Res No 099-17-14900and
RESOLUTION NO: 099-17-14900
A Resolution authorizing the City Manager to execute a professional service work order for EAC
Consulting Inc., for the Palmer Park Drainage Improvement Project.
WHEREAS, the Mayor and City Commission wish to improve the drainage conditions at Palmer Park;
WHEREAS, EAC Consulting, Inc., is one of four firms selected by Resolution No. 060-17-14861, to
provide professional service agreement for engineering services on as needed basis in accordance with Florida
Statute 287.055, "Consultants Competitive Negotiation Act;" and
WHEREAS, EAC Consulting, Inc., submitted a proposal for professional engineering services; and
WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and
WHEREAS, the amount of $60,870.62 was found to be comprehensive and cost effective in its design
approach; and
WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute a
professional service work order with EAC Consulting, Inc., for drainage improvements to Palmer Park.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA;
Section 1. The City Manager is hereby authorized to execute a professional service work order for EAC
Consulting, Inc., to provide drainage design and construction documents for the Palmer Park Drainage
Improvement Project in an amount not to exceed $60,870.62. The expenditure shall be charged $60,870.62 to
the Capital Improvement Fund Account number 301-2000-572-6450 which has a balance of $666,063.83
before this request was made.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of May, 2017.
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Page 1 of 1
THE CITY OF l'lEAS}\NT LIVING.
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
May 16, 2017 Agenda Item No.: ~ Steven Alexander, City Manager
A Resolution authorizing the City Manager to execute a professional
service work order to EAC Consulting Inc., for the Palmer Park Drainage
Improvement Project.
Palmer Park experiences flooding during and after rain events affecting
the· residential properties bordering the park. To alleviate these
conditions, the City is requesting requisite professional engineering
services to develQP the design of infrastructure improvements and
prepare necessary construction documents.
EAC Consulting, Inc is one of four. firms selected by Resolution No. 060-
17-14861, to provide professional service agreement for engineering
services on as needed basis in accordance with Florida Statute 287.055,
"Consultants CQmpetitive Negotiation Act.
Professional Services were requested for the Drainage Improvement
Project and a proposal was provided on April 27, 2017 that is
comprehensive and cost effective for the services requested.
PROPOSAL AMOUNT: Please refer to the consultant contract and fee schedules.
FUND & ACCOUNT: Expenditures related to this contract shi;lll be charged to the Capital
Improvement Fund Account for an amount not to exceed $60,870.62.
ATTACHMENTS:
The expenditure shall be charged $60,870.62 to the Capital Improvement
Fund Account number 301-2000-572-6450 which has a balance of
$666,063.83 before this request was made.
Resolution
Resolution #060-17-14861
Professional Services Agreement
EAC Consulting Inc., proposal letter dated April 27, 2017
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IEXHIIiOT #6
~IROIP~SSOOIr\llAIL. SIERvotCre AGIRIEEIM~INIT
"lProfessiouual Geuuell"aft teuugineerillii and ~rrdIlDtG!lcta.straIB §erviceS"
RFQ #PW1@1"-11
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THIS AGREEMENT made and entered into this ~ day of Becemher-, 20~ by and
between the City of South Miami, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and EAC Consulting, Inc. who is authorized to do
business in the State of Florida, (hereinafter referr4!d to as the "CONSULT ANTj. In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and conditions:
1.0 General Provisions
I. i A Notice to Proceed will be Issued by the City Manager. or his designee, following
the signing of this AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any exclusive rights to perform work on behalf of the Owner
other than the work described in one or more Notice to Proceed (hereinafter
referred to as the "WORK"), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
!.2 The CITY agrees that it will furnish to the CONSULTANT available data and
documents in the CITY possession pertaining to the WORK to be performed
under this AGREEMENT promptly after the issuance of the Notice to Proceed
and up~n written request of the CONSULTANT.
2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope
of Services as described in the Notice to Proceed.
3.0 Time for C·ompledon
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document Signed by the
City Manager. or designee.
3.2 A reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible.
4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the follOWing methods or a combination thereof. as mutually
agreed upon by the CITY and the CONSULTANT .
. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by th.e CITY and the CONSULTANT and if such an
agreement is reached. it shall be in writing. signed by the CONSULTANT and
the City Manager and attached hereto as A ITACHME.NT As:
4.2 Hourly rate fee: If there Is no fixed sum or if additional work is requested
. without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept. for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall include all
T'-nas F. Pepe
1011312016
Page 510166
wages, benefits. overhead and profit and that shall be in writing. signed by the
CONSULTANT and the City Manager and attached hereto as
AlTACHMENT A.
5.0 Payment and Partial Pa)'IDents. The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth in the schedule of payment as set forth in
ATTACHMENr Ii or. if no schedule of payment exhibit is attached to this
AGREEMENT then payment will be made 30 days following the receipt of
CONSUL TANrs Invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of the CITY's representative. who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this AGREEMENT.
the prosecution and fulfillment of the services. and the character. quality. amount and
value. The representative's decisions upon all claims. questions. and disputes shall be
final. conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonable. Dn the event that the CONSULTANT does not concur in the
judgment of the representative as to any decisions made by him. CONSULTANT shall
present his written objectlons"to the City Manager and shall abide by the decision of the
City Manager.
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.
S.O 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.
9.0 Truth-in Nelotiations: If the contract amount exceeds the threshold amount proVided
in s. 287.017 for category four. the CONSULTANT shall execute a truth-in-negotiation
certificate stating that wage rates and other factual "unit costs supporting the
compensation are accurate, complete. and current at the time of contracting. In such
event. the original contract price and any additions thereto shall be adjusted to exclude
any significant sums by which the City determines the contract price was increased due
to inaccurate. incomplete. or noncurrent wage rates and other factUal unit costs. All
such contract adjustments must be made within one year follOWing the end of the
contract.
10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this
AGREEMENT without the express written consent "of the CITY. The cm will not
unreasonably withhold andlor delay its consent to the assignment of the
CONSULTANTs rights. The CITY may. in its sole discretion. allow the
CONSULTANT to assign its duties. obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by it without prior written consent of the CITY. Any assignment or
subcontracting in violation hereof shall be void and unenforceable
11.0 Unauthorized Aliens; The employment of unauthorized aliens by the CONSULTANT is
considered a violation of Federal law. If the CONSULTANT knowingly employs
unauthorized ailens. such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSUlTAN.T as
well. The CITY reserves the riaht at its discretion. but does not assume the obligation.
Thomas IF. lP'epe
10I1J12016
Page12ofM"
to require proof of valid citizenship or. in the alternative. proof of a valid green card for
each person employed in the perfonnance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable laws and/or
regulations ..
] 2.0 Wamngr. 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. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK, or. If a Notice to Proceed is issued. CITY
may terminate this AGREEMENT by written notice to CONSULTANT. and in either
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. Payment shall be determined on the basis of the work performed by the .
CONSULTANT up to the time of termination. Upon termination. the CITY shall be
entided to a refund of any monies paid for any period of time for which no work was
performed.
14.0 !Jml. This AGREEMENT shall remain in force until the end of the term. which includes
all authorized renewals. or unless otherwise terminated by the CITY. The term of this
agreement is three (3) years from the issuanc~ of the Notice to Proceed and one two-
year option-to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed fIVe (5) years
fonowing the issuance of the Notice to Proceed.
15.0 Default. In the event either party falls to comply with the provisions of this
AGREEMENT. the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSULTANT shall not
be entitled to any consequential or delay damages. In the event that partial payment
has been made for such pr.ofessional services not completed. the CONSULTANT
shall return such sum$ 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 OWO" costs
and legal fees.
16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Insurance and Indemnification requirements that are set forth in AITACHM£HT 8 to
this AGREEMENT.
17.0 Agreement Not exclusive. Nothing In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 Codes, Ordinances and laws. The CONSULTANT agrees to abide and be lovemed by
all duly promulgated and published municipal. county. state and federal codes,
ordinances. rules. regulations and laws which have a direct bearing on the WORK
Involved on this project. The CONSULTANT Is required to complete and sign all
affidavits. Including PubIc Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a). as required by the CITY's solicitation. If any. applicable to this
T'honIas F. Papa
1111312816
Pqe s:J of 66
AGREEMENT.
19.0~. CONSULTANT shall be responsible for payment of all federal. state, and/or
local taxes related to the Work, inclusive of sales tax if applicable. .
20.0 Prug Free Workplac;e. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference. .
21.0 Indegendent Contractor. CONSULTANT is an Independent. entity under this
AGREEMENT and nothing contained herein shall be construed to create a partnership.
joint venture. or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws. rules. regulations. and
health and safety standards of the federal. state, and CITY, which may be applicable to
the service being provided.
23.0 Ucenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement, Modification. and Binding Effect: This AGREEMEN.T constitutes the
. entire agreement of the parties. incorporates all the understandings of the parties and
supersedes any prior agreements. understandings, representation or negotiation, written
or oral. This AGREEMENT may not be modified or amended except in writing. signed
by both parties heretO. This AGREEMENT shall be binding upon and Inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs. successors
and assigns. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT. in general, and this paragraph, in particular, shal~ not be modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved by
written resolution of the City Commission, or if such approval is required by ordinance
or the City Charter. no amendment. to this AGRIEEMENT shall be valid unless approved
by written resolution of the City Commission.
25.0 Iury Trial. CITY and CONSULTANT knowingly, orrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding. lawsuit or counterclaim arising out of
. this AGREEMENT or the performance of the Work ther~nder.
26.0 Validity of Executed Copjes. This AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original. .
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may
be substituted for male, female or neuter, whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 Severabilit)t. If any term or provision of this AGREEMENT or the application thereof to
any person Or circumstance shall, to any extent, be invalid or unenforceable. the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which It Is held invalid or unenforceable. shall not
be affected thereby and each and every other term and provision of this AGREEMENT
shall be valid and enforceable to the fullest extent permitted by law. .
29.0 Cumulative Remedies: The duties and obligations Imposed by the contract documents,
if any, and the rights and remedies available hereunder, and, In particular but without
limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by
the ConU"act Documents. if any, and this· AGREEMENT and .the rights and·remedies
available to the CITY hereunder. shall be in addition to, and shall not be constru~ in
any way as a limitation of. any rights and remedies available at law or in equity, by special
guarantee or by other proviSions of the Contract Documents, if any, or this
AGR.EEMENT. In order to entitle any party to exercise any remedy reserved to it in this
Thomas IF. Papa
1011312016
Page§4oU6 .
AGREEMENT. or existing in law or in equity. it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or In eqUity. shall be exclusive of any
other available remedy or remedBes. but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this AGREEMENT or
hereafter existing at law or In eqUity. No delzy or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof. but any such right and power may be exercised from
time to time as often as may be deemed expedient.
30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
in exercising any right, power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right, power. or privilege under this AGREEMENT.
No waiver of this AGREEMENT. in whole or part, including the provisions of this
paragraph. may be Implied by any act or omission and will only be valid and enforceable
8f in writing and duly executed by each of the parties to this AGREEMENT. Any waiver
of any term. condition or provision of this AGREEMENT will not constitute a waiver of
any other term. condition or provision hereof. nor will a waiver of any breach of amy
term. condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default.
31.0 No Discrimination and EQual Employment: No action shall be taken by the
CONSULTANT. nor will It permit any acts or omissions which result in discrimination
against any person. including employee or applicant for employment on the basis of race,
creed, cofor. ethniclty, national origin. religion, age, sex, familial status. marital status,
ethnicity, sexual orientation or physical or menta! disability as proscribed by law and
that it will take affirmative action to ensure that such discrimination does not take place.
The CONSULTANT shall comply with the Americans with Disabilities Act and it will
take affirmative action to ensure that such discrimination does not take place. The City
of South Miami's hiring practices strive to comply with all applicable federat regulations
regarding employment eligibility and employment practices in general. Thus, all
individuals and entities seeking to do work for the CITY are expected to comply with ail
applicable laws. governmental requirements and regulations. including the regulations of
the United States Department of Justice pertaining to employment eligibility and
employment practices. By signing this AGREEMENT. the CONSULTANT hereby
certifies under penalty of perjury, to the CITY. that CONSULTANT is in compliance
with all applicable regulations and laws governing employment practices.
32.0 Governin. Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Florida. with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in MIami-Dade County. Rorida.
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto. and approved by the City Commission if such
approval is required by City's Charter. and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is required
by the City's Charter. then the date of approval by City CommiSSion. whichever is
later.
34.0 Third Pan;x Beneficiary. It is specificaOly 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 th4! benefit of or be enforceable by
1'homas F. Papa
1 OIUI2OI 6
Page 55 of"
anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and effectuate
the Intent and purposes of this AGREEMENT.
36.0 TIme of Essence. Time is of the essence of this AGREEMENT.
37.0 Inter:gretatlon. This AGREEMENT shall not be construed more strongly against either
party hereto. regardless of who was more responsible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its
obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes.
labor disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
39.0 Subcontracti~ If allowed by thas AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its subcontractorslsubconsultants
as it is for the acts and omissions of people directly employed by it. All
subcontractorslsubconsultants and their zgreements, if allowed by this AGREEMENT.
must be approved by the COTY. The CONSULTANT shall require each subcontractor,
who is approved by the CITY. to agree In the subcontract to observe and be bound by
all obligations and conditions of this AGREEMENT to which CONSULTANT is bound.
40.0 Public R.ecords: CONSULTANT and all of its subcontractors are required to comply
with the public records law (sol 19.0701) while providing goods andlor services on behalf
of the CITY and the CONSULTANT, under such conditions. shall incorporate this
paragraph in all of its subcontracts for this Project. Under such condition,
CONSULTANT and its subcontractors are specifically required to: (a) Keep and
maintain public records reqUired by the public agency to perform the service; (b) Upon
request from the public agency's custodian of public records. provide the public agency
with a copy 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 the 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 the contractor or keep and maintain
public records required by the public agency to perform the servi.ce. If the contractor
transfers all public records to the public agency upon completion of the contract. the
contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract. the 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 pubrlC agency's custodian
of public records. in a format that is compatible with the information technology
systems of the public agency.
OF THE CONTMCTOlR HAS QUESTIONS IftI§GARDDINIG THE
APPLICATION OF CHAPTEIlt DDt, FLORIDA STATUTES, TO THE
CONTIftACTOIR·S DUTY TO PROVDJO)IE PUIiILUC RECORDS RElLA TING TO
THUS CONTRACT, CONTACT THE CUSTODIAIN! OF pumu .. oc HCO~D5
AT l05a "la634@: (Ea 8'1J'ilaiB: mmeIlllCIIlllldez@SouthmiamHB.pv; 6 H J@ SlI8l111Set
Dm., South Miami, FR.. 33143.
41.0 Notices. Whenever notice shall be ·required or permitted herein. It shall be
nomss F. Papa
1011312016
PageS6 of 66
delivered by hand delivery. a-mail (or similar electronic transmission). facsimile
transmission or certified maU. with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or. if by certified mail. the date on the return receipt or the
date shown as the date same was refused or undaimed. If hand delivered to the
CITY. a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-man) or facsimile transmission numberS set forth below:
To CI1Y:
With copies to:
To CONSULTANT:
City Manager.
6nO Sunset Dr.
South Miami. fL 33143
Tel: (30S) 668-2510
fax: (3005) 663-6345
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, flo 33143
Tel: (305) 667-2564
fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
42.0 Corporate Authorit;y: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of per!ury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have complied with all applicable lepl requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder; and that this AGREEMENT is duly executed and delivered by an audlorized
corporate officer. in accordance with such officer's powers to bind the CONSULTANT
hereunder. and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
DN WgTINI~55 WHEREOf, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
Thomas F. Pepe
BOilml16
~:N_~ __ _
Michael Adeife , P .E.
(Print ~ove)
------Oty~
By. ~~~ ______________________ _
.... Steven Alexander .... -
City Manager
Page 51 of 6'
Read .and Approved as to Form. Lan ....
legality -and Execution thereof:
:p-~~.-~ .?':;..<-By:-.
Thomas F. Papa, Esq.
Ciqt Attorney
Tlaama F. Pepa
10113'10'6
March 31, 2017
Mr. Steven Kulick, C.P.M
Chief Procurement Officer
City of South Miami
6130 Sunset Drive
South Miami, FL. 33143
Re: City of South Miami Benchmark Wage Rate Summary
RFQ IIPW2017-22
Dear Mr. Kulick,
EAC Consulting, Inc. received the City of South Miami's (City) Benchmark Wage Rate Summary for the
above-referenced contract. We understand thClt it is the City's desire to utilize these "Benchmark Rates"
for the work that would occur over the term of the agreement.
In order to establish our rates, we considered the rates actually paid to the proposed staff listed in our
response to the RFQ and utilized a 2.65 multiplier for our revised proposed rates. EAC Consulting
respectfully submits this revised counter offer to the benchmark rates provided to us.
We trust that you will find these rates acceptable and are available for any questions or subsequent
discussions as necessary.
Please feel free to call me at (954) 714-2007.
Sincerely,
EAC Consulting, Inc.
~: I~·{)DJ--"
-=oori'na Grace, P.E.
Project Manager
cc. Mike Adeife, P.E. -EAC Consulting, Inc.
Attachments: Exhibit A -Compensation rev 2017-03-31
815 NW 57 Avenue, Suite 402 ~ Miami, FL 33126 H Phone: 30~264-2557 U Fax: 305-264-8363 f www.eacconsullcom ~CA # 7011
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
CITY OF SOUTH MiAMI
"Professional General Engineering and Architectural Services"
. RFQ #PW2016-22
The fees for professional services for the Work shall be in accordance with the following billing
rates for EAC Consulting, Inc. and subconsultants.
Hourly rates include all wages, benefits, overhead and profit
Direct Expenses (Reimbursables) shall include-5% markup
Billing Rates shall be subject to yearly escalation of3.5%.
SALARY COSTS
Category South Miami Benchmark
HOllllrDy Rate
Principal $180.00
Sr. Project Manager $150.00
Project Manager $130.00
Senior Engineer $125.00
Senior Planner $125.00
Planner $85.00
Senior Traffic Engineer $125.00
Traffic Engineer $85.00
Senior DesignerlEngineer $90.00
Designer $80.00
Engineer Intern $75.00
Senior CADD Technician $75.00
CADD Technician $65.00
GIS Technician $80.00
Senior Construction Inspector $90.00
Construction Inspector $75.00
Seilior Landscape Architect $125.00
Landscape Architect $115.00
Landscape Architect Intern $70.00
Arborist $75.00
Utility Coordinator $90.00
Surveyor/Mapper $85.00
Survey Technician $60.00
EAC Consulting, Inc.
City of South Miamu RFQ #PW2016-22
EAC Revised Proposed
Hourly Billine Rates
$181.46
$179.66
$171.58
$148.22
$134.75
$103.31
$134.75
$103.31
$107.80
$85.34
$75.00
$80;85
$76.36
$80.00
$97.02
$90.73
$134.75
$115.00
$71.86
$85.34
$90.00
$107.80
$76.36
SALARY COSTS
Category South Miami Benchmark EAC Revised Proposed
Hourlv Rate Hourly Billioe Rates
2-Man Survey Crew $115.00 $115.00
3-Man Survey Crew $125.00 $125.00
4-Man Survey Crew $135.00 $135.00
Fire Protection Engineer $90.00 $134.75
Plumbing Engineer $90.00 $112.29
Mechanical Engineer $90.00 $112.29
Electrical Engineer $90.00 $143.73
Geotechnical Engineer $120.00 $120.00
Geologist $90.00 $116.78
Environmental Scientist $85.00 $116.78
Senior Administrative Assistant $65.00 $65.00
Clerical $45.00 $45.00
3/31/2017
Date
Senior Vice President
EAC Consulting, Inc.
City of South Miami RFQ #PW2016-22
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professional General Enslneerln, and Architectural Services"
RFQ IIPWZOl6-Z2 "
The Oty and CONSULTANT agree that a separate rotational list will be dedicated for work
performed under a continuing professional service contract, as specified In the Scope of
Services, for "Certlfied Arborlsts Services," and a separate rotational list will be established for
all CCNA professional services. "Certified Arborlsts Services" Is defined as:
e Certified Arborlst Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's Land Development Code. The review includes the initial site inspection followed
up by the determination of mitigation and a final Inspection. When needed, assist City
Departments with other Issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational "list for "Certified Arborists Services" will rotate every three (3) months among
the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Profes al servlceSAgreements~. _
of South Miami ------------
,/
3130/2011
(Name of Signatory)
Read and Approved as to Form, Language,
Thomas F. Pepe, City Attorney
ATTACHMENT B
ftN§UIRANClE & 9NIDIEMNOIFUCATUOlNl IRfEQUDRIEMlEfNrrS
PROfESSIONAL SEIRV8CIE AGREEMENT
"Professional General Engineering and ArchitecturaD Services"
RIFQ #PW20 i 6-22
1.0 I 0 Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is
against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will
protect the FIRM, at a minimum, from all claims as set forth below which may arise out
of or result from the FIRM's operations under the Contract and for which the FIRM
may be legally liable, whether such operations be by the FIRM or by a Subcontractor or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable: (a) claims under workers' compensation, disability benefit
and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or
disease, or death of the FIRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees;
(d) claims for damages insured by usual personal injury liability coverage; (e) claims for
damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; (f) claims for damages because of
bodily injury, death of a person or property damage arising out of ownership,
maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage
arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.0 II Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until
all the Work to be performed under this Contract has been completed and accepted by CITY
. (or for such duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
1.012 Workers' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including Chapter
440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
Thomas F. Pepe
10/1]/2016
Page 60 of 66
In addition, the policies must include: Employers' liability at the statutory'coverage
amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.0 I 3 Commercial Comprehensive General Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $ 1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
o Personal Injury: $ I ,000,000;
o Medical Insurance: $5,000 per person;
o Property Damage: $500,000 each occurrence;
1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount'of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office. and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) explOSion, Collapse and Underground Hazard Coverage
( e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 Business Automobile LiabiliS' with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($ I ,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is
sublet, the subcontract shall contain the same insurance provision as required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1 ~O 17 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
C. In the event that this contract involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Risk Insurance on buildings and structures, incJuding Vandalism &
Malicious Mischief coverage, while in the course of construction, including foundations,
additions, attachments and all permanent fixtures belonging to and constituting a part of
Thomas F. Pepe
1011312016
Page 61 of 66
said buildings or structures. The policy or policies shall also cover machinery. if the cost
of machinery is included in the Contract, or if the machinery is located in a building that
is being renovated by reason of this contract. The amount of insurance must, at all
times. be at least equal to the replacement and actual cash value of the insured
property. The policy shall be in the name of the CITY and the Firm. as their interest
may appear, and shall also cover the interests of all Subcontractors performing Work.
D. All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverage unless it would be clearly not applicable.
1.018 Miscellaneous:
F. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation. change. or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
G. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY. either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond. in a form satisfactory to the CITY covering the same.
H. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the FIRM'S duty to indemnify the City
as provided in this Agreement.
I. Before starting the Work, the FIRM shall deliver to the CITY certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if.one is
issued, the insurance poliCY, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the insurance
agent or broker through whom the policy was obtained. The insurer shall be rated
AVII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms
approved by the State of Florida and they must remain in full force and effect for the
duration of the contract period with the CITY. The FIRM may be required by the CITY.
at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I
of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
insurance certificate, the following endorsements:
(3) a policy provision or an endorsement with substantially similar provisions as
follows:
Thomas F. Pepe
10113/2016
"The City of South Miami is an additional insured. The insurer shall pay all sums
that the City of South Miami becomes legally obligated to pay as damages
because of 'bodily injury", 'property damage' , or "personal and advertising
injury" and it will provide to the City all of the coverage that is typically provided
under the standard Florida approved forms for commercial general liability .
coverage A and coverage 8";
Page 62 of 66
(4) a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
J. If the FIRM is providing profeSSional services, such as would be provided by an
architect, engineer., attorney, or accountant, to name a few, then in such event and in
addition to the above requirements, "the FIRM shall also provide Professional liability
Insurance on a Florida approved form in the amount of $1,000,000 with deductible per
claim if any, not to exceed 5% of the limit of liability prOViding for all sums which the
FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors
or assigns, or by any person employed or retained by him in connection with this
Agreement. This insurance shall be maintained for four years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
FIRM may purchase Specific Project Professional liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
OndemD'llific:aticD'll Requirement
G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to
the negligence or other fault of the Firm or anyone acting through or on behalf of the
Firm.
H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses,
claims, demands, suits, fines, judgments or cost and expenses, including reasonable
attorney's fees, paralegal fees and investigative costs incidental there to and incurred
prior to, during or follOWing any litigation, mediation, arbitration and at all appellate
levels, which may be suffered by, or accrued against, charged to or recoverable from
the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for
injury to, or death of any person or persons and for the loss or damage to any" property
ariSing out of a negligent error, omission, misconduct, or any gross negligence,
intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of
their-officers, directors, agents, representatives, employees, or assigns, or anyone acting
through or on behalf of ~my of them. arising out of this Agreement, incident to it, or
resulting from the performance or non-performance of the firm's obligations under this
AGREEMENT.
I. The firm shall pay all claims. losses and expenses of any kind or nature whatsoever. in
connection therewith. including the expense or loss of the CITY and/or its affected
Thomas F. Pepe
10/1311016
Page 63 of 66
officers, affiliates, employees, successors and assigns, including their attorney's fees, in
the defense of any action in law or equity brought against them and arising from the
negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to. this
Agreement, or incident to or resulting from the performance or non-performance of
the Firm's obligations under this AGREEMENT.
J. The Firm agrees and recognizes that neither the CITY nor its officers. affiliates,
employees, successors and assigns shall be held liable or responsible for any claims.
including the costs and expenses of defending such claims which may result from or
arise out of actions or omissions of the Firm, its contractor/subcontractor or any of
their agents, representatives. employees. or assigns. or anyone acting through or on
behalf of the them. and arising out of or concerning the work or event that is occurring
on the CITY's property. In reviewing, approving or rejecting any submissions or acts of
the Firm, CITY in no way assumes or shares responsibility or liability for the acts or
omissions of the
Firm, its contractor/subcontractor or any of their agents. representatives, employees.
or assigns. or anyone acting through or on behalf of them.
K. The Firm has the duty to provide a defense with an attorney or law firm approved by
the City of South Miami. which approval will not be unreasonably withheld.
L. However. as to design professional contracts. and pursuant to Section 725.08 (I).
Florida Statutes. none of the provisions set forth herein above that are in conflict with
this subparagraph shall apply and this subparagraph shall set forth the sole
responsibility of the design professional concerning indemnification. Thus. the design
professional's obligations as to the City and its agencies. as well as to its officers and
employees. is to indemnify and hold them harmless from liabilities. damages. losses.
and costs, including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence. recklessness. or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the
performance of the contract.
Thomas F. Pepe
10/1]/2016
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
Page 64 of 66
April 27, 2017
Aurelio Carmenates, P.E., Manager
Capital Improvements Projects
City of South Miami Public Works Engineering
& Construction Division
4795 SW 7S th Avenue
Miami, FL33155
Re: Professional General Engineering and Architectural Services Agreement RFQ PW2016-22
Palmer Park -South Perimeter and Parking Lot Drainage Improvements
EAC COflsulting, Inc. respectfully submits this engineering services fee proposal based on our initial assessment ofthe scope,
extent of improvements required at the park and previous field visits to Palmer Park. Our services on this project will be
supplemented by two sub consultants responsible for important data retrieval that will be needed for engineering design.
The firms prqposed to work with our engineering staff on this assignment are:
I
• GCES Engineering Services, LLC -Geotechnical Engineering & Materials Testing
• Hadonne Corp -Surveying & Mapping, Subsurface UtilityEngineering
We understand that the south perimeter of Palmer Park experiences flooding during and after rain events affecting the
residential properties bordering the park. To alleviate these conditions, the City is requesting requisite professional
engineering services to develop the design of infrastructure improvements and prepare necessary construction documents.
Accordingly, EAC shall undertake a topographic survey qf the project extents as well as percolation tests to determine the
ability of the soil to dispose of storm water. This information shall be used to perform design analyses as well as regulatory
flood routing computations for incorporation into construction documents. In our preliminary discussions with the City, we
determined the need for a new storm water collection and disposal system within the project area that offers removal of
silt/clay soils from the runoff upstream of a new designed exfiltration trench drainage system.
The proposed design will be done in accordance with the established guidelines and procedures utilized by the City of South
Miami Public Works Department, the Miami-Dade County Public Works Department and Miami-Dade County RER (formerly
DERM). .
EAC shall provide professional technical services in accordance with our Professional Service Agreement for Professional
General.Engineering and Architectural Services with the City of South Miami.
Our specific statement of work is outlined in "Exhibit A" attached to this professional engineering services fee proposal. In
summary, our antiCipated scope of services is itemized as follows:
i. Site Investigation and Reconnaissance.
ii. Data Collection and Verification of As-builtConditions.
iii. Site Layout Plan and Geometry with tie-ins to established vertical and horizontal datum and monuments.
iv. Grading and Paving Design, Plans and Details
v. Storm water Flood Routing Analyses (to determine required berm elevations along the south property limits).
vi. Drainage Design, Plans and Details.
vii. SWPPP Notes and Applicable Details
viii. Technical SpeCifications
ix. Probable Cost Estimates
x. Permitting/Approvals with local jurisdictional authorities
xi. Bid and Award Support Services
xii. Limited Construction Inspections
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i:.
COMPENSATION:
Our lump sum fee proposal breakdown covers the surveying & mapping, geotechnical investigations, civil engineering
calculatio.ns, engineering design, the development of construction documents, jurisdictional permitting and limited bid /
award support services and limited construction inspections. The fees for professional services was 'developed 'In
accordance with the billing established for EAC Consulting and the City of South Miami as described in the Professional
Service Agreement. Our fee proposal summary is provided below. A breakdown of our staff hours and corresponding lump
sum fee proposal for the project is also provided in "Exhibit B" also attached to this professional engineering services fee
proposal.
D . S eSlgn ervlces:
Data Collection $ 3,826.88 Lump Sum
~urveying / Mapping $ 6,431.12 Lump Sum
Conceptual Design . $ 4,912.12 Lump Sum
[c_onstruction Documents (60% StJbmittal) $ 16,236.64 Lump Sum
Construction Documents (100% Submittal) $12,471.56 Lump Sum
Permitting and Approvals $ 4,506.00 Lump Sum
Allowance for Miscellaneous Expenses $190.00 NTE
Technical Support Services:
Geotechnical Testing $1,500.00 Lump Sum
Subtotal -Professional Fees -Design Service $ 50,074.32 Lump Sum
Post-Design Services:
Limited Bid and Award Support Services $1,957.46 Hourly Rate, NTE
Limited Construction Site Inspections $ 2,155.96 Hourly Rate, NTE
Construction Certifications & Closeout $1,882.88 Hourly Rate, NTE
Subtotal-Professional Fees -Post-Design Service~ $ 5,996.30 Hourly Rate, NTE
TBD ALLOWANCE: Test Holes / Soft Digs (Vacuum Truck Crew) $ 4,800.00 TBD;NTE
12 Test Holes at $400 perTest Hole
TOTAL without TEST HOLES ALLOWANCE $56,070.62
GRAND TOTAL . $ 60,870.62
I
Page 2
r
l
PROPOSED SCHEDULE
EAC Consulting is aware thatthe City would like to have construction of this project start in August 2017. It is anticipated
that the City will require 30 days for procurement and award of Construction contract. Therefore, we have developed a
very aggressive schedule of 120 calendar days to meet your proposed deadline. The proposed schedule for this effort is
provided below:
I,' "
14 calendar daysl
40 calendar daysl
30 calendar daysl
120 calendar days
90 calendar daysl
30 calendar daysl
1 _ Concurrent
Please note that in order to meet your proposed deadline of August 2017, NTP must be provided by May 1, 2017
An Engineers Opinion of Probable Cost will be provided with the 100% Construction Documents Submittal.
This proposal is based on our understanding of the requirements for engineering services as itemized under the anticipated
tasks listed above. Accordingly, we reserve the right to modify this proposal due to any changes in scope. If the above fee
proposal and the terms above are acceptable to you, please provide us with a work authorization so we may begin work.
The following information will be required for us to commence the work.
1. Signed approval of this proposal or written authorization to proceed withservices.
We look forward to our continued services to the City of South Miami.
cc: Huntley Higgins, P.E.; Contracts File
Page 3
EXHIBIT "A" -STATEMENTOF WORK
Page 4
EXHIBIT "A"
STATEMENT OF WORK (SOW)
Professional Services Agreement (PSA) for Professional General Engineering and Architectural Services
Agreement RFQ PW2016-22
Palmer Park -South Perimeter and Parking lot Drainage Improvements
1.0 INTRODUCTION/BACKGROUND
. The City of South Miami owns and maintains Palmer Park located at 6100 SW 67 th Avenue in Miami Dade County,
Palmer Park is an important recreational facility for the City as it includes various amenities such as an Active Park,
Athletic Playing Fields, Batting Cages, a Concession Stand, One Football/Soccer Field, Outdoor Field Areas, Picnic
Tables/ Benches, Jogging Courses, Playground Area w/ Tot lot and Six Baseball Fields.
The south perimeter of the Palmer Park experiences flooding during and after rain events affecting the residential
properties bordering the park. To alleviate these conditions, the City is requesting requisite professional
engineering services to develop the design of infrastructure improvements and prepare necessary construction
documents.
The City has requested a fee proposal from EAC Consulting, Inc. (Consultant) to provide the services in this
Statement of Work (SOW). Accordingly, EAC Consulting, Inc. (EAC) shall perform the requisite field data gathering'
EAC Consulting, Inc. Palmer Park -Drainage Improvements
Statement of Work (SOW)
Page v
including undertaking a topographic survey of the project extents as well as percolation tests to determine the soils
ability to dispose of storm water. This information shall be used to perform design analyses and computations for
incorporation into construction documents. In our preliminary discussions with the City, we have determined the
need for a new storm water collection and disposal system wit~in the project area that offers removal of silt/clay
soils from the runoff upstream of a new designed exfiltration trench drainage system. The proposed design will be
done in accordance with the established guidelines and procedures utilized by the City of South Miami Public Works
Department, the Miami-Dade County Public Works Department and Miami-Dade County RER (formerly known as
DERM). .
2.0 OBJECTIVE
The objectives of this Statement of Work are to complete the Design Process for the Project features. This Work
Order includes the Project design by EAC from the Data Collection Phase through Design level through DeSign
documents suitable for solicitation of a construction contractor ..
. 3.0 SCOPE OF WORK
TASK 1-DATA COLLECTION AND GATHERING
Task 1.1-Surveying and Mapping and Subsurface Utilities Delineation
EAC through its sub consultant shall provide a topographic survey of the construction site in accordance with
Florida's Standards of Practice (SOP) as outlined in Florida StC!tues Chapter 472 of the Florida Administrative Code
(FAC) SJ-17. The survey will be used to design the new infrastructure improvements envisioned as part of this.
project. All surveying services shall be performed under the direction of a Professional Surveyor and Mapper (PSM)
registered in the State ofF-lorida in accordance with Chapter 472 of the Florida Statutes and 5J-17 FAC. All
horizontal data shall be collected in and based on the North American Datum of 1983, 2007 adjustment or higher
(NAD 83/07). Horizontal coordinate control shall be established from existing National Geodetic Survey (NGS)
control. All vertical data shall be collect in the North Geodetic Vertical Datum of 1929.
This.task will provide up-to-date field mapping of the proposed project area provide sufficient information for the
engineering analyses, assessments, on hard copy and electronic copy containing information which shall include,
but not limited to:
i. Above Ground Information (Pavement, Sidewalks, Gutters, Lighting, Power Poles, etc.)
ii. . Subsurface Delineation of Existing Underground Utilities within the Right of Way (Pipe Invert elevations,
Catch Basins, Manholes, Pipe material and sizes, Phone, Gas, Cable TV, Electrical, Fuel, etc.)
ifi. Existing Above Ground Utilities within the Right of Way (Valves, Meter Boxes, Lids, Rim Elevations, Fire
Hydrants, Overhead Cables, etc.)
iv. Right of Ways, Property Lines, Easements, Dedications, Legal Descriptions, etc.
v. Horizontal Designation (Quality Level B) services for the identified limits of survey work (corridors) to
depict and verify the presence of subsurface active and inactive utilities.
vi. Perform 12 Soft Digs as an option to be utilized if needed.
EACthrough its sub consultant shall establish State' Plane Coordinates, including latitude and longitude, on all found
and set control points. All data shall be collected in and displayed in United States Standard survey feet.
Task 1.2 -Geotechnical Exploration
EAC through its sub consultant shall perform Usual Open Hole tests i.n general accordance with South Florida Water
Management District (SFWMD) testing procedures are required to determine drainage characteristics at the above
referenced site. The results of the exfiltration tests will be utilized to calculate the Hydraulic Conductivity ("K" value)
EAC Consulting, Inc. Palmer Park -Drainage Improvements
Statement of Work (SOW)
Page vi
of the existing soils at the test locations for drainage design purposes. EAC through its sub consultant shall conduct
three (3) exfiltration tests "Usual Open Hole tests" in general accordance with South Florida Water Management
District (SFWMD) to a depth of 15 feet. Materials encountered at the test sites will be identified in the field, from
cuttings brought to the surface by the augering process. Upon 'completion of the field testing procedures and
observation of groundwater levels the boreholes will be backfilled with soil cuttings.
Task 1.3 -Compilation and Review of Physical Site Data, As-built Records and Utility Coordination
EAC shall undertake several services as part of this task -including related those related to investigation,
assessment of existing conditions. The task covers contacting all existing utility owners within the project limits and
request for copies of as built information of their respective facilities located within the project limits. EAC shall
proceed to notify these utility owners of impending proposed design work and request for concerns and potential
conflicts between the proposed work and their respective utilities. The predesign engineering services tasks also
includes review of survey findings, geotechnical findings as well as records received from the City of South Miami.
TASK 2 -DESIGN
EAC shall prepare all design calculations, plans, specifications, and other required deliverables for Project features
based on the guidance provided by the most current version of the South Florida Water Management District's
Design standards as well as regulatory practices acceptable to Miami Dade Regulatory and Environmental
Resources (RER). As the Engineer of Record, EAC shall incorporate the aforementioned guidelines and regulatory
practices into EAC's signed/sealed Plans and Specifications as they relate to their specific use on the Project. EAC
shall identify the design criteria, including codes, to be used for the design.
EAC shall have in-house engineering professionals and construction specialists not directly involved in the design
ofthe facilities perform constructability reviews. The reviews shall focus on the construction to be performed and
the potential for modification of the designs to reduce project costs without affecting quality and intended
performance, allocating risk and minimizing the potential for construction claims and schedule delays. The reviews
shall be performed in parallel with and documented in the required submittals for the Design Process.
Submittals generally shall include, but. not be limited to, the following:
1. Plans and Specifications
2. Design Calculations
3. Engineer's Opinion of Probable Construction Cost
Task 2.1-Conceptual Design
The preliminary conceptual deSign shall be utilized on this project to clarify and define the extent of work and
improvements proposed as part of this improvements. This submittal will comprise primarily of a planometric
concept layout of site features to be repaired, replaced, removed, restored and modified to accommodate the
needed improvements. The purpose of this submittal is to facilitate an understanding of the work required so that
appropriate engineering can commence.
This submittal is intended to refine all prior discussions that have occurred as part of the projectscoping with the
City, establishing the Project components and providing sufficient detail to allow the City / EAC to evaluate the
Project design from a technical perspective and "lock" the proposed project features.
Task 2.2 -60% Design Deliverable
EAC shall progress the recommendations and findings from the conceptual design review to a 60% deliverable
completion level. The 60% Deliverable phase involves providing pertinent design and construction data on plans
and outline specifications. Drawings will be in AutoCAD. Specifications and other required written documents will
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be in Microsoft Word or incorporated within the Plans set. The 60% deliverable plans submittal shall include a
drainage calculation report that provides the basis and justification for proposed infrastructure improveme~ts .
depicted on the 60% Plans. The calculations shall establish conformance with regulatory requirements and shall
detail flood routing.analyses (to establish perimeter berm criteria) specifically requested by the City's Public Works
and Engineering department.
The Submittal shall consist of the following plan sheets at a minimum:
a) Cover Sheet and detailed List of Plans
b) General Not~s, Symbols and Abbreviations
c) Stormwater Pollution Prevention Notes and Details
d) Existing Topography Survey (with Existing Utilities)
e) Horizontal and Vertical Survey Control Plan(s)
f) Demolition, Clearing and Grubbing Plans(s)
g) Site layout Plan(s)
h) Site Geometry Plan(s)
i) Preliminary Site Paving and Grading Plan(s)
j) Paving Sections and Details
k) Preliminary Site Drainage Plan(s}'
To maintain schedule, EAC shall continue working toward completion ofthe Final Plans and Specifications Submittal
during the review period ofthe 60% Deliverable except otherwise notified by the City. All review comments shall
be addressed and incorporated by EAC as part of the Final Plans and Specifications Submittal.
Task 2.3 -100% Design Deliverable
EAC shall progress the recommendations and findings from the 60% deliverable review to a 100% deliverable
completion level. The 100% Deliverable phase involves providing final design calculations (checked), plans,
specifications, opinion of probable construction costs, and applicable documents to satisfy permitting
requirements for the Project features. Drawings will be in AutoCAD. Specifications and other required written
documents will be in Microsoft Word or incorporated within the Plans set.
The Submittalshall.consist of the following plan sheets at a minimum:
a) Cover Sheet and detailed list of Plans
b) General Notes, Symbols and Abbreviations
c) Stormwater Pollution Prevention Notes and Details
d) . Existing Topography Survey (with Existing Utilities)
e) Horizontal and Vertical Survey Control Plan(s)
f) Demolition, Clearing and Grubbing Plans(s)
g) Final Site layout Plan(s)
h) Final Site Geometry Plan(s)
i) Final Site Paving and Grading Plan(s)
j) Final Paving Sections and Details
k) Final Site Drainage Plan(s)
I) Drainage Tabulations, Details & Special Sections (where necessary)
m) Pavement Marking Plans (and signage where necessary)
TASK 3 -PERMITTING AND APPROVALS
EAC shall undertake early permitting coordination at the 60% Deliverable phase to seek early input and acceptance
of design approach from all respective permitting jurisdictions as identified in this scope of services. Various
jurisdictional agencies have technical and non-technical review responsibility for the construction contract
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documents. EAC shall facilitate the process by participating in meetings and discussions with these agencies. Permit
. application fees shall be paid by the consultant for which they shall be reimbursed by the City of South Miami. EAC
shall submit required copies (signed and sealed) to all applicable authorities having jurisdiction for processing and
approval of the 100% Deliverables. EAC shall coordinate the reviews of each of these agencies and' implement
comments provided by these agencies for the purpose of facilitating reviews and obtaining needed approvals and
permits. Once all approvals are obtained, the EAC team shall proceed to updating the 100% Deliverables package
incorporating all revisions and issuing the conformed Issue for Bid (lFBI set.
TASK 4 -BID AND AWARD SUPPORT SERVICES
It is anticipated this will be a publicly advertised project. EAC shall assist the City during the bidding phase by
performing the following services:
i. Attending the pre-bid meeting with the City and prospective bidders.
ii. Responding to bidder's RFl's and Questions.
iii. Issuing addenda and clarification to the construction documents, if requested.
TASK 5 -CONSTRUCTION SUPPORT/ASSISTANCE SERVICES
As requested by the City, EAC shall perform construction administration specialty inspections services according to
the following specifics:
i. Shop Drawing & Submittal Review
ii. Perform three (3) progress construction observations
iii. Perform one (1) substantial construction observation and development of punch list items.
iv. Perform one (1) final completion construction observation and close out of punch list items.
v. Limit RFI Review and Response
All site inspections / observations are limited to a maximum of two (2) hours per visit. Furthermore the Construction
Observations by EAC are limited to observing the work in conformance with the approved construction documents.
The implementation and monitoring of construction safety programs including phasing and maintenance of onsite
and offsite pedestrian and vehicular traffic is the responsibility of the Contractor and is not part of the EAC's Scope
of Services. EAC shall not be held responsible for Contractor's construction means, methods, techniques, sequences
or procedures, or for safety precautions and safety programs connected with the work.
All design deliverables shall include a CD with all the digital content for the project with CAD drawings in DWG
format, and PDF's with the signed and sealed plans, geotechnical report, survey, and drainage calculations.
EXCLUSIONS
The following are completely excluded from EAC's scope of services:
1. Legal, Real Estate and Administrative Services relating to easement acquisition and re-platting.
2. Environmental Engineering Services and Environmental Assessments and or Mitigation.
3. Structural, Traffic Signalization, Maintenance of Traffic, Electrical, Water/Sewer, Mechanical and Plumbing
Engineering Design Services.
4. Architecture, Landscape Architecture & Irrigation Design Services.
5: Community Outreach / Public Involvement Services.
6. Front End Specifications package for Bid Purposes.
7. Full time Construction Resident Services
8. Park Fields Improvements
9. Construction Administration Services, e.g. review & approval of pay requisitions, review of bill of sales, etc.
10. Improvements within FOOT or Miami Dade County R/W or onsite areas beyond those delineated in this
proposal.
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EXHIBIT liB}} -LUMP SUM FEE PROPOSAL BREAKDOWN
PageS
City of South Miami
Professional General Engineering and Architectural Services Agreement PW2016·22
Palmer Park· South Perimeter and Parking Drainage Improvements
Fee Tabulation by Task and Staff Hours