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2THE 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 a Phase II Environmental Site Assessment for the SW 64th Street Bike lane & Street Improvements (SW 57 Avenue to 62 Avenue). BACKGROUND: The City received grant funds from Miami Dade County Public Housing and Community Development (PHCD) also known as a Community Development Block Grant (CDBG) for the SW 64 Street Bike lane Improvements project. The focus of this project is the development of bike lanes on SW 64th Street, between SW 57th Avenue and 62nd Avenue. These bike lanes will provide connectivity to the existing bike lanes on SW 57th Avenue and SW 62nd Avenue. As part of the grant requirements, and due to possible impacts to the existing drainage system from the project improvements, an Environmental Phase 1 Study was required for the project. The City contracted a consultant from the Consultant's Competitive Negotiation Act (CCNA) list to produce the required Phase I Environmental Study (Resolution 019-16-14574). The Study was finalized and it concluded that a Phase 2 is required due to an area that presented a history of contamination. The City submitted the report to Miami Dade County and a Phase 2 will be required to proceed with the project. Per PHCD, no construction shall commence and no funds will be reimbursed from PHCD until the Environmental Phase 2 Study is completed and the City of South Miami receives an environmental clearance letter from PHCD. Stanley Consultants, Inc. has submitted a proposal in the amount of $31,905 to perform a Phase II Environmental Site Assessment for the SW 64 th Street Bike lane Improvement Project. A contingency in the amount of $3,200 will be included over the proposal amount to address for unknown factors that may arise and for permitting fees. In accordance with and pursuant to Florida Statute 287.055 for CCNA, Stanley Consulting, Inc., Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with EAC Consulting, Inc. to perform engineering services for the City. AMOUNT: Amount not to exceed $35,105 ACCOUNT: The expenditure shall be charged $35,105 to the account number 120-3306-541-3120 which has a balance of $54,130 before this request was made. AnACHMENTS: Resolution Resolution 019-16-14574 Proposal Professional Service Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 and RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to enter into an agreement with Stanley Consulting, Inc. to complete a Phase II Environmental Site Assessment for the SW 64th Street Bike Lane & Street Improvements (SW 57 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 provide a contingency of $3,200 over the proposal amount for unknown factors that may arise during the work and for permitting fees; and WHEREAS, the total expenditure is not to exceed $35,105; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to enter into an agreement with Stanley Consultants, Inc., for an amount not to exceed $31,905 in accordance with the form of Professional Service Agreement that was approved by the City Commission by 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 shall be charged to the account number 120-3306-541-3120 which has a balance of $54,130 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ___ day of _____ -', 2016. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Welsh Commissioner Edmond Commissioner Liebman Commissioner Harris and RESOLUTION NO.: _0_1_9_-_1 _6 -_1_4_5 7 4 A Resolution authorizing the City Manager to pay Stanley Consultants, 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 to complete an environmental study 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 previouslV selected to perform professional services for the City; and WHEREAS, the City Manager has negotiated the price forthe services to be rendered, which does nof 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 may arise during the work and for permitting fees; and WHEREAS, the total expenditure Is not to exceed $5,870; and . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE cm OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager Is authorized to pay Stanley Consultants, Inc., for an amount notto exceed $5,110 in accordance with the form of Professional Service Agreement that was approved by the aty Commission by resolution 151-13-13969 to complete an environmental study for SW 64th Street. The City Manager is authoriZed to expend an additional $760 over the proposal amount for unknown factors. Section 2: The. expenditure shall be charged to the account number 120-3306-541-3120 which has a balance of $60,000 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent Jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 2nd day of February ,2016. COMMISSION VOTE: 5-0 Mayor Stoddard Yea Vice Mayor Harris yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Welsh Yea To: FROM: DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER tNTER~OFFICE MEMORANDUM The Honorable Mayor & Member~ of the City Commission Steven Alexander, City Manager February 2, 2016 Agend.ltem No.3 " " SUBJECT: A Resolution authorizing the City Manager to pay Stanley Consultants, .Inc. to complete an environmental study for SW 64th Street (SW 57 Avenue to 62 Avenue). BACKGROUND; Miami Dade's Bciard of County Commissioners approve"d the County's Public Housing and Community Development (PHCO) FY 2015 Action Plan for COBG and HOME funding. It included a recommendation of $336~OOO of CDBG dollars for the City of South Miami to fund a Public Facilities and Capital Improvement project titled SW 64th Street Bike Lane & Street Improvements (between SW 57 Avenue and SW 62 Avenue). . us Department of Housing and Urban Development (HUD) requires an. environmental review of projects that include exc~vation. Based on the scope of the project, a current Ph~se I Environmental Audit is required to conduct an environmental assessment of the propose~ project site. Miami Dade County PHCD issued a contract for the CDBG grant (approved by commission via Resolution No. 153-15-14492). However, they wuf not distribute any funds to the City until the environmental review is complete. Therefore, thiS resolution is being presented to award the environmental study to a consultant. Stanley Consultants, Inc. has submitted a proposal in the amount of $5,110 to perform an environmental study on SW 64tt1 Street. . A contingency in the amount of $760 will be included over the proposal amount to address for unknown factors that may arise and for permitting fees. In accordance with and pursuant to Florida Statute 287.055 for CCNA, Stanlev ConsLiltants, Inc. Was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with Stanley Consultants, Inc. to perform engineering services for the City. AMOUNT: Amount not to exceed $5,870 ACCOUNT: The expenditure shall be charged $5;870to the account number 120-3306-541-3120 which has a balance of $60,000 before this request was made. ATTACHMENTS: Resolution Resolution No. 153-15-14492 Proposal Professional Service Agreement CCNA Consultant project List ") , i i I Stanley Consultants INC. August 12,2015 Bngineering & Construction Division City ofSoutb Miami 4795 SW 75 Avenue Miami. FL 33155 , Dear Grlzet Martinez: ~~oo ~ NGINEERlHG A 8EnEl WORLD Subject General EnvironmentaI, Services Agreement· Phase I Environmental Site Assessment. S W 6411> St.lmproveme,nts from SW 6200 Ave. to SW 57 rh Ave. ',' In accordance with your request, Stanley Consultants is pleased to provide this proposal to conduct a Phase [Environmental Site Assessment (ESA) for the proposed roadway improvements on 641b Sl in the City of South Miami, Florida. It is our 'Wlderstanding that the project limits do not include the inteIsootions at SW ~211d. and SW 5-F Avenues. See attached project iocation map. Scope of Proposed Work Stanley Consultants will conduct a Phase I ESA in accordance with the American Society for Testing and Materials (ASTM) Practice EI527·13. The purpose of the Phase I ESA is to identify the presence or absence of Recognized Environmental Conditions (RECs) as defined by the standard. The Phase I ESA process includes a search of standard historical sources (e.g .• aerial photographs, historical fire insurance IIlIIps, etc.). a review off~ and state environmental databases. interviews with past and present owners, operators, and occupants of the site, and an on-site reconnaissance to determine the presence or absence RECs. ' An Environmental Scientist from Stanley Consultants will examine and document the current uses and conditions of the site. It is the clients responsibility to provide site access and any available contact information for the current site owner(s). Stanley Consultant's staff will visit the site to conduct the assessment as per ASTM"B 1527·13. Stanley Consultants will make a reasonable attempt to conduct interviews with the site occupants, state and local regulators. the local ~ department, and other persons or agencies that may have knowledge of current or historical environmental conditions within the project limits. Report Preparation Stanley Consultants will prepare a Phase I ESA report generallY following the format recommended in ASTM B 1527-13. The report will include a narrative ofPbase I activities, supporting documentation, findings. and an opinion on the need for further assessment of contaminated. properties. This proposal does not include an evaluation of permitting requirements or regulatory compliance issues. Per the ASTM B1527·13 standard. asbestos, lead paint, mold, and radon are c~nsidered out of the scope of a Phase I BSA. This document was sent electronically. l64l W~Ro.d. Slite400 • Westl'llm!leacll, FL 33409 • phonD ~6J.689.7444 • Ax .!6U89.3003 _.s1IIIle)'C(IftllJltaIIU.com r t I I Au~t 12,2015 Page 2 Project Scbedule The site visit will be scheduled once receiving the notice to proceed. A draft Phase J ESA report will be available approximately 30 days after completion of the site visit. Two copies of the final report will'be provided within 14 days of receipt of client comments. . Project Cost . Stanley Consultants will provide the professional services referenced above for a lump sum cost of$9.800. based on the attached How-Iy Fees and Charges. This fee includes oile site visit, records searche.s. interviews, and Phase I ESA report prepared in accordance with ASTM E 1527-13. This quote will remain valid for 90 days. We appreciate the opportunity to present this proposal to you. [f you have any questions with 'regard to this proposal, please feel free to call me at 561-584-8756. Sincerely. Stanley Consultants, Inc. Courtney Arena. MS Senior Environmental Scientist Attachment: Project Location Map I f I I I ~. I 1 r r ~ • •••• . . •• ••• •• Stanley Consultants INC. July 14,2010 Gritel Martln~z Engitleerihg & Construotion Divisibn. Oity Qf$cmth Mi?mi 479511W7$ AVenue Miami,Fl331 ~5 $l.I~W~bS:V'(64th$tr~~(jn,,~rQv~m~l'It frpm~7\n. fo ~~~~.Aven.\lf!1? Phase" EnvitonmentalSlteAssessment Proposal Stanje~CQn$lJlt(l,ots j~ pl~ased lop(~$el'lt thrs ptoPQsa,lfot 'aPhasellE;n'lironm~ntal $iteA&s~s$meJlt (~$A) invesflgati()nforjheCittofSolithMiami~s SW64 th Streetimprovements project 'The propertyislbCated alongSW 64111 ~t(~etb~tween57IhangQ4lid Avenl.l~s lh$oufh Miami; Flofi~a,. . Project Undertltanding ThaCltypfSQl.Ith Mi?mJ(Clty) Is)eQ4,e.stibg ~ .Ph~$e IIESA forthe porlloogf SW: !W~~ifeef righl·of-way(ROW) between 57th and 62 nd Avanuesin Soilth Miami. Stanley ConslIltants completed a Phased ESA of the property;!n April of2Q16'aD~lhi~P,DgSf?IIESA inlJ~~tiQatlon'i~.~ejJJg·qs~c.llo.d~ferrnfn~.pot~ntlalllJ}p?Gt$from repQgntzed ~rJVironmeQtal C():hditions(REC$)b~$ed.()n past and currMt. uses Qf the pn:>p,erty MQ. PQlentiarlmp~ct$ frQmMjoll'lingprOp.~r:ties. $GQpe 9l Pr9PQ$~dW()rk . Fot tNs PMse If ESA; l~taoley COosyltllnt$ re.commendscOllectin9 soil and gr()Uodw;)!{e,rsamplesat sil.< loCations, along the ,approximate 0.5 rrlileSW 64th Street;ROW. Theex8ct sampling locations<maybe adjusted hithe·'field basecfoh aCQ~$$!ytilltie§" a(td;safety X;Qnp,~ms.; Slaolet C9n~lil~a,tlts WlHc9ntact$UnsQine 811 for 4!Ui~ylopatiQns prior Jq mobilizing to the property. It will be the. responsibility of the City t610cate anY pril1ate utilities that.·areI1Qtthe responslMily of pup lie ·agenciesorcoyered by SUnshine 811 and provide safe w6rkingcondltrons including any n\il,C~$s~ryIMe eJosUre$ qrqlYet$tQo of tr~ffic! .f). .. Ii<::ens~d\:V~I! drill~r.c~r@eq in, Jhe state qfflorlda will be,J~tairled by Stanley Oon§ultanls to ?dvance,siX direct push ~ampllng p,oints to ¢olleci soil and groundwater satilPles:tQal'Di'lximumQn~fe,etbei():w gro!.lnd\$lJrfa.ce:(bgs).$tan~y Consultanls"fieldQe6Iogislfellgineer will.scteeh the:!;611 fororgani6VaporS'Wilhafl. organic vapor analyze({OVA). One scHI. ~ngg.(QlJnqwa,ter.$amptewll1.Qe q),lIe9te(jJ~omie~qhb9nr1g .. ' The sQUs~mpreWiU 9~conect~4, ~l !he.Qe,pt\'r ofJhe highesLOVA readlhgabolle tne. obse.rvedgroundwater table. If no organicvapQrs are detected., thesoilsample'willbJ) collected aHhe soil"9roUndwat$r interface or ata depth deterinihedby field observatiohs. Groundwater sampJes.will be~POlleGfe(.!at,eachlQc~tl.on thro,ugh thedjrect PlJSQsQ(eenPoitlt. $()i1and,:9r:Q.undwater sarnpleswillbe, pla,Cf;lQ incont~inersprovi~~d,by aSt~te of Florida~ertifie~l~porato% labeleq; andp!acedoo ice forpr~servatlon.$f;1mple$Wllrbes,bipped under chaino{)f-cu~tody tolhe laboratory for ana!y~is. Any excess sClil'generated during samplinsactivlliesWiII be spread on thegfourtd inthEisampling lonaiions. purge water 2:65.8 Crosspark ~oad·Suii¢l 00. Coralville, IA 5224t. phone 319.626:3990· i~~ 31{626;39!H www.stanleycOJlsultants.to/il· Gritel MartineZ July 14, 2Q16 Pag~2 g~nerafed duri!1!lgrOundw~ter samplingactivitie$ will discharged .onto. .tl1egrolitidin.the sa~pJln9locatlonsfot eyaporatiQn.Purge.water and any excess;spil willnof be cQniaineri?:ed or eharactedzed fordisPQ~al purposes. Report P.r~p~rathm upon re~eipt.'o1.theaoaIYtleal "results, 'StElnlay C(JnsUltenl$.wUf.prepare 'a le.tt~r·report·surnlT1arizin9 the· field acUvities andlabOfatoryresults. the, reportWiU compare theanalyticaltisultsjofSoilCsampl~s 10 applicable Fiorlda Deparfme.nt orGnVironrnent~IProteQti9n (FO!:P) requireme.nts~nd make feCQrn!lleOda!ignsforMther action) it necessary, AnalYtical resUlts 6fQi'oundwater samples will be ¢omparedto EPAerinkin9Wat~rMaxhUlirrrContarninaorLevels and FI()ridB Drinking Water Qualit}' Standards;. AdraftletterJe~ortwill beptovlded to the CitYfortevlew; The City's comrneots.wiJI bet:,lddresse~ and.twocQpi~s,pf th~finalletterrepQrt wilrbe providEKj toth~City, proj~qt C.Qtit StarileyGonStJltanls WillproVj~e tMprofessl(mal,~elVices Jeferenced., above . for a !umpsum 'feeof$a1 i,~O~:ln ~cCordance.with·the Pf6fessiOOci! S&rViceAQreementforGeneraIEnviroflrfl,ental &.structuraIServlces.belweeo.stanley ConsultClnt$:aodlhe Clty,dClled July $; 2Q1~, 'This fee inclvdesdrming, sampling, and an13lYtical services (at ~tandafd Wmatoundtimes),as weU'ssreportingand expenses. Ifemlzation oHheseco'Sts'are presffntedJrl theJOlibwingtClble SCOPEt ofW6r:k Item .project!"aborCosts . '13;895 111,Q10 , 8,000 Iftliis scope bhervices an'dcosl areaccepta61e to you, ple:ase$ISribeJowand r:etUt/1.,tt> tMi:lttention of JoeRLJPltlQ, Thank you (Of con$jdertng$t~U1leyCQn$l!lt~llt~, Jnq~. for thi$~$SiglJm~nt Jfyo,u h~ve~nyquestion$ with regard to this proposEd, pleasefe'el freelocMtactme at319,626,53l3.orJoe'~ObitiQat 303.925.8282. Since'(e}y, Stanley Consultants, Inc . . ~.~ RebeccaL. Svatos;P.E. Viqe Presid~l'It . ~nvfronmentijl and .lJ/'banOesJgn MarketLe~~~r AuthorizatIQn~t9·Pr()Qe(qd Signature Cd: Joe RUbin/;)-Stahley ConsUltants Courtney Arena ... Stanley Consultants 'Date RESOLUTION NO.: 1 51 -1 3 -1 3969 A Resolution authorizing the City Manager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with 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., for the following professional services: Architecture, CivillEn,(ironmental Engineering, Structural, and Traffic & Transportation 'Engineering. WHEREAS, the Mayor and City Commission desire to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural, Traffic and Transportation Engineering; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City solicited qualification from interested firms and the City's review committee conducted a thorough review of the qualifications of the firms that responded to the solicitation, and upon evaluation the firms were ranked; and WHEREAS, the City met with the firms and reviewed the proposed hourly billing rates and the following firms have agreed upon the hourly billing rates disclosed in the Professional Service Agreement request for qualifications; E;AC 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.; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager ,is hereby authorized to execute the form of the professional service agreement that is attached, for the negotiated hourly rates in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act) with EAC Consulting, Inc, Marlin Engineering, Inc., The Corradino Group, Inc., SRS Engineering, Inc" R.J. Behar and Company, Inc, T.Y.Lin International, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Works, Inc., C.H. Perez & Associates Consulting Engineers, Inc Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution, Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of . August ,2013. ~T . ~ ~ y ....... COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea TO: FROM: DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami. FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander. City Manager Jorge L. Vera. Capital Improvement Project Manager August 6. 2013 South Miami bOI~ AD·AmBllcaCnv '~IIJ.' 2001 /5 . Resolution: A Resolution authorizing the City Manager to execute a Professional· Service Agreement provided under Florida Statute 287.055 Consultant·s Competitive Negotiation Act "CCNA". with 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 .• for the following professional services: Architecture. Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Background: On June 4, 2013 .•... the City Commission approved a resolution (#120-13-13938) authorizing the City Manager to negotiate hourly billing rates and to execute a Professional Service Agreement with the firms that were selected from our request for qualifications RFQ # PW-S2013-04 for Architecture. Landscape Architecture. Civil/Environmental Engineering. Structural and Traffic & Transportation Engineering. Of the 24 firms selected. City staff has met with and reviewed the proposed hourly billing rates for the above referenced firms. After negotiating an acceptable hourly billing rate with the firms. the firms entered into a Professional Service Agreement in order to provide . professional engineering services to the City at the agreed hourly billing rate for future projects. In an effort to provide transparency and accountability. the hourly billing rate per job classification is based on FDOT's Consultant Wage Average Report for the period of May 2012 to May 2013 is attached. The report is based on an FOOT yearly data collection and analysis of the prevailing hourly wage rate by job classification within different geographical areas in the State. Our geographical area is within District 6 which encompasses Miami-Dade and Monroe Counties. The rates in the report are negotiated unloaded rates which provide personnel hourly billing rate per classification excluding company overhead and benefit. To the hourly negotiated unloaded rate. each firm addsa' multiplier for the company's overhead and benefits. The multiplier in District 6 ranges from 2.5 to 3.1. depending on the size of the firm. Please find below the firms that have submitted a signed Professional Service Agreement. which includes their negotiated hourly billing rate plus the multiplier. Upon further future negotiations. additional firms will be presented to the City Commission for their approval. .. 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. Upon approval of the Professional Services Agreements by the City Commission, City staff will request quotes for City projects from Individual firms on a rotating basis and in accordance with Florida Statutes 287.55 CeNA. The quotes will be negotiated based on the scope of a project, duration and the contractual hourly billing rate. Upon the City staff negotiating a final cost to perform the required project, a resolution will be presented to the City Commission for their approval. Please note that the execution of these Professional General Service agreements does not commit the City to any maximum amount of fees nor guarantee any work.' Attachments: Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CD Listed consultant hourly billing rates FDOT Consultant wage average report Resolution 120-13-13938 Sunbiz PROFESSIONAL SERVICI! AGREEMENT General $t/I@ts ~+'&l Services cj -Gt /) CTi! ~1tL. THIS AGREEMENT made and entered into this 3rd day of July I 20..u. by and between the ClTV OF SOUTH MIAMI, a political subdivision of the State of Florida and Stanley Consultants, Inc. authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH MIAMI, through its City Manager, agrees to employ the CONSULTANT for a period ending on. and the CONSULTANT agrees to be available, continuing basis, to perform professional services in connection with project(s) where the bask estimated construction costs of each individual project does not exceed $2,000.000.00 or where the Individual study does not exceed $200,000.00, herein after called the "SERVICES". 1.0 General provisions 1.1 The CONSULTANT may be award~d work and issued a Notice to Proceed to provide professional services for a project. for a portion of a project, or for discrete tasks on a project. Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering seevices that may be required . . 1.2 A Notice to Proceed will be issued on an as needed basis at the sale discretion of the City Manager. or his designee, hereinafter referred to as "CITY", The City of South Miami reserves, at all times. the right to perform any and all engineering work in~house or with other engineers. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the City of South Miami, nor does it obligate the City of South Miami in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the City of South Miami outside of this AGREEMENT. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the work; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. Page 1 of 40 Professional SelVice AGREEMENT Tpepet012-31-12 (Revised SK 4-3-13, GM 6-18-13) 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and selVices in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which the CONSULTANT'S presence is required. 1.7 The CITY may designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S selVices. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. 2.0 professional Services 2.1 General Servicei The· professional services to be provided by the consultant may be one or more of the following, and include but not limited to: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and residential landscaping. 8. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Distribution Systems Improvement I Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering. including, site Investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Traffic Engineering Services will indude daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and ·Page 2 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) recommendations to stakeholders and preparation of final traffic engineering report. F. Architectural Services to provide drawings and spedfications for new constructions as well as additions and renovations; attend meetings with City staff and presentations to City Commission; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested· format. G. Landscape Architecture including providing drawings and specifications for landscape projects; site master planning l analysis and design, urban design plans/concept diagrams, open space planning, analysis and design; community planning, analysis and design; natural resource planning analysis and design; Parks design; renderings/modeling; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format. H. Registered Surveying and Mapping Other incidentar services associated to the above items. Page 1 of 40 Professional Servke AGREEMENT TpepeCl12-31-12 (Revised SK 4-3-13, GM 6-18··13) 2.2 Design & Construct jon -Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY. the CONSULTANT agrees to provide complete professional services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project, the lead CONSULTANT, as designated by the ClTY, shall prepare the final bid package including bid documents and specifications. wh1ch shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase )-Prelimi08ty and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements, as defined by an individual purchase order for the specific work to be performed. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report. comprising of the Project Timetable (Master Schedule), Planning SummaI)' (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow-up of the Site (if applicable) showing Project orientation, and a brief summaI)' of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans. elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept. Page 4of40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4n 3-13, GM 6-18-13) G. The CONSULTANT shall present the Schematic design studies to the appropriate commission, committee, agency or board (hereinafter collectively referred to as "Boards") for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to the Board at no additional cost to City. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable. MDWASA, etc.) for any conflict with their utilities. l. The Statement of Probable Construction Cost shall include estimated cost of the Project including fh(ed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of the CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional, familiar with the local construction industty and prices. J. The CONSU L TANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the cm and It shall not pro~eed with the next Phase until directed by the CITY in writing. 2.2.2 Pbase II -Stydyand Design Development; A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fil( and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc •• as required to dearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds. feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge. for approval by the CITY and not proceed with the next Phase until directed by the CITY in writing. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase m Page 5 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) will not be issued jf the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase )Jl-Final Design I Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents. setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. The CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard fol1l'ls for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work, notes, and dimensions when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper C'D" size), on the CITY's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format but generally as follows: 1. Non-drawing submittals in Microsoft Office Word format. 2. Drawings In AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase lU, the CONSULTANT shall submit two (2) caples to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not I2roceed with the fyrther develQPment until app[Ql!SJI of the dgcuments is received from the CITY in writing. The CONSULTANT shall make all changes to documents required by the CITY before proceeding further. A set of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. F. A Notice to Proceed for the completion of Phase IU will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated fundsl unless the Page 6 of 40 Professional SelVice AGREEMENT Tpepe©12-31-12 (Revised SK4-3-B, GM 6-18~13) CITY Increases the total allocated funds or the CONSULTANT and the aTY agrees on methods of cost reductions sufficient to enable construction within the project budget. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings, specifications, reports, programs, etc., without additional chargel for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT, at no extra cost to the CITY, shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H) if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the ClTY, the CONSULTANT shall furnish to the CITY drawings and specifications, without additional charge to the CITY for bidding purposes, unless instructed otheiwise. J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary; to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANT shall modify. at no additional cost to CITY, In order to acquire the necessary permits, Page 7 of 40 Professional Service AGREEMENT Tpepe¢:'>12·31·12 (Revised SK 4·3·13, GM 6·18-13) 2.2.4 Pbp~ IV ~ Bidding and NegotiatiolJ Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITV of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for' bidding, and assist the CITY in obtaining bids as well as awarding and preparing construction contracts. The CONSULTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifyIng bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriate to clarify, correct 01' change Bid Documents. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, the CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. Approve the increase in Project Cost and award a construction contract ort 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project or 5. Exercise all options under the City Charter and State Law. NOTE: Under item (2) and (3) above, the CONSULTANT shall, without additional compensation, assist the CITV in obtaining re-blds, and awarding the re-bld of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bid is over 15% of the CONSULTANT estimate. All construction contracts must be approved by the City Commission after the City awards the contract for commission approvaL E. For the purpose of payment to the CONSULTANl the Bidding Phase will terminate and the services of the CONSULTANT '11111 be considered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. Page 8 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 2.2.5 Phase V -General Administratjon of the Constryction CQotrad: A. The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the ClTv and shall have authority to act on behalf of the ClTY to the extent provided in the General Conditions and as modified In the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre-construction meetings. O. The CONSULTANT shall at all times have access to the project wherever it is in . preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general jf the WORK is proceeding In accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT will use reasonable and customary care to guard the (lTY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on-site observations to check the quality or quantity of the WORK as set forth in this AGREEMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on··site observations, the CONSULTANT will advise the OlY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page 9 of 40 Professional Service AGREEMENT TpepeIC12·31~12 (Revised SK 4-3-13, GM 6-18-13) 2. The results of any subsequent tests required by the Contract Documents. 3. Minor deviations from the Contract Documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. J. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others , and initiate proposed change orders as reqUired by its own observations or the requirement of the CITY. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch list of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the ClTY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, pol~cy regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial Instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean··up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. Page lOof 40 Professional Service AGREEMENT Tpepe©12··31"12 (Revised SK 4-3-13, GM 6-18-13) 2.2.6 Phase VI -Post Construction AdministratiQO A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITV, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnjsh to the CITY, reproducible record (as-built) grS}wings updated based 00 information furnished by the Contractor; such drawings· shall become the property of the CITV. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/Warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" that will Include, as a minimum, a copy of: • Certificates of completion • As-Builts (112 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable • Final release of liens • Final payment to contractor 2,3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this AGREEMENT, but which are additional servi~es which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not Page 11 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. f. Professional detailed Estfmates of Construction Cost consisting of quantity sUlVeys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cauSE during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to b~ other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor Qr by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full-time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Bask Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the control of the CONSULTANT. 3.0 Time for CQmplition The services to be rendered by the CONSULTANT for"any WORK shall be commenced upon written Notice to Proceed from the ClTY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. Page 12 of 40 Professional Service AGREEMENT TpepeI012·31-12 (Revised SK 4-3-13, GM 6-18-13) A reasonable extension of time will be granted in the event there is a delay on the part of the ClTY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render pelformance of his duties impossible. 4.0 Basis of Comp~nsation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon AGREEMENT of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the arv reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter as possible. For reproduction of plans and specifications, beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional SelVices for each Project shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT. Page 13 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-1S-13) Hourly Rate Fee The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the following: Category Hourly Rate Principal/Chief Engineer 233.04 Project Manager 180.30 Senior Engineer 174.00 Project Engineer 135.15 Designer 102.81 Construction Manager /Senior project engineer 187.50 Senior Construction Inspector 93.00 Construction Inspector 67.50 Engineering Technician 65.64 Data Processing I Clerical 63.00 Survey Technician 68.52 Senior Surveyor & Mapper 154.62 4 person Survey Crew (8 hour day) 1750.00 3 Person Survey Crew (8 hour day) 1460.00 2 Person Survey Crew (8 hour day) 1160.00 Geotech Rates are attached· Hourly rates include all wages, benefits, overhead and profit based on a 3.0 multiplier using the FDOT Consultant Wage Rates Averages Report for FOOT District 6. Page 11 of 32 Professional Service AGREEMENT Tpepe<012-31-12 (Revised SK 4-3-13, GM 6-18-13) Schedule of Services and Fees Geoteclmical Engineering Services I. SUBSURFACE EXPLOt?ATION Mobilization of equipment Ilnd r>arsonnet Truck Orlll .................................................................................................................. 350.00/0cclIrrence AIl·Terraln or Track-mounted Drill ............................................................................ 450.00/occurrence AUfjor Borings Auger Borings (Shallow Hand Augers) ................................................................ .. Augers Borings (DriO Rig for undisturbed samples) o -50 ................................................................................................................... . 50 -100 ........................... " ............................... ; ................................. " ................. ". 100 ·160 ................. "" ...... " ........ " .......................................................................... . Augers Borings (Drill Rig for disturbed samples) 0·40 pulling augers ." ..... "" .... : .......................... " ........................... " .................... .. 40· a.o pulling augers ......... " ................................................... " ............................. . Test Borings Standard Penetration Test Borings (Soil sampling using either split-barrel or Shelby tube sampler at 5·foot intervals In soil) Oepth-Feet o -50 '."'flIUI' ••• , •.••••.•. " •• H""".' .... ,t., ",.t." ,., •. tll1 t, ••• " ........... " .II .... '"U ...... III't ... H •. ,I. 50 -100 ............................................................................. ; ............. " ................... " .. 100 -150 .................. " ........................................................................................... .. Additional split-spoon samplos Oepth Feet 0 ... 50 .11,,,,,,,.,,1"""111.,, .. ,.,11,,,,,,,,,,,,,,.,,,,,,," .••••• 01 .•••••• ou •. " •.• , .. '" ............... "." •• , •.•..• 60 -100 .................................................................................................................. . 100 -150 .......................... " ..................................................................................... . Rock Coring SetUp "."11""''''''''''''''11",,,,' .. 11,'''''"1'''''''11'',,,,,,,' •. I' .. 't ..... II'''.' .... , ............ ,'' ••.• II> .•. ' NX Coring (5' minimum) 0 -40 feet ....................................................................... .. + 40 feat ..... " ..... " .................................................................................................... . Rock Bit Drilling ..................................................................................................... .. I'orcolatlon Tests Open Hole Method .................................................................................................. . Temporary Casing 0-50 ................................................................................................................... . 50·100 ................................................................................................................... . Closing Holos (Grollt or Approved Method) ...................................................... " .. " .......... .. 11 II (J g e 7.001foot 10.00/fool 12.00/fool 15.00/fool 30.00lsample 40.001sample 12.00{(oot 14.001fool 16.001(001 25.00/sample 30.00/sample 3S.00/sample 100.00/boring 43. OO/fo ot 45.00/foot 32.00/foot $375.00/test 4.00/foot S.OO/foot 5.00/fool (i C f:~: Ell \jil:(!!l[ Inn : .. ; Ii I 'i if:" ::. 1.I L;. C('olechllicid" (;OIl5trll·;{lolI /J! EII!lIII(){'rinO " ~;"I·.I:ivlfs fl. SOIL LA BOHA TORY TESrlNG Identlflcatloll AUerbarg limits O&termlnatfM (ll, PL) ............................................................................. .. Combined Analysis (Hydrometer and Sieve) ..................................................................... . Hydrometer Analysis .......................... , .................................... , ............................... , ........... , Organic Content (by healing) ....................................... " ....... ", .......... " ...................... " ... , ... . Sieve Analysis (Unwashed) .. , ..... , .... , .................................................. , ...................... " ... ", ... Sieve Analysis (Washed over #200 sieve) .. " .. " ................ " ................................................ . Specific Gravity Determination ...................................... , ................... , .................. " .............. . Visual Engineering Classification .................................... " ................. , .. ,' ............. , ....... , ....... . Moisture Conlent Determination ............................... ,.,', .... , ........... , .. , ...... , .... , ...... , .............. . Compaction and Density laboratory lBR ........ , ................ ,." .......... , .......... " ................................................................ . Modified Proctor (ASTM 0 1557) ......................................................................................... . Standard Proctor (ASTM 0 696) , ............... " ....................................................................... . III. AGGREGATES I.ABORATORY TfESTING Sieve Analy$ls {ASTM C 136) ................................ , .......... , ................................................. .. Analysis of Material finer than #200 Sieve (ASTM C 117) .............................. " .................. .. Combined Coarse and Fine ................................................................................................ .. Abrasion (ASTM C 131) ................ , ... , .................................................. , ............ , .................. . Large Size Aggregate ................ , .................................................................... " .. " ................ . Speclflo Gravity (ASTM C 127 or 128) ................................................................................ .. Absorption Analysis (ASTM C 127 or 128) ......................................................................... .. Unit Weight (ASTM C 29) ............................................. " .... " .... " .......................................... . Speclfio Gravity and Absorption combined (ASTM C 127 or 128) ...................................... . Crushed Particle Determination ......................................... " ............................................ , .. .. IV. ASPHALJ LABORATORY TESTING Extraction (ASTM 0 2172) (includes gradation) ................................................................. . Extraction only ....................... " .......... ,,, ........ , ......... , .... ,, .......... ,, ..... " ....................... . Asphalt Cement by ignition (including gradation) ........................... " .................................... . Marshall Densily Specimens (ASTM 272.6) (already mixed) ............................................... . Set of 3 samples ................. " ............. ,,, ........................ , ...... , .......................... , ....... . Marshall Slabllity Flow and Density Specimens (ASTM D 1559) (already mixed) .............. . Set of 3 &amples ...................... : ............................................. , ............................... .. Core Density (field cut) ......................................................................................................... . Penetration and Specific Gravity (ASTM D 5} ............................................. , ........... " .... " .... .. In-place Asphalt Density with nuclear testing unit (equipment only) ................. , ................. .. Asphalt Coring -person .............................. : ........................................................................ . Core Drilling Machine."", .. ".""" ............ ", ........ ,,., ... , ......... , .. , ... , .. ", .... , ..... , ......... " ............... . Generator , ........................................................... " ..................... , ........ , ................................ . 21PilgC 60.00/1est 105,00/tesl 76.00/16st 48.00/test 62.00/test nOO/test 70.00Jtest 7.00leach 20.00/test 350.00/test 110.0/test 1oo.00/tesl 75.00/each 47,OO/each 90.00/each 200.00/each 240.00/each 55. CO/each 55.00(eaOO 50.00/each 70.00/each 80.00feacl1 155.00feach 105.00/each 145,QO/each 40.00/each 100.00/set 45.00/eaoh 120.00/set 25.00feach 75.00/each 55.00/day 61.00/hour 75.OOIday 65.00/day 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase Is not specified. such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: • 15% upon completion and approval of Phase J. • 35% upon completion and approval of Phase lI. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase m. • 75% upon 100% completion and approval of Phases III and IV. • 90% upon completion of the Project and approval of all WORK Phase V). • 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to .the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANT's lump sum negotiated), if applicable. • Percent of work completed. • Amount earned. • Amount previously billed. • Due this invoice. • Balance remaining. • Summary of work done this billing period. • Invoice number and date. • CONSULTANT's W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 . Right of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the ClTV's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and Page 15 of 40 Professional Service AGREEMENT Tpepe012~31'12 (Revised SK 4-3-13, GM 6-18-13) disputes shall be final, conclusive and binding upon the parties unless such determination is dearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur In the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Page 16 of 40 ProfessIonal Service AGREEMENT Tpepe<012-31-12 (Revised SK 4-3-13, GM 6-18-13) 7.0 Ownership of Documents All reports and reproducible plans,and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sale risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances. Conferences and Hearings Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the orv without additional compensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization f~om the CITY prior to performance of a court appearance and conference. . , The CONSULTANT shall confer with the CllY at any time during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9.0 Notices Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CtTY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or its authorized representative. 10.0 Audit Rights The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 11.0 Subl~lting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY, Page 17 of 40 Professional Service AGREEMENT Tpepe()12-31-12 (Revised SK 4-3-13, GM 6-18~13) 12.0 Warranty The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee,' gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 14.0 DUration of AGREEMENT This AGREEMENT Is for a time period of three (3) years, commencing upon approval and execution of AGREEMENT. This AGREEMENT shall remain in force until the actual completion of performance of a given project awarded to the CONSULTANT, or unless otherwise terminated by the CITV. 15.0 Renewal Option This AGREEMENT may be renewed, at the sale discretion of the CITY, for an additional period, including renewals, of one (1) year. 16.0 D§fftylt In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party. may declare the other party in default and notify him in writing. In such event the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties ariSing out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. Page 18 of 40 ProfessIonal SelVlce AGREEMENT TpepeCn2-31-12 (Revised SK 4-3-13, GM 6-18-13) 17.0 Insurance and IndemnificatiQO The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance and [ndemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITV from employing other CONSULTANTS to perform the same or similar services. 19.0 ~odes, Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the tim& of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) -pursuant to FS 287.133(3} (a), as required by the Request for Qualifications applicable to this AGREEMENT. 20.0 ~ CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 Drug Eree Wgrkplace CONSULTANT shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this AGREEMENT by reference. 22,0 IndQpendent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, jQlnt venture, or agency relationship between the parties. 23.0 Dutl~ and Responsibilities CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations. and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 24.0 Licensis rAnd Certifications Page 19 of40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13/ GM 6-18-13) CONSULTANT shall secure all necessary business and professional licenses at its sale expense prior to executing the AGREEMENT. . 25.0 Entirety of AGREEMENT This writing embodies the entire AGREEMENT and understanding between the parties hereto. and there are no other AGREEMENTs and understandings, oral or written. with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this AGREEMENT shall be valid unless made in writing and signed by both parties hereto, and approved by the City Commissioner if required by . municipal ordinance or charter. 26.0 JUlY !rial CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceedlng, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 . yaljdjt>t of Ex§cyted CQpie~ This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 28.0 Buies of Interpretation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any e)(ten~ be Invalid or unenforceable, the remainder of this AGREEMENT. or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right. power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the prOVisions of this paragraph, may be implied by any act or omission and will only be Page 20 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-l3. GM 6-18-13) valid and enforceable if in writing and duly executed by each of the parties to this AGR~EMENT. Any waiver of any terml condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 ~Q Discrimination No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32~0 Equal Employment In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, COlOf, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. 33.0 Governing laW$ This AGREEMENT and the performance of selVices hereunder will be governed by the laws of the State of Florida/with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami~Dade C<?unty. Florida. 34.0 Effectjve Date This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third party BenefidaQi It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 36.0 Further Assurances The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, andeffecruate the intent and purposes of the AGREEMENT. 37.0 ~ of Essence Page 21 of 40 Professional Service AGREEMENT Tpepe:012~31·12 (Revised SK 4-3-13/ GM 6-1S-13) Time is of the essence of this AGREEMENT. 38.0 ]nterpr~taliOI) This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force M<ijeyre Neither party hereto shall be in default of its failure to perlorm its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 40.0 Notice$ Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e- mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: TdCITY: With copies by U.S. mail to: To CONSULTANT: City Manager, _____ _ 6130 Sunset Dr. South Miami, FL 33143 E-mail: ______ _ City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Fa)(: (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: downesjQbn@stanleygroup.com Page 22 of40 Professlonal Service AGREEMENT Tpepe012-31-12 (Revised SK 4-3-13, GM 6-18-13) IN WITNESS WHEREOF; this AGREEMENT Is accepted on the date first above written subject to the terms and conditions set forth herein. WITNESSES AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: _________ _ -Maria Menendez City Clerk Signature: Read and Approved as to Form language, legality and Execution Thomas F. Pepe, Esq. City Attorney Page 23 of 40 Professional ~rvice AGREEMENT Tpepe©12-31-12 (RevlsedSK 4-3-13, GM 6-18-13) Steven Alexander City Manager Attachment A Insurance and Indemnification Page 24 of 40 Professional SelVice AGREEMENT lpepe()12-31-12 (Revised SK4-3-13, GM 6-18-13) Insurance and lndemnification 1. Insunwce and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT shall pay all claims and losses of any kind or nature whatsoever, In connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the OTY arising from the negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONSULTANT, its agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITV in no way assumes· or shares responsibility or liability of the CONSULTANTS, Sub-Contractors, their agents or assigns. The CONSULT ANT shall maintain during the term of this AGREEMENT the following insurance: A. Professional liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONSULTANT its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this AGREEMENT. This insurance shall be maintained for four years Insurance and Indemnification July 25, 2012 after completion of the construction and acceptance of any Project covered by this AGREEMENT. However, the CONSULTANT Page 2S of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18~13) may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement. on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of Interest with cross liability provision, and personal injury and property damage liability with limits of $1/000,000 combined single limit per occurrence and $2,000,000 aggregate, including: a. Personal Injury: $1,000/000; b. Medical Insurance $25/000 per person; c. Property Damage: $500,000 each occurrence; d. Automobile liability: $1/000,000 each accident/occurrence. C. Umbrella Commercial General liability insurance on a florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The CITY must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. The CITY must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non"payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CITY. The CONSUL rANT must provide not only a "certified copy" of the Binder but also the Policy Itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes; as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against the CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that the ClTY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies snail contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the ClTY. F. All of the above insurance required to be provided by the CONSULTANT is to be placed with BEST rated A-8 (A~VJIl) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONSULTANT shall furnish certified copies of all"Binders H or certificates of insurance to the CITY prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, Page 26 of 40 Professional SelVlce AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18~13) and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this AGREEMENT. CONSULTANT agrees to supply copies of certificates of insurance to the ClTY verifying the above-mentioned insurance coverage. CONSULTANT agrees to list the CITV as an Additional Insured of the CONSULTANT's General liability Insurance and shall provide the CITV quarterly reports concerning any and all claims. Page 27 of 40 Professional Service AGREEMENT Tpepe012-31-12 (Revised SK 4-3-13, GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page 28 of 40 Professional Service AGREEMENT Tpepe()12-31 u 12 (Revised SK 4-3-13, GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISS[ON REQ.UIREMENTS 1. Respondent's Sworn Statement under Section 287. ( 33(3)(A). Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/her/lts employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITV, and shall agree not to undertake any other private representation which might create a conflict of Interest with the CITV. The CONSULTANT may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The CONSULTANT selected will be required to enter into a formal AGREEMENT with the CITY in a form satisfactory to the cnv, prior to the execution of which th~ CITY shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. S. Respondent's Attachment #3 "No Conflict of Jnterest Non Collusion Affidavit," shali be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal sl,lbmlttal. 7. Respondent's Attachment ##5 '<Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 29 of 40 Professional Service AGREEMENT Tpepe©12·31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFUCTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes· IIA person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under aContrad with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017/ Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. The CONSULTANT must disclose the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to .."C:.:.:itoJ-y'-""o-,-,f S""'o""'u,...,th:.:...:..r,.M"""ia:..l.'m"""i _______ _ by John P, Downes. Manager, Florida Operations {print individual's name Qnd title] For Stanley Consultants, Inc. [print name of the public entity] [print name of entity submitting sworn statement] whose business address Is 1641 Worthington Road. Suite 400 West Palm Bemch, EL 33409 and (if applicable) its Federal Employer Identification Number (FEIN) is 42~1320758 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a IIpublk entity crime" as defined in Paragraph 287.133 (1 )(g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited Page 30 of 40 Professional Service AGREEMENT TpepeC>12-31-12 (Revised SK 4-3-13. GM6-18-13) to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy. or material misrepresentation. 3. lunderstand that "convicted" or "convictioh~ as defined In Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active In the· management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, Shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling Interest in any person, or a pooling of equipmentor income among persons when not for fair market value under an arm's length AGREEMENT, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I )(e). florida Sta\yte~. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.) li. Neither the entity submitting this sworn statement, nor any of its officers, directors, exe~utives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners. shareholders, employees, members. or agents who are active in the Page 31 of 40 Professional Service AGREEMENT Tpepe©12·31·12 (Revised SK 4-3-13, GM 6-18-13) management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Divisi.on of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR VEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTlTY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FlORIDA STATUTES; FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 1!!... day of ~ ~ {signature} .20J,2. ,.LPersonally known or _ Produced identification Notary Public -State of F=19"",,ri=da~ _ My commission expires August 25. 2015 '" (Type of identification) (pned~. t:ped or snp~: commi~Sioned name of notary public) 1J(),ffiC~ a-Q 0 'f" Page 32 of 40 Professional Service AGREEMENT Tpepe©12·31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that It has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such Prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ./ ~ PROPOSER's Signatur.: . ~ Y? ~ Page 33 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Print Name: John p, Downes, Manager. FIQrida Operations Date: July 3, 2013 Page 34 of 40 Professional Service AGREEMENT Tpepe©12-31·12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #3 "NO CONFUCT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this Lday of~ 20..n., The undersigned, as CONSULTANT, declares that the only persons interested in this AGREEMENT are named herein; that no other person has any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made In good faith, without collusion or fraud. The CONSULTANT agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the CITY, for the performance of all requirements to which the response/submission pertains. . The full~names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: The CONSULTANT further certifies that this response/submission complies with section 4(c) of the Charter of the City of South Miami, Florida. That, to the best of its know/edge and belief, no . commissioner, Mayor or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/SUbml~S. jon pertal<§'l.w~ CJ... . SIgnature: ...... -: ..:xJD~ Printed Name: John P. Downes Title: . Manager. Florida Operations Telephone: S61~689-7444 Company Name: Stanl~y ConsYltants. In~. Page 35 of 40 Professional Service AGREEMENT Tpepet012-31-12 (Revised SK 4-3-13, GM 6~18-13) NOTARY PUBUC: STATE OF 4k....l-\Lw..J1...JCi~(i£L..a.:=... ___ _ COUNTY OF alAco Peocb The foregoing instrument was acknowledged before me this·3£! day of ~L~l+ 20 13. by .~ e:~12QtArre.t> (name of person whose signature is being notarized) who is -./ Personally known or __ Personal identification SEAL Page 36 of 40 Professional Service AGREEMENT Tpepe()12·31·12 (Revised SK 4-3-13, GM 6-18-13) Type of Identification Produced _ Did take an oath, or l/-::' Old Not take an oath. (Name of Notary bllq rint, Stamp or type as commissioned.) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS If TO THE CITY OF SOUTH MIAMI We, Stanley Consultants. Inc .. (Name of Contractor), hereby acknowledge and agree that as CONSULTANT. as specified have the sale responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability. claims, damages, losses and expenses they may incur due to the failure of (subcontractorts names): to comply with such act or regulation. CONTRACTOR Stanley Consultants. Inc, BY: John p. DQwnes ~ Name ~ Manager. Florida Operations Title Page 37 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #S "RELATED PARTY TRANSACTION VERJFICATION FQRM" John p, Downes. individually and on behalf of Stanley Consultants. Inc;. ("Firm") {Name of Representotivel {CampallylVendorlEntlly/ have read the City of South Miami (CITY)'s Code of Ethics, Section 8A~1 of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: 1. Neither I nor the Firm have any conflict of interest (as·defined in section BAyl) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, or to transact with, the CITV, and 2. Neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial Interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-f, who is an employee of the CITY or who is(are) an appointed or elected official of the CITV, or who is{are) a member of any public body created by the City Commission, i.e., a board or committee of the ClTY, and 3. Neither [ nor the Firm, nor anyone who has a financial interest greater than 5% in the firm, nor any member of those persons' immediate family (i.e" spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CITY or has a financial interest, direct or il1direct, in any business being transacted with the aTY, or with any person or agency acting for the CITY, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be Signed under oath). 4. No elected and/or appointed official or employee of the City of Miami, or any of their immediate family members (le., spouse, parents, children, brothers and sisters) has a financially Interest directly or indirectly, in the contract between you and/or your Firm and the CITY other than the following individuals whose Interest is set forth following their names: None ' (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CITV employees and that of all elected and/or appointed CITY officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: None (use a separate sheet to supply additional information that will not fit on this line but make refel'ence to the additional sheet which must be signed under oath). 5. I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our Page 38 of 40 ProfeSSional Service AGREEMENT Tpepe()12-31-12 (Revised SK4-3-13, GM 6-18-13) performance of our duties under the terms of the contract with the ClTV, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. 6. I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CITY or any person or agency acting for the CITY, and that we have not appeared in representation of any third party before any board, commission or agency of the CITV within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or . directors of the Firm, nor any of their immediate family (i.e., as a spouse, son/ daughter/ parent, brother or Sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: None (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 7. No other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the ClTV in which] or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' Immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: None , (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 8. I and the Firm agree that we are obligated to supplement this Verification Form and inform the CITY of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. Page 39 of 40 Professional Service AGREEMENT Tpepe©12·31·12 (Revised SK 4-3-13, GM 6-18-13) 9. A violation of the OTV's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate terminallon of any AGREEMENT with the CITY, and the imposition of the maximum fine and/or any penalties allowed by taw. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, ) declare that I have made a diligent effort to investigate the matters to which J am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: ~\N. 9. '-0~~ Print Name & Title: John P. DQwO~$. Manager. Florida Operations Date: ..:<.Ju='~y _3,.....,2"""01....,3'"-___ _ ATTACHED: Sec. 8A-l-Conflict of interest and code of ethics ordinance. Page 40 of 40 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) September 15,2016 Mr. Steven Alexander City Manager City of South Miami 6130 Sunset Drive, City Hall 1st Floor South Miami, Florida 33143 Public Housing and Community Development 701 NW 1 st Court, 14th Floor Miami, FL 33136-3914 T 786-469-2100· F 786-469-2236 miamidade.gov 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: Miami-Dade County Public Housing and Community Development (PHCD) has reviewed and accepted the City of South Miami's (the City) selection of Stanley Consultants, Inc. as the qualified bidder. This is for a consultant to provide Environmental and Structural services for SW 64th Street, between SW 57th Ave. and 62nd Ave. (Bike Lanes) project, located at 6701 SW 58 th Place, South Miami, FL 33143. The City selected Stanley Consultants, Inc. as a qualified bidder based on experience. The total approved contract amount is for $31,905, as reflected in the bidder's proposal. Upon execution of the agreement between the City of South Miami and Stanley Consultants, Inc., please forward a signed copy to, Letitia Goodson, Project Manager. If you have any questions or concerns, contact me at 786-469-2220. Sincerely, ~m;>~W Vet~ S. GOOdsJn Project Manager Enclosure(s) c: Alfredo Riverol, Chief Financial Officer, City of South Miami Grizel Martinez, City of South Miami Clarence Brown, Division Director, PH CD Tangie White, Manager, Project Management, PHCD PH CD Fiscal Section Stanley Consultants INC. July 14, 2016 Grizel Martinez Engineering & Construction Division City of South Miami 4795 SW 75 Avenue Miami, FI33155 Dear Ms. Martinez: Subject: SW 64 th Street Improvement from 57 th to 62 nd Avenues Phase II Environmental Site 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 SW 64 th Street Improvements project. The property is located along SW 64 th Street between 57 th and 62 nd Avenues in South Miami, Florida. Project Understanding The City of South Miami (City) is requesting a Phase II ESA for the portion of SW 64 th Street right-ot-way (ROW) between 57 th and 62 nd Avenues in South Miami. Stanley Consultants completed a Phase I ESA of the property in April of 2016 and this Phase II ESA investigation is being used to determine potential impacts from recognized environmental conditions (RECs) based on past and current uses of the property and potential impacts from adjoining properties. Scope of Proposed Work For this Phase 1\ ESA, Stanley Consultants recommends collecting soil and groundwater samples at six locations along the approximate 0.5 mile SW 64 th 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 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 licensed well driller certified in the State of Florida will be retained by Stanley Consultants to advance six direct push sampling points to collect soil and groundwater samples to a 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 of the highest OVA reading above the observed groundwater table. If no organic vapors are detected, the soil sample will be collected at the soil-groundwater interface or at a 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 by a State of Florida certified laboratory, labeled, and placed on ice for preservation. Samples will be shipped under chain-ot-custody to the laboratory for analysis. Any excess soil generated during sampling activities will be spread on the ground in the sampling locations. Purge water 2-658Cros~p-;;;k-Road • s;;;ie 1 QO • Coralvill~. iii ~i2241 • pho~;e 319.626-:39'90. fax 319'-.62-6.3-99-3 _.-.... _ ... _-._-_ .. -_. ------ www.stanley<onsliitallls.com Grizel Martinez July 14,2016 Page 2 generated during groundwater sampling activities will discharged onto the ground in the sampling locations for evaporation, Purge water and any excess soil will not be containerized or characterized 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 of soi[ 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 Drinking Water Maximum Contaminant Levels and Florida Drinking Water Quality Standards, A draft letter report will be provided to the City for. review. The City's comments will be addressed and two copies of the final letter report will be provided to the City, Project Cost Stanley Consultants will provide the professional services referenced above for a lump sum fee of $31,905 in accordance with the Professional Service Agreement for General Environmental & Structural Services between Stanley Consultants and the City dated July 3, 2013, This fee includes drilling, sampling, and analytical services (at standard turnaround times), as well as reporting and expenses, Itemization of these costs are presented in the following table Scope of Work Item Associated Cost ($) Project Labor Costs 13,895 Field Expenses 10,010 Analytical Lab Costs 8,000 Total 31,905 If this scope of services and cost are acceptable to you, please sign below and return to the attention of Joe 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 me at 319,626,5313 or Joe Rubino at 303.925,8282, Sincerely, Rebecca L, Svatos, P,E, Vice President Environmental and Urban Design Market Leader . Authorization-to-Proceed Signature cc: Joe Rubino -Stanley Consultants Courtney Arena -Stanley Consultants Date CONTRACTFOR ____________ __ THIS CONTRACT, entered into this __ day of , 20-, 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: salexander@southmiamifl.gov and with an office and principal place of business located at , and E-mail address of ________ and Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of ; and WHEREAS, the CITY -desires to retain CQNTRACTOR 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 the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as 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 servjces set forth in said proposal, quote or response to solicitation, . -wh,icheveris-applicable, as modiffed by thed':ontra1:t bocuments, or asis otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box-immediately preceding the document described below to indicate that such document is part ofthis CORtract) o Contractor's response to the CITY's written solicitation; or o Contractor's-pr.oposai-or quote-;-or if none, o As described-in-paragr:aph 2 below. 2) Contract Documents: The Contract Documents shail include this Contract and the following "checked docum-ents", as well as any attachments or exhibits that are made a part of any ofthe uchecked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) o General Conditions to Contract, o Supplementary Conditions, o "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) o Scope of Services, o Contractor's response to the CITY's Bid Documents, o Contractor's proposal or quote, o CITY's Insurance & Indemnification Requirements, o Bonding of Employees (the term "employee", as used in this Contract, shall include volunteers) -$1,000,000 o Payment Bond, o Performance Bond, This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are uchecked documents", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the Thomas F. Pepe 2016 07/29/16 Page -1-of4 quote, if -any. The "checked documents" are attached her-eto-and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance ·of the Work under this Contract on or a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the ."Work-Commencement Date"), and shall compJete the performance hereunder within days or theJength 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 Contact Person in charge of administering this Contract on beha If of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: _______ e-mail: ________ ,; Fax: ______ Street Address: 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, 0 $ or as set forth in 0 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 bY7-one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services,-it is-presumed that the cost of perfor.ming-the Work after regular working hotJrs, and on Sunday and legal holidays,_ is included-in the Contract Price. However, nothing contained herein shan authorize work on days. and during hoar:s thilLare oth-erwise prohibited by ordinance unless specifically authorized0r instructed in writing by the Cit'i Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for days or until it expires on _____ .---J' or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional __ period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 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 for termination contained in the Contract 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 performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. Thomas F. Pepe 2016 07/29/16 Page -2 -of 4 12) Change-Orders: No-additional Work or extras-shall be done unless the same is Duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense p-rior to executing this Contract or commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid-at the rate of $ dollars per day until the Work is completed. 16) Jury Trial Waiver: The parties waive their right to jury trial. 17) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto 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 I this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part; including the provisions of this paragraph, may be implied by any act or omission. 18JPublic Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.n9.0'10l) while providing g-oods and/or services on behalf of the CITY and-the CONTRAITOR, under such conditions, shall incorperate thisparagr~h-in all- of its subwntracts for this -?rojectcmd shaJJ: (a} Keep and maintain pub.ic recOTds re-quired by the puhlic agency to perform the service; (b) Upon request from the public agency's-custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a 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 of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TIDS CONTRACT, CONTACT THE CUSTODIAN Thomas F. Pepe 2016 07/29116 Page -3 -of4 -OF PUBLIC RECORDS-AT 305-663-6340 ; E-mail: mmenendez@so-uthmiamifl.gov; 6130 Sun-set Drive, South Miami, FL .33143. 19) Backg-round Screeni-ng. 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 Levell! Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this 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 a part of this Contract by reference. 21) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or aSSigned without prior written consent from the CITY which may be denied without cause. 22) Notices. All notices given or required under this Contract shall be deemed sufficient if sent 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, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or befor:e the date first abo\Le written; with-fultknowledge of-its content and significance -and intending to be lega-ily-' oound by the -terms hereof. Witnessed: By: ___________ _ ATIESTED: By: __________ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: __________________ _ City Attorney Thomas F. Pepe 2016 07/29/16 Page -4 -of4 [individual or-entity's name] By: _______ _ [name of signatory] CITY OF SOUTH MIAMI By: ________ _ Steven Alexander City Manager