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Res No 166-18-15199RESOlUTION NO.: 166-18-15199 A Resolution authorizing the City Manager to pay EAC Consulting, Inc. to complete professional architecture and engineering layout drawings for restroom facilities renovations at the Gibson- Bethel Community Center. WHEREAS, the City received a Community Development Block Grant (CDBG).award in the amount of $70,846 from Public Housing and Community Development (PHCD) of Miami Dade County. The grant agreement provides funding towards professional architectural layout drawing/plans and construction renovations for the restroom facilities at the Gibson-Bethel Community Center. Additional funding beyond the awarded CDBG funding ($70,846) will be required in order to complete the construction phase of this project; and WHEREAS, staff desires to hire a consultant to complete drawings for the remodeling of the restroom facilities; and WHEREAS, as the next firm listed in the City's rotation, EAC Consulting, Inc. has submitted a proposal to provide architectural and engineering layout drawings and product specifications for interior renovations and ADA improvements to four (4) restroom facilities at the Gibson-Bethel Community Center. The drawings will be used for bidding and construction purposes; and WHEREAS, the total expenditure shall not exceed $35,943. NOW, THEREFORE, BE IT RESOlVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to pay EAC Consulting, Inc. to complete professional architecture and engineering layout plans/drawings for the restroom facilities at the Gibson-Bethel Community Center for an amount not to exceed $35,943. The total expenditure shall be charged to account number 120-3310-572-6550, which has a balance of $70,846 before this request was made. 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 become effective immediately upon adoption. PASSED AND ADOPTED this 4th day of September, 2018. ATTEST: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea City Commission Agenda Item Report Meeting Date: September 4,2018 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: Agenda ~em No:11. A Resolution authorizing the City Manager to pay EAC Consulting, Inc. to complete professional architecture and engineering layout drawings for restroom facilities renovations at the Gibson-Bethel Community Center. 3/5 (City Manager-Parks & Recreation) Suggested Action: Attachments: Memo-Restroom Reno Design (QP1).docx Resolution-Restroom Reno Design (QP).docx EAC Proposal.pdf CDBG Award Resolution 1I004-18-1S036.pdf EAC Resolution #060-17-14861. pdf 1 THE CITY OF PLEASANT LIVING To: FROM: Via: DATE: SUBJECT: BACKGROUND: EXPENSE: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation September 4,2018 Agenda Item No.: __ A Resolution authorizing the City Manager to pay EAC Consulting, Inc .. to complete professional architecture and engineering layout drawings for restroom facilities renovations at the Gibson-Bethel Community Center. The City received a Community Development Block Grant (CDBG) award in the amount of $70,846 from Public Housing and Community Development (PHCD) of Miami Dade County. The grant agreement provides funding towards professional architectural layout drawing/plans and construction renovations for the restroom facilities at the Gibson- Bethel Community Center. Additional funding beyond the awarded CDBG funding ($70,846) will be required in order to complete the construction phase ofthis project. As the next firm listed in the City's rotation, EAC Consulting, Inc. has submitted a proposal to provide architectural and engineering layout drawings and product specifications for interior renovations and ADA improvements to four (4) restroom facilities at the Gibson-Bethel Community Center. Said plans will include drawings showing existing and proposed changes in floor plan, MEP engineering drawings, photographs showing all areas being affected as part of renovations, outline specifications that identify the products and materials to be used, anticipated construction costs, as well as assistance with pre-bid conference(s) and construction administration services. The drawings will be used for bidding and construction purposes. Amount not to exceed $35,943. The total expenditure shall be charged to account number 120-3310-572- 6550, which has a balance of $70,846 before this request was made. Resolution Proposal -EAC Consulting, Inc. CDBG Award Resolution #004-18-15036 EAC Consulting Resolution #060-17-14861 2 September 5,2017 Quentin Pough, CPRP. Director of Parks and Recreation City of South Miami 5800 SW 66 th Street South Miami. FL 33143 E 1\., . ./1 -.. -EAC Consulting. Inc. Re: Professional General Engineering and Architectural Services Agreement RFQ PW2016-22 Gibson-Bethel Community Center Restroom Facilities Renovations and ADA Improvements EAC Consulting, Inc, respectfully submits this architectural/engineering (A/E) services fee proposal to provide architectural layout drawings and product specifications for interior renovations and ADA improvements to four (4) restroom facilities at the Gibson-Bethel Community Center located at 5800 SW 66 th Street, South Miami, FL, 33143, The renovation and !)DA scope of work involves approximately 1,315 square feet of toilet and/or shower/locker environment. The AlE will develop design drawings and finishes board for city review and approval prior to commencing preparation of construction documents, The drawings will be used for bidding and con.c;truction purposes. Our services on this project will be performed by our architectural/engineering sub consultant: • MCHarry Associates -Architecture Planning Our scope of services is itemized as follows: 1. Design drawings and A/E construction documents including demolition plans; floor plans; ceiling plans; interior wall elevations; finish schedule; and fixture schedules; 2. Construction Documents will contain technical specifications for products and materials used as part of the renovation; 3. Remove and replace existing floor and wall tile throughout; 4, Remove and replace existing lockers in second floor restrooms; 5, Remove and replace toilets and urinal fixtures with new units, including hand-free proximity sensor valve operation and one-touch override flush buttons; 6, Remove and replace lavatories with new units, including hand-free proximity sensor valve operation; 7, Remove and replace access panels and catch trap covers with corrosion resistant assemblies; 8, Remove and replace shower plumbing fixtures; 9, Remove and replace Toilet Partitions throughout; 10, Remove and replace Toilet Accessories throughout (SST mirrors, toilet paper and liquid soap dispensers, sanitary napkin disposals, robe hooks, grab bars, shower seats, trash receptacles, shower curtains, shower soap holders, baby changing tables; and electric hand 'dryers; 11, Remove and replace three (3) electric water coolers with new units (Bi-Level Versacooler II w/ Sports Bottle Filler); 12. Patch and Paint interior surfaces as necessary; 13, Remove and replace floor drain screens; 14, Remove and replace all exhaust fans and grilles and A/C diffusers, 5959 BLUE LAGOON DRIVE SUITE 41C MIAMI, FL 33126 305.265.5400 eacconsult.com 4 Assumptions and Exclusions • This scope anticipates reuse of existing plumbing sanitary riser and water line infrastructure and does not anticipate improvements or modifications to existing utilities. • This scope does not include improvements to the HVAC or lighting systems, as none are anticipated. • No Civil Engineering related services are included in this proposal • Permitting is assumed to be with the City of South Miami's building department ONLY. • limited bid assistance as stated in this proposal means that responses will be provided to any questions that the contractor may have during the bid phase. No services related to the preparation of b',d documents, bid analysis or contractor selection are included in this fee proposal. • Construction Administration Services is limited to a maximum of 16 weeks. A supplemental may be required for a longer construction period. COMPENSATION: The fees for professional services was developed in accordance with the billing rates 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 A" also attached to this professional engineering services fee proposal. Miscellaneous Expenses NTE PROPOSED SCHEDULE We are proposing the following schedule to complete the services identified In the scope: 1 No Professional Services on the port of the EAC team will be performed during these tasks Page 2 5 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 with services. We look forward to our continued services to the City of South Miami. Sincerely, EAC Consulting, Inc. <:-=~ ~4-~~d) ~"------, Huntley Higgins, P.E. Water Services Department Manager Page 3 6 EXHIBIT "An -FEE PROPOSAL BREAKDOWN 7 Page 4 . . ..... I • : ..••.• "j ... 'h.· rask . '. '" '.i':·,.c~. .. Site Visit & Scope Verification 50% Construction Documents 100& Construction Documents & Permitting 4 Bidding ASSistance Construction Administration Total Hours 15/13/2015 00 City of South Miami Professional General Engineering and Architectural Services Agreement PW2016-22 Bethel Gibson Community Center Restrooms Renovation Fee Tabulation by Task and Staff Hours -EAC Ca:nsultjl'lg. ,Inc."' .•• . MCH.rry',,,,,iat~, In~ ". ~ ·',.·,':1t: ,Principal "s~t~r!,!:~J~ .<>::~fo~~: -. .' ''','" ,', -. w A', .', .~ __ , __ '-' ",'d' _ __ , --~':.;; __ ~0? 2:,;:"p{p~eff'?+~;,:' ~;:f:!~i~;<, ;fr,~J~·; -'f;;~~~~;t~ '~--{~ -"'."", ,:~' /M.llriiieer.:' ,j' ;1E'oiineei,l ::' /~:> ':, ,>--::";'-'~ -':'t:~~~-":-:,--.~~;r';' ::',U~~}_-' .... := .. ' :{~~t':~~ :1." ' ..... .',' ;, .. : ' ' ..... ' .. i:, $181-46 -' -., ::$-3.'19:66>.' ';'$i07.80';:' $45:00/' ::;;;'$1'90:00:;;1/ /. ;$150m;'> ;\'/$150'-00"1,:-,11'$l2b:OO:" . "$120:00 '7"":'$90;00 :,:: ~ $90.00"" .~ . 10 40 B ',58, 2D 60 32 .112 8 '" 8 32 ,-- 10 32 50 0 50 0 0 0 19 3 132 56 0 0 " ,260 $8,983.00 $25,860.00 '," '; taborSubtotal REIMBURSABLE ALLOWANCES Miscelidneous Expenses (EAC) Miscellaneous E;.rpenses (McHdrry) Total ReimbuTS<lbles I GRAND TOTAL -----.~-,-- .)'c' , ··,"Fe" .' $1,259.32 $7,556.60 $14,633.20 $4,797.28 $6,596.60 $34,843.00 $1,000.00 $100.00 $1,100.00 $35,943.00 EXHIBIT "B" -SUBCONSULTANT FEE PROPOSAL 9 Page 5 Auqust 10. 2018 Ms. Donna Grace Senior Project Manager EAC Consulting Engineers MCHany Associates, Inc 2780 SW Douglas Road Miami, Florida 33133 305-445-3765 Re City of South Miami -Bethel Gibson Community Center Restroom Renovations and ADA Improvements Dear Ms. Grace: We are pleased to present our fee proposal for AE services related to the interior renovations and ADA Improvements to four toilet rooms at the City of South Miami's Gibson-Bethel Community Center. Renovation and ADA scope of work involves approximately 1,315 square feet oftoilet and/or shower/locker environment. The A/E will develop design drawings and finishes boards for city review and approval prior to commencing construction doucments. We understand the scope of improvements to be as follows: 1. Design drawings and A/E construction documents including demolition plans; floor plans; ceiling plans; interior wall elevations; finish schedule; and fixture schedules; 2. Construction Documents will contain technical specifications for products and materials used as part of the renovation; 3. Remove and replace existing floor and wall tile throughout; 4. Remove and replace existing lockers in second floor rest rooms ; 5. Remove and replace toilets and urinal fixtures with new units, including hand-free proximity sensor valve operation and one-touch override flush buttons; 6. Remove and replace lavatories with new units, including hand-free proximity sensor valve operation; 7. Remove and replace access panels and catch trap covers with corrosion resistant assemblies; 9. Remove and replace shower plumbing fixtures; 10. Remove and replace Toilet Partitions throughout; 11. Remove and replace Toilet Accessories througout {SST mirrors, toilet paper and liquid soap dispensers, sanitary napking disposals, robe hooks, grab bars, shower seats, trash receptacles, shower curtains, shower soap holders, baby changing tables; and electric hand dryers; 12. Remove and replace three {3) electric water coolers with new units {Bi-Level Versacooler II w/ Sports Bottle Filler); 13. Patch and Paint interior surfaces as necessary; 14. Remove and replace floor drain screens; 15. Remove and replace all exhaust fans and grilles and A/C diffusers. The scope does not include any improvements to existing plumbing risers, water and sewer infrastructure, lighting systems, or the HVAC system. We have completed a rough order of magnitude construction cost estimate and believe that an initial budget of $220,000 would be appropriate. We anticipate a maximum of 16 weeks of construction phase services through substantial completion and project closeout. I Approx. Time Frame (in weeks) I Task IArchitectural Structural Englneermg IMEP Engineering Landscape Arch Sub-Total Fee $$ OTHER SERVICES ITotal Lump Sum Fee Thomas Carlson, AlA Principal MC Harry & ASSOCiates I Total hours & fee I I 148 H"II $18,690 Fee , .,' o Hrs $0 Fee 56 $7,170 0 $0 $ 25,860 1 2 Site VISI\& Scope Daslgrl Venflcatlon Documents 3 40 $450 $4.800 o o $0 $0 3 8 $450 $960 0 0 $900 $5,760 348% 22.27% 4 4 16 100% Construction Bid & Award Construction Documents + Assistance Admin Permit 60 16 32 $7,200 $2,400 $3,840 72% o o o $0 $0 $0 32 8 8 $3,840 $960 $960 28% 0 0 0 $11,040 $3,360 $4,800 4269% 12,99%, 1856% $ 25,860 100% Reimbursable Ex enses 100 $ 25,960 I 12% 10 August 10, 2018 City of South Miami -Bethel Gibson Community Center Restroom Renovations and ADA Improvements , 0- r (0 11 HESOLl.rno:\ (\;0. ·004 -1§-150 36 A Resolution authorizing the Cit), Manager to execute the IfY2017 Communi!)' Ocvelopmcnt Block Grant (CDRG) Agreement with '1i3mi- Hade COllnt} for the City of South l\1iamiGibson-Rcthc1ConllnulIiry Cellier Rcstrooms Rellovatiolll'rojcct wmm.EAS, tbe City of SO\lth Miami was awarded a grant for tbe City (;f South Miami Gibson-Bethel Community Centcr Restrooms Rcno\"a(ion Project from Miami-Dade County, by and through its Office of Gmnls Coordination, in the amount of approximately $70,846 with an expiration date of September 30, 2019; and WHEREAS, the Gibson-Bethel rcstrooms need renovation and the project cost is approximately $129,000: and WHEREAS, tbe City will contribute in an amount of approximately $58,154 from its approved 2018 Budget crp Accounts: Gibson-Bethel Community Center Improvemellts Account No. 301-2020-572-6459 with a current balance of $83,085 with the amount of $10,000; and the Citywide Parks '<laster Plan Improvements Account No. 30\-2000-572-6450 with a current balancc 0[$618,161 on the amount of$48,154; and WIlEREA$,theMaYBrandEi t I'CollunissiQ!lauthorizcthe Citv \~allagcrtoe~eb\1te the Ciil11tl1tlnhY·. De\lelOPl11elt!131b.CkG~~~lt. (CDBG). agr\~en!en( with ~1 ianl] :1'5ad~Co\lljty'~ .() (rtce~) f UnlJllsroorciirtation aticlacceplthcfundingamOl)1llo[ approxilnatclycS70,846 for tlje Cilyof South MiamiGibson-~ctljel G¢nllluinity Center RestroomsRcnovati(mProject. NOW, TIIERl~fORE, m; liT HESOILVED IlY TillE MAYOR AND CITY COMMJSSWN OlF "fmc cnv Of SOUTH MIAMI, )!<'lonu)A THAT: Section 1: The City Manager is hereby authorized to execute 1he CDBe; agreement with Miami-Dade County's Offiee of Grants Coordination for the South Miami Gibson-Belhel Community Center Restrooll1s Renovation Project, with an expiration date of September 30, 2019 and accept the fnnding amount of approximately of $70,846. The grant agreement is attached to this resolution. Section 2: Severability. If any section dause, sentence, or phrase of this resolution is for any reason held invalid or ullconstitutional by a court of competent jurisdiction, the holding shall not affect tIle validity of the remaining portions of this resolution. Section 3: This resolution shall be effective immediately after the adoption hereof. PASSED AKD ADOPTED Ihis~da)' of;) anuiiry~~, 20 JR. ATTEST: APPROVED: .,j) f,!\;i,.~(:';·s!,<;~j~} .. CITY CLERK \1A YOR /.')1) 0':; I) 3/ I IX)!') 0< ,_, '>_) '"" .I (~ / ,,? () .3.:)! 0 -5' '/ '(;C ?S SD ) Bueno, Angelita From: Sent: To: Cc: subject: Pepe, Thomas F. Tuesday, January 02,201810:46 AM Bueno, A.ngelica Shari Kamali; Tompkins, Jane RE: CDBG -G-Bethel Contract & Resolution I approve ofthe resolution and grant agreement attached to your email as to form and legality which will require 3 votes to be adopted. Please make sure that you comply with the grant "Subcontracts" provision and incorporate the provision of the grant in all contracts for any of the work, including the contract with any consultant, i.e., architect, engineer, etc. See the following: Subcontracts and Assignments 1. Unless otherwise specified in th is Agreement, the Awa rdee shall (lot subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634- 93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: B. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUO's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties list System to confirm clearance of I contractors. The system may be accessed at hllps;f/www.sam.crovi Awardee shall provide to PHCD a copy of the site page that indicates the name and the date it w:as checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami-Dade County's debarred Contractor's list; Awardee shall, at a minimum, check at http://www.miamidadedovismallbusinessibusinessdevelopment-reports.asp to determine if a person or entity is on Miami-Dade County's debarred contractor's list. Awardee shalf provide PHCD with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with all CDSG requirements, as applicable, as well as the regulations specified in PH CD's Policies and Procedures Manual. c. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or PH CD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by PHCD, set forth in this Agreement. PHCD shall in its sale discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to PHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by PHCD prior to the assignment or award of subcontract. The Awardee agrees that no assignment or sub-contract win be made or let in connection with the Agreement without the prior written approval of PHCD, which approval shall not be unreasonably withheld, and that all such sub·contractors or assignees shall be governed by the terms and intent of this Agreement. Incorporate the language of Attachment E, "Certification Regarding Lobbying." . h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the i subcontract and has no obligation to the subcontractor. The Awardee shall maintain, and shall require that its subcontractors and 5uppllers maintain, complete and accurate records to s.ubstantiate compliance with the 13 ) Resolution Number: R-1046·17 Duns Number: 24628976 Awarded Amount: $70,846.03 CDBG 2017 Non-Profit FY 2017 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami-Oade County, a political subdivision of ,the State of Florida, hereinafter referred to as "County" and City of South Miami, hereinafter referred to as "Awardee" and having offices at, 6130 Sunset Drive, South Miami. FL 33143, and telephone number of (305) 668-2510 states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community Developmenthereinafier referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 141h Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health an.d welfare of the residents throughout the County a; and WHEREAS, the Community Development Bfock Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting.the development of viable urban communities; and WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and ) • WHEREAS. the County has appropriated CDBG funds (plus any Program Income awarded by the Board of County Commissioners, which may be added to the Contract by Amendment) to the Activity Renovation of Gibson Bethel Community Center located at, :5800 SW 66 Street South Miami FL 33143. AU CDBG funds, except those awarded to County Departments and mLJnicipalties, are awarded in the form of a loan that is forgivable if lhe national obiective is met pursuant to the terms and conditions set forth herein, including but not limited to Section 11, W(2)(a)(1)- (2); and WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of Services", in Miami-Dade County or the focus area(s) ofthe county. NOW, ther~fore, in consideration of the mutual covenants recorded ~erein, the parties hereto agree as follows: EFFECTIVE TERM OF AGREEMENT: AMOUNT OF AGREEMENT: I. DEFINITIONS PHCD 24 CFR Part 570 -CDSG Regulations Awardee This Agreement shall begin on October i. 2017. "This Agreement shall expire on September 3~. 2019. Subject to the availability of funds, the amount of funds which may be disburse, in accordance with this Agreement, may not exceed $70.846.03. Public Housing and Community Oevelopmentor its successor Department. Federal regulations implementing ntle 1 of the Housing and Community Development Act of 1974, as amended -Community Development Block Grant. Recipient of CDBG funds from Miami-Dade County. Page 1 14 M!.AMI._ ... OE. ~iiiiiI February 6, 2018 Ms. AngelicA Bueno Planning and Sustain ability Administrator City of South Miami Plannipg Department 6130 Sunset Drive South Miami, Fl,. 33143 Public Housing and Community Development 701 NW 1st Court, 14th Floor . Miami, FL 33136-3914 T 786-469,2100 ·F 786-469"2236 mlamidade.gov Re: FY2017 Comtnunity Development Block Grant (CDBG) ContraQtin the amount of .$tOlall:6;03>for'theRllnovl!tion of·GibsonBE!tIWI.C.o!),\munity·Center Dear Ms. Bueno: Enclosed is an executed copy of the FY 2017 Cemmunity Develepment Bleck Grant (CDBG) Centract between Miami-Dade County (MDC) and the City .of Seuth Miami fer the Renevationof Gibson Bethel Community Center preject. the effective term .of this agreement is frem October 1, 2017 through Septllmber 30, 2Q19. Your staff must ensure that PHCD receives all reports and ether required documents identified in the contract by the required deadlines to avoid suspension of funds. If you have any questions, please contact meat 786,469-2220. Sincerely, ~~r~~ Letitia S. Goodson Project Manager Enclosure cc: Contract file 15 I I I I ) THEREOF, the parties hereto have caused this contract to be executed b'Y their undersigned officials as duly this ___ day of ____ 2017 soulh Miami ~,,~'.- .. ".---::"'7 ./' , ~~/~--------BY: ~~~ /' /J-------: BY: NAME .:5lhY(;-!2 i:{ c!fJL"/it;'< /.4l TITLE: DATE: BY NAME TITLE: DATE: ()i/Z; /0!y,.>J:tJ.I" __ _ \/ V ! -; l-t J"-'--_____ _ " , ; ~; :vlaria M, Menendez /.' ":~' ,'l t, ! ~'" "," __ " ___ ~_='---L........;;......-..,:;.-::.._,_ . -' ;,... , .. ;- '---i--;-~--' --------, Witnesses:~ BY: _, (Signal e) ~;;a~; It,!,-, _~9~~ __ (Signature) (~;;~~ ~e~ BY: Type or Print Name'" Federal 10 Number: 59-6000431 Resolution #: R-1046-17 Awardee's fiscal Year Ending Date: Sep1ember 30 th CORPORATE SEAL NAME: TITLE: DATE: ATIEST BY: Page 43 _C_ar_lo~_A_. 9imen"'e"z ________ , ___ Mayo~ __ , __ " ____ _ , i -', ' \ I . ;. '""-j \' I j J ,.,.J --1...: --~'-- 16 ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2017 Scope of Services October 1, 2017 ihrougb September 30, 2019 Agency Name: City of South Miami ~~~~~~~~~----~~~~~~~~~~~~--~~---------- 1. -ACTIVITY TITLE: !DIS #: RESOLUTfON iI: DUNS #: z. -ACTIViTY DESCRIPTION: 3. 4. 2a -Acti'llity Category: . 2b. -Objective' 2c. -Outcome: -APPROVED BY BCC: Other Funding Source and AmOWlt: -FYlOI7 FUNDINGREQllESIED: 5. -llIOD INFORMATION: ) 5a -BUD matrix code: 5b. -HVD Activity Type: Sc, -HOD National Citation 6. -ACCOMPLISHMENTS: 6a·-Number of Units: 6b. -Type: 7. -NATiONAL OBJECTIVE: Tolal # of Lowf}..1od in Service Area: Census Tract: Block Group: 8. -ACTIVITY ADDRESS: 9. . LOCATiON: l'-;'RSA (Activity located in): District (Activity located in): Rchabilition ofGibson-Be1hcl Community Center Bathrooms THD R-I046-17 Rehabilitation ()[ restrooms alia other facilities f()( Gibson-Bethel Community Cent~.c'""",,~~~_~c-_ Public Facilities/Capital Improvement Sustainable Living Environment A vaiJabilityl Accessibility --~-------.-- Amount: $70,846.03 Source: CDBG FY 17 (CPF ]}istrict 7 allocation) $58,154 $129,000.03 03F -Parks, Recreational Facilities LMA 570.238(a)(1 ) 1 Public Facility 1615 76.03 5800 SW 66(1\ Street, South Miami 33143 South Miami 7 10. -LABOR STANDARD applicable ...:.:N:cIA-'-______________________ _ TyPe of Work: I8l Building 0 Residential o Highway o Heavy 11. Set aside units different from total units 12. i!NSURANCE REQUIREMENTS: Project Manager: Letitia Goodson Worker's Compensation Insurance, Commercial General Liability Insurance, Auto mobility Liability Insurance and Professional LiabililY Insurance. See Attachment for det.ailed re uirements. 17 £QNSTJ;lUCTION BUDGET FOR CDBG FUNDS ATTACHMENT B ,'I",';' ;',-,,' I,"" FY 20117 CDBG -Brewew Park October'1. 2017 tltru September 30, 2019 BUDGET SUMMARY ~MO' omoo,,~, . -- . co,l!> . NON·PHCD TOTAL FUNDING -------------f----.-.. -.--- ;> :"0frsonne, $ -. $ 3,936.00 $ 3,936_00 \, -j 2. Contractual SelVices $ . 3. Operating Expenses $ . $ - 4. Commodlties $ -$ - . 5, C;apitaIOu[iay $ . 70,846,03 $ 54,218,00 $ 125,064,03 -'-~'~--,,"-.'--" -FY 17 -CDBG $ 70,846_03 $ 58,154,00 $ 129,OOO:~ FUNDING SOURCES: CDBG Grant $ 70,846,03 City's Contribution Total _$~_,.:5:,:B,-:.154.00 $ 129,000.03 18 SUB QJl}ECT ATTACHMENT S CONSTRUCTION BUDGET FOR CDBG FUNPS Gibson-Bethel Community Center -Restrooms Renovation City of South Miami COSG FY 2017 October 1, 2017 thru September 30,2019 DESCRIPTION PHCD CITY'S TOTALAMT coM; AMOUNT CONTRIBUTION 01 Personnel Project Manager $ $ 3,280.00 $ 3,280.00 FICNMICA $ $ 656.00 $ 656.00 Total Personnel $ $ 3,936.00 $ '--'T9~ 90 Capital Outlay Envlronrnenlal S $ $ Site Preparal.ion $ $ $ Property Taxes $ $ $ Building Permits $ $ $ !)rawtngs ,.Coqslruction, and Inslallalion $ 7~.816.03 . $ 54,218.00 $ 125,064.C) lmp~cl Fees $ $ Total Capital Oul!ay $ 70,846.03 $ 54,218.00 $ '-125,0~ TOTALS $ 70,84£.03 $ 58,154,00 $ 129,000.03 FUNDING SOURCES; COBGG,anl $70,846.03 g!y's contribution $58,154.00 Total $129,000.03 19 RESOLUTION NO: 060-1'7 -14861 A Resolution authorizing the City Manager to enter into a multi-year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. WHEREAS, the City solicited a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services on an as needed basis; and WHEREAS, the professional services are required on an as needed basis and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act;" and WHEREAS, a Selection Committee comprised of City staff, reviewed the proposals received and identified a short list of respondents for further review; and WHEREAS, the short list of respondents were interviewed by the Selection Committee and subsequently scored and ranked; and WHEREAS, according to the terms and scope of services in the RFQ. the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements to fulfill the City's needs and meet the requirements for quick response and specialized services; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. WHEREAS, the ProfeSSional Service Agreement with the firms shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into non-exclusive multi-year contracts with the firms for professional and general engineering services on an as needed and on a rotation baSis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act" and shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. A copy of the contract is attached. 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 Page 1 of 2 20 Res. No. 060-17-14861 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 enactment. PASSED AND ADOPTED this 2!.. day of March, 2017. ATTEST: APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of2 21 ~X[}lJiIfbDIJ m 1¥'~©Il'Il!$~O©IiI!&"1. ~l!1~'\'l'OI\:l!1 A11ll1lMl1E1i"il1E1Nl1r "i?roff0$$io""i IG .. "",tralt &;l'Og[""lIriU'l8 and ~.~M~<adt"...s ili",,,,,lc"$" ~fi'Q il!ll'W~@ I ~.~~ '1)\ .. i-!'\ ,,\2.<\\ n THIS AGREEMENT made and entered i~to this ~ day of frecemBer-. 20l{i. by mnd 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 BAC Consulting. Inc. who is 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 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 eltelusive 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. 1.2 The CITY agrees ~hat 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 upon written request of the CONSULTANT. 2,0 Scope of Servjces. The CONSULTANT shall perform the work as set/onb in the SCQP? of Services as described In the Notice to Proceed. 3.0 Time for Completion 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 fulfliling 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 detennined by one of the following methods or a combination thereof. as mutually agreed upon by the CITY and the CONSULTANT. o 4.1 A fIXed sum: The fee for a task or a scope of work may be a filted sum as mutually agreed upon by the 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 AITJlCMMEIillT A: 4.2 Hourly rate fee; If there Is no filled 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 Thomas F. Pepo 10I131l01~ Page ill oU~ 22 wages, benefits, overhead and profit and that shall be In writing, signed by the CONSULTANT and the Cit)! Manager and attached hereto OilS fil IT I.f.:IHIMIENT #I. 5.0 Payment and Partjal Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for ali authorized WORK performed during the previous calendar month as sat forth in tha schedule of payment as sat forth in AITIllCIHIMEINIV .iii or, if no schedule of payment althibit Is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's 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 $hall decide all questions, difficulties and disputes of whatever nature which may arise undar or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, qUi!lIlt)!, amount and value. The representative's decisions upon all claims, questions, and disputes shiln be final, conclusive and binding upon the parties unless such determination Is c1e~riy arbitrary or unreasonable. In the event that tile CONSULTANT does not concur In the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objectlonsto the City Manager and sh,,11 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. 8.0 Audit Rights. The CITY reserves the right to audit the records 01 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 Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for categoi')! four, the CONSUL l' ANl' shall execute a truth-in-negoti~tion certificate stating that wage rates and other 1actual 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 Cit)! determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit com. 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 CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's 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 aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies tl? any sub-CONSULTANTs used by the CONSUL TAN} as well. The CITY reserves the right at its discretion, but does not assume the obligation. T~omu !F. ~epe 10I131a016 Page ~~ of ,.,. 23 to require !,roof of valid citizenship or. in the alternative. proof 01 a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the C!TY 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 .. J2.0Warranty. 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. 13.0Termlnatlon. It is expressly understood lind agreed that the CITY may terminate this AGREEEMENT for any reason or no reason lind 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 ~he dme of termination. Upon termination. the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Thrm. This AGREEMENT shall remain in force until the end of the term. which Includes all authorized renewals. or unless otherwise terminated by the C!TY. The term of this agreement is three (3) years from the Issuance of the Notice to Proceed and one two· year option-to renew. The option to renew is at the discretion off 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 following 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 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 COSIS and leglll fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in tlITJiJC~MIEN7I' 8 to this AGREEMENT. 17.0 Agreement Not Exclyslve. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSUL rANTS to perform the same or similar services. 18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be govemed 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 Public 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~mlU f. Pepe 1001JIlGI~ Poge U ofM 24 AGREEMENT. 19.0 lll;.§. CONSULTANT shall be responsible for payment of ail federal, state, andlor local taltes related to the Work, inclusive of sales tax if ~pplicable. 20.0 Drug Free Workplace. CONSlIl TANT shall compiy with CITY's Drug Free Wou-kplace policy which is made a part of this AGREEMENT by reference. . 21.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein sh~1I be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT ~grees to provide its services during the term of this AGREEMENT in accordance with all appiJcable 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 Licenses and Certifications. CONSULTANT shall secure all necessary business and profeSSional licenses at its sole e)(pense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the . entire agreement of the parties. incorp·orates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, 'Written or oral. This AGREEMENT may not be modl~ed or aMllnded e)(cept in writing, signed by both parties hereto. This AG~EIEMIENT shall be binding upon and inure to the benefit of the City of South MiaMi and CONSUl. 'f ANT 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, shall 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 amendmenuo this AGRlEEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 lury Trjal. CiTY ami CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury In State or federal COUrt proceedings in respect to any action, proceeding. 1000wsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 validity of Executed Copies. This AGRlEEMENT may be executed in several counterparts, each of which shall be construed as ~n original. 27.0 Rules of fnterwetation: 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 jlnd plural words substituted for singular wherever applicable. 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall. to any e)(tent, 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 Contract 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 construed in any way as a limitation of, any rlgllts and remedies available at law or in equity. by special guarantee or by other provisions of the Contract Documents, if any. or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to It in this Thom8£ f. Peplil 101131J016 Page ~~ ol~' 25 AGREEMENT. or exi£ting in I~w or In equity, it shall not be nec~ssary to give notice. other than such notice as maybe herein ellpressly required. No remedy conferred upon or reserved to any party hereto. or elCisting at law or In equity. shall be elCciusive of any other available remedy or remedies, but each and every such remedy shall be cumuladve and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or In equity. No delay or omission to elCercise 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 sllch right and power may be elCercised from time to time as ohen as may be deemed expedient. 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in elCercising 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 t~is 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 ~nd enforceable if in writing and duly elCecuted by each of the parties to this AGREEMENT. Any waiver of any term. condition or provision of this AGRI:EMENT will not constitute a waiver of any other term. condition or provision hereof. nor will a waiver of any breach of <lny term. condition or provision constitute a waiver of ~ny subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any p<lrticular breach or default shall not act as a waiver of any subsequent breach or default. 3 I .0 No Discrimination and Eqyal 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, color. ethnlclty. national origin. religion, age, sel(, familial status. marital status. ethniclty. sexual orientation or physical or mental 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 federal regulations regarding employment eligibility and employment practices In general. Thus. all indiViduals and entities seeking to do work for the CITY are elCpected to comply with all 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 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida. with elCcluslve venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County. Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been elCecuted 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 ellecution by the last party so executlng it or if City Commission approval Is reqUired by the Clty's Charter. then the date of approval by City Commission. whichever is later. 34.0 Third Party Beneficiary. It Is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thom8!l f. Papa 11111311016 "'ge $$ of ~!l> 26 anyone other than the parties hereto, and that only the parties hereto shmll 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 effectLazte the intent and purposes of this AGREEMENT. 36.0 Time of Essen~e. Time is of the essence of this AGREEMENT. 37.0 Imerorelatlon. 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 il 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 Subcontracting;. If allowed by this AGR~EMENT. the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as It is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their ~greements, If allowed by this AGREEMENT, must be approved by the C~TY. lhe CONSULTANT shllil 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 AGREI:MIENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all 01 i~ subcontractors are required to comply with the public records law (5.119.0701) wllile providing goods and/or 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, CONSUL rANT and its subcontractors are specifically required to: (a) Keep ancQ maintain public records required by the public ~genC)! to perform the service; (b) Upon request from the public agency's custodi~n of public records, provide the public agency with a copy 01 the requested records or ~lIow 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 3$ 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 service. 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 public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Olfl il'G-lIl!: <1::@~il'IM\.<1::il'@m\ IloOA$ ~1UI1i:~il'O@~~ !R[i@,II,Il\\[(l)!Nl@ 'lI'i-i11il AI"I"!.U<1::A'lI'O@1Ni ©II' CIloOAi?'il'~~ II R~. 1l'1!..@~e[(l)A ~lfA1"IUI1"I1ili15. 1"10 TIloOIil <bl\jJNlTM<1::1"©IR\'!S !)IUITIT T@ fP'1i'll(idlWll[(l)!E II'lUImll!..O<1:: 1l(l1!:i6@lR\iI»i15 Il\lIliU ,UNl((l) ,10 "IJ'Hii15 <1::©INI"II'M<CIf. <1::©Nl"ll'A<1::T TIHIil <1::Yili'll'©IlliIAINI (idlll' 1Il'1UI@Il..Oi6 1R\1!:<1::@IR\[(j)i1,\ Ail' :lI!lI~·"'6l>l·"'34@; !!i·mIliB: mIJ1J1ISUi"'lJIldlSx@$(I)}III~!lmoil\l!l1il!fII.!l:(I)}v; 6l> H J@ $lIIii$lS~ I(j)e-lVI!. ~IllM~1Iu lMloi!IMl. IFIl.. 313 a o\lJl. 41.0 Notices. Whenever notice shall be "required or permitted herein, It shall be Thomms fP. lPepe IOIlJI10I~ Page S~ 01 &§ 27 delivered by hand delivery, a-mail (or similar electronic transmission). facsimile transmission or certified mali, with return receipt requested and shall be deemed delivered on the date shown on the a-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 unclaimed. 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-mail) or facsimile transmission nu'mbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 fID(: (lOS) 663-6345 E-mail: salellander@southmiamiil.gov City Attorney (,! 30 Sunset Dr. South Miami. fI. 33143 rei: (lOS) 667·1%4 fall: (305) 34 i -0584 E-mail: tpepe@southmiamill.~ov 42.0 Cor&ol"jlte AuthoriW: rhe CONSULU ANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and i~ representative have, and have ellercised. the required co'lJlorate power and that they have complied with all applicable legal requirements necessary to adopt, ellecute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly 2l<ecuted and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSUL rANT hereunder, and constltlltes a valid and binding obligation enforceable In accordance with its terms, conditions and provisions. O~ WOIF6>ilIlOiii:i> WIHII§~I!<©!I'. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thom&! F. Pa~ eO/U11GI~ C©!i'(l$' "'~ By: .,~-::::=-",.--.,.- Michael Adeife. P.E. Steven Ale><ander City Manager 28 Read and Approved ai to form, I.angUiI$l8. legality and Executfon thereof: /<cr , .//~) By:J???a'-:Y'tJ'r' Thomas F. I'epe, Esq. City Attorney 1fhaml!§~. Pape 10111/10" 29 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 #PW2017-22 Dear Mr. Kulick, EAC Consulting, Inc. received the City of South Miami's (City) Be.nchmark Wage Rate Summary for the above-referenced contract. We understand thet 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 (9S4) 714-2007. Sincerely, EAC Consulting, Inc. <-x~;/ IlZJ~W~' -vonna 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, Suile 402 [Miami, FL 33126 IPhone: 305-264-2557 IFax: 305-264-8363 [www.eacconsult.com [CA# 7011 30 ATTACHMENT A "COMPENSATKON" !PROFESSHONAL SElRVICE AGREEMENT CKTV OF SOUTH MRAMll "Professio""U General Engineering and Archilectural Services" lRlFQ #PW2016-22 The rees for professional services for the Work shall be in accordance with the following billing rates for EAC Consulting, Inc. and sub consultants. Hourly rates include all wages, benefits, overhead and profit Direct Expenses (Reimbursables) shall include 5% markup Billing Rates shall be subject to yearly escalation of 3.5%, SALAlRY COSTS Category Soutlll Miami Benchmark EAC Revised Pmposed Hourly Rate lilowdv Billing JR.lIltes Principal $180.00 $181.46 Sr. Proiect~anager $150,00 $179,66 Project Manager $130.00 $171.58 Senior Engineer $125.00 $148.22 Senior Planner $125,00 $134.75 Planner $85,00 $103.31 Senior Traffic Engineer $125.00 $134.75 Traffic Engineer $85.00 $103.31 Senior DesignerlEngineer $90,00 $107.80 Designer $80.00 $85.34 Engineer Intern $75.00 $75.00 Senior CADD Technician $75.00 $80.85 CADD Technician $65.00 $76.36 GIS Technician $80.00 $80.00 Senior Construction Inspector $90.00 $97.02 Construction Inspector $75.00 $90.73 Senior Landscape Architect $125.00 $134.75 Landscape Architect $115.00 $115.00 -c Landscape Architect Intern $70.00 $71.86 Arborist $75.00 $85.34 Utility Coordinator $90,00 $90.00 Surveyor / ~apper $85.00 $107.80 Survey Technician $60.00 $76.36 EAC Consulting, n"e. City of South Miami RJFQ #PW2016-22 31 SAJLARY COSTS Category Soutb Miami Benchmark EAC Revised! Proposed lHIourly Rate lHIourly Billin!! 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 Dale EAC Cons"liing, TInc. City of Soulll Miami RFQ #PW2016-22 32 ua, !iI' III 1'1f.\~.\toiIIlYI.';'; ADDENDUM VO P~O~IESSiONAL $ERViCE AGi'lEEMENf "Prol.oslonal General EnSine,rlng and Archll.Clural Se,vl<os" RFQ NPW2016·21 . The City and CONSULTANT agree that a separate rotational lisl will be dedicated for work performed under a continuing professional service conlract, as specified In the Scope of Services, for "Certified Arborlsts Services," and a separate rotationallisl will be established for all CCNA professional services. "Certified Arborlsls Services" Is defined as: o Certlfled A,borls~ S"",k"" Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined In Section 20·4.5.1 of the City's land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to t~e maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" wlll rotate every three (3) months among the CONSULTANTS. The City Intends to retaIn a maximum of four (4) qualified firms under four (4) separate but S~II~~~al Services Agreements. CONS~/.i~ ~/ z~"---.--.--.. 2,--_°-1 ~_:m_I __ _ B B ~ y: .. ' y: --7?""-'~------ .. ;~ Alexander, City Manager / 3/30/2017 (Name of Signatory) Read and Approved as to Form, language, Legality and Execution thereof: By: __ ~~/::;~~~:;~-:<~-:y~~;~~;~~,. Thomas F. Pcpe, City Attorney 33 &, 1I"T tlll«:: H M IE rNJ l' l$ D!I'I!§UIl,LArNJCIE i1r DNDIEIMINDlFiCAT!ON If!lIEIQ?UmIEMIENl'§ PROFE§§IONAi. SERVICE AGR~EMENr 1.0 I 0 Insurance "Profession2l1 General ~ngineerjng and Arc~itectural S@nI'ices" IRFQ#PWlOI6.12 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; (I) claims for damages because of bodily injury, death of a person or property damage ariSing out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.011 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 10/13/2016 Page 60 of 66 34 In addition, the polkies 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, 1,013 Commercial Comprehensive General Liability insut'ance 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: $1,000,000; , Medical Insurance: $5,000 per person: , 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 Contr'actual 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 Prop.erty Damage Liability, 1,015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000,00) plus an additional One Million Dollar ($1,000,000,00) 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. 1.017 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, including 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 35 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 A.VII 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 10/13/2016 "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 B": Page 62 of 66 36 (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 legafly 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 Spedfic 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 sale, absolute and unfettered discretion. Dndemnifkatioro ~equil"ement 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 any of them, arising out of this Agreement, incident to it, or resulting from the performance at· 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 1011312016 Page 63 of 66 37 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 f!'Om 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/\311016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 38