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Res No 071-19-15343RESOLUTION NO.: 71 -19 -1 5 3 4 3 A Resolution authorizing the City Manager to execute a professional service work order to EAC Consulting, Inc. for the completion of construction documents for a proposed restroom-concession facility at South Miami Park. WHEREAS, pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services (RFQ #PW2016-22), city staff desires to engage EAC Consulting, Inc. to provide construction documents for a new restroom-concession facility at South Miami Park; and WHEREAS, as the next firm listed in the City's rotation, EAC Consulting, Inc. has submitted a competitive proposal to provide contract documents for the construction of a new restroom- concession facility located on the east side of the existing multipurpose field at South Miami Park. All improvements within this project shall be in accordance with the American with Disabilities Act (ADA); and WHEREAS, in summary, the scope of work entails pre -design services; geotechnical and survey services; project management and permit coordination with Miami -Dade Water and Sewer for watermain extension and agreement, specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre -bid conference(s) and construction administration services; and WHEREAS, the total expenditure shall not exceed $99,519.20 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 execute a professional service work order to EAC Consulting, Inc. for the completion of construction documents for a proposed restroom- concession facility at South Miami Park for an amount not to exceed $99,519.20. The total expenditure shall be charged to account number 301-2000-572-6450, which has a balance of $519,781 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 41h day of June, 2019. Page 1 of 2 Resolution No. 71-19-15343 ATTEST: CITY CLE < READ AND 0VED AS LANGU LEJ8ALITY AN x"I Page 2 of 2 APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Agenda item No:1. City Commission Agenda Item Report Meeting Date: June 4, 2019 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a professional service work order to EAC Consulting, Inc. for the completion of construction documents for a proposed restroom-concession facility at South Miami Park. 3/5 (City Manager -Parks & Recreation) Suggested Action: Attachments: Me mo-SMP_Design_Plans.docx Resolution-SMP Design Plans.docx Proposal Ltr_South Miami Park Restroom Building_2019-05-14.pdf EAC Resolution #060-17-14861.pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: June 4, 2019 SUBJECT: A Resolution authorizing the City Manager to execute a professional service work order to EAC Consulting, Inc. for the completion of construction documents for a proposed restroom-concession facility at South Miami Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services (RFQ #PW2016-22), city staff desires to engage EAC Consulting, Inc. to provide construction documents for a new restroom-concession facility at South Miami Park. Park visitors, including soccer coaches, parents and participants have requested for adequate restroom facilities beyond the existing portable stations at South Miami Park. The proposed one-story CBS building of approximately 2,000 square feet will include a female restroom with one ADA stall and two additional stalls, a male restroom with one ADA and two urinals, janitorial closet, covered sheltered area, concession area, and a small office space. As the next firm listed in the City's rotation, EAC Consulting, Inc. has submitted a proposal to provide contract documents for the construction of a new restroom-concession facility located on the east side of the existing multipurpose field at South Miami Park. All improvements within this project shall be in accordance with the American with Disabilities Act (ADA). In summary, the scope of work entails pre -design services; geotechnical and survey services; project management and permit coordination with Miami -Dade Water and Sewer for watermain extension and agreement, specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre -bid conference(s) and construction administration services. The anticipated length of service is approximately forty-six weeks (46) weeks commencing after the notice to proceed. 2 SoutYO' hMiami THE CITY OF PLEASANT LIVING EXPENSE: ACCOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Amount not to exceed $99,519.20 The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $519,781 before this request was made. ATTACHMENTS: Resolution Proposal — EAC Consulting, Inc. EAC Consulting, Inc. Resolution #060-17-14861 May 14, 2019 EAC Consulting, Inc. Quentin Pough, CPRP Director of Parks and Recreation City of South Miami 5800 SW 661h Street South Miami, FL 33143 Re: Professional General Engineering and Architectural Services Agreement RFQ PW2016-22 South Miami Park Restrooms and Concession Building EAC Consulting, Inc. respectfully submits this fee proposal to provide professional design services for the new restroom and concession building within the South Miami Park located at 4300 SW 581h Avenue, South Miami, FL. 33143. The new building will include a female restroom with one ADA stall and two additional stalls, a male restroom with one ADA stall and two urinals and a janitorial closet. Also include a concession stand for catering and a small office space. Our team will develop design drawings for city review and approval prior to commencing with the preparation of construction documents. The drawings will be used forbidding and construction purposes. The services on this project will be performed by EAC Consulting, Inc and our sub consultants the following services: • Mc Harry Associates —Architecture planning and design services; mechanical, electrical and plumbing engineering design services and Structural Engineering design services • GCES Engineering Services — Geotechnical Engineering & Materials Testing • Longitude Surveying and Mapping- Surveying & Mapping, Subsurface Utility Engineering Background This project is predicated on previous City Parks Master Planning efforts by MC Harry Associates (MCHA). As part of the effort, MCHA developed a schematic park improvement plan in 2009 for South Miami Park (Exhibit "A"). Per schematic plan and discussions with the City, the new building will be placed on the east side of the existing multipurpose field. The new parking lot on the east side of the field (shown on the schematic), west of the existing parking lot will be considered for this design as future development. EAC has also reviewed Miami -Dade Water and Sewer Department atlases for water and sewer and advised the City that there is no water or sewer infrastructure in the vicinity of the project. Per Atlas Water DOA M17-13, the closest water mains are located south of the existing multipurpose field along SW 59t1 Ave and along SW 58`h Avenue. The City has recently indicated that a new 3-inch HDPE Low Pressure Forcemain will be installed along the North side of the Park from the David Fairchild Elementary School to SW 601h Avenue. Scope of Work 1. Limited Surveying and Mapping 2. Limited Geotechnical Investigation 3. Design and Development of Construction Documents 4. Coordination with Miami -Water and Sewer for Watermain extension and agreement 5. Watermain Extension 6. Permitting and Approvals 7. Bid and Award Support Services — limited to attendance at one bid meeting, response to bid inquiries and issuance of addenda. 8. Construction Phase Services — limited to attendance at one preconstruction conference, shop drawing reviews, responses to RFIs, attend Substantial/Final, completion walkthroughs, 3 Specialty Site Visits, develop as-builts and record drawings. 0 6959 BLUE LAGOON DRIVE • SUITE 410 - MIAMI. FL 33126 - 305.265.6400 eacconsult.COm Deliverables Submittals shall include, but not be limited to, the following: i. Plans and Specifications ii. Design Calculations iii. Engineer's Opinion of Probable Construction Cost a. Conceptual Design Phase 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. b. 90% Design Deliverable Phase Our team shall progress the recommendations and findings from the conceptual design review to a 90% deliverable completion level. The 90% Deliverable phase involves providing pertinent design and construction data on plans and outline specifications. Drawings will be in AutoCAD. To maintain schedule, EAC shall continue working toward completion of the Final Plans and Specifications Submittal during the review period of the 90% Deliverable except otherwise notified by the City. c. 100% Design Deliverable EAC shall progress the recommendations and findings from the 90% deliverable review to a 100% deliverable completion level. The 100% Deliverable phase involves providing final design calculations (checked), plans, list of specifications, opinion of probable construction costs, and applicable documents to satisfy permitting requirements for the Project features. Drawings will be in AutoCAD. Assumptions The aforementioned scope of services assumes that: 1. EAC shall not be responsible for any plat related drawings or processes, but shall provide owner with prepared civil drawings related to scope of work in CAD format as requested. 2. It is assumed that there are no existing adverse environmental conditions on the subject project site. 3. If necessary, Soil contamination mitigation shall be dealt with by others. 4. No Right of Way takes are required. 5. If required, subsurface utility exploration shall be performed and results provided to EAC by the City. 6. Permit/Approval fees shall be requested from the City, can be paid for by EAC and reimbursed at the direct cost with appropriate documentation, on a case by case basis. 7. Water & sewer connection fees and are specifically excluded from this proposal and shall coordinated and be paid by the owner directly. 8. Signalization Plans, Improvements or Design is specifically excluded from this scope of services. 9. Existing Utility Information and As-Builts shall be collected by EAC based information provided by Sunshine One Call. Onsite and Offsite utilities if encountered on site without adequate information may require soft digs or subsurface location. Soft digs are not part of this proposal. 10. Community Outreach / Public Involvement Services are not part of this scope of services 11. Front End Specifications package for Bid Purposes is not part of this scope of services. 12. Full time Construction Resident Services are not part of this scope of services. 7 Page 2 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 B" also attached to this professional engineering services fee proposal. Item Description Unit Fees 1 Project Management & Administration LS $4,949.68 2 Surveying and Mapping LS $5,000.00 3 Geotechnical Investigation LS $2,000.00 4 Civil Engineering Design & CDs LS $18,293.42 5 Architectural, Structural & MEP Design and CDs LS $39,048.00 6 Permitting and Approvals LS $7,902.96 7 Bid and Award Support Services LS $1,858.74 8 Construction Administration Support Services LS $20,066.40 Re-imbursables Expenses $400.00 Total $99,519.20 Schedule We are proposing the following schedule to complete the services identified in the scope: Task Limited Surveying and Mapping Duration 3 weeks Limited Geotechnical Investigation 3 weeks Preparation of conceptual Design Plans 3 weeks 'Review of conceptual Design Plans by City 1 week' Preparation of 90%Construction Documents 5 weeks 'Review of 90% Construction Documents by City 1 week' Preparation of 100%Construction Documents 3 weeks `Review of 100% Construction Documents by City 1 week' Permitting and Approvals 12 weeks Limited Bid and Award Support Services 4 weeks Contract Award by City and Construction Startup by City 4 weeks' Limited Construction Administration Services 12 weeks 46 weeks 'Task is been done simultaneously tasks 'No Professional Services on the part of the EAC team will be performed during these tasks This proposal is based on our understanding of the requirements for design 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 $ Page 3 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 Con sting, Inc. Evelyn Rodriguez, P.E. Project Engineer Page 4 P7 EXHIBIT "A" -SCHEMATIC PARK IMPROVEMENT PLAN IN 2009 10 Page 5 j7Y 1 , - iT 11 I i 1, jt f' I 1 _ 0 Ln 00 S D c _ II 13 City of South Miami Professional General Engineering and Architectural Services Agreement PW2016-22 South Miami Park Restrooms Fee Tabulation by Task and Staff Hours Task Description EAC Consulting, Inc. Total Hours Fee Project Management Design anc Construction Documents Principal Project a a e Project Manaiter Project Engineero Designer CAD Construction Clerical $1944.38 $189.17 $189.17 $115.48 $94.09 $94.19 $100.03 $48.21 1 Data Collection and Gathering 2 2 4 2 10 $1,406.78 2 Conceptual Design 2 2 4 10 12 20 50 $5,691.46 3 90% Design Deliberables Phase 2 2 4 12 24 30 74 $7,993.40 4 100% Design Deliberables Phase 2 2 6 10 12 18 50 $5,881.42 5 Permitting and Approvals 2 6 24 2 34 $4,381.30 6 Limited Bid and Award Support Services 2 12 2 2 2 20 $2,237.08 7 Limited Construction Administration Support Services 8 24 8 40 $4,299.76 Total Hours 6 20 22 72 S2 70 24 12 278 $31,891.20 $31,891.20 EAC Subtotal Limited Surveying and Mapping Limited Geotechnical Investigations Architectural, Structural, MEP Services REIMBURSABLE ALLOWANCES Miscellaneous Expenses (EAC) Miscellaneous Expenses (McHarry) Total Reimbursables $31,891.20 $5,000.00 $2,000.00 $60,228.00 $400.00 5/14/2019 GRAND TOTAL $99,519.20 I EXHIBIT "C' - SUBCONSULTANT FEE PROPOSALS 15 Page 7 LL 0 N G I T U D E SURVEYORS Tuesday, May 14, 2019 Evelyn Rodriguez PE, ENV SP Project Engineer EAC Consulting, Inc. 5959 Blue Lagoon Drive Suite 410 Miami. FL 33126 RE: Surveying services for South Miami Park, South Miami, FL VIA EMAIL:eroddauez4eacconsult.com SOUTH MIAMI PARK Dear Ms. Rodriguez Pursuant to your request regarding a fee estimate for surveying services for the above referenced project, LONGITUDE SURVEYORS, LLC (LS) is pleased to submit the following proposal for your consideration. A. Scope of Work Longitude will perform a Boundary survey with elevations to include the following information: • LS will locate property lines and easements within and adjacent to the property based on recorded plats and public information available to be found in the Miami -Dade County Public Records. Title searches will not be performed. • Longitude will collect the following above ground improvements such as: buildings, fences, parking, driveways, sidewalks, trees, paved areas, light poles, power poles, slabs, utilities, drainage structures, signs, and all other above ground improvements within the survey limits. • LS will locate all trees and palms having a 34nch diameter or greater at breast height (DBH) or being 12-feet in height or greater. However, a Tree Survey will not be performed. • Longitude will take elevations equivalent to a 50-foot grid within the survey limits. • LS will provide elevations for rims and inverts on all drainage structures and sanitary structures within the survey limits. All elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29). • The Survey will be geo-referenced to the Florida State Plane Coordinate System based on the North American Datum of 1983/2011. B. Survey Limits: A portion of the east side of South Miami Park located in South Miami, FL. The survey will extend only to the limits of the park boundaries. The survey will not extend beyond the park boundary limits. See the attached exhibit provided by the client. C. Deliverables: Longitude will provide signed and sealed paper copies, a PDF and CAD file of the resulting survey. D. Timellne: LS has estimated fifteen business days to complete this project. E. Fee: The total professional fee to complete this project shall be a lump sum of 5 000.00. I agree and understand by signing below "I APPROVE AND ACCEPT" this proposal as a legal binding contract. By: (Authorized Signature) (Typed or printed name( Date: Title: On behalf of the firm, 1 thank you for the opportunity to submit this proposal. We look forward to utilizing our best professional efforts on your behalf on this very important project. Respectfully Yours, iC i 9 Eduardo M. Suarez. President/PSM 16 LONGITUDE SURVEYORS 7769 nw 48 street • suite 375 • coral, f133166 • ph: 305.463.0912 • iax: 305.513,5680 -. Slln]vtiYr y tll�llnX xT� .., um��" .�......e.n....yn ...exnn.i �n.....«.. ••••'lr2+tl]J ...e..i.........mrn......., r,.. •_'p r.11Jin Mll 1 y�� '� ...,n .u......, ..slag.. ��. xV.u, wa..... • UL— h I / �� a W L�� o Husing E 6 F N ale pafojd 1:31 .f: p i _ GCES Engineering Services, LLC. 10860 NW 138th Street I Unit 41 Hialeah Gardens, FL 33018 P: 305.964.06691 C: 954.440.8623 www.gees-usa.com March 13, 2019 (Revised 6/14/2019) EVELYN RODRIGUEZ, P.E., ENV SP Project Engineer EAC Consulting, Inc. 5959 BLUE LAGOON DRIVE, SUITE 410 MIAMI, FL 33126 305.265.5400 - 305.265.5460 (direct) 786.574.1023 (mobile) er� uez _eacconsult.com Subject: Proposal/Agreement for Geotechnical Engineering Services South Miami Park Restrooms 4300 SW 58th Ave, South Miami, FL 33143 GCES Proposal No. P10-0319002 Dear Evelyn: GCES Engineering Services, LLC (GCES) is pleased to present this proposal/agreement for performing geotechnical engineering services for the above referenced site. GCES understands that the project consist of a new restroom/ concession area restroom building within the South Miami Park. We also understand that civil infrastructures (i.e. pump station) are planned within the Park. Based on your email of March 12, 2018, the geotechnical exploration for the planned infrastructures and the building include one SPT borings to 15 feet below existing ground surface. In addition, we understand that two Usual Open Hole tests in general accordance with South Florida Water Management District (SFWMD) testing procedures is required to determine drainage characteristics at the above referenced site. The results of the exfiltration test will enable us to calculate the Hydraulic Conductivity ("IC value) of the existing soils at the test locations for drainage evaluation by the Civil Engineer. If the information herein is not accurate, please inform us immediately. Based on your request for proposal, and our understanding of the project, we propose the following scope of work and fee schedule. 18 Geotechnical © Construction ® Engineering ® Solutions ww.gces-usa.com EAC Consulting, Inc. South Miami Park Restrooms GCES Proposal No. P10-0319002 SCOPE OF SERVICES . Field Exploration The purpose of the geotechnical services is to obtain subsurface soil data to characterize subsurface and groundwater conditions and provide site preparation recommendations. These services will include field and laboratory testing programs. The field program will consist of providing the following services: • Site Reconnaissance: A geotechnical specialist will conduct a site reconnaissance prior to the subsurface exploration. The site reconnaissance will note surface features that may impact or require consideration regarding the planned subsurface exploration. • Subsurface Exploration: GCES will perform a total of one (1) Standard Penetration Test (SPT) borings to depths of 15 feet below existing ground surface. • In addition, GCES will conduct two (2) exfiltration test "Usual Open Hole tests" to a depth of 15 feet below existing ground surface in accordance with South Florida Water Management District (SFWMD). • Sampling: Sampling of the test borings will be conducted in general accordance with ASTM D1586 standards. Continuous samples are typically obtained in the top 10 feet, and one sample is generally obtained every 5 feet for the remaining depth of the boring. Materials encountered at the test locations will be identified in the field from SPT Spoon sampling and from cuttings brought to the surface by the augering process. Upon completion of drilling the borings and observation of groundwater levels the boreholes will be backfilled with soil cuttings. Underground Utilities, Site Access and Boring Locations Items to be provided by the client include the right of entry to conduct the exploration and an awareness and location of any subsurface utilities existing in the area, including those privately held and/or not members of Sunshine State One Call of Florida (SSOCOF). Also, if there are any other restrictions or special requirements regarding this site or exploration, these should also be known prior to our commencing fieldwork. We will contact SSOCOF regarding location of underground utilities at the project site. By state law, the utility locator services are afforded a minimum of 2 full business days to clear or locate and mark utilities prior to commencement of drilling. Please note, however, that the utility locating service can locate utilities within public rights -of -ways and easements, but generally is not able to located privately owned utilities. Therefore, GCES is not responsible to the extent of any loss, damage, or injury caused by the failure to locate a utility properly or by inaccurate and/or incomplete information provided by others. 19 2 1 P a g e EAC Consulting, Inc. South Miami Park Restrooms GCES Proposal No. P10-0319002 This proposal is based on the boring locations being accessible to a conventional truck mounted drill rig without any clearing being necessary, no permit is required to perform our field work and the work can be performed during normal business hours. Boring layout will be approximate with distances and right angles measured from available site features. The boring locations will be marked in the field by GCES personnel using layout procedures. Please note that we may be required to shift our planned boring locations depending upon utility locations at the planned boring locations. The surveying of the boring locations and elevations is not included in the geotechnical scope of work. Approximate elevations can be estimated from the contours of a topographic site plan, if provided. Laboratory Testing In the laboratory where appropriate, moisture, organic content and other classification tests (i.e. grain size analysis, #200 sieve wash) will be performed on representative split -barrel samples to aid in classification. Soil samples will be visually classified in general accordance with the Unified Soil Classification System (USCS). Laboratory testing on rock samples is not included in our scope of services. Engineering Analysis and Report After completion of the field and laboratory testing programs, the data and conditions will be analyzed and a report will be prepared by or under the supervision and be signed and sealed by a registered professional engineer in the state of Florida. This report will contain the following: • A brief review of our test procedures and the results of testing conducted; • Classification of soils recovered during the testing; • A brief review of our test procedures and a summary of the results of testing conducted; • Boring location plan, computer generated boring logs with soil stratification based on visual soil classification and groundwater levels; • Borehole water level measurements at the test locations; • Fill placement recommendations; • Calculated hydraulic conductivity values based on our field testing; and • Evaluation of the soil information as it relates to bearing capacity • Review field and laboratory data, and then evaluate said data to provide site preparation Two (2) copies of the geotechnical engineering report will be delivered. COMPENSATION Based on a single mobilization of the required personnel to and from the site, and the work scope outlined herein, we will perform the geotechnical engineering services for a lump cost of $2,000.00. 20 3 1 P a g e EAC Consulting, Inc. South Miami Park Restrooms GCES Proposal No. P10-0319002 If poor subsurface conditions are encountered which warrant additional work, we will contact you to discuss the conditions and together determine how best to proceed. Unless otherwise instructed, invoices will be submitted to your attention. The fee is valid for 90 days from the date of this proposal. If the assumptions listed herein are not valid, there may be additional charges. SCHEDULE We anticipate that field services will be completed in approximately two to three working days of receipt of your written notice to proceed assuming that we will be allowed to perform the field work as a continuous effort and normal weather conditions; and that utilities are cleared by the locating services in a timely fashion. Our engineering report will be submitted within approximately five to seven working days after completion of the field exploration. Once the Agreement for Services is signed and received by GCES, commencement of the work will begin. In some instances, we can proceed with verbal approval; however, written authorization should still follow prior to our mobilization to the site. This proposal may be accepted by executing the signature page of this proposal and returning an executed copy to GCES. The terms, conditions and limitations stated in the attached Agreement for Services (and sections of this proposal incorporated therein), shall constitute the exclusive terms and conditions and services to be performed for this project. GCES Engineering Services, LLC. appreciates the opportunity to present this proposal. We look forward to working with you on this and future projects. Respectfully, Alejandro R. Montenegro, PE President\CEO 21 4 1 P a 9 e EAC Consulting, Inc. South Miami Park Restrooms GCES Proposal No. P10-0319002 Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The fee is valid for 90 days from the date of this proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agree to be bound by the terms and conditions contained in this proposal. We note that our terms are net thirty days. Any invoices over thirty days will be assessed a 1 '/2 percent service charge. If you are a first time client, we request that the fee for these services be paid at the time the report is delivered. Once your account is established, we will bill you on an invoice basis. If you would like to make other payment arrangements, please contact us. SIGNATURE: DATE: PRINT NAME: ADDRESS: PHONE: FAX: cc: File Attachment: Agreement for Services (please initial agreement) GCES Proposal No. P10-0319002 5 1 P a g e TITLE: 22 GCES Engineering Services, LLC. AGREEMENT FOR SERVICES (Per Master Agreement between EAC Consulting and GCES Engineering Services . sFequeek and- few-- fer the requested GhaRges. FoUGWAg GlieFWa FWeA*, Chen! shall pFWde vAften aGwplaRse. it G14ABA41 ddAem ROt fGHOW th Limitation Liability. GlieFA have the Asks assee-jased-vit-1; this iRGludiRg GGR6u1taFW-6fe of and cmAsuftw# to the Asks le evaluated andFemeFds the PirOks le the fuilerA eAeFA pFGjeGt, by law, the Iola] aggFegale liamity Felalive assumed, and agFee alleGateGert—ainef se, pwmitled ftm legal liabilky feF all GlaiMS, losses, damages, and expenew to the exteM SuGhGlaims, losses, damages, o emp!Gyees, and agaiRst liability, 9AG1udiRg indemnity be deemed to have aGeFued aAd Me appliGable statute ef lim.dafiiang Regligenre, eFe4heF FeGeveFy shall Consequential Damages. NeitheFpaFty be lia-WA- 19-1hA- A-theF f4DF 1066 Of Wrewnue; less ofuse OF GPPGFtUA4y:, 1066 Of shall PFOAtS g9ed CORSuftaFA the t9 the disp64e Wthin 30 days, afteF VA;Gh Client Fnay itsFemedles ai law. This and pa0jes shall endeaVGF Fesolve puFaue based tests field fOF the tested. QeRt that testiAg aW obsewation apeMt GGRURUOU on and ebsepicifiensGAly mFk ui;dwstands 11 P a g e GCES Proposal No P 1 0- 0 3 1 9 0 0 2 W GCES Engineering Services, LLC. 24 2 1 P a g e GCES Proposal No P 1 0- 0 3 1 9 0 0 2 ® MCHarry Associates, Inc. 2780 SW Douglas Road Miami, Florida 33133 305-445-3765 May 14, 2019 Evelyn Rodriguez P.E. Project Engineer EAC Consulting Engineers Re: City of South Miami - South Miami Park Restrooms & Concessions Dear Evelyn: We are pleased to present our fee proposal for Architectural, Structural, Mechanical, Electrical and Plumbing Services. MCHarry will develop design drawings for the City's review and approval prior to commencing construction documents. We understand the scope as follows: Design and documentation for a 1 story CBS building of approximately 2,000 s.f. consisting of the following scope: men's and women's Restrooms (3 stalls each); covered shelter area; concession space; storage space; janitors closet and a small office space. The storage and office are to be air-conditioned. Restrooms are to be mechanical ventilation. The concession space will not have any cooking or associated exhaust / cooking equipment as part of this scope. The project will include electric water coolers w/ bottle fillers and baby a changing station in each restroom. It is understood that a Lightning Alert System and First Aid Services will be provided by the City of South Miami. The scope will includes meetings (max 3) with the City during construction, cost estimating, technical specifications, providing responses RFI's, reviewing shop drawings, providing Change Order reviews, Cursory Pay Application reviews and providing project close-out documents for work relating to architecture, structural, and MEP scope. Surveys, Geotechnical Testing, and Reports are not part of this proposal. We have not included fees for Fire Sprinkler Protection, Landscaping nor Civil Engineering services (to be provided by EAC). We estimate a rough order of magnitude construction cost that suggests an initial budget of $550,000 would be appropriate. Construction Administration is to be provided by MCHarry. MCHA and our consultants will reviewing shop drawings and providing up to 6 site visits as needed. We anticipate a maximum of 14 weeks of construction through substantial completion and project closeout. Below is an estimate of man-hours and costs by phase and discipline in support of our lump sum fee. This proposal is valid for 90 days. Approx. Time Frame (in weeks) 1 2 4 1 4 12 2 Site Visit 8 Scope VeScp Design Documents 100% Construction Documents Cost . Estimating Permit, Bid & Award Assistance Full Construction Admin Project Close Out Task Total hours & fee Architectural 262 Hrs F 16 38 120 16 16 72 24 $37,680 Fee 1 1 $2,400 $4,560 $14,400 $2,400 $2,400 $8,640 $2880 Structural Engineering 66 Hrs1 2 1 8 1 32 8 2 16 8 $9,240 Fee 1 1 $300 1 S960 1 $3,840 1 $960 1 S300 1 $1,920 $960 MEP Engin Bring F772 Hrs _ 4 $600 8_ _ $960 32 $3,840 8 _ $960 8 $1,200 _ _16 $1,920 _ 8 -$960 $10,440 Fee Sub -Total $57,360 Fee $3,300 1 $6,480 I $22,080 1 $4,320 1 $3,900 1 $12,480 $4,800 AE Contingency Allowance $2,868 Total Lump Sum Fee $60,228 Craig Aquart, AIA, RID Principal MC Harry & Associates 25 RESOLUTION NO: 0 6 0 -1: 7 -14 8 61 A Resolution authorizing the City Manager to enter into a multi -year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Englneering, Inc., and Stantec for general engineering services on an as needed basis. WHEREAS, the City solicited a Request for Qualifications (RFC) 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 26 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 21 day of March , 2017. ATTEST: APPROVED: A - CITY CLERK MAY R COMMISSION VOTE: 5-0 READ AN PROVED AS TO FORM, LA EGALI D CUTION Mayor Stoddard: Yea E 10 THERE Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea CITY NEY Commissioner. Edmond: Yea 27 Page 2of2 11VEXHUBU U 06 PROFEESSOONAL SERVOCE AGREEMENT " rolwslonaal General Enginaering and ArchltecturW Servicoe' RPQ WW2016.22 1 d� a�1 frRc'It t� THIS AGREEMENT made and entered Into this -3Ar day of Be ep, 2014% 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 _� nsult,ting, ^nc. 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 gieneral Em-islons 1.1 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. 1.2 The CITY agrees that It will furnish to the CONSULTANT available data and documents In the CITY possession pertadlning 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 -Services. The CONSULTANT shall Smdorm se c 41 Services as described 10 thg Notice to Proceed. 3.0 Time for CQmpletlon 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 Compansat� ian: 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 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 ATTACHMENT A - 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 Page 31 of 66 Yhomm F. Pepe 28 1wiMais wages, benefits, overhead and profit and that shall be In writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENTA. 5.0 Ea ilot and Partial b=eots. 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 ATTACHMENT A or, If no schedule of payment exhibit 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 Btght 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 clalms, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that. the CONSULTANT does not concur In the Judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objecdons-to the City Manager and shall abide by the decision of the City Manager. 7.0 Owmemhlp _ of Qocu_ meets. 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 ftnj 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 NertotiatioN. 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 cate 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 additlons 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 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 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 AUgns: The employment of unauthorized aliens by the CONSULTANT Is considered a violation of Federal Lawn. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation. Par sa of 66 Try F. Pw 29 WIM016 to require proof of valid citizenship or, in the alternative, proof of 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 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. . 12.0-Wa=z 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 Ode 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. 13.01 erMl[agon. 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 CITVs 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 entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. 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 issuance 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 following the issuance of the Notice to Proceed. 15.0 [)efault. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify 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 costs and legal fees. 16.0 insurance_ and ladomniflotion. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT a to this AGREEMENT. 17.0 Nothing In this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes. Ordinances and law The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules. regulations and laws 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 hge53of66 Thomas F. Pepe 30 �w�snots AGREEMENT. 19.0 Im,p. 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 Drug Fr a Worlolice. CONSULTANT shall comply with CITY's Drug Free Workplace policy which Is made a part of this AGREEMENT by reference. 21.0 Indsond-dnt 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 92sposIbIlItles. 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 UcCnses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Aaement Modificatiop.,and ®ind10g Effecr This AGREEMENT 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 CONSULTANTS' 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 amendment.to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 CITY and CONSULTANT knowingly, irrevocably voluntarily and Intentionally waive any right either may have to a trial by jury In State or Federal Court proceedings In respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Valldity of-- Executed Qpjas This AGREEMENT may be executed In several counterparts, each of which shall be construed as an original. 27.0 Rullm of jntarRretation: Throughout this AGREEMENT the pronouns that are used may be substituted for mate, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Smembift. 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 dudes 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 rights 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 Page 54 of 46 Tam F. Pem 31 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 remedies, 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 delay 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 on-Waiy. CITY and CONSULTANT agree that no failure to exercise and no delay In exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, In whole or part, including the provisions of this paragraph, may be Implied by any act or omission and will only be valid and enforceable If in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 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 Discrlminado0,and 9glal Em Ignenl: 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, ethnicity, national origin, religion, age, sex, familial status. marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by laws 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 expected 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 lawns governing employment practices. 32.0 Governing laws. This AGREEMENT and the performance of services hereunder will be governed by the lawns of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. 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 efffective 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 Pa 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 Page Sg of 66 nomm F. Pape 32 MOWN anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 lrurther 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 Ilene of_Essence. Time is of the essence of this AGREEMENT. 37.0 LaMretatlon. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for Its preparation. 38.0 EoM Hijeure. 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 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsukants as It is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, 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 eublig R=rAj: CONSULTANT and all of Its subcontractors are required to comply with the public records lawn (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shalt 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 lawn; (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 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. OF THE CONTRACTOR NAS QUESTOONS REGARDING THE APPLICATION OF CHAPTER 0 Ito FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVODE PUBLOC RECORDS RELATONG TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-"3-6340o E-ma lk m menendea&outhm 1zmffl.Zovo - 6 0 30 Sunset Drive, Sou* Nimml, FL 33 043. 41.0 blatices. Whenever notice shall be 'required or permitted herein, it shall be Page 56 of 66 Thong F. Pepe 1011312016 041 delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, 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 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 entitles at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (30S) 668-2S 10 Fax: (30S) 663-634S E-mail: slexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 mail: tRece _southmia if .-ov To CONSULTANT: 42.0 Corporate AuthorW: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of penury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have compiled with all applicable legal 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 authorized 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. ON WOTHESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. CONS IchgLl A►deife. P.E. (Print NameAbovel ATT D: City f uo th Miami y, By: aria M. MenendeY,:jC �•-' Steven Alexander City Clerk City Manager Page 57 of 66 Thomas F. Pepe 34 OO/s)n016 Read and Approved as to Form. Language. Legality and Ex6cution thereof: /. ✓f' �lL.�' Thomas F. Pepe, Esq. City Attorney Page 3o of 66 Thomas R. Pope 8a IX20i4 35 EAC Consulting, Inc. 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) Benchmark Wage Rate Summary for the above -referenced contract. We understand that 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. • t —Donna Grace, P.E. Project Manager cc. Mike Adeife, P.E. — EAC Consulting, Inc. Attachments: Exhibit A — Compensation rev 2017-03-31 36 815 NW 57Avenue, Suite 402 i M'iami, FL 33126 913hone: 305-264-2557 OF= 305-264.8363 Fwww.eacoonsulLccm rCA# 7011 A.T1'.A►CHMENT 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 of 3.5%. SALARY COSTS Category South Miami Benchmark Hourly hate EAC Revised Proposed Hourly Billing hates Principal $180.00 $181.46 Sr. Project Manager $150.00 $179.66 Pr I*ect Mana er $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 Desi ner/En ineer $90.00 $107.80 Desi er $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 Landsca a Architect Intern $70.00 $71.86 Arborist $75.00 $85.34 Utility Coordinator $90.00 $90.00 Surveyor / Mapper $85.00 $107.80 Survey Technician $60.00 $76.36 EAC Consulting, Inc. 37 City of South Miami RFQ #PW2016-22 SALARY COSTS Category South Miami Benchmark Hourly Rate IEAC Revised Proposed Hourly Billing 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 /2012 Michael e, P.E Date Senior Vice President EAC Consulting, Inc. 38 City of South Miami RFQ #PW2016-22 f 1 South , Miami iso o ,a n,.%sme tinv: ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural services" RFQ NPW2016.22 The City 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 "Certified Arborlsts Services; and a separate rotational list will be established for all CCNA professional services, "Certified Arborists Services" is defined as: o Certified Arborist 5amices: 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 to al Services Agreements. r CONSULT, of South Miami BY: By: .�.. r� Alexander, City Manager 3/3012011 (game of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: By:"- Thomas F. Pepe, City Attorney 39 ATTACHMENT 6 ONSURANCE & ON®(EMNIFICATION R EQUOREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016.22 1.010 Insurance urance 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; (Q 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 InsurancC 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. Page 60 of 66 Thomas F. Pepe 40 1011312016 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. 1.013 Commercial Comprehensive General Liahiiity 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: $1,000,000; 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 flied 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 Automob ig Liabiligy 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 Fireand- 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 Page 61 of 66 Thomas F. Pepe 41 1011312016 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: "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 Thomas F. Pepe 42 1011312016 (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. Ondemnification 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 attorneys 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 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 Page 63 of 66 Thomas F. Pepe 43 1011312016 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 (1), 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. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 Thomas F. Pepe 44 10113/2016