shall become legally obligated topayasdamagesfor claims arising outofthe services or work performed bythe CONSULTANT itsagents, representatives,Sub-Contractorsorassigns,orbyanypersonemployedorretainedby him in connection with this AGREEMENT.This insurance shall be maintained for four yearsInsuranceand Indemnification July 25,2012 aftercompletionoftheconstruction andacceptanceofany Project coveredbythis AGREEMENT.However,the CONSULTANT Page25of40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) may purchase Specific Project Professional Liability Insurance,intheamountandunder the termsspecifiedabove,whichisalsoacceptable. B.Comprehensivegeneral liability insurance withbroad form endorsement ona Florida approvedform including automobile liability,completedoperationsandproducts liability,contractual liability,severability ofinterestwithcross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limitper occurrence and $2,000,000 aggregate,including: a.Personal Injury:$1,000,000; b.Medical Insurance $25,000 per person; c.Property Damage:$500,000 each occurrence; d Automobile Liability:$1,000,000 each accident/occurrence. C Umbrella Commercial General Liability insurance ona Florida approved form withthe same coverage asthe primary insurance policy butintheamountof $1,000,000 per claim. TheQTYmustbenamedasadditional "named"Insured for all exceptWorkers' Compensation,andreflect the indemnification andholdharmless provision contained herein.Policy mustspecifywhetheritis primary orexcess/umbrella coverage.The CITY must receive 10daysadvancewrittennoticeofany policy modification and30days advance written noticeof cancellation,including cancellation fornon-paymentof premiums.Allinsurancemustremainin full forceand effect for the durationofthe contractperiodwiththe CITY.The CONSULTANT mustprovidenotonlya "certified copy'' of the Binder butalso the Policy itselfwiththename,addressandphonenumberofthe agent andagency procuring the insurance. D.Workman's Compensation InsuranceincompliancewithChapter440,Florida Statutes,as presently writtenorhereafter amended. E.The policies shall containwaiverof subrogation againstthe CITY where applicable,shall expressly provide thatsuch policy or policies are primary overanyother collective insurance thatthe CITY mayhave.The CITY reserves therightatanytimetorequesta copy of therequiredpoliciesfor review.All policies shallcontaina "severability of interest"or "cross liability"clausewithoutobligationforpremiumpaymentofthe CITY. F.All of theabove insurance required tobe provided bythe CONSULTANT istobe placed with BEST rated A-8 (A-VID)orbetter insurance companies,qualified todobusiness underthe laws oftheStateof Florida on approved Florida forms. The CONSULTANT shall furnish certified copies of all "Binders"or certificates of insurance tothe CITY prior tothe commencement ofoperations,which "Binders"orcertificates shall clearly indicate thatthe CONSULTANT has obtained insurance inthetype,amount, Page26of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK4-3-13,GM 6-1843) and classification as required forstrictcompliancewiththisSectionandthat no reduction in limits by endorsement during the policy term,or cancellation ofthis insurance shall be effective withoutthirty (30)days prior written noticetothe CITY. Compliance withthe foregoing requirements shall not relieve the CONSULTANT ofhis liability and obligations under this Section orunder any other portion ofthis AGREEMENT. CONSULTANT agreestosupplycopiesof certificates of insurance tothe CITY verifying the above-mentioned insurance coverage.CONSULTANT agreestolistthe CITY asan Additional Insured ofthe CONSULTANT'S General liability insurance and shall provide the CITY quarterly reports concerning anyand all claims. Page 27 of40 Professional Service AGREEMENT Tpepe©12-3M2 (RevisedSK 4-3-13,GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondentsmustcompleteandsubmitwiththeir proposal.) Page28of40 Professional Seivice AGREEMENT Tpepe©l2-3M2 (Revised SK 4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent'sSworn Statement under Section 287.133(3)(A),Florida Statutes,on Attachment #1 "Public EntityCrimesandConflicts of Interest Affidavit/'shallbe completedand provided with the proposal submittal. 2>Neither the CONSULTANT,noranyof his/her/Its employees shall be permitted to representanyclientbeforethe Commission orany Committee,department oragencyof the CITY,andshallagreenotto undertake anyother private representation which might create a conflict ofInterestwiththe CITY,The CONSULTANT maynotrepresentany Commission member,individually,or,anymemberoftheir family orany business In which the Commission member oftheir family hasaninterest 3.All proposals received will be considered public records.The CITY will consider all quotationsusingsuch criteria asthe Commission or City Manager mayadoptateitherof theirsole discretion.The CONSULTANT selected will be required toenter Into a formal AGREEMENT withthe QTY In aform satisfactory tothe CITY,priortotheexecutionof whichthe CITY shallreserveallrights,Including therighttochangeitsselection. 4.Respondent's Attachment #2"Drug Free Workplace"form shallbecompletedand provided with the proposal submittal. 5.Respondent's Attachment #3"NoConflict of Interest NonCollusion Affidavit/'shall becompletedandprovidedwiththeproposalsubmittal. 6.Respondents Attachment #4 "Acknowledgement and Conformance with OSHA Standards/*shallbe completed and provided withthe proposal submittal. 7.Respondents Attachment#5 "Related Party Transaction Verification Form"shall be completedandprovidedwiththeproposalsubmittal. Page29of40 Professional Service AGREEMENT Tpepe€>12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287,133,Florida State Statutes -!,A personor affiliate whohasbeen placed onthe convicted vendorlist following aconvictionfora public entitycrimemaynotsubmita Bid ona Contract toprovideanygoodsor services toa public entity,maynotsubmita Bid ona Contract witha public entityforthe construction or repair ofa public building or public work;may not submit bids on leases of real property toa public entity,maynotbe awarded to perform work asa Contractor,supplier,Subcontractor,or Consultant undera Contract withanypublic entity,andmaynot transact businesswithany public entityin excess ofthe threshold amount Category Two of Section 287.017,Florida Statutes,for thirty six (36)months from thedateofbeing placed onthe convicted vendor list". The award ofanycontract hereunder issubjecttothe provisions ofChapter 112f Florida State Statutes.The CONSULTANT mustdisclosethenameofany officer,director,partner,associateor agentwhois also an officer oremployeeofthe City ofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TOSECTION 287.133 (3){a), FIQR1PA$TATUTE$,ON PUBLIC ENTITY CRIMES THIS FORMMUST BE SIGNEDAND SWORN TOIN THE PRESENCE OFANOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.Thissworn statement is submitted toCityofSouth Miami [print nameofthepublicentity} by John Pi Pownes,Manager,Florida Operations , [print individual's nameandtitle] For StgnlgyCoreuftamUnCt _,\^ [print nameofentity submitting swornstatement] whosebusinessaddress Is 1641 Worthington Road.Suite400 West Palm Beachi FL 3340? and(if applicable)its Federal Employer Identification Number (FEIN)is 42-1320758 (Iftheentityhasno FEIN,includethe Social Security Numberofthe individual signing this sworn statement:) 2.I understand thata "public entity crime"asdefinedin Paragraph 287.133 d )(g),Florida Statutes,meansaviolationofanystateor federal lawbyapersonwithrespecttoand directlyrelatedtothe transaction ofbusinesswithany public entityorwithanagencyor political subdivision of anyotherstateorofthe United States,including,butnot limited Page30of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-343,GM 6-18-13) to,anybidorcontract for goodsor services tobe provided to anypublicentityoran agencyor political subdivision of anyotherstateoroftheUnitedStatesand Involving antitrust,fraud,theft bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction11 asdefined in Paragraph 287.133 (0(b), Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,with or without ah adjudication of guilt,inany federal orstate trial courtof record relating to charges brought by indictment or information after July 1,1989,asa result ofa jury verdict,nonjury trial,or entry ofa plea of guilty ornolo contender. 4.I understand thatan "affiliate"as defined in Paragraph 287.133(1 )(a),Florida Statutes, means: (a)A predecessor or successor ofa person convicted ofapublicentity crime;or (b)Anentityunderthe control ofany natural person whois active in the management ofthe entity and who has been convicted ofa public entity crime.The term "affiliate"includes those officers,directors,executives,partners,shareholders,employees, members,andagentswho are active inthe management ofan affiliate.The ownership byone person of shares constituting a controlling interest in any person,ora pooling of equipmentorincomeamongpersonswhennotfor fair marketvalueunderanarm's length AGREEMENT,shall bea prima facie casethatone person controls another person. A person who knowingly entersintoajoint venture withapersonwho has been convicted ofa public entity crime in Florida during the preceding 36months shall be considered an affiliate. 5.I understand thata "person"as defined In Paragraph 287.133 (I )(e)(Florida Statutes. meansany natural person or entity organized underthe laws ofanystateorofthe United States withthe legal powertoenterintoa binding contractand which bidsor applies tobidon contracts for the provision ofgoodsor services ledbya public entity, or which otherwisetransacts or applies to transact businesswitha public entity.Theterm "person"includes those officers,directors,executives,partners,shareholders,employees, members,andagentswho are active in management ofanentity. 6.Based on information andbelief,the statement which I have marked below is true in relation totheentitysubmittingthis sworn statement [Indicate whichstatement applies,] X Neithertheentitysubmittingthis sworn statement,noranyofits officers,directors, executives,partners,shareholders,employees,members,oragentswhoare active inthe managementoftheentity,norany affiliate oftheentityhasbeenchargedwithand convictedofa public entitycrimesubsequentto July I,1989. Theentitysubmittingthisswornstatement,oroneormore of its officers,directors, executives,partners,shareholders,employees,members,oragentswhoare active inthe Page31of40 Professional Service AGREEMENT Tpepe£>12-31-12 (RevisedSK 4-3-13,GM6-18-13) management ofthe entity,oran affiliate oftheentity has been charged with and convictedofapublicentitycrime subsequent to July 1,1989, Theentity submitting this sworn statement,oroneormoreofits officers,directors, executives,partners,shareholders,employees,members,or agents who are active inthe management ofthe entity,or an affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent of July 1,1989,However,there hasbeena subsequent proceeding beforea Hearing Officer ofthe State of Florida,Division of Administrative Hearings andthe Final Order enteredbythe Hearing Officer determined thatitwasnotin the publicinterestto place theentitysubmittingthissworn statement ontheconvictedvendor list.[Attach acopy of the final order.] IUNDERSTANDTHATTHESUBMISSIONOFTHISFORMTOTHECONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBUC ENTITY ONLY,AND THAT THIS FORM IS VALID THROUGH DECEMBER 31OF THE CALENDAR YEAR IN WHICH IT IS FILED.IALSO UNDERSTAND THAT IAM REQUIRED TO INFORM THE PUBUC ENTITY PRIORTO ENTERING INTOA CONTRACT IN EXCESS OFTHETHRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES,FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.:y _ ^C3 [signature] Sworn to and subscribed before me this ffi.day of Uuii/20_L2l JS Personallyknownor Produced identification Notary Public -Stateof Florida MycommissionexpiresAugust 25.2015 (Type of identification) (Priflted,typed or stamped commissioned name of notary public) Page32of40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13,GM 6-18-13) ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price,quality and service are received bythe State orby any political subdivisions forthe procurement of commodities or contractual services,a Bid received froma business that certifies that ithasimplementedadrug- free workplace program shall be given preference in the award process.Established procedures for processing tie Bids will be followed ifnoneofthetied vendors havea drug-free workplace program.Inordertohaveadrug-free workplace program,abusiness shall: 1.Publish astatement notifying employees thatthe unlawful manufacture,distribution, dispensing,possession,oruseofa controlled substance is prohibited inthe workplace and specifying the actions that will betaken against employees for violations ofsuch Prohibition. 2.Inform employeesaboutthedangersofdrugabuseinthe workplace,the business1 policy of maintaining a drug-free workplace,any available drug counseling, rehabilitation,and employee assistance programs,andthe penalties thatmaybe imposeduponemployeesfordrugabuse violations. 3.Give eachemployeeengagedin providing the commodities or contractual services that areunder Bid acopyofthestatement specified in Subsection (I). 4.Inthestatement specified in Subsection (I),notify the employees,that,asa condition of workingonthecommoditiesor contractual services thatareunder Bid,theemployee will abidebythetermsofthestatementand will notify the employer ofany conviction of,or pleaof guilty ornolocontenderto,any violation of Chapter 893or of any controlled substancelawofthe United Statesoranystate,fora violation occurringinthe workplace nolaterthan five (5)daysaftersuch conviction. 5.Imposeasanctionon,orrequirethe satisfactory participationinadrugabuseassistance or rehabilitation program,ifsuchis available intheemployee's community,byany employeewhoissoconvicted. 6.Makeagoodfaitheffortto continue tomaintainadrug-freeworkplacethrough implementation ofthissection. Asthepersonauthorizedtosignthestatement,I certify thatthis firm complies fully withthe above requirements. PROPOSER'S /^/C?Vv Signature:SphaA ,\nk>>»^ Page33of40 Professional Service AGREEMENT Tpepa©12-31-12 (RevisedSK 4*3-13,GM6-18-13) Print Name:John P.Dowries.Manager;Florida Operations Date:My 3,2013 Page34 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13,GM6-18-13) ATTACHMENT #3 "NO CONFLICTOF INTEREST/NON COLLUSION AFFIDAVIT Submitted this 3rd day of July.2013, The undersigned,as CONSULTANT,declares thatthe only persons interested in this AGREEMENT arenamed herein;thatnoother person has any interest inthis AGREEMENT; That this response ismade without connection or arrangement with anyother person;andthat this responseisineveryrespect fair andmadeingood faith,without collusion or fraud. The CONSULTANT agreesif this response/submission is accepted,toexecuteanappropriate CITY documentforthepurposeof establishing a formal contractual relationship betweenthe CONSULTANT andthe CITY,forthe performance of all requirements to which the response/submission pertains. The full-names and residences of persons and firms interested inthe foregoing bid/proposal,as principals,areas follows: The CONSULTANT further certifies that this response/submission complies with section 4(c)of the Charterofthe City ofSouth Miami,Florida.That,tothebestofItsknowledgeand belief,no commissioner,Mayor orother officer or employee ofthe CITY hasaninterest directly or indirectly In theprofitsoremolumentsofthe Contract,job,work orserviceto which the response/submission pertains^7 f~\rv . Signature:Q^S *\}bth^—> PrintedName:John Pi Powne? Title:,.,Manager,Florida Operation? Telephone:S61-689-7444 CompanyName:Stentey Consultants,Inc, Page35of40 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK4-3-13,GM 6-18-13) NOTARY PUBLIC: stateof ptoriti^ COUNTY OF fmiO ^CO(k\. The foregoing instrument was acknowledged before me this3l day of hduXLl.20 0 by ^fo(Y\Y:~~Db\&neh (name of person whose signature is being notarized)who Is *f Personally known or Personal identification SEAL mmasBaata&u*& BJWSfiiMinmi lAfMMftfltt Page36 of 40 Professional Service AGREEMENT Tpepe€>12«31-12 (RevisedSK 4-3-13,GM6-18-13) Typeof Identification Produced Did takeanoath,or \SL DidNottakeanoath. /+ otary C|pbllc#intf ortypeas commissioned.) Stamp ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We,Stanley Consultants.Inc..(Name of Contractor),hereby acknowledge andagreethatas CONSULTANT,asspecifiedhavethesole responsibility for compliance withalltherequirements ofthe Federal Occupational Safety and Health Act of 1970,and ail Stateand local safety and health regulations,andagreeto indemnify and hold harmless the City ofSouth Miami against anyandall liability,claims,damages,lossesandexpensestheymayincurduetothefailureof (subcontractor's names): to comply with suchactor regulation. CONTRACTOR Stanley Consultants,Inc,.'^-J^j^u^cl/u ) (/WitnessBY:JohnP.Downes Cfe? Name ^ Manager,Florida Operations Title Page37of40 Professional Service AGREEMENT Tpepe©12-3M2 (Revised SK 4-3-13,GM 6*18-13) ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I John pr Pownss .individually andonbehalfof Stanley Consultants.foe,("Firm") [Nairn ofRepresentative}[CompanylVenitortEntltyi havereadtheCity of South Miami (CITY)'s Codeof Ethics,Section 8A-1 of the CITY'S Code of Ordinances andIhereby certify,under penalty of perjury thattothebestofmy knowledge, information and belief: 1.NeitherInor the Firm haveanyconflict of interest(asdefinedinsection 8A-I)with regard tothe contract orbusinessthat I,and/orthe Firm,am (are)abouttoperformfor, or to transactwith,the CITY,and 2.NeitherInoranyemployees,officers,directors ofthe Firm,nor anyor\e whohasa financial interestgreaterthan 5%inthe Firm,hasany relative(s),asdefinedinsection 8A-I,whoisanemployeeofthe CITY orwho is(are)an appointed orelected official of the CITY,orwho is(are)amemberofany public body created bythe City Commission, i.e.,a board or committee of the CITY,and 3.NeitherInorthe Firm,noranyonewhohasa financial interest greater than 5%inthe Firm,noranymemberofthose persons'immediate family (i.e„spouse,parents,children, brothersandsisters)hastransactedor entered intoany contracts)withthe CITY orhasa financial interest,director indirect,inanybusinessbeing transacted withtheOTY,or withanypersonoragencyacting for the CITY,otherthanas follows:(useaseparate sheet tosupply additional information that will notfitonthislinebutmakereferenceto the additional sheet which must beSignedunderoath). 4.Noelectedand/orappointed official oremployeeofthe City of Miami,oranyoftheir immediate family members (Le„spouse,parents,children,brothersand sisters)hasa financially Interest;directly or indirectly,inthecontractbetweenyouand/oryour Firm andthe CITY otherthanthe following individuals whose Interest isset forth following their names: None N(useaseparatesheettosupply additional information that will not fitonthislinebutmakereferencetotheadditionalsheetwhichmustbesignedunder oath),Thenames of all CITY employeesandthatof all electedand/orappointed CITY officials orboardmembers,whoown,directly or indirectly,aninterestof five percent (5%)ormore of thetotalassets of capital stockinthe firm areas follows: None(useaseparatesheettosupply additional information that will not fitonthisline but makereferencetothe additional sheetwhichmustbesignedunder oath). 5.I andthe Firm furtheragreenottouseor attempt touseanyknowledge,propertyor resourcewhichmaycometousthroughourpositionoftrust,orthroughour Page38of40 Professional Service AGREEMENT Tpepe«>12-31-12 (RevisedSK4-3-13,GM 6-18-13) performanceofourdutiesunderthetermsofthe contract withthe CITY,tosecurea special privilege,benefit,orexemptionfor ourselves,orothers.Weagreethatwemay not disclose oruse information,not available tomembersofthegeneral public,forour personal gainorbenefitorforthe personal gainorbenefitofanyother person or business entity,outsideofthe normal gain orbenefitanticipated through the performance of the contract, 6.Iandthe Firm hereby acknowledge thatwehavenot contracted or transacted any businesswiththe CITY oranypersonor agency acting forthe CITY,andthatwehavenot appearedin representation ofany third party beforeany board,commission oragencyof the CITY within thepasttwo years other than as follows:(use a separate sheettosupply additional information that will not fit on this line but make reference to the additional sheet which mustbesignedunder oath).Neither Inoranyemployees,officers,or directors ofthe Firm,noranyoftheirimmediate family (i.e.,asaspouse,son,daughter, parent,brother or Sister)is related bybloodor marriage to: (i)anymemberofthe City Commission; (ii)any CITY employee;or (III)anymemberofany board or agency ofthe CITY otherthanas follows: Mqdsl Juse a separate sheetto supply additional information that will not fitonthisline but makereferencetothe additional sheetwhich must besignedunder oath), Noother Firm,norany officers or directors ofthatOther Firm oranyonewhohasa financial interest greater than 5%inthatOther Firm,noranymember of those persons1 immediate family (i.e.,spouse,parents,children,brothersand sisters)nor any ofmyimmediate family members (hereinafter referred toas "Related Parties'1)hasrespondedtoa solicitation by the CITY inwhichIorthe Firm thatI represent oranyonewhohasa financial interest greaterthan 5%inthe Firm,oranymemberofthose persons1 Immediate family (Le. spouse,parents,children,brothersand sisters)havealsoresponded,otherthanthe following: None ,(use a separate sheetto supply additional information that will notfitonthisline but make referencetotheadditional sheet which must besigned under oath). 8.Iandthe Firm agreethatweare obligated tosupplementthis Verification Form and informthe CITY ofanychangein circumstances thatwouldchangeour answers tothis document.Specifically,aftertheopeningofany responses toa solicitation,1andthe Firm havean obligation to supplement thisVerification Form withthenameof all Related Parties whohavealsorespondedtothesame solicitation andto disclose the relationship ofthose parties tomeandthe Firm. Page39of40 Professional Service AGREEMENT Tpepe©12*3M2 (RevisedSK 4-3-13,GM 6-18-13) 9.A violation ofthe CITY'S Ethics Code,thegivingof any false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm toimmediatetermination of any AGREEMENT withthe CITY,andthe imposition ofthe maximum fineand/orany penalties allowed by law.Additionally,violations maybe considered byandsubjectto actionby the Miami-Dade CountyCommissionon Ethics. Under penalty of perjury,1declare thatIhavemadea diligent effortto investigate the matters:to whichIamattestinghereinaboveandthatthestatementsmade hereinabove aretrueand correct tothe best of myknowledge,information andbelief Signature: IPrintName&Title:John P.Downes.Manager.Florida Operations | Date:JMly3,3tt3 ATTACHED:Sec.8A-1 -Conflict of interest and code of ethics ordinance. Page40 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) MIAMI MMf September 15,2016 Mr.Steven Alexander City Manager Cityof South Miami 6130 Sunset Drive,City Hall 1st Floor South Miami,Florida 33143 Re:Request for acceptance of the selected the consultant Stanley Consultants,Inc.for SW 64th Street,between SW 57th Ave.and 62nd Ave.(Bike Lanes)project Dear Mr.Alexander: Public Housing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136-3914 T 786-469-2100 •F 786-469-2236 miamidade.gov Miami-DadeCountyPublic Housing and Community Development (PHCD)has reviewed and accepted the Cityof South Miami's(theCity)selection of Stanley Consultants,Inc.as the qualified bidder.Thisisfora consultant to provide Environmental and Structural services for SW 64th Street,between SW 57th Ave.and 62nd Ave.(Bike Lanes)project,located at 6701 SWStiP Place,South Miami,FL 33143. The City selected Stanley Consultants,Inc.as aqualifiedbidder based on experience. Thetotalapprovedcontract amount is for$31,905,as reflectedinthebidder'sproposal.Uponexecutionof the agreement between theCityof South MiamiandStanley Consultants,Inc.,please forwarda signed copy to,Letitia Goodson,Project Manager. Ifyou have any questions or concerns,contact meat 786-469-2220. Sincerely, letitia S.Goodson Project Manager Enclosure(s) c:Alfredo Riverol,Chief Financial Officer,City of South Miami Grizel Martinez,Cityof South Miami Clarence Brown,Division Director,PHCD Tangie White,Manager,Project Management,PHCD PHCD Fiscal Section CELEBRATING Stanley Consultants inc.*^**mnm Abe™,w™ July 14,2016 Grizel Martinez Engineering &Construction Division City of South Miami 4795 SW 7.5 Avenue Miami,Fl 33155 Dear Ms.Martinez: Subject:SW 64th Street Improvement from 57^to 62nd Avenues Phase II EnvironmentalSite Assessment Proposal Stanley Consultants is pleased to present this proposal for a Phase II Environmental Site Assessment (ESA) investigation for the City of South Miami's SW64lh Street Improvements project The property is located along SW 64* Streetbetween 57th and 62nd AvenuesinSouth Miami,Florida. Project Understanding The City of South Miami (City)is requesting a.Phase II ESA for the portion ofSW 64th Street right-of-way (ROVy) between 57lh and 62nd Avenues in South Miami.Stanley Consultants completed a Phase I ESA ofthe property in April of 2016 and this Phase II ESA investigation is being usedto determine potential impacts from recognized environmental conditions (RECs)based onpast and current usesof the property and potential impacts from adjoining properties. Scopeof Proposed Work For this Phase II ESA,Stanley Consultants recommends collecting soil and groundwater samples atsix locations along the approximate 0,5 mile SW 64th Street ROW.The exact sampling locations may be adjusted in the field based on access,utilities,and safety concerns.Stanley Consultants will contact Sunshine 811 for utility locations prior to mobilizing tothe property.It will bethe responsibility ofthe City to locate any private utilities that are not the responsibility of public agencies or covered by Sunshine 811 and provide safe working conditions including any necessary lane closures or diversion of traffic. A licensed well driller certified in the State of Florida will be retained by Stanley Consultants to advance sixdirect push sampling points tocollect soil and groundwater samples toa maximum of 15 feet below ground surface (bgs).Stanley Consultants'field geologist/engineer will screen the soil for organic vapors with an organic vapor analyzer (OVA).One soil and groundwater sample will be collected from each boring.The soil sample will be collected at the depth ofthe highest OVA reading above the observed groundwater table.If no organic vapors are detected,the soil sample will be collected atthe soil-groundwater interface or ata depth determined by field observations.Groundwater samples will be collected at each location through the direct push screen point. Soil and groundwater samples will.be placed in containers provided byaStateof Florida certified laboratory,labeled, and placed on ice for preservation.Samples will be shipped under chain-of-custody tothe laboratory for analysis.Any excess soil generated during sampling activities will be spread onthe ground in the sampling locations.Purge water 2658 Crosspark Road »Suite 100 .Coralville.1A 52241 «phone 319.626.3990.fax 319.626.3993 wvyw.stanleyconsuitants.com Grizel Martinez July 14,2016 Page2 generated during groundwater sampling activities will discharged onto the ground inthe sampling locations for evaporation.Purge water andanyexcess soil will not be containerized or characterized for disposal purposes. Report Preparation Upon receipt ofthe analytical.results,Stanley Consultants will prepare a letter report summarizing the field activities and laboratory results.The report will compare the analytical results of soil samples to applicable Florida Department of Environmental Protection (FDEP)requirements and make recommendations for further action,if necessary. Analytical results of groundwater samples will be compared to EPA Drinkins Water Maximum Contaminant Levels and Florida Drinking Water Quality Standards.A draft letter report will be provided tothe City for.review.The City's comments will be addressed and two copies ofthe final letter report will be provided tothe City. Project Cost Stanley Consultants will provide the professional services referenced above for a lump sumfeeof $31,905 in accordance with the Professional Service Agreement for General Environmental &Structural Services between Stanley Consultants and the City dated July 3,2013.This fee includes drilling,sampling,and analytical services (at standard turnaround times),as well as reporting and expenses.Itemization ofthese costs are presented in the following table ScopeofWorkItem Associated Cost ($) ProjectLaborCosts 13.895 FieldExpenses 10.010 Analytical LabCosts 8,000 Total 31,905 If this scope ofservices and costare acceptable to you,please sign below and return to the attention ofJoe Rubino. Thank you for considering Stanley Consultants,Inc.,for this assignment.If you have any questions with regard to this proposal,please feel free to contact meat 319.626.5313 orJoe Rubino at 303.925.8282. Sincerely, Stanley Consultants,Inc, RebeccaL Svatos,P.E. Vice President Environmental and Urban Design Market Leader Authoriza6on-to-Proceed .*&i*' Signature cc:Joe Rubino-Stanley Consultants Courtney Arena -Stanfey Consultants Date CONTRACT FOR SW 64th Street Improvement Project Phase II EnvironmentalSite Assessment THIS CONTRACT,entered into this 27th day of October 20 16 ,by the CITY OF SOUTH MIAMI through its Manager,both of whom shall be hereinafter referred to as the "CITY"where applicable;located at 6130 Sunset Drive,South Miami,FL ,E-mail- salexandenasouthmiamifUov and Stanley Consultants,Inr with an office and principal place of business located at 1641 Worthineton Road.Suite 400.West Palm Beach pi mm and E.mail address of ^^t*^^and Facsjmj|e transmJssion number ^'a^ (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY is in need of Environmental Engineering ;and WHEREAS,the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR'S representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements;and WHEREAS,CONTRACTOR has agreed to provide the required goods and/or services in accordance with thetermsand conditions setforth herein. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,thepartiesagreeas follows: 1)Engagement of Contractor:Based on the representations of CONTRACTOR as set out in the following "checked"documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal,quote or response to solicitation whichever is applicable,as modified by the Contract Documents,or as is otherwise set forth in the Contract Documents defined below (ail of which is hereinafter referred to as the Work") ^ct)6 b°X lmmedjate,y PrcCeding the d0CUment described be,ow to ""tot.that such document is part of this a Contractor's response to the CITY's written solicitation;or VrContractor's proposal or quote,or if none, d As describedinparagraph2below. •u «,,2>•„^°n.traCt Documents:The Contract Documents shall include this Contract andthefolowingcheckeddocuments",as well as any attachments or exhibits that are made a part ofanyofthe"checkeddocuments". 2^^lmmedl3te,y PreC6dlng the d0Cument descrjbed bel™to indicate that such document is part of this a General Conditions to Contract, d Supplementary Conditions, */"Other Documents"referring to in this Contract and signed by the parties o Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid,request for proposal or similar request) d Scope ofServices, d Contractor's response to the CITY's Bid Documents, ^Contractor's proposal or quote, mCITY's Insurance &Indemnification Requirements, o Bonding of Employees (the term "employee",as used in this Contract,shall includevolunteers)-$1,000,000 d Payment Bond, d Performance Bond, Thomas F.Pepe2016 07/29/16 Page-1-of 4 Thjs Contract and the General Conditions to Contract,Supplementary Conditions,the Soliatation,Scope of Services and "Other Documents",if any are "checked documents"shall take precedent over the response to the CITY's Bid Documents,if any,or the proposal or the quote,if any.The "checked documents"are attached hereto and made a part hereof bv reference.y 3)Date of Commencement:CONTRACTOR shall commence the performance of the Work under this Contract on N-R-or a date to be specified in a Notice to Proceed,or Purchase Order,(hereinafter referred to as the "Work Commencement Date") and shall complete the performance hereunder within 70 days or the length of time set forth in the Contract Documents,whichever is the shorter period of time.Time is of the essence. 4)Primary Contacts:The Primary Conjact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"),assistant Manager,or the Manager's designee,who shall be designated in awriting signed by the Manager.The Primary Contact Person for CONTRACTOR and his/her contact information is as follows:Name- Mary Doihancey P.mai|-rnmcnma^^m^xmp^.303.799.8107 street Address- 8000S Chester St,Suite500,Centennial,CO 80112 5)Scope of Services:The goods and/or services to be provided are as set forth in the "checked documents". 6)Compensation:The CONTRACTOR'S compensation for CONTRACTOR'S performance under the terms and provisions of this Contract,or CONTRACTOR'S payments in the event CONTRACTOR is paying the City for the uses of the CITY's property or services (hereinafter referred to as the Contract Price)shall be one of the following,as indicated by one of the following checked box,tf S 31.905.00 or as set forth in a CONTRACTOR'S response to the CITY's written solicitation,if any,or,if none,then as set out in CONTRACTOR'S proposal or quote,the Scope of Services,or as set forth in,or modified by,one of the Contract Documents,whicheveris applicable. 7)Hours of Work:In the event that this Contract requires the performance of services,it is presumed that the cost of performing the Work after regular working hours,and on Sunday and legal holidays,is included in the Contract Price.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager,the Manager'sassistantordesignee. 8)Time Provisions:The term of this Contract shall commence on the Work CoTjnKcement Date and sha"continue for IJ^r davs or until !t exPires on—HI$C or un|ess earlier terminated according to the Contract Documents. Notwithstanding the foregoing,this Contract may be extended by an additional Mfo,period if the extension is in writing and signed by the City Manager.An extension of the term of this Contractisat the CITY's soleand absolute discretion. 9)Termination:This Contract may be terminated without cause by the CITY with 30 days of advanced written notice.This provision supersedes and takes precedence over any contrary provisions forterminationcontainedintheContract Documents. 10)Applicable Law and Venue:Florida law shall apply to the interpretation and enforcement of this Contract.Venue for all proceedings shall be in Miami-Dade County Florida.' 11)Duties and Responsibilities:CONTRACTOR shall comply with all applicable laws, ordinances,codes,rules,regulations,and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder,and shall commit no trespass on any private property in Page-2-of4 X Thomas F.Pepe 2016 07/29/16 performing anyofthe work embraced by this Contract.Each and every provision and/or clauserequiredbylawtobe inserted inthisContractshallbe deemed tobeinsertedherein andthisContractshallbereadandenforcedasthoughsuchprovisionsand/orclauseswere included herein. 12)ChangeOrders:NoadditionalWorkorextrasshall be done unless the same is duly authorized in writing and in advance ofthe work by appropriate action by the City Manager and in accordance with the Contract Documents. 13)Licenses and Certifications:Contractor shall secureall necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14)Insurance,Indemnification &Bonding:CONTRACTOR shall comply with the insurance,indemnificationandbondingrequirementssetforthin the ContractDocuments. 15)Liquidated Damages:In the event that CONTRACTOR shall fail to complete the Work within thetime limit setforthinthe Contract Documents,ortheextendedtime limit agreed upon,in accordance with the procedure asmore particularly set forth in the Contract Documents,liquidated damages shall be paid at the rate of $tJflST dollars per day until the Workis completed. 16)Jury Trial Waiver:The parties waive their right tojurytrial. 17)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute theentire agreement ofthe parties and supersedes any prior agreements,written or oral.The Contract Documents may not be modified or amended except in writing,signed by both parties hereto and if this Contract is required to be approved by the City Commission,all amendments thereto must be approved in the same manner and with the same formality as this Contract.The Contract Documents,in general,and this paragraph,in particular,shall not be modified or amended by any acts or omissions ofthe parties.No failure to exercise and no delay in exercising any right,power or privilege shall operate asa waiver.No waiver ofthe Contract Documents,in whole or part,including the provisions of this paragraph,may be implied byany act or omission. 18)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701)while providing goods and/or services on behalf of the CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Project and shall:(a)Keep and maintain public records required by the public agency to perform the service;(b)Upon request from the public agency's custodian of public records,provide the public agency with a copy ofthe requested records or allow the records tobe inspected or copied within a reasonable time ata cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency;and (d)Upon completion of the Contract,transfer,at no cost,to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service.If CONTRACTOR transfers all public records to the public agency upon completion of the Contract,CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If CONTRACTOR keeps and maintains public records upon completion of the Contract,CONTRACTOR shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,in a format that is compatible with the information technology systems ofthe public agency. Thomas F.Pepe2016 07/29/16 Page-3-of 4 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340;E-mail: mmenende2@s0uthmlamlfl.gov;6130 Sunset Drive,South Miami,FL .33143. 19)Background Screening.All personnel and volunteers that will provide any service with vulnerable persons,as defined in Section 435.02,Fla.Stat.,involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as' per,Florida Statute Ch.435 prior tothe scheduled startofany employee orvolunteer. CONTRACTOR shall prevent any and all of its personnel,including volunteers,from engaging in any such related activities without having passed a background screening tothe satisfaction of the City.Aviolation ofthis requirement shall constitute a substantial breach ofthis Contract. 20)Drug Free Workplace.CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made apartof this Contract by reference. 21)Transfer andAssignment.None ofthe work orservicesunderthis Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22)Notices.All notices given orrequiredunderthisContractshallbedeemed sufficient ifsent by a method that provides written evidence of delivery,including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail,senttothe address contained herein for the parties or their contact persons, asnotdeliverableorforfailureto claim the mail shallbedeemedreceivedonthe date that the mail is returned to sender. IN WITNESS WHEREOF,the parties,haveexecutedthisContract,onorbeforethe date first above written,with full knowledge of its content and significance and intending to belegally bound by the terms hereof. [Individualor entity's name] Witr Read and tyjproved a^to ForrpJ^anguage, Legajji£#*d=^^ n 7-h*fi-eHy Attorney^' Thomas F.Pepe2016 07/29/16 !/ \bv:/(i(Mnis$r Page-4-of4 iven Alexander City Manager