Loading...
Res No 013-20-15453RESOLUTION NO.: 01 3-20-15453 A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non -motorized boat operators. Due to the original proposal's work scope, service fees and other factors, the City Commission deferred the item and directed staff to explore alternative options; and WHEREAS, the attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project; and WHEREAS, once these phases are complete, including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami -Dade County Department of Regulatory and Economic Resources (DRER); 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 $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. 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 negotiate and to pay Stantec Consulting Services, Inc to conduct survey reports, conceptual designs and community input meetings related to the conversion of a residential property into a public park in accordance with the scope of the work outlined in the recitals to this resolution for an amount not to exceed $25,000. 1 Resolution N0.013-20-15453 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 215f day of January 2020. ATTEST: 0 GAP CITY CLPRK APPROVED: ixknuA u_ •: ll COMMISSION VOTE: 5-0 Mayor Stoddard Yea Vice Mayor Harris Yea Commissioner Gil Yea Commissioner Liebman Yea Commissioner Welsh Yea N Agenda Item No:2. City Commission Agenda item Report Meeting Date: January 21, 2020 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. 3/5 (City Manager -Parks & Recreation Dept.) Suggested Action: Attachments: Memo -New Park Construction Design.docx Reso-New_Park_Construction_Design_Option_2_CArev 1.docx Proposal -Ludlum Glades Park (option #2).pdf Stantec Professional Service Agreement.pdf Property Boundary Survey.pdf South Miami THE CrTY 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: January 21, 2020 SUBJECT:. A Resolution authorizing the City Manager to instruct and to pay Stantec to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park. At the last City Commission meeting held on Tuesday, January 7, 2020, staff recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non -motorized boat operators. Due to the initial proposal's work scope, service fees and other factors, the City Commission deferred the item and directed staff to present an alternate proposal. The attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project. Once these phases are complete, including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami -Dade County Department of Regulatory and Economic Resources (DRER); 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. KA South Miami THE CITY OF PLEASANT LIVING EXPENSE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM The anticipated length of service for this project is 3-4 months commencing after the notice to proceed. Amount not to exceed $25,400. AccoUNT: The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. ATTACHMENTS: Resolution Project Proposal — Stantec Professional Service Agreement — Stantec Property Boundary Survey 3 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Stantec Tel: (305) 445-2900 January 10, 2020 City of South Miami Parks & Recreation Department 5800 SW 66th Street Miami, FL 33143 Main: (3o5) 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: Ludlum Glades Park —'7435 SW 66 Ave City of South Miami, Florida Dear Mr. Pough: We are pleased to present this proposal for professional engineering services. We understand that the City of South Miami would like to convert the recently purchased residential property located at 7435 SW 66th Ave (14,810 SF) into a public park. We also understand that the City has included construction funds under Fiscal Year 2020/2021 and therefore would like to bid the project in October 2020. PE OF SERVIC TASK 1— Due Diligence Phase Consultant shall review existing documents such as as -built drawings, property records, permit history and City of South Miami information to serve as a benchmark for existing site conditions. Any documentation regarding the property that is available to the City shall be submitted to us for review of that data. We will obtain a topographic and tree survey of the project area and a geotechnical report for use in our design. See attached sub -consultant proposals. TASK 2 - Conceptual Design Phase Up to three conceptual design plans for the development of the Ludlum Glades Park will be prepared for use at two public input sessions. Conceptual plans will be based on the site survey, including general topographic information and tree locations. High quality trees will be retained within the conceptual designs; however, it is assumed all existing structures will be removed or replaced. Conceptual design plans will be for illustrative purposes only and will convey anticipated uses. Based on conversations with the City, possible suggested park items include the following: • Half -court basketball court • Pavilion(s) • Tot -lot • Sidewalks • Landscape Areas TASK 3 — Community Input Meetings on Conceptual Design Phase Following completion of the conceptual designs, Stantec will host two public input meetings for community review. These will be held at a location determined by the Parks and Recreation Department. It is 0 Design with community in mind 0 January 10, 2020 Page 2 of 2 understood that the Department will provide public notification to neighborhoods surrounding the park project and will be responsible for costs associated with any meeting venue fees or equipment usage. Public input meetings will be informal; however, they will gather written comments and/or a project survey to formalize community feedback. Prior to the meetings, illustrations and any survey forms will be provided to the Department for distribution to residents that may be unable to attend the public meetings. A summary of each meeting and overall results/feedback will be provided to the Department prior to completing the Design Development Phase. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the Consultant's control, additional meetings or coordination will be considered as Additional Services. Exclusions: • Change of zoning or land use approvals • Asbestos survey • Traffic studies or traffic impact statements Terms and Conditions: All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution o6o-17-14861. Our fees shall be as follows. Task i (Lump Sum)....................................................................... $119705 Task 2 (Lump Sum)........................................................................ $91,695 Task 3 (Lum Sum).......................................................................... $31,400 Reimbursables (presentation boards if needed) .............................. $600 TOTAL: $25,400 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Thank you, Stantec Consulting Services Inc. (4me9we Sean Compel, P.E., LEED AP, ENV SP Senior Associate Tel: 305-445-2900 sean.compel@stantec.com City of South Miami Approved by: Signature Print Name Date V:\2156\husiness_development\2i568iiig (Sty of South Nfiami\ludlum glades park\Option 2\south_miami_Ludlum Glades Park Option Zdocx Gzsign v:ith ornmunity in mind 7 Stantec Consulting Services Inc. Fee Worksheet - Page 1 DATE: FEE WORKSHEET 8- Ian-20 PROJECT: Ludlum Glades Park Due Diligence -Task 1 Principal Senior Project Manager Senior Biol/LA/Engi neer Engineer Intern Senior CAD Tech Clerical Site visit and photo log 2 2 Site investigation and review of existing asbuilts 2 8 Environmental Survey Desktop Review & Prepare Biological Report Sub -Total Hours o 0 10 0 0 Billing Rate $ 180.00 $ 170.00 $ 145.00 $ 95.00 $ 100.00 $ 45.00 Labor Cost $o $680 $o $ 50 $0 $o Due Diligence Phase Sub -Total: $1 6 0 Geotechnical• $2 2 5 Survey: $7,800 Due Diligence Total: $11705 ConcepaualDesign Phase - Task 2 Principal Senior Project Manager Senior IA/Engineer Engineer Intern Senior CAD Tech Clerical Concept aal Design Phase - Public Input 4 8 15 40 4 General Coordination & Management 4 4 Sub -Total Hours 4 12 19 0 40 4 Billing Rate $ 180.00 $ 170.00 $ 145.00 $ 95.00 $ 100.00 $ 45.00 Labor Cost $7201 $2,040 1 $2,755 $o $ ,000 $180 Conceptual Design Phase Sub -Total: $9,695 Community Meeting Task g Principal Senior Project Manager Senior IA/Engineer Engineer Intern Senior CAD Tech Clerical Pre aration & Attendance 8 0 8 4 ner ordination & Management 4 4 Sub -Total Hours o 4 12 0 8 4 Billing Rate $ 180.00 $ i7o.00 $ 145.00 $ 95.00 $ 100.00 S 45.00 Labor Cost $o $680 1 $1, o $o $800 $180 Conununity Meeting Sub -Total: $3,400 Sub -Total All Services: $24,800 Total Fee: $25,400 Nutting GeoEngini Engineering Construction Materials Engineerin ,Testing, & Inspection nvironmental Services De Engineers Offices throughout the state of Florida of Florida Inc.I Established 1967 www.nuflingengineers.com info@nuttingengineers.com Your Project is Our Commitment June 4, 2019 Mr. Carlos Herdocia, PE 901 Ponce de Leon Boulevard/ Ste. 900 Coral Gables, FL 33134 Phone: 305.445.2900 Cell: 786.502.0701 Email: carlos.herdocia@stantec.com Re: Proposal for Geotechnical Exploration Services Proposed City of South Miami Park 7435 SW 66tb Avenue South Miami, FL33143 Dear Mr. Herdocia: Miami Dade County Tier 2 CBE Palm Beach County SBE SFWMD SBE Small Business Administration SBE for Federal Projects Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal for performing geotechnical exploration services for the referenced project. Per your email dated November 14, 2019 and review of the site plan provided, we understand that plans for this project include construction of a new gazebo, new restroom building, and boat ramp at the referenced site. Based on your request for proposal and our understanding of the project, we propose the following scope of work and fee schedule. SCOPE OF WORK We propose to perform one Standard Penetration Test (SPT) boring in general accordance with ASTM D-1586 specifications to a depth of 25 feet in the area of the proposed construction. Additionally, we propose to perform one South Florida Water Management District (SFWMD) usual type open -hole exfiltration test to a depth of 15 feet in an effort to measure the hydraulic conductivity of the existing soils at specific test locations for site drainage evaluation by others. The proposed tests will be performed at locations identified by Stantec personnel. At the completion of the on -site work, the soil samples will be returned to our laboratory. We will provide an engineering report including a description of our findings and general site preparation and foundation design recommendations for support of the proposed structures. In order to provide information concerning the engineering properties of the soils encountered, it is anticipated that tests may be performed to determine natural water content, organic content, and sieve analysis on representative soil samples collected from the site. The engineering report will include graphic logs of the test borings and a test boring location plan. We assume the site is accessible to truck mounted drilling equipment and that underground utilities will be cleared by others priorto our performing the on -site work. 2051 NW 112a AVENUE, STE. 126 - MIAMI, FLORIDA 33172 • 305-824-0060 • FAX 305-824-8827 St. Lucie 772-408-1050 - Broward 954-941-8700 • Palm Beach 561-736-4900 (.NNIV�E'NSi' 1 4r�uawm Stontec Proposed City of South Miami Park 7435 SIN 66`h Avenue, South Miami, FL Page 2 of 4 FEE SCHEDULE The above indicated scope of work will be performed for an estimated cost of $2,275.00 based on the following rates and quantities: Technician site visit, utility clearance Lump Sum $100.00 Mobilization of equipment/ crew 1 @ $350.00 $350.00 SPT borings` (truck mounted drill rig) Lump Sum $400.00 Casing Lump Sum $100.00 SFWMD exfiltration test Lump Sum $400.00 Project Engineer Lump Sum $750.00 Principal Engineer Lump Sum $125.00 Cle•ical/ Administration Lump Sum $50.00 We anticipate being able to begin this work within approximately two business days of receiving written authorization to proceed. The on -site work should take one business day to complete. The test report should be available within approximately 12 -15 business days after the on -site work is completed. NE has been offering geotechnical engineering, environmental sciences, materials testing, and structural inspection services for 50 years in South Florida and the Treasure Coast during which time we have worked on many similar projects. Our commitment to practical, cost effective solutions supported by responsive client services distinguishes our firm and enables us-o solve your most demanding technical challenges. Another value added component NE brings to your project is our staff of experienced professionals including geotechnical engineers, environmental specialists, field personnel who are certified and have been trained to provide a wide range of consulting services, and our dedicated administrative staff. Our laboratory is checked annually by the Construction Materials Engineering Council (CMEC) and is certified to perform geotechnical engineering and materials testing services for the Florida Department of Transportation (FDOT). Note that we carry one million dollar professional liability and one million dollar general liability insurance. Thank you for providing us the opportunity to present this proposal. We look forward to working with you on this and future projects. Respectfully submitted, NUTTING ENGINEERS OF FLORIDA, INC. Scott Ersland Division Manager Adrian Ramirez Engineering Intern Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written authorization to proceed. If you are a first time client, we request that the balance due for these services be paid at the time of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed a 11/2 percent service charge per month until paid in full. 2051 NW 112th AVENUE • MIAMI, FLORIDA 33172 - 305-824-0060 • FAX 305-824-8827 St. Lucie 772-408-1050 • Broward 954-941-8700 • Palm Beach 561-736-4900 pNNIVERSrtRP 4,ncv�so, 10 Stantec Proposed City of South Miami Park 7435 SW 66" Avenue, South Miami, FL Page 3 of 4 PLEASE ENTER INFORMATION LEGIBLY BELOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SIGNATURE: PRINT NAME: COMPANY NAME ADDRESS: PHONE: EMAIL: FAX: General Terms and Conditions DATE: TITLE: Fa the purpose of this project, the addressee of this proposal will be known as the Client. The client is expected to fumich NUTTING ENGINEERS OF FLORIDA, INC. ('NP), with accurate information including sketch of survey and/or site plan, mnsbucfm drawings/specifications as appropriate, details of proposed construction including the proposed structural system and bads or existing construction problem information and site accessibility information as appropriate. Other information requirements may be detailed in the encased proposal. IF ANY CONDMONS CHANGE such as building layout, loading project specifications/design, or unusual site conditions are observed, NE should be notified Immediately in writing about the changed condition for passible review and comment Should the Client wish as impose other conditions and requirements beyond those contained in this proposal such as in a separate contract, we reserve the option to modify contract language, fee amounts, to remove our proposal from consideration or other measures as may be indicated. Delivery —Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Additional report copies can be provided fora nominal feetothe0gent NE will exercise appropriate measures to ensure project completion within a reasonable tmeframe subjectto existing workloads. Havener, NE will not be held responsible for unaroulabifdy of necessary project data and she access within the time frame agreed upon for the investigation. project delivery may be delayed rfthe ENTIRE signed pmposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information. This unsigned proposal is valid for GO days. payment. No deposit required with signed agreement. Directing NE to proceed with the work shall constitute acceptance of the terms of NE's proposal and these General Tense and Conditions. Balancedueupondeliveryofreport Interest at the rate of IM per annum or the highest rate allowable bylaw whichever is less, will be added mall amounts not paid within 30 daysaRer date of invoice. Allaftomey fees and expenses associated with collection o ipast due invokes will be paid by Client Insurance — NE maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law. In addition, we maintain Comprehensive General Liability Insurance and Automobile liability Insurance with bodily injury limits of $1,O00,000.00 and property damage limits of $1,000,000.00. A certificate of insurance can be supplied evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to cancellation. Right -of -Entry- Unless otherwise agreed, Client will furnish right -of -entry, on the property for NE to make the planned borings, surveys, and/or explorations. NE will not be responsible for removing fences, earth berms, vegetation a other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to the property caused by Its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount If Client desires to restore the property to its former condition, NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide NE with proper access to conduct its work Damage to Existing Mantrlade Objects - It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to routes of access, field tests, sampling or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or over -ground obstructions, such as utilities, septic tanks, etc, NE will give special instructions to its field personnel. In addition, Client waives any claim against NE arising from damage to existing man-made objects. Warranty and LimNatlon of Liability - NE shall perform services for Client in a professional manner, using that degree of are and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is promptly notified in writing prior to one year after completion of such portion of the services, NE will re -perform such portion of the services, or if re -performance is impracticable, NE will refund the amount of compensation paid to NE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, Including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by am/ representations made regarding the services included in this agreement In no event shall NE or any of its professional employees be liable for any special, indirect, henclental or consequential cas or damages, including but not limited to impact and delay claims. The remedies set forth herein are exclusive and the rotaI liability of consultant whether in contract, rort (including negligence whether sole or contaners), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000AO, whichever is greater. At additional cost, Client may obtain a higher limit prior In commencement of services. PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification —Client agrees to defend, indemnity and save harmless NE from all claims, including negligence claims, suns, losses, personal injuries, death and property liability resulting from NE's performance of the proposed work, whether such claims or damages are caused in part by NE, and agrees to munburse NE for expenses in connection with any such claims or suits, including reasonable attamey's fees. Clients obligation to Indemnity is limited an $2 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by NE. Client further agrees that these general conditions area part of the Wands specifications or bid dau menus, if any. AN Nlev 2.1 R AR, 2051 NW 112tb AVENUE • MIAMI, FLORIDA 33172 • 305-824-0060 • FAX 305-824-8827 4 St. Lucie 772-408-1050 • Broward 954-941-8700 • Palm Beach 561-736-4900 11 Stantec Proposed City of South Miami Park 7435 SW 66rh Avenue, South Miami, FL Page 4 of 4 Sampling or Testing Laotian - Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying ofthe site or the accurate horizontal and vertical locations of tests. Held tests w boring locations described in our report or shown on our sketches are based on specific information furnished to us by others and/or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. It Is understood that all drilling locations are amessible to conventional truck mounted drilling equipment unless otherwise specified by the client. If unscheduled remobilbabons or use of po ble or all terrain equipment is required additional charges will apply. NE will attempt to clear utilities at our excavation/test locations by manual drilling to 3' below land surface (BIS). Any utilaies/obstructions present at client specified test locations or below 3' BLS will be the responsibility of the client Sample Handling and Retention -Generally soil test samples are retained for approvmately three months after which time they will be discarded unlesswritten instructions to the contrary are received from the client Legal ludsdlcdon - The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Palm Beach Courrty, Florida. Any and all causes of action arising out of NPs performance of the Work Including but not limited to claims for indemnity, contribution and equitable subrogation, shall be deemed to have accrued and the applicable opiates of limitations shall commence to run not later than the date of NE's last invoke for the Work performed hereunder. Force Majeure- HE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, c'MI or military authority, acts of Gad, act or omission of subcontractors, carters, client or other similar causes beyond its control. Coc mlmts - HE shall be entitled to rely upon the accuracy and completeness of all surveys, reports and information furnished by the client gconditiom diBerent from those described in ou- report are found at the site, HE should be notified in writing immediately upon discovery. NE reserves the right to revise conclusions and recommendations presented in the final report shad additional information regarding the project become available. All permits will be obtained by others unless otherwise specified in this proposal or in wrfing to NE. NE has no liability for mnsequences of information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily evmined by HE in such investigations within the time frame allowed for this investigation under this agreement The client entities ideri fled in winning an the address portion of our report, design team professionals engaged by our client and building official staff are entered to use and rely upon HE'S reports for purposes of the current project Other parties are not author'ved to use or relyupon NE'S reports unless NE so states in wmfivg NE - General Contract Terms and Conditions May 2017 12 XH>gs°eft o 2051 NW 112t AVENUE • MIAMI, FLORIDA 33172 • 305-824-0060 • FAX 305-824.8827 St. Lucie 772-408-1050 • Broward 954-941-8700 • Palm Beach 561-736-4900 LLONG ITUD ESURVEYORS Tuesday, November 26, 2019 Carlos M. Herdocia, P.E., LEED AP Stantec 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, FL 33134 RE: Surveying services for 7435 SW 66 Avenue, City of South Miami, FL Dear Mr. Herdocia, VIA EMAIL: carlos.herdocia@stantec.com 7435 SW 66 Avenue Pursuant to your request regarding a fee estimate for Surveying and Mapping 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 Topographic/Bathymetric/Tree Survey to include the following information: • Longitude Surveyors will set horizontal and vertical control around the land side perimeter of the area of interest. • Right -of -Way and property lines for the project area will be shown graphically. • Longitude Surveyors will collect sidewalks, curbs, catch basins, signs, entrances, trees, and any other significant above -ground improvements. • Longitude will collect elevations equivalent to a 100-foot grid. • Longitude will collect existing drainage information such as rim elevation, pipe size, pipe material, pipe direction, and inverts. • Longitude will collect canal cross -sections extending arm's length into the canal. The canal cross -sections will be adjacent to the property line, extending five feet beyond the property line. • Longitude will locate trees and palms within Survey limits having a 3-inch diameter or greater at breast height (DBH) or being 12-feet in height or greater to include the following for each: scientific name, common name, diameter at breast height (DBH), height of tree, and canopy. LS will collect elevation at the base of each tree within Survey limits. • The Survey will be geo-referenced to the State Plane Coordinate System, based on the North American Datum of 1983/2011. • All elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29), unless Client provides written notice at time of Notice to Proceed (NTP). B. Deliverables: LS will prepare four (4) signed and sealed paper copies and a pdf file of the resulting Survey. C. Survey Limits: 7435 SW 66 Avenue, Miami, Florida 33143, (City of South Miami new park), as per attached Exhibit provided by Client. D. Fee: The total professional fee to complete this task shall be a lump sum of 7 800.00. I agree that by signing below "I APPROVE AND ACCEPT" this proposal as a legal binding contract. By: Date: (Authorized Signature) Title: (Typed or printed name) Respectfully Yours, L/Tl� w� .� au Eduardo M. Suarez, PSM/Presid nt 13 LONGITUDE SURVEYORS 7769 nw 48 street suite 375 • dotal, FL 33166 • ph: 305.463.0912 • tax: 305.513.5680 Ri E Wg �p We 2 `F n m V fig i its s � a _ •°+Y, yy°ell as jig o- t $e 9,4 uo Hill Y1 a X, ]S A Qa kk y�y�jj W a . a P d 22e d TALL,E68 EE s / bk c '$� sp•w•srw+aur n+n w \\�\ �55[g� •q13�� S a gig 3 \\ �t6�lliE EEi °i Qualification Statement - Part 2 -Standard Forms EXHIBIT PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 THIS AGREEMENT made and entered into this day of kpAUf , 20M_ 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 5 -1 C 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 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 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 Services The CONSULTANT shall perform the work as set forth in the Scope Of Services as described in the Notice to Proceed. 3.0 Time for 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 fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by 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 15 Page S I of 66 ft-nf a City of South Miami - RFO tiPW2016-22 j Professional Generol Engineering and Architecturol Services 1111,4 QuaGflcation Stater, ient - Part 2 - Standard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month 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 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. 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 objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth -in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The 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 to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, 16 Page 52 of 66 City of South Murat - RFQ 0PW2016 22 Professional General Engineering and Architectural Services I> > 5 n—t uallnaotion Statement - port 2 - Standard Forms 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 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be 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 (S) years following the issuance of the Notice to Proceed. 15.0 Default. 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 Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be 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 17 Page 53 of 66 fir: �•^ City of South Miami - RFQ OPW2015 22 Professional General Engineering and Architectural Services 1116 Qualification Statement - Part 2 - Standard Forms AGREEMENT. 19.0 Taxes. 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 Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace 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 shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement, Modification. and Binding Effect: This 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 CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, 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 -Jua Trial. 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 Validity of Executed Copies, This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the 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 S4 of 66 18 City Of South Miami - RFQ 0PW Professional General Engineering and Architectural Services �> > > Quall5caiion Staienen' - Part ? - Standard Forms 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 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable 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. 3 1.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, 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 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 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 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 effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Parry 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 SS of 66 19 City of South Miami - RFO 5PW2015-22 Ii 18 Professional General Engineering and Architecfurol Services Quaifficotion Sto�emsnt - Port 2 - Siandara Form anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Maieure. 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/subconsultants 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 CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public .records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the 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. IP THE CONTRACTOR HAS QUESTIONS REGARDONG THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: ff menendez@southmiamifl.gov; 6130 Sunset Drive, South Niami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page S6 of 66 20 City of South Miorri - RFQ OPW2016-22 Professional General Engineering and architectural Services I S Qualification Staienent - Part 2 - SfanGcrd Forms 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 entities 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: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepee-southmiamifl.gov To CONSULTANT: 42.0 CorRorate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied 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. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. c C UL7' T: By a a, , LE R Vice President Stantec Consulting Services Inc. (Print Name !fib ATT D: Maria M. Menendez, C-KC City Clerk City of South Miami By: �- St ven Alexander City Manager Page S 7 of 66 21 •"r ' • City of South Miomi - RFQ 0 PW2016-22 Professional General Engineering and Archilecturot Services 120 Mead and Approved as to Form, Language, Legality and Execution thereof: By: Thomas F. Pepe, Esq. City Attorney Stantac Page 58 of 66 Quatificallon Statement - Part 2 - Standard Forms Cily or Soulh Miami - RFO + MV2016.22 1191 1 9 i P(oressional Generd Engillwing cnnd A(cldlecturol Seivicc-s i W-A South Miami na taT w nuwrr tMOV. ADDENDUM 4O PROFESSIONAL SERVICE AGREEMENT "Paotesslonal General Engineering and Architectural Services" RFQ #iPW2016-22 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 Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Servicee is defined as: o Ceaffied Arbodst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's land Development Code. The review Includes the initial site inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTANT: #Mani 6AI000A, V. P. (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: Thomas F. Pepe, City Attorney City of South M �r i By: Steven Alexander, City Manager c 23 ATTACHMENT A PROFESS8®6AL SERVICE AGREEMENT `•Pactstm8 c avil EngMewft mW Avddem°� SemEoe" Page 59 of 66 mhomes P. Pop® IWI IM 16 143 24 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 25 ATTACHMENTS 9NSURANCE & BNDENNIFOCATOON REQUIREMENTS PRWESS®N4L si FAVICE AGREEMENT 194WessionaB GenwW Engineering =W ArddtattuM Services" WQNPW201&22 1.010 Inanave 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 dams which may arise out of or result from the contract or the perfonnana a 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. R. No insurance required o y 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 CWf s sole and absolute discretion. The FIRM shall purchase Insurance from and shall maintain the Insurance with a company or companies lawfully au¢horked 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 therm or by anyone for whose acts any of them may be liable: (a) dims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages. other than to the Work itself, because of Injury to or destruction of tangible property, Including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (p) 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 Flrm's InsuMnGe Gan erali —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 Workerx' 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. Page 60 of" Thelma P. Pe* 10113=16 145 W 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 Cornmerc! I ompmhen ive Goneral Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of Interest with gross liability provision, and personal injury and property damage liability with limits of $ I,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 Commerdal Comprehensive General Liabilit 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 legate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability poficy, 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, Corpse and Underground Hazard Coverage (e) Broad Form Property Damage (� 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 Dame LiabVity. 1.01 S Business Automoftlle Llab I€tv 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 SUBCONTRACT: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shag 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 (Jullders' 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 1 W I312016 146 27 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 contram 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 IWlscellaneous: 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 deducdWes 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. Ali policies shad contain a "severability of interese" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRMS duty to indemnify the City as provided In this Agreement. 1. 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 wrath 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"; hp ma of 86 Thmm F. Pope ras3aera 147 28 (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 Mlami ten (90) 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 Uability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per clalm if any, not to exceed S% 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 Uability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus tines carrier unless authorb and in writing by the city at the city's sole, absolute and unfettered discretion. Indemnififca don Requirement G. The Firm accepts and voluntarily Incurs a0 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 actor harmful conduct of ehe 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 Thomm F. Pepe 10/13/2016 148 29 officers, affiliates, employees, successors and assigns, Including their attomey's fees, in the defense of any action in lawn 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, representative% employees, or assigns. and/or arising out oL or Incident to, this Agreement. or Incident to or resulting from the performance or non-performance of the F irrn's obligations under this AGREEMENT. The Firm agrees and recognizes that neither the CITY nor Its officers, affllatesh 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 reviewring, 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 lawn firm approved by the City of South Kaml, which approval will not be unreasonably withheld. L. However. as to design professional contracts, and pursuant to Section 725.08 (0). 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, reckksmess, 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 PW 64 of" Thanes T-. ft" INISMIG 149 30 3 V II F �o iW W F _ c a � rQz e2 f 96 zEde o o a Rx a? - '^ Rio 9 m o , 9 Ea o'er" 04� =0 o S may. p V N a b ho O W F d u s O• u = •may a o� u E w U a 7 < z p� Nyo 'tea�gom Y0Px¢: .3 W os i4�Fi F<qt 'o e a Z9^ s w `a 0 i sCAE: r=w• � 1 II 3 tq� t_1 pp C ,a 6"F3tZP3Fl) \\ ESSd�ad 8. e q qq9 1\ _e6 k` 6T P r n 4G \ S\ 41, W role n \\\ _ ,.,, ❑ „a \ 2 � � ggg y$ 3 Lg ng g_ '�E637a<k6p' w�'C'sf6 � O I iio yy d�5pp'8rr�(�j�p e ��dibe$.lEi a3F! � �`e if S (1 SBeb \ �����g� � ' •r� R� Vin r. p p, o' Se0.Ofi'S8-W 13fi.65'(P6M) \\\ a.W1S E:�BEEff�iE i. g 4 z S.W.74th 78WnCE \\\\ \\ \\ p gq' •� w o a 3 =.. HMll, Mill, JI�a��3� °eS