Res No 026-20-15466RESOLUTION NO.: 026-20-1 5466
A Resolution authorizing the City Manager to negotiate and enter into a contract
with SRS Engineering, Inc. to complete construction documents and related matters
concerning new lighting improvements to the existing tennis courts and parking lot
at Dante Fascell Park.
WHEREAS, pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, staff desires to engage SRS Engineering,
Inc. to provide electrical engineering design, permitting, and construction administrative services for
a new LED lighting system for the existing tennis courts and parking lot at Dante Fascell Park; and
WHEREAS, all work shall be in accordance with the accepted practices and design standards
of the City of South Miami, Miami -Dade County and local regulatory agencies. In summary, the scope
of work entails site visits and field investigations as needed, project management and permit
coordination through City of South of South Miami and Miami -Dade County DERM, specifications
and construction 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, this engagement is one step closer to better meeting the needs of residents and
visitors at Dante Fascell Park. New LED lighting will extend tennis recreation play hours, allow for
the scheduling of league and tournament play during evening hours, promote and improve physical
and mental health, permit adjacent schools the opportunity to utilize the facilities after -school hours,
and increase and improve economic activity; and
WHEREAS, the total expenditure will not exceed $27,850 and shall be charged to Parks &
Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of
$546,988 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 enter into a contract with SRS
Engineering, Inc. to complete construction documents and related matters concerning new lighting
improvements to the existing tennis courts and parking lot at Dante Fascell Park for an amount not
to exceed $27,850.
Section 2. Corrections. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the final resolution
for signature.
1
a
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 3 rd day of March, 2020.
ATTEST: APPROVED:
CITY C ERK ;'MAYOR
READ AND APPROVED AS TO FORM
LANGUAGE LEGALITY AND EXECUTION
THEREO��!
f
CITY ATTORNEY Jl
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Gil:
Commissioner Liebman:
Commissioner Harris:
2
Agenda Rem NoA.
City Commission Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with SRS Engineering, Inc. to
complete construction documents and related matters concerning new lighting improvements to the existing
tennis courts and parking lot at Dante Fascell Park. 3/5 (City Manager -Parks & Recreation)
Suggested Action:
Attachments:
Memo -Tennis Light Design Drawings (QLP).docx
Res olution-Design_Draw ings_Tennis_LightCArev. docx
Proposal-SRS Engineering, Inc.pdf
CCNA Reso. #060-17-14861.pdf
SRS Professional Service Agreement.pdf
Southkiami
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: March 3, 2020
SUBJECT: A Resolution authorizing the City Manager to instruct and to pay SRS
Engineering, Inc. to complete construction documents related to new
lighting improvements to the existing tennis courts and parking lot at
Dante Fascell Park.
BACKGROUND: To better meet the needs of residents and visitors at Dante Fascell Park,
staff recommends the addition of a new LED lighting system over the
existing six (6) clay tennis courts. New LED lighting will extend tennis
recreation play hours, allow for the scheduling of league and tournament
play during evening hours, promote and improve physical and mental
health, permit adjacent schools the opportunity to utilize the facilities
after -school hours, and increase/improve economic activity.
Furthermore, the addition of new lighting will pay for itself through
increase usage thus generating more revenue to cover day-to-day
operating expenses and capital outlay investment in just a few short
years.
Pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, staff desires
to engage SRS Engineering, Inc. to provide electrical engineering design,
permitting, and construction administrative services for a new LED
lighting system for the existing tennis courts and parking lot at Dante
Fascell Park.
All work shall be in accordance with the accepted practices and design
standards of the City of South Miami, Miami -Dade County and local
regulatory agencies. In summary, the scope of work entails site visits and
field investigations as needed, project management and permit
coordination through City of South of South Miami and Miami -Dade
County DERM, 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
E
lkSouth Miami
THE CITY OF PLEASANT LIVING
EXPENSE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
administration services. The anticipated length of service is
approximately four (4) to seven (7) weeks commencing after the notice
to proceed.
Proposal/contract amount shall not to exceed $27,850.
ACCOUNT: The total expenditure shall be charged to Parks & Recreation Capital
Improvement, account number 301-2000-572-6450, which has a balance
of $546,988 before this request was made.
ATTACHMENTS: Resolution
Proposal —SRS Engineering, Inc.
CCNA Reso.#060-17-14861
Copy of SRS Professional Service Agreement
3
SW 747H COURT, SUITE 201, MIAMI, FLORIDA 33155
TEL: 305-662-8887 FAX: 3O5-662-0858
WWW.SRS-CORP.COM ES-00007317
February 19, 2020
Mr. Quentin Pough, CPRP, CPSI
Director, Parks & Recreation Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: City of South Miami
Dante Fascell Park
Tennis Court and Parking Lighting Improvements
Dear Mr. Pough,
We appreciate this opportunity to prepare this Proposal for Professional Services for the
referenced project. In accordance with our Professional Services Agreement for General
Engineering and Architecture Services, we are submitting our understanding of the Scope of Work
and Fee Proposal to provide Engineering Services in connection with the referenced project.
The Scope of Work as we understand it at the present time will consist of the electrical engineering
design, permitting, and construction phase services for the installation of lighting improvements
to the existing tennis courts and parking lot at Dante Fascell Park located on Red Road and SW
871 Street. All work shall be in accordance with the accepted practices and design standards of
the City of South Miami, Miami -Dade County and local regulatory agencies.
This work will include the following:
Design Services:
1. Provide Project Administration services, including attending meetings and coordination with
City Staff and Electrical Engineer to discuss project and City requirements
2. Conduct site visits and field investigations as needed for design.
3. Research of existing surveys and "As -Built" drawings of previous projects within the project
area.
4. Prepare base plans from previous survey information and incorporating utility as -built
information obtained from City, MSA and SRS.
5. Provide project management including coordination with electrical engineer, submittals to
City for review and comments and final completion of design drawings and specifications.
6. Provide plans processing and permitting through City of South Miami Building Department.
7. Prepare submittal to the City of South Miami's Environmental Review and Preservation
Board (ERPB) and attend ERPB meeting for approval of project (if required). 6
February 19, 2020
Page 2
8. Provide plans processing and permitting through DERM for approval of project (if required).
9. Provide limited construction phase services including coordinating with electrical engineer
and attending pre -bid meeting, pre -construction meeting and 2 site inspections during
construction.
SUBCONSULTANTS
The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation
of the work outline above.
Basulto S Associates, Inc. (Electrical Engineers) — Please see attached fee proposal for
additional information.
SCHEDULE OF WORK - TIME OF PERFORMANCE
Consultant shall begin work within five days from notice to begin and shall have the existing
conditions photos and report within one week and 100% completed drawing for City review within
four weeks thereafter.
ACCEPTANCE
This proposal and fee schedules are based on the acceptance within thirty (30) days of the date
of preparation. If not accepted by you within that time period, we reserve the right to re-evaluate
the terms and conditions contained herein.
ACCEPTANCE OF PROPOSAL
We would expect to commence our services promptly after receipt of your acceptance of this
proposal.
COMPENSATION
Our Engineering Fees for the above described Basic Services will be a lump sum amount shown
below. Please see attached fee breakdown for additional information. Payment will be based on
monthly invoicing as a percentage of completion of work.
Our Engineering Fees are as follows:
Lighting Design (Basulto)....................................
Project Coordination and Administration (SRS)
Submittal to ERPB (if required) (SRS).................
Submittal to DERM (if required) (SRS)................
Reimbursable expenses and Permitting Fees....
Total......................................................................
.... $ 18,540.00
...... $ 5,580.00
...... $ 1,025.00
...... $ 1,025.00
..... $1,500.00
.... $ 27,850.00
0
7
February 19, 2020
Page 3
This Proposal and our City Agreement with the City represents the entire understanding between
the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be
modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute
the original of this Agreement where indicated below and return to our office.
Very truly )yours,
Jtez::
P.E.
I have read the foregoing Letter of Agreement and agree to all terms and conditions stated
therein.
Accepted this day of 12020
City of South Miami
In
Title:
B A S U L T 0
A S S O C I A T E S
C O N S U L T I N G E N G I N E E R S
February 07, 2020 Proposal # 2020017
Mr. Ignacio Serralta
SRS Engineering, Inc.
5001 SW 74 Court, Suite 201
Miami, Florida 33155
Project: Dante Fascell Tennis Park
Location: 8700 SW 57th Ave, South Miami, FL 33143
Dear Mr. Serralta
We are pleased to submit our proposal to provide Professional Engineering Services for the
above -mentioned project.
Basic Services:
Our scope of work will consist of:
Design of tennis court lighting system for higher recreational light levels (based on Musco system)
and parking lot lighting per Miami -Dade Ordinances (add alternate). Book specs are also
included. Construction Document level drawings shall be prepared in accordance with local
codes. Drawings shall be submitted along with any required calculations for permit. Site visit
during design to verify existing conditions shall be considered part of basic services.
Assistance in obtaining permit in the form of responding to comments and meeting with building
officials to resolve issues if necessary, shall be considered part of Basic Services.
Construction Administration shall include response to RFI's, shop drawing review, pre -bid
meeting, pre -construction meeting and 4 site inspections during construction.
Compensation:
Our proposed fee shall be as follows:
Design proposed fee:
$14,250.00
Construction Administration proposed fee:
$ 4,290.00
Total Proposed fee:
$18,640.00
Payments are requested as follows:
30% Retainer to begin project $ 5,562.00
70% @ 100% Document Completion $12,978.00
Payment is according to the listed prices above. In accordance with Florida Statutes, Section 715.12, "Prompt Payment Law" we
reserve the right to accrue interest at a rate of 12% APR, beginning 14 days after payment is due.
0
14160 Palmetto Frontage Rd. Suite 22 Page I of 3 Phone (305) 698-3988
Miami Lakes. Florida 33016 "rw%c.basulto.com Fax (305) 698-3989
Proposal # 2020017
Exclusions:
• Processing or walking drawings through the building department are not included
• As -Built Drawing are not included
Additional Services:
• Modifications to drawings due to owner requested or value engineering changes shall be
considered additional services and shall be billed accordingly.
• As -Built Drawings, Close-out Drawings shall be considered additional services and shall
be billed hourly.
• In -House printing charged at $0.20 square feet.
Compensation for Additional Services shall be hourly at:
Principal Hours:
$265.00
Engineering Hours:
$190.00
Drafting Hours:
$140.00
Clerical Hours:
$ 85.00
Thank you for an opportunity to serve you. We look forward to working with you on this project.
Should you have any questions, please do not hesitate to contact our office.
Rene I. Basulto, PE, MSEM
CGC, CFEI, CPE, CPD
Principal
B sAs S& �, T r O Page 2 of 3
10
Proposal # 2020017
LETTER OF AGREEMENT ACCEPTANCE
I, the undersigned, having authority to execute this Agreement for and having read and
understood this proposal and attachments, hereby agree to terms and conditions stated herein
as well as to any terms and conditions attached hereto and made part of this Agreement. Please
return one executed copy to BASULTO & ASSOCIATES, INC. and keep the other for your
records.
Signature
Printed Name
Please make checks oavable to: "Basulto & Associates, Inc."
Credit Card Information (Optional)
'Payments will be automatically withdrawn from account according to payment schedule of completion of services'
Credit Card Type: [ ] Visa [ ] MasterCard [ ] Amex
Expiration date:
Credit Card No:
Security Code: Zip Code:
Name as it appears on Credit Card:
Email:
Cardholder Signature: Date:
11
B A S U L T O Page 3 of 3
A b 5 0 4- 1 A i r 5
ENGINEERING COST BREAKDOWN
City of South Miami
Dante Fascell Park
Tennis Court and Parking Lighting
DATE: 2/162020
ACTMTY
PRINCIPAL
SR. PROD. MGR
SR ENGINEER
ENGINEER
CAO TECH
CLERICAL
TOTAL
TOTAL
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HOURS
COST
BY SRS
Proleot Manaaeaaerd and Admtnlaba6on
5180.W
SIN.W
S125.00
S90.W
S55.00
345.0D
%aletl Admmssalion and Coordination unit, City
4
$160.00
$150.W
$125.00
$90.0
Si
4
S45.00
8
SM.W
Ste Vnds
1
31W.W
S150.W
5125.00
SW.W
W5.W
54s.W
1
S160,W
Researtlt d zweyz and as4fia information
$160.00
2
SISD.W
$125.00
$90.00
$65.00
$15.W
2
S300.00
praparadm a base plan
$1W.W
1
$1W.W
312SW
S90.00
8
Si
S45.W
9
$6T0.00
"oot rwWmrn tludnp deaipn
S180.W
a
31W.W
S12SW
WD.00
$65.W
Si
8
$1,2W.00
Ptanz promvrp and penni(Oty of So. Mann
$125.00
4
$90.00
1
W5.W
S45.0p
9
$1,025.W
Rana paxas^Y and penfir tq(DERM)
31W.W
S125.W
6
SW.W
1
WSW
51SW
11
$1,205.WOrSnp(ERPB)
$150.W
$121
4
$ 0.00
1
355.0D
515.00
9
S1,02SW
Tunnel Corasaudan Pbaze ServimsE150.W
Isimm$150.W
5125.W
4
$W.W
SeS.W
1
545.W
11
51.3W.W
5150.W
$125.W
S90.W
S05.00
S45.W
0
SOW
$15o.p0
312SW
S90.W
505.00
51s.W
0
SO.W
TOTAL
S150.W
0
3125.W
16
SW.W
it
$65.00
5
1 S1s.W
68
$7.810.00
AC WBY OTHERS
DESCRIPTION
COST
8asdto and Assadates, Ina.
Cana nPhaae Sin ims
$14,250.00
Besulta and Asa dates. Inc
Conandion Mani. Sam.
S62W.W
TOTAL n
S1a,640A0
ACnMES BY Site(5dariez) ST.610 I 1.W 1 S7,810.W
ACTh4nES W OTHERS 318,51
Efli,mrod 01 OF POCKY E%PENSE indud'Rp rtprodutlion mats and Penrillin9 Sass etc 51,5W.W
TOTAL THIS PROPOSAL = $27,850.00
12
RESOLUTION NO: 060-T7-14861
A Resolution authorizing the City Manager to enter into a multi -year contract
with EAC Consulting, inc., Marlin Engineering, Inc., SRS Engineering, Inc., and
Stantec for general engineering services on an as needed basis.
WHEREAS, the City solicited a Request for Qualifications (RFQ) to retain qualified
consultants to provide various professional and general engineering and architectural
services on an as needed basis; and
WHEREAS, the professional services are required on an as needed basis and on a
rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive
Negotiation Act;" and
WHEREAS, a Selection Committee comprised of City staff, reviewed the
proposals received and identified a short list of respondents for further review; and
WHEREAS, the short list of respondents were interviewed by the Selection
Committee and subsequently scored and ranked; and
WHEREAS, according to the terms and scope of services in the RFQ, the City
Intends to retain a maximum of four (4) qualified firms under four (4) separate but
similar agreements to fulfill the City's needs and meet the requirements for quick
response and specialized services; and
WHEREAS, the Mayor and City Commission desires to authorize the City
Manager to execute the professional service agreements.
WHEREAS, the Professional Service Agreement with the firms shall be for a term
of three (3) years and an option to renew, at the discretion of the City Manager, for one
(1) two (2) year renewal for a maximum term of five (5) consecutive years.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to enter into non-exclusive
multi -year contracts with the firms for professional and general. engineering services on
an as needed and on a rotation basis in accordance with Florida Statute 287.055,
"Consultants Competitive Negotiation Act" and shall be for a term of three (3) years and
an option to renew, at the discretion of the City Manager, for one (1) two (2) year
renewal for a maximum term of five (5) consecutive years. A copy of the contract is
attached.
Section 2. Severability. If any section, clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
13
Page 1 of 2
Res. No. 060-17-14861'
1
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:
I - 9&94AA
CITY CLERK MAY R
COMMISSION VOTE: 5-0
READ AN"PYROVED AS TO FORM,
'CEGALI D CUTION Mayor Stoddard: Yea
THERE Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
NEY Commissioner Edmond: Yea
Page 2of2
14
South Miami
THE.OTY OF PLEASANT LIVING
CITY OF SOUTH NIIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE:. March 21, 2017 Agenda Item No.:
_0
SUBJECT: A Resolution authorizing the City Manager to enter into a multi -year contract with EAC
Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general
engineering services on an as needed basis.
BAaceRouND: _ The City issued a Request for Qualifications (RFQ) to retain qualified consultants to
provide various professional and general engineering and architectural services, on an
as needed basis and on a rotation basis, In accordance with Florida Statute 287.055,
"Consultants Competitive Negotiation Act." Nineteen (19) proposals were received in
response to the RFQ.
A Selection Committee comprised of Jane Tompkins/Planning Director, Shari
Kamali/Deputy City Manager and Chairperson, Grizel Martinez/Public Works Project
Engineering met on January 19, 2017 to review the proposals and identified a "short
list" of a total of eight respondents for further review and oral interviews. Interviews
were scheduled on February 1, 2017 with the following "short list" respondents:
1. Calvin Giordano
2. Corradino Group
3. EAC Consultants
4. Marlin Engineering
5. RJ Behar
6. SRS Engineering
7. Stantec
8. TY Lin
Immediately after the oral Interviews were completed, Selection Committee scored and
ranked the short list respondents. Based on the final scores and rankings, EAC
Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec were the
highest ranked respondents. The Selection Committee's combined final 'short list"
rankings are below: •
Calvin
Corradino
EAC
Marlin
RJ
SRS
TY
Evaluator
Stantec
Giordano
Group
Consulting
Engineering
Behar
Eng.
LIN
Shari
92
93
96
100
96
97
98
100
Kamali
Grizel
91
91
96
95
95
97
90
96
Martinez
Jane
85
70
90
90
80
85
90
75
Tompkins
TOTAL 268 2S4 282 285 271 279 278 271
RANK 7 8 1 S 3 4, 5
15
1 N
South -Miami
THE CITY OF PLEASANT LIVING
VENDORS &
PRopom Amowr:
FUND &
AccouNr.
ATTACHMENTS:
CITY OF SOUTH MIAM
OFFICE OF THE CITY MANAGER
I1WER-01FICE MEMORANDUM
In accordance with the Scope of Services In the RFQ and Florida Statute 287.055,
"Consultants Competitive Negotiation Act," and, in order to fulfill the City's needs and
meet the requirements for quick response and specialized services, the City intends to
retain a maximum of four (4) qualified firms under four (4) separate but similar
agreements.
Consultant fee schedules to be negotiated.
Expenditures related this contract shall be charged to the Capital Improvements Account
on an as needed basis.
Resolution .
RFQ t#PW2016-22
Pre -bid Sign -in Sheet
Bid Opening Report
Selection Committee Short List
Selection Committee Final Rankings
Professional Services Agreement
Sun-Blz Report
16
.. S4lSRl�i;
CITY. OF SOUTH MIAMI
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
Submittal Due Date: December 5, 2016 at 10:00 AM
Solicitation Cover Letter
The City. of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive
officer (City Manager) hereby solicits sealed* responses to the City's request (hereinafter
referred to as "Request for Qualifications" or "RFQ"). The City desires to retain professional
consultants to provide services as required under a non-exclusive continuing services contract
Selection of consultants shall be in accordance with Florida Statute ' 287.055,
"Consultants Competitive Negotiation Act." AI.I references in this Solicitation (also
referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a
reference to the City of South Miami or the City Manager (or manager's designee), for the
City of South Miami as the context warrants or unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFQ '#PW2016-22 titled
"Professional General Engineering and Architectural Services." The purpose of this
RFQ is to contract for the services necessary. for* the completion of the project in accordance
with the Scope of Services. Exhibit 1,), described in this RFQ (hereinafter referred to as "the
Project" or "Project").
Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at
the City Clerles office Monday through Friday from 9:00 A.M. to 4.00 P.M. or by accessing the
following webpage: httpJiwww.southmiamifl.gov/ which is the City of South Miami's web
address for'solicitation information. Proposals are subject to the Standard Terms and
Conditions contained in the complete RFQ Package, including all documents listed in the RFQ.
The Proposal Package shall consist of one (1) original unbound proposal, five (5) additional
copies, 3-ring binders are not permitted, and one (1) digital (or comparable medium
including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the
City Clerk located. at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143.
The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have
the following Envelope Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Professional General Engineering
and Architectural Services," RFQ #PW2016-22 and the name of the Respondent (person
or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal
Express will not be opened unless they contain the required Envelope Information on the front
or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either
by mail or hand delivery, no later than 10:00 AM local time on December 5, 2016. Hand
delivery must be made Monday through Friday from 8 AM to 5 PM to the office of
City Clerk.
Page I of 66
17
A public opening will take place at 10:00 AM. on the same - date in the City Commission
Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received
after 10 A.M. local time ' on said date will not be accepted under any circumstances. Any
uncertainty regarding the time a Proposal is received will be resolved against the person
submitting the proposal and in favor of the Clerk's receipt stamp.
A Non -Mandatory - Pre -Proposal Meeting will be conducted at City Hall in the
Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33143 on
November 15, 201.6 at 2:00 PM. The conference shall be held regardless of weather
conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as
to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package.
The City reserves the right to reject all responses to this RFQ- and to reject all persons who
respond to this solicitation, as well as the right of the City to, waive any. irregularity in the
responses to this RFQ or the RFQ procedure and the right to award a continuing service
contract to more than one Respondent when they are all of equal rank.
Maria M. Menendez, CMC
City Clerk
City of South Miami
Page 2 of 66
Thomas F. Pepe
10/1312016
SCOPE OF SERVICES and SCHEDULE OF VALUES
"Professional Genera! Engineering and Architectural Services"
RFQ ##PW2016-22
The Scope of Services and the Schedule of Values, if any, are set forth in the attached
EXHIBIT I.
END OF SECTION
Page 3 of 66
Thomas F. Pepe
MU201s 19
SCHEDULE OF EVENTS
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
No
Event
Date*
Time*
(EST)
I
Advertisement/.Distribution of Solicitation & Cone of'
Silence begins
10/26/2016
2:00 PM
2.
Non Mandatory Pre-RFO Meeting
.11115/2016
2:00 PM
3
Deadline to Submit Questions
11/21/2016
10:00 AM
4
Deadline to City Responses to Questions
11 /29/2016
10:00 AM
Qeadline to Submit RFQ-Response
12I5/2016
10:00 AM
6
Projected Announcement of selected Contractor/Cone
of Silence ends -
1 12/20/2016
1 7:00 PM
END OF SECTION
Page 4 of 66
Thomas F. Pepe
10/13/2016 20
INSTRUCTIONS for RESPONDENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE
THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS
THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY
CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON. THE RFQ FORM.
1. Purpose of RFQ. The City of South Miami is requesting proposals for the lowest and. most
responsive price for the Project. The City reserves the right to award the contract to the
Respondent whose proposal Is found to be in the best interests of the City.
2.. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from
firms normally engaged in providing the services requested. - The proposing firm must
demonstrate adequate experience, organization, offices, equipment and personnel"to ensure
prompt and efficient service to the City of South Miami. The City reserves the right, before
recommending any award, to inspect the offices and organization or to take any, other
action necessary to determine ability to. perform in accordance with the specifications,
terms and conditions. The City of South Miami will determine whether the evidence ' of
ability to perform is satisfactory and reserves the right to reject all response submittals to
this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a
firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all
areas in which the services proposed do not fully comply with the requirements of this
RFQ. The decision as to whether an item fully complies with the stated requirements rests
solely with the City of South Miami.
4. Designated Contact The awarded firm shall appoint a person to act as* a primary contact
with the City of South Miami. This person or back-up shall be readily available during
normal work hours by phone, email, or in person, and shall be knowledgeable of the terms
of the contract
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees
that City's General Provisions, Terms and Conditions herein will. take precedence over any
terms and conditions submitted with the response, either appearing separately as an
attachment or included within the Proposal. The Contract Documents have been listed
below in order of precedence, with the one having the most precedence being at the top of
the list and the remaining documents in descending order of precedence. This order of
precedence shall apply, unless clearly contrary to the specific terms of the Contract or
General Conditions to the Contract:
a) Attachment/Exhibits to Supplementary Conditions
b) Supplementary Conditions to Contract, if any
c) Addenda to RFQ
d) Attachments/Exhibits to RFQ
e) RFQ
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
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Thomas P. Pepe
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I
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications. to
Proposals are not permitted, but the City may allow the proposing firm to withdraw an
erroneous Proposal prior to the confirmation of the proposal award by City Commission, if
• all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on -the part of
-the firm;
c) The error was discovered and communicated to the City within twenty-four (24)
hours (not including Saturday, Sunday or a legal holiday) of opening the proposals
received, along with a request for permission to withdraw the- firm's. Proposal; and
d) • The firm submits an explanation in writing, signed under penalty of perjury, stating
how the error was made and delivers adequate documentation to the City to
support the explanation and to show that the error was not the result of gross
negligence or willful inattention nor made in bad both.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter
shall apply to these instructions to Respondents and they are hereby adopted and made a
part hereof by reference:. If there is a conflict between the Cover Letter and these
instructions, or any other provision of this. RFQ, the Cover Letter shall govern and take
precedence over the conflicting provision(s) in the RFQ.
8. Any questions concerning the Solicitation or any required need for clarification must be
made in writing, by IO AM on November 29. 2016 to the attention of Steven P.
Kulick at skull k@southmiamifi.gov or via facsimile at (305) 66-3-6346.
9. The issuance of a written addendum Is the only official method whereby interpretation
and/or clarification of information can be given. Interpretations or clarifications, considered
necessary' by the City in response to such questions, shall be issued by a written addendum
to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or
other delivery method convenient to the City and the City will notify all prospective firms
via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect No plea by a
Respondent of ignorance or the need for additional information shall exempt a Respondent
from submitting the Proposal on the required date and time as set forth in the public notice.
11. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to
the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and
99-1. From the time of advertising until the City Manager Issues his recommendation, there
is -a prohibition on verbal communication with the •City's professional -staff, including the
City. Manager and his staff. All written communication must comply with the requirements
of the Cone of Silence. The Cone of Silence does not apply to verbal communications at
pre -proposal conferences, verbal presentations before evaluation committees, contract
discussions during any duly noticed public meeting, public presentations made to the City
Commission during any duly notice public meeting, contract negotiations with the staff
following the City Manager's written recommendation for the award of the contract, or
communications in writing at any time with any City employee, official or member of the
City. Commission unless specifically prohibited. A copy of all written communications must
be contemporaneously filed with the City Manager and City Clerk. In addition, you are
required to comply with the City Manager's Administrative Order AO I - I S. If a copy is not
attached, please request a copy from the City's Procurement Division.
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WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION
FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT,
NOTWITHSTANDING .THE MIAMI-DADE COUNTY EXCEPTION FOR
WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING
VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF
SILENCE SHALL, WITH- REGARD TO THIS SOLICITATION, ALSO APPLY
TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE
BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIM! CONE OF
SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL
APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall' not apply to...
(1) Duly noticed site visits "to determine the competency of bidders regarding
a particular bid during the time period between the opening of bids and the
time that the City Manager makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami-
Dade County Administrative Order 3-2-
(3) Communications regarding a particular solicitation between any person
and the procurement agent or contracting officer responsible for
administering the procurement process for such solicitation, provided the
communication is limited strictly to matters of process or procedure already
contained in -the corresponding solicitation document; and
(4) Communications regarding a particular solicitation between the
procurement agent or contracting officer, or their designated secretarial/
clerical staff' responsible for administering the procurement process for such
solicitation and a member of the selection committee therefore, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document."
12. Violation of these provisions by any particular Respondent or proposer shall render any
recommendation for the award of the contract or the contract awarded to said Respondent
or proposer voidable, and, in such event, said Respondent or proposer shall not be
considered for any Solicitation including but not limited to one that requests any of the
following a proposal, qualifications, a letter of -interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact shall only be made
through regularly scheduled Commission meetings, or meetings scheduled through the
Purchasing Division, which are for the purposes of obtaining additional or clarifying
information.
13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or
responses for this RFQ, are hereby placed on formal notice that neither City
Commissioners, candidates for City Commissioner or any employee of the City of South.
Miami are to be lobbied either individually or collectively concerning this RFQ. Contact
shall only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Purchasing Division, which are for the purposes of obtaining
additional or clarifying information.
14. Reservation of Right. The City anticipates awarding one contract.for services as a result of
this RFQ and the successful firm will be requested to enter into negotiations to produce a
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Thomas F. Pepe
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contract for the Project. The City, however,* reserves the 'right,, in its sole discretion, to do
any of the following
a) to reject any and all submitted Responses and to further• define or limit the scope of
the award.
b) to waive minor irregularities in the responses or in the procedure required by the
RFQ documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, f
important that all the parts of the Request for Qualification be completed in all.
respects.
e)* to negotiate modifications to the Proposal that it -deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract
to be insufficient and to proceed to negotiate with the. Respondent who made the
next best Proposal. The City reserves the right to proceed in this manner until it
has negotiated.a contract that is satisfactory to the City.
g) To modify the Contract Documents. The terms of the Contract Documents are }}
general and not necessarily specific to the Solicitation.. It is therefore anticipated
that the City may modify these documents to fit the specific project or work in
question and the Respondent, by making a Proposal, agrees to such modifications !,
and to be bound by such modified documents.
h) to cancel, in.whole or part, any invitation for Proposals•when it is in the best
interest of the City. !
i) to award the Project to the person with the lowest, most responsive, responsible
Proposal, as determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents,
other than to one who provided the lowest Proposal Price. !
k) if the Scope of the Work is'divided into distinct subdivisions, to award each !
subdivision to a separate Respondent
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants -that it
has not employed or retained a company or person, other than a bona fide employee,
contractor or subcontractor, working in its employ, to solicit or secure a contract with the
City, and that it has not paid or agreed to pay any person, company, corporation, individual
or firm other than a bona fide employee, contractor or sub -consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the
convicted vendor list pursuant to Chapter 287 following a conviction for a public entity
crime may not submit a Proposal on a contract to provide any goods or services, or a
contract for construction or repair of a public building, may not submit proposals on leases
of real property to or with the City. of South Miami, may not be awarded a contract to
perform work as a contractor, sub -contractor, supplier, sub -consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of
South Miami for a' period of 36 months from the date of being placed on the convicted
vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and
corrections must have the initials of the Respondent's authorized representative in blue ink
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at the location of each and every erasure and correction. Proposals shall be signed using
blue ink; all quotations .shall be typewritten, * or printed with blue ink. All .spaces shall be
filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time, and at the place and in such
manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the
Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the
Proposal. Respondent shall deliver to the City, as part of its Proposal, the following
documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashiers check), if required, attached to the Proposal
Form.
e) Certificates -of Competency as well as all applicable State, County and City Licenses
held by Respondent
f) Certificate of Insurance. and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this RFQ the following applies:
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog
number is mentioned in this Solicitation, whether or not followed by the words.
"approved equal", it is'for the purpose of establishing a grade or quality of material
only. Respondent may offer goods that are equal to the goods described in this
Solicitation with appropriate identification, samples and/or. specifications for such
item(s). The City shall be the sole judge concerning the merits of items proposed as
equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal
Form. In rase of a discrepancy, the City reserves the right to make the final
determination at the lowest net cost to the City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a
discrepancy between the unit price(s) and the extended price(s), the unit price(s)
shall prevail and the extended price(s) shall be adjusted to coincide. Respondents
are responsible for checking their calculations. Failure to do so shall be at the
Respondent's risk, and errors shall not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the - Respondent
free of charge to the City. Each individual sample must be labeled with the
Respondent's name and manufacturer's brand name and delivered by it within ten
(10) calendar days of the Proposal opening unless schedule indicates a different
time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within ten (10) calendar days of the request The City shall not be
responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein
are in conformity with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be
imposed which would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Proposal prior to their delivery, it shall be
the responsibility of the successful Respondent to notify the City at once, indicating
in its letter the specific regulation which required an alteration. The City of South
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Thomas F. Pepe
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Miami reserves . the right to accept any such alteration, including any price
adjustments occasioned thereby, or to. cancel all or any portion of the Contract, at
the sole discretion of the City and at no further expense to the City with thirty (30)
days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal
shall be firm for a period of one hundred eighty (180).calendar days from the date of
the Proposal opening unless otherwise stated in the Proposal Form. 'Incomplete,
unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall
be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to
the City conform In all respects to the standards set forth in the Occupational Safety
and Health Act (OSHA) and its amendments. Proposals must be' accompanied by a
Materials Data Safety Sheet (M.S.D.S) when applicable.
19. Liability, -Licenses & Permits: The -successful Respondent shall assume the full duty,
obligation, and expense of obtaining all necessary licenses, permits, and inspections required
by this RFQ and as required by law. The Respondent shall be liable for any damages or loss
to the City occasioned .by the negligence of the Respondent (or its agent or employees) or
any person acting for or through the Respondent. Respondents shall furnish a certified
copy of all licenses, Cgrtificates of Competency or other licensing requirement necessary to
practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami
.Code. These documents shall be furnished to the City as part .of -the Proposal. Failure to
have obtained the required licenses and certifications or to furnish these documents shall be
grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, -if required for
this Project
20. Respondent shall comply . with the City's Insurance Requirements as set forth in the
-attached- EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a
recommendation for award of the contract, or an award of the contract is made before
compliance with this provision, the failure to fully and satisfactorily comply with the City's
bonding, if required for this project, and insurance requirements as set forth herein shall
authorize the City to implement a rescission of the Proposal Award or rescission of the
recommendation for award of contract without further.City action. The Respondent, by
submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the
City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing,
producing or selling of goods intended to .be shipped or ordered by the Respondent
pursuant to this. Proposal, there has not been, nor will there be, any infringement of
copyrights or patent rights. The Respondent agrees to -indemnify City from any and all
liability, loss or expense. occasioned by any such violation or infringement.
22. Execution of Contract: A response to this RFQ shall not be responsive unless the
Respondent signs the form of contract that is a part of the RFQ package. The Respondent
to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees
to the terms of the form contract and to the terms of the general conditions to the
contract, both of which are part of this RFQ -package and agrees that Respondent's
signature on the Bid Form and/or the form of contract that is a part of the RFQ package
and/or response to this RFQ, grants to the City the authority, on .the Respondent's behalf,
to inserted, into any blank spaces in the contract documents, information obtained from the
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Thomas F. Pepe
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proposal and at the City's sole and absolute discretion, the City may treat the Respondent's
signature on any. of those documents, for all purposes, including the enforcement of all of
the terms and conditions of the contract, as the Respondent's signature on the contract,.
after the appropriate information has been inserted.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the
facilities of any or all Respondents to determine its capability to meet the requirements of
the Contract In addition, the price, responsibility and responsiveness of the Respondent,
the financial position, experience, staffing, equipment, materials, references, and past history
of service to the City and/or with other units of state, and/or local governments in Florida,
or comparable private entities, will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section
287.087, as amended, when requested shall be cause ' for rejection of the Proposal as
determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List
following a conviction for a public entity crime may not submit a 'response bn a contract to
provide any services to a public entity, may not submit RFQ on leases of real property to a
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for a period of 36 months from the date of being
placed on the Convicted Vendors List
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or
retained a company or person, other than a bona fide employee, contractor or
subcontractor, working in its employ, to solicit or secure a contract with the City, and that
it has not paid or agreed to pay any person, company, corporation, individual or firm other
than' a bona fide employee, contractor or sub -consultant, working in its employ, any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless
and covenant not to sue the City, its officials and employees in reference to its decisions to
reject, award, or not award a contract, as applicable, unless the claim is based solely on
allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement
by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be
released until and unless the Respondent wa'wes any and all claims that the Respondent may
have against the City that arise out of this RFQ process or until a judgment is entered in the
Respondent's favor in any suit filed which concerns this proposal process. In any such suit,
the prevailing party shall recover its attorney's fees, court costs as well as expenses
associated, with the litigation. In the event that fees, court costs and expenses associated
with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this
project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent
28. Cancellation: Failure on the part of the Respondent to comply with the conditions,
specifications, requirements, and terms as determined by the City, shall be just cause for
cancellation of the Award or termination of the contract
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a
Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of
the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal
check shall not be deemed a valid Proposal Security.
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Thomas F. Pepe
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f
30. Performance. and. Payment Bond: The City. of South Miami may require the successful i
Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% �
of the total Proposal Price, including Alternates if any, naming the City of South Miami, and !
the entity that may be providing a source of funding for the Work, as the obligee, as
security for the faithful performance of the Contract and for the payment of all persons or
entities performing labor, services and/or furnishing materials in connection herewith. The
bonds shall be with a surety company authorized to do business in the State of Florida.
30.1. Each Performance Bond shall be in the amount of one hundred percent (1007)
of the Contract Price guaranteeing to City the completion and performance of the !
Work covered in the Contract Documents.
30.2. Each Performance Bond shall continue in effect for five* year after final !
completion and acceptance of the Work with the liability. equal to one hundred
percent (100%) of the Contract Sum..
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material
man, laborers, or subcontractor employed pursuant to this Project
30A. Each Bond shall -be with a Surety company whose qualifications meet the
' i
requirements of insurance companies as set forth in the insurance requirements of
this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent
shall ensure that the Bond(s) referenced above shall be recorded in the public records
of Miami -Dade County and provide CITY with evidence of such recording.
30.6. The surety company shall hold a current certificate of authority as acceptable '
surety on federal bonds in *accordance with the United States Department of Treasury
Circul4r 570, current revisions. 1
31. Proposal Guarantee.: Notwithstanding the fact that the Respondent, in submitting a
proposal, agrees to the terms contained in the form of contract that .is part of this RFQ
package, the successful Respondent, within ten (10) calendar days of Notice of Award by
the City, shall deliver, to the City, the executed Contract and other Contract I
Documents that provide for the Respondent's signature, and deliver to the City the
required .insurance documentation as well as a Performance and Payment Bond if these
bonds are required. The Respondent who has'the Contract awarded to it and who fails
to execute the Contract and. furnish the required Bonds and Insurance Documents
within the specified time shall, at the City's option, forfeit the Proposal/Bid BondlSecurity
• . that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as
liquidated damages by the City. It is agreed that if the City accepts payment from the
Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will
sustain in rase the Respondent fails to sign the. Contract Documents or fails to furnish
the required Bonds and Insurance docum* entation. if the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent
fails to perform in accordance with the Contract Documents. Proposal/Bid
Bond/Security deposited in the form of a cashier's check drawn on a local bank in good
standing shall be subject to the same requirements as a Proposal/Bid Bond.
32. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled
for this project, all Respondents shall attend the conference and tour all areas referenced in
the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent
who did not attend the mandatory pre -proposal conference. No pleas of ignorance by the I
Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to
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Thomas F. Pepe
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make the necessary examinations or investigations, or failure to complete any part of the
RFQ Package, will be accepted as basis for varying the requirements of the Contract with
the City of South Miami or the compensation of the Respondent. The Respondent,
following receipt of a survey of the property, if applicable, is bound by knowledge that can
be. seen or surmised from the survey and will not be entitled to any change order due to
any such condition.. If the survey is provided before the proposal is submitted, the contract
price shall include the Work necessitated by those conditions. If the survey is provided
subsequent to the submission of the proposal, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have
the right to reject the proposal and award the contract to the second most responsive,
responsible bidder with the lowest price or to reject all bids. -
33. Time of Completion: The time is of the essence with regard to the completion of the
Work to be performed under the Contract to be awarded. Delays and extensions of time
may be allowed only in accordance with the provisions stated in the appropriate section of
the Contract Documents,* including the Proposal Form. No change orders shall be allowed
for delays caused by the City, other than for extensions of time to complete the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein
and shall be in ' accordance with EXHIBIT 1, "Scope of Services" and Exhibit #2
"Supplemental Instructions and Proposal Format for Respondents" which is a part of
this RFQ Package.
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any
Request for Qualification when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors
or sub consultants in its purchase of materials or in any way in the performance of its
contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual
orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and
commitments to the City in order to have their bid considered, including all financial
obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance
Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or
other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A
bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent
Debtors owed to the city are paid in full. No bidder who is in default of any prior contract
with the City may have their bid considered until the default is cured to the satisfaction of
the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 7
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the
evaluation criteria is attached as EXHIBITS.
END OF SECTION
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Thomas F. Pepe 29
10/1312016
y
f
PROPOSAL SUBMITTAL CHECKLIST FORM
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this RFQ. The response shall include the following items:
One (1) original unbound proposal, five (5) additional copies, 3-ring
X binders are not permitted, and one (1) digital (or comparable
medium including Flash Drive, DVD or CD) copy '
Supplemental Instructions and Submittal Format for Respondents,
X EXHIBIT 2
X Indemnification and Insurance Documents EXHIBIT 4
X Signed Contract Documents, Professional Services Agreement,
EXHIBIT 6
X Respondents Qualification Statement
X List of Proposed Sub Consultants/Subcontractors and Principal
Suppliers
X Non -Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
END OF SECTION
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Thomas F. Pepe
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i
RESPONDENT QUALIFICATION STATEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
The response to this questionnaire shall be utilized as part of the CITrS overall' Proposal Evaluation and I
RESPONDENT selection. l
I. Number of professional general engineering & architectural service contracts executed,
a) In the past S years
b) In the past 14 years
2. List the last three (3) professional general engineering & architectural service contracts executed.
Professional General &
a) Architectural Engineering Services: i
Entity Name:
Entity Address:
Entity Telephone:
1
Professional General &
b) Architectural Engineering Services:
Entiky Name:
Entity Address:
Entity Telephone:
Professional General &
c) Architectural Engineering Services:
Entity Name:
Entity Address:
Entity Telephone:
Page 15 of 66
Thomas F. Pepe 31
1011312016
3. Currentworkload
4. The following information shall be attached to the proposal.
a) RESPONDENTS home office organization chart.
b) RESPONDENT's proposed project organizational chart
c) Resumes of proposed key project perso including on -site Superintendent.
S. Ust and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) again[ the Respondent In the last five (5) years
6.. Government References:
List other Government Agencies or Quasi -Governmental Agendas for which you have done business
within the past five (5) years.
Name of Agency:
Address:
Telephone No
Contact Person:
Type of Project
Page 16 of 66
Thomm F. Pepe
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Name of Agency:
Address:
Telephone No.:
Contact Person:
Type. of Project
Name of Agethcy:
Address:
Telephone No.%
Contact Person:
Type of Project
Page 17 of 66
Thomas F. Pepe 33
1011312016
LIST OF PROPOSED SUB CONSULTANTS/ SUBCONTRACTORS AND
PRINCIPAL SUPPLIERS
"Professional General Engineering and Architectural Services"
RFQ•#PW2016-22
Respondent shall list all proposed sub-consultants/subcontractors, assuming sub-consulrants/subcontractors are
allowed by the terms of this RFQ to be used on.this project if they are awarded the Contract:.
Class i ficati on (:)f Work Subcontractor Name
General Engineering
Addrcss Telephone, Fax &
Eniall
Roadway and Drainage
Design
General Civil Design
Structural
Environmental Engineering
Architectural Services
Landscape Architecture
Certified Arborists
Services
Surveying & Mapping
Mechanical, Electrical
Plumbing (MEP)
Construction Management
& Construction
Engineering Inspection
Services (CEI)
Other:
Respondents to this solicitation shall provide and include this listing witn their Proposai.
END OF SECTION
Page 18 of 66
Thomas F. Pepe 34
10/1312016
. NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
}
COUNTY OF MIAMI-DADE
and states that:
(1) He/She/They
is/are
being first duly sworn, deposes
(Owner, Partner, Officer, Representative or Agent) of
the
the Respondent that has
submitted the attached Proposal;
(2) -He/She/They is/are fully informed concerning the preparation and contents of the
attached Proposal and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) - Neither the said - Respondent nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Respondent, firm., or person to submit at collusive or sham Proposal in connection
with the Work for which the attached Proposal has been submitted; or to refrain
from Bidding or proposing in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Respondent, firm, or person to fix any overhead., profit, or cost
elements of the Proposal or of any other Respondent, or to fix any overhead, profit,
or cost elements of the Proposal Price or the Proposal Price of any other
Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Respondent or any other of its agents, representatives,. owners, employees or
parties of interest, including this affiant.
Signed, sealed and delivered in the presence of
By:
Witness Signature
Witness Print Name and Title
Page 19 of 66
Thomas F. Pepe
1011312016
35
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
On this the day of , 20 , before me, the undersigned Notary
Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared -
before notary) and whose
name(s) is/are Subscribed to the within instrument, and helshe/they acknowledge that
he/she/they executed it
WITNESS my hand and official.
seal. :.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL - OF
OFFICE:
(Name of Notary Public Print, Stamp or
type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
Page 20 of 66
Thomas F. Pepe
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36
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Proposal or bid on a Contract to provide any goods or
services to a public entity, may not submit a Bid or proposal for a Contract with a public entity
for the construction of repair of a public building or public work, may' not submit bids or
proposals on leases or. real property to a public- entity, may not be awarded- to perform Work
as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract
with any public entity, and may not transact business with any public entity in excess of. the
threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months'
from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents: must disclose with their Proposals, the name of any officer, director,
partner, associate or agent who is also an officer or employee of the City of South Miami or its
agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I . This sworn statement is submitted to
by
for
whose business address is
and
the
(if applicable) its
(If the
individual
[print name of the public entity]
[print individual's name and title]
[print name of entity submitting sworn statement]
Federal Employer Identification Number (FEIN) is
entity has no FEIN, include the Social Security Number of
signing this sworn statement
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g),
Florida Statutesmeans a violation of any state or federal law by a person with respect
to and directly related to the transaction of business with any public entity or with an
Page 21 of 66
Thomas F. Pepe
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37
agency or political subdivision of any other state. or of the United States, including, but
not limited -to , any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political. subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, o.r
material misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)
(b), Florida Statutesmeans a finding of guilt or a conviction of a public entity crime, with
or without an adjudication of guilt, in any federal or state trial court of record relating
to charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non -jury trial, or entry of a plea of guilty. or polo' contendere.
4. I. understand that 'an "affiliate" as defined in Paragraph 287.I33 (1) (a), Florida
Statutes. means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural' person who ' is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by -one person of'shares constituting
a controlling interest in any person, or a pooling of equipment or income among
persons when not for fair market value under an arm's -length agreement, shall
be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida
Statutes, means any natural person or entity organized under the laws of any state or of
the United States with the legal power to enter into a binding contract and which bids
or proposal or applies to bid or proposal on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
Page 22 of 66
Thomas F. Pepe
10/13/2016 38
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of .its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or -an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I, 1989. However, there has
been a subsequent *proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy -of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR .THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH
DECEMBER 31 OF.THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS* OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this day of
20
Personally known
OR Produced identification Notary Public — State of
My commission expires
(Type of identification)
(Printed, typed or Stamped commissioned
Name of notary public
Form PUR 7068 (Rev.06/1 1/92)
Page 23 of 66
Thomas F. Pepe 39
1011312016
DRUG FREE WORKPLACE
Whenever two or more Bids or. Proposals which are equal with respect to price, quality and
service are received by the -State or by any Political subdivisions for the procurement of
commodities or contractual services, a Bid or Proposal received from a business that certifies
that it has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids or Proposals shall be followed if none
of the tied vendors have a drug -free workplace program. In order to have a drug -free
workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture,
distribution; dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that shall be. taken against
employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual
services that are under Bid 'a copy of the statement specified rin Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a
condition -of working of the commodities or contractual services that are under
Bid, he employee shall abide by the terms of the statement and shall notify the
employee' of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five (5)
business days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program, if such is available in the employee's
community, by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
RESPONDENrs Signature:
Print Name:
Date:
Page 24 of 66
Thomas F. Pepe 40
10113/2016
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA
STANDARDS
TO THE CITY OF SOUTH MIAMI
We, , (Name of CONSULTANT), hereby acknowledge and agree that as
CONSULTANT for the "Professional General Engineering and Architectural Services"
project as specified have the sole responsibility for compliance.with all the requirements of the
Federal Occupational Safety and Health Act of 1970, and all State and local safety and health
regulations, and agree to indemnify and hold harmless the City of South Miami and ..N/A
(Consultant) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of (Sub -contractors names):
to comply with such act or regulation.
CONSULTANT
Witness
BY:
Name
Title
Page 25 of 66
Thomas F. Pepe 41
10/13/2016
AFFIDAVIT -CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or .entity, who is responding to the City's solicitation, hereinafter referred to as
"Respondent", must certify that the Respondent's name Does Not appear on the State of
Florida, Department of Management Services, "CONVICTED, SUSPENDED,
DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the -Respondent's-name Does appear on one or all the "Listings" summarized below,
Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be
accessed through the following link to the Florida Department of Management Services website:
http:/lwww dins.mXflorida.com/business operations/state purchasing/vendor informati
oji/convicted sus ended_discriminatory—complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as.the "Declarant") state; under
penalty of perjury, that the following statements are true and correct:
(I) I represent the Respondent whose name is -
(2) 1 have the following relationship with the Respondent (Owner
(if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if
Respondent is a partnership), General Partner' (if Respondent is a Limited Partnership) or
Managing Member (if Respondent is a Limited Liability Company).
(3) 1 have reviewed the Florida Department of Management Services website at the
following URL address•.
httpJ/www.dms.myflorida.com/business operations/state,purchasing/vendor_ information/convi
cted_suspended discriminatory complaints vendor lists
(4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the
Respondent's name appears in the list found on the Florida Department of Management
Services website for that category or listing. if I dial not enter a mark beside a listing/category it
means that I am attesting to the fact that the Respondent's name does not appear on the listing
for that category in the Florida Department -of Management Services website as of the date' of
this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
By:
(Print name of Declarant)
(Signature of Declarant)
Page 26 of 66
Thomas F. Pepe
1011312016
I
4
ACKNOWLEDGEMENT
E-
STATE OF. FLORIDA. )
COUNTY OF MIAMI-DADE )
On this the day of , 20 , before me, the undersigned
authority, personally appeared who - is
personally know to me or. who provided the following identification and
who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the
Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned.)
Page 27 of 66
Thomas�F. Pepe 43
1011312016
RELATED PARTY TRANSACTION VERIFICATION FORM
l individually and on behalf of
("Firm") have Name of . Representative
Gompanyfflendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of
the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of
my knowledge, information and belief.
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A- I) with regard
to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact
with, the
City, and
(2) neither I nor any employees, officers; directors of the Firm, nor anyone who has a financial
interest greater than 5% in the Firm, has any t;elative(s), as defined in section 8A-I, who is an
employee of the City or who is(are) an appointed or elected official of the City,- or who is(are)
a member of any public body created by the City Commission, i.e., a board or committee of the
City, [while the ethics code. still applies; if the person executing this form is doing so on behalf
of a firm whose stock is publicly traded, the statement in this section (2) shall be* based solely
on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship of employees or those who have a financial interest in the
Firm]; and
(3) neither I nor the Firm, nor anyone'who has a financial interest greater than 5% in the Firm,
nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers
and sisters) has transacted or entered into any contract(s) with the City or has a financial
interest, direct or indirect, in any business being transacted with the city, or with any person or
agency acting . for ' the city, other than as follows:
(use (if necessary, use a separate sheet to supply additional information
that iwi11 not fit on this line; however, you must make reference, on the above line, to the
additional sheet and the additional sheet must be signed under oath). [while the ethics code still
applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly
traded, the statement In this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the
relationship of those who have a financial interest in the Firm]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their
immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial
interest, directly or indirectly, in the contract between you and/or your Firm and the City
other than the following individuals whose interest is set forth following their use a separate
names:
(if necessary, use a separate sheet to supply additional information that will not fit on this line;
however, you must make reference, on the above line, to the -additional sheet and the
additional sheet must be signed under oath). The names of all City employees and that of all
elected and/or appointed city officials or board members, who own, directly or indirectly, an
interest of five percent (5%) or more of the total assets of capital stock in the firm are as
Page 28 of 66
Thomas F. Pepe
10/13/2016 44
follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line;
however, you must make reference, on the above line, to the additional sheet and the
additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement
in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not
required' to make an independent investigation as to the- financial interest in the Firm 'of city
employees, appointed officials or the immediate family members of elected and/or appointed
official or employee.]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or
resource which may come to us through our position of trust, or through our performance of
our duties under the terms of the contract with the City, to secure a special privilege, benefit,
or exemption for ourselves, or others. We agree that we may not disclose or use information,
not. available to members of the general public, for our personal gain or benefit or for the
personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business
with the City or any person or agency acting for the City, and that we have not appeared in
representation of any third party before any board, commission or agency of the City within
the past two years other- than as
follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line;
however, you must make reference, on the above line, to the additional sheet and the
additional sheet must be signed under oath). X \PurchasinglVendor Registration112.28.12
RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate
family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage
to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any
board or agency of the City other. than as follows:
(if necessary, use a separate sheet
to supply additional information that will not fit on this line; however, you must make
reference, on the above line, to the additional sheet and the additional sheet must be signed
under oath). [while the ethics code still applies, if the person executing this form is doing so on
behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an
independent investigation as to the relationship by blood or marriage of employees, officers, or
directors of the Firm, or of any of their immediate family to any appointed or elected officials of
the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a
financial interest greater than 5% in that Other Firm, nor any member of those persons'
immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate
family members (hereinafter referred to as "Related Parties") has responded to a solicitation by
Page 29 of 66
Thomas F. Pepe 45
1011312016
the City in which I or the Firm that I. represent or anyone who has a financial interest greater f
than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
E
children, brothers and sisters) have also responded, other • than the following:
(if necessary,
use a separate sheet to supply additional information that will not fit on this line; however-, you '
must make reference, on the above line, to the additional sheet and 'the additional sheet must
be signed under oath). [while the ethics code still applies, if the person executing this form is
doing so on behalf of a firm whose stock is publicly traded, the statement in this section -(8)
shall be -based 'solely on the signatory's personal knowledge and he/she is not required to make !
an independent investigation into the Other Firm, or the Firm he/she represents, as to their
officers, directors or anyone having a financial interest in those Firms or any of their any
member of those persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform
the City of any change in circumstances that would change our answers to this document
Specifically, after the opening of any responses. to a solicitation, 1.* and the Firm have an
obligation to supplement this Verification Form with- the name of all Related Parties who have
also responded to the same solicitation and to disclose the relationship of those parties to me
and the Firm.
(10) A violation of. the City's Ethics Code, the giving of any false information or the failure to
supplement this Verification Form, may subject me or the Firm to immediate termination of any
agreement with the City, and the imposition of the maximum fine and/or any penalties allowed
by law. Additionally, violations may be considered by and subject to action- by the Miami -Dade
County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent
effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature:
Print Name & Title:
Date:
Page 30 of 66
Thomas F. Pepe
10/1312016 46
Sec. 8A- I . - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated' and known as the "City of South Miami Conflict of Interest and
Code of Ethics Ordinance" This section shall be applicable to all city personnel as defined
below, and shall also constitute a standard. of ethical. conduct and behavior for all autonomous
personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The
provisions of this section shall be applied in a cumulative manner. By way of example, and not as
a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Def nition& For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city
commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities,
boards and agencies, such as the city community redevelopment agency and the health facilities
authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the
environmental review and preservation board, the code enforcement board and such other
individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and
agencies whose sole or primary responsibility is to recommend legislation or give advice to the
city commission.
(5) The term "departmental personnel" shall refer to 'the city clerk, the city manager,
department heads, the city attorney, and all assistants to the city clerk, city manager and city
attorney, howevdr titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial
benefit conferred, or to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of
ten percent or more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm, partnership, or other business entity at the time of
transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and
sisters of the person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific
goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a
statement of qualifications in response to a request by the city, or entering into contract
negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph
(b)(9) shall enter into any contract or transact any business in which that person or a member
of the immediate family has a financial interest, direct or indirect with the city or any person or
agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. Willful violation of this
subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.
Nothing in this subsection shall prohibit or make illegal:
Page 31 of 66
Thomas F. Pepe 47
10/1312016
(1) The payment of taxes, special assessments or fees for services provided by the city
government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city
through •underwriters or directly from time to time.
Waiver of prohibidon. The requirements of - this subsection may. be waived for a particular
transaction only by four affirmative votes of the city commission after public hearing, upon
finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined
in paragraphs (b)(2), (3) and (4);.
(2) The proposal has been submitted by a person or firm offering services within the scope of
the practice of architecture, professional engineering, or registered land surveying. as defined by
thelaws of the state and pursuant to the provisions of the. Consultants' Competitive
Negotiation Act, and when the proposal has been submitted by a city person defined in
paragraphs (b)(2), (3) and '(4);
(3)'The property or services to be involved in the proposed transaction are unique and the city
cannot: avail itself of . such property or services without entering a transaction which would
violate this subsection but for waiver of its requirements; and
(4). That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission
may in no case ratify a transaction- entered in violation of this subsection.
Provisions cumulative This 'subsection shall. be taken to be cumulative and shall not be construed
to amend or repeal any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) -through (6) and in paragraph
(b)(9) shall enter Into any contract or' transact any business through a firm, corporation,
,partnership or business entity in which that person or any member of the immediate family has
a controlling financial interest, direct or indirect, with the city or any person or agency acting
for the city, and any such contract, agreement or. business engagement entered in violation of
this subsection shalt render the transaction. voidable. The remaining provisions of subsection (c)
will also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or
participate in any way in any matter presented to the city commission if that person has any of
the following relationships with any of the persons or entities which would be or might be
directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter
would- affect the person defined in paragraph (b)(1) 'in a manner distinct from the manner in
which it would affect the public generally. Any person included iri the term defined in paragraph
(b)( 1) who has any of the specified relationships or who would or might, directly or indirectly,
realize a profit by the action of the city commission shall not vote on or participate in any way
in the matter.
(E) Gh%•
(1)Depnition. The term "gift" shall refer to the transfer of anything of economic value, whether in
the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in. any
other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)(1) shall not apply to:
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a Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf
of a third party to the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of
an advertising nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) . shall neither solicit nor
demand_ any gift. It is also unlawful for any person or entity to offer, give or agree to give to any
person included in the terms defined in paragraphs (b)(1) through (6), or for any person
included in the terms defined. in paragraphs (b)(1) through (6) to accept or agree to accept
from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or
failure to take a public action;
b. A legal duty performed or to be performed, or which could be performed; or an omission or
failure to perform a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in
the term defined in paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disdosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall
disclose any gift, or series of gifts from anyone person or entity, having a value in excess of
$25.00. The disclosure 'shall be made by filing a copy of the disclosure form required by chapter
112, Florida Statutes, for "local
officers" with. the city - clerk simultaneously with the filing of the form with the clerk of the
county and with the Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business- with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed
by a corporation, firm, partnership or business entity in which that person or the immediate
family does not have a controlling financial interest, and should the corporation, firm,
partnership or business entity have substantial business commitments to or from the city or any
city agency, or be subject to direct- regulation by the city or a city agency, then the person shall
file a sworn statement disclosing such employment and interest with the.clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use
or attempt to use an official position to secure special privileges or exemptions for that person
or others.
(h) Prohibition on use of confidential Information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept
employment or engage in any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by
reason of an official position, nor shall than person in fact ever disclose confidential information
garnered or gained through an official position with the city, nor shall that person ever use such
information, directly or indirectly, for personal gain.or benefit.
(1) Con f iicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other
employment which would impair independence of judgment in the performance of any public
dudes.
(1) Prohibition on outside employment.
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(1) No.per:son included in the terms defined in paragraphs (b)(6) shall receive any compensation
for services as an officer or employee of the city from any source other than the city, except as
may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either
incidental, occasional or otherwise, where city time, equipment or material is to be used or
where such employment or any part thereof is to be performed on .city time.
b. When. permitted. A full-time city employee may accept incidental* or occasional' outside
employment so long as such employment is not contrary, detrimental or adverse t_ o the interest
of the city or any of its departments and the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city
employee must first be approved in writing by the employee's department head who shall
maintain a complete -record of such employment.
d. Penalty. Any person convicted of violating any provision. of this subsection shall be punished
as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject
to dismissal by. the appointing authority. The city may also assess against a violator a fine not to
exceed $500.00 and the costs of investigation incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm,
corporation or entity other than the city, or any of is, agencies or instrumentalities, shall file,
under oath_, an annual report indicating the source of the outside employment, the nature of
the work being done and - any* amount of money or other consideration received by the
employee from the outside employment. City employee reports shall be filed with the city
clerk. The reports shall be available at a reasonable time and place for inspection by the public.
The city manager may require monthly reports from individual employees or groups of
employees for good cause..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the
immediate family shall have personal investments in any enterprise which will create a
substantial conflict between private interests and the public interest
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in 'paragraphs (b)(1), (5) and (6) shall. appear before
any city board or agency and make a presentation on behalf of a third person with respect to
any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or
other benefit sought by the third person. Nor shall the person receive any compensation or
gift, directly or indirectly, for services rendered to a third person, who has applied for or is
seeking'some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before -any
administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city
or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before
the city commission or agency on which the person serves, either directly or through an
associate, and make a presentation on behalf of a third person with respect to any matter,
license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit
sought by the third person. Nor shall such person receive any compensation or gift, directly or
indirectly, for services rendered to a third party who has applied for or is seeking some benefit
from the city commission or agency on which the person serves in connection with the
particular benefit sought by the third party. Nor shall the person appear in any court or before
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any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from
the city commission or agency on which such person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through. (6) shall participate in
any official action directly or indirectly affecting a business in which that person or any member
of the immediate family has a financial interest. A financial interest is defined in this subsection
to include, .but not be limited to, any direct or indirect interest in any investment, equity, or
debt.
(n) Acquiring financial interests. .
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a
financial interest in a project, business entity or property at a time when the person -believes or
has reason to believe that the financial interest may be directly affected by officiat.actions or by
official actions by the city or city agency of which the person is an official. officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the
services of any lawyer or law firm, architect or architectural firm, public relations firm, or any
other person or firm, professional or otherwise, to assist in any transaction involving the city or
any of its agencies, provided that a recommendation may properly be made when required to
be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after ter city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period
of two years.after his or her city service or employment has ceased, lobby any city official [as
defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ,
bid, request for ruling or other determination, contract, claim, controversy, charge, accusation,
arrest or other particular subject matter in which the city or one of its agencies is a party or
has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall
prohibit any individual from submitting a routine. administrative request or application to a city
department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by
governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and
who lobby on behalf of those entities in their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1)
whose city service or employment ceased after the effective date of the ordinance from which
this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within
two years prior to the effective date of this ordinance shall for a period of two years after his
or her service or employment enter into a lobbying contract to lobby any city official in
connection with any subject described in paragraph (p)(1) in which the city or one of its
agencies is a party or has .any direct and substantial interest; and in which he or she participated
directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person
participated "directly" where he or she was substantially involved in the particular subject
matter through decision, approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, during his or her city service or employment. A person participated
"indirectly" -where he or she knowingly participated in any way in the particular subject matter
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Thomas F. Pepe 51
1011312016
through decision, approval, disapproval, recommendation, the rendering of advice, investigation,
or otherwise, during his or her city service or employment. All persons covered by this
paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying
any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in
section 8A-2(p). .
(t) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and
paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of
interest and code of ethics ordinance, or whenever any person who renders services to the city
is I.n doubt as to the applicability,of the ordinance that person, may submit to the city attorney a
full written statement of the facts and questions. The city attorney shall then render an opinion
to such. person and shall publish these opinions without use of the name of the person advised
unless the person permits the use of a name.
(Ord. No: 6-99-1680, § 2, 3-2-99)
Editor's note- Ord: No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A- I and 8A-2 in their
entirety and replaced them with new §§
8A- I and 8A-2. Former §§ 8A- I and 8A-2 pertained to declaration of policy and definitions,
respectively, and derived from Ord. No. 634, §§ I (I A- 1). 1 (1 A:2) adopted Jan.11, 1969.
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1011312016
PRESENTATION TEAM
DECLARATIONIAFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be
used to avoid the need to register members of your presentation team as lobbyists. Pursuant
to City Ordinance 28-14-2206 * (c)(9), any person who appears as a representative for an
individual or firm for an oral presentation before a City certification, evaluation, selection,
technical review or similar committee, shall list on an affidavit provided by the City staff, all
individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's
office at the time the committee's proposal is submitted to the City Manager. For the purpose
of this subsection only, the listed members of the presentation team, with the exception of any.
person otherwise required to register as a lobbyist, shall not be required to pay any registration
fees. No person shall appear before any committee on behalf of an anyone unless he or she has
been listed as part of the firm's presentation team pursuant to this paragraph or unless he or
she is registered with the City Clerk`s office as a lobbyist and has. paid all applicable lobbyist
registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, makes the.
following declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the
affiant represents. Please note; No person shall appear before any committee on behalf
of anyone unless he or she has been listed as part of the firm's presentation team
pursuant to this paragraph or unless he or she is registered with the Clerk's office
as a lobbyist and has paid all applicable lobbyist registration fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the
presentation team, with the exception of any person otherwise required to register as a
lobbyist, shall not be required to. pay any registration fees. The Affidavit of
Representation shall- be filed with the City Clerk's office at the time the committee's
proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that
the facts stated in it are true and specifically that the persons listed above are the
members of the presentation team of the entity listed below
Executed this day of .20
Signature of Representative
Print Name and Title
Print name of entity being represented
END OF SECTION
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.EXHIBIT #I
SCOPE OF -SERVICES'
Professional General Engineering and Architectural Services"
RFO #PW2016-22
The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide
General Engineering, Architectural and Landscape Architectural Services, as more particularly
described herein, under continuing professional service 'contracts to perform work as needed
on a rotational basis.
In order to fulfill such needs and meet the requirements for quick response and specialized,
services, the City intends to retain a maximum of four. (4) qualified firms under four (4)
separate continuing professional service agreements, each under the same terms and
conditions. Each individual agreement with each consultant shall be for a term of three (3) years
with one (1) renewal option of two (2) years; at the sole discretion of the City.
The services to be provided by the consultant(s) will be:
(1) General Consulting Services whereby the consultant may serve as advisor,
administrative consultant or technical consultant to the City. The consultant will be
asked to act as a technical resource supporting and supplementing City Staff.
(2) Services could also be project specific and will be assigned on a work -order basis,
whereby the consultant will be asked to prepare planning documents, engineering
studies, construction plans and specifications and/or provide construction management
services for specific projects as defined by the City. The construction management
services or Construction Engineering Inspection (CEI) may be provided for projects
completed by -the consultant, completed by another consultant(s) or in support of
projects completed by City staff. Other professional services to be provided may
include, and" are not be limited to, architectural services for miscellaneous projects;
design and/or construction management projects; such as roadways, drainage, structural,
electrical, mechanical, traffic engineering, civil/site planning, water and sewer,
environmental assessments and engineering, architectural design, landscaping design,
value engineering, construction management, and. project management From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, and developers, local and state governments.
The categories required generally include, but are not limited to the following;
e Traffic and Transportation Engineering
Includes field data collection and analysis for the preparation of traffic studies including,
but not limited to: Intersection and roadway capacity analysis;. signal warrant studies;
signal timing analysis and design; traffic circulation studies; traffic calming studies; trip
generation; forecasting and assignment; as well as pavement markings and signing.
Consultant shall review plans, including privately prepared traffic impact analyses,
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vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
Includes roadway design and drainage analysis needed to prepare a complete set of
roadway construction plans including drainage calculations- and design, traffic control,
maintenance of traffic, street lighting, permits applications and processing, as well as
technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
Includes the preparation of plans and specifications for water distribution plans, sanitary.
.sewer plans for gravity mains and force mains, and sanitary sewer pump stations. The
design will follow the Miami Dade County Water and Sewer Department criteria and
specifications for donation projects, as required by the City.
• Structural (building and misc. components)
Includes the design, calculations and analysis needed to prepare a complete set of
construction documents for misc. structures, retaining wall, culverts, building structures,
as needed including foundation designs.
• Environmental Engineering
Includes field data- collection, site investigations, environmental assessments and design
as needed to prepare remediation plans for underground storage tanks, hazardous
waste materials, asbestos removal, wetland mitigations, endangered species evaluations
and permit applications.
• Architectural Services
Includes the architectural and engineering reviews necessary to confirm plans prepared
by individuals or consultants Jor either City or private development projects for
compliance with the City's Land Development Code and to applicable Building and
Zoning codes, fire codes and Americans with Disabilities Act requirements. Consultant
personnel would work under the supervision of the Public Works Director or Planning
Director depending upon the' scope of the project, and Building Official of the City. The
consultant shall review plans for private development projects and overall design and
compatibility with surroundings and vision of the City and, best practices of the industry.
Provides recommendation of approval to the City's Public Works Director or Planning
Director and the Building Official charged with issuing permits. Consultant will attend
meetings with City staff and make presentations to the City Commission and appointed
boards, as required.
• Landscape Architecture Services
Preparation of landscape plans (conceptual through final drawings and specifications)
including tree selection, tree identification and biology, growth characteristics and
requirements (water, soil, nutrition), installation and establishment, as well as pruning
and maintenance recommendations. The consultant shall review plans for private
development projects for compatibility with the City's Land Development code and
industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
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Certified Arborist 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.
• Surveying and Mapping (miscellaneous surveys needs)
• Geotechnical Engineering (Field exploration and 'laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection)
• Construction Management. and* Construction Engineering Inspection
Services (CEI)'
Includes engineering services necessary for the ' analysis of construction schedules,
construction delay claims, change orders, preparation of progress and final payment
estimates, contract correspondence, preparation of minutes for various meetings and
public information programs. It will include also detailed inspections during the
construction process,. certification of pre -manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval
of shop drawings, review and recommend .progress payments, preparation of progress
reports.
All docuinents are to be signed and sealed by a Professional- Engineer or Architect
registered in the State of Florida.
NOTE: LINKS TO THE CITrS COMPREHENSIVE' PLAN AND LAND DEVELOPMENT
CODE ARE -REFERENCED IN EXHIBIT #3.
In order to be considered, consulting firms or team joint ventures must have experience in all
related areas described above and be particularly familiar with the design criteria and standard
used within each area of expertise and in particular the practices of the State of Florida
Department of Transportation, Miami -Dade County Public Works Department, Miami- Dade
County Department of Environmental Resources Management and Miami -Dade County Water
and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested firms
.provide services for all of the different disciplines mentioned; therefore, the City will consider
joint ventures.
END OF SECTION
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56
I
i
EXHIBIT #2
SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR
RESPONDENTS
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
The submittal must name all persons or entities interested in the submittal as principals.
The submittal must declare that it is made without collusion with any other person or entity
submitting a submittal pursuant to this RFQ. Each firm shall. only submit once as a prime and
may participate as asub-consultant on more than one team. The City of South Miami shall only
consider a - joint venture team or firm that provides all disciplines requested in the RFQ.
SUBMITTAL FORMAT
Firms shall prepare their submittals using the following format and should include, but not be
limited, to the following
1. Letter of Transmittal
a.) This letter will summarize in a brief and concise manner, the respondent's
understanding of the scope of work and make a positive commitment to timely
.perform the work.
b.) The Letter must name all of the persons authorized to make representations for
the respondent including the titles, addresses, and telephone numbers of such
persons. An authorized agent- of the respondent must sign the Letter of
Transmittal indicating the agent's title or -authority. The letters should not
exceed two pages in length-.
2. Statement acknowledging receipt of each addendum issued by the City.
3. Qualifications and experience of the f rm(s)/individual(s) who will provide
the services.
4. The 'submission should include:
A. Proposal Package and Labeling Marking Requirements:
All submissions shall consist of one (1) unbound original and five (5) copies,
3-6ng binders are not permitted. One (1) digital or comparable medium
including Flash Drive, DVD or CD copy is ALSO required. Submission
packages shall be tabbed according to a Table of Contents. The original
and all copies shall be clearly marked accordingly as "original' or "copy." The
digital copy and the five (5) copies must be exact duplicates of the original
submission.
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FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL
• BEING DESIGNATED NON -RESPONSIVE.
B. Title Paxe
Show the name of Respondent's agency/firm, address, telephone number, and
name of contact person, email address, date, and the subject "Professional
General Engineering and Architectural Services," RFQ #PW20I.6-22.
C. Table of Contents
Include a clear identification of the material by section and/or by page number.
D. Qualification Statement
The Qualification Statement shall be written in sufficient detail to permit the City
to conduct.a meaningful evaluation of the proposed services. The Qualification
Statement should be delivered in two parts. The first part is the technical
submittal ,that shall' consist of subsections (1) through (5) where subsections (1)
through (3) shall be no more than 10 pages single -sided. Where (1) through (3)
contain more than the 10 page limit, the evaluation committee shall be instructed
to disregard all pages in excess of the limitation. The second part is all standard
forms fully executed by an authorized officer of the Respondent. The technical
submittal should be divided into subsections as described below.
1. Executive Summary:
a. Provide a brief summary describing the Respondent's approach to the
work tailed for by the RFQ and ability .to perform the work
requested; the Respondent's background and -experience in providing
similar services. This summary should be brief* and concise to advise
the reader of the basic services offered, experience and Proposal of
the Respondent, staff and any other relevant information. A
Project/Client Manager should be provided and assigned to manage all
aspects of this work.
2. Respondent's Experience:
a. Describe the Respondent's organization; history and background;
principals, off tiers; owners, board of directors and/or trustees; the
primary markets served; the total current number of employees; the
current number of professional employees by classification; and state
the number of years that the Respondent has been in business.
3. Respondent's Past Performance:
a. Provide a detailed description of comparable contracts (similar in
scope of services to those requested herein) which the Respondent
has either ongoing or completed within the past five (5) years. The
description should identify for each project (1) the client, (2)
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description of work, (3) total dollar value of the contract, (4) contract
duration, (5) customer contact person and phone number of
reference, (6) statement or notation of whether Respondent is/was
the prime Consultant or subcontractor or sub -consultant, and (7) the
results of the project.
4: Organization Chart:
a. Provide an organization chart showing all key individuals (including the
Project/Client Manager) assigned to their area of responsibility,
including their company, title, years of experience and years
employed in current tide at present or former firms. This chart must
clearly identify the Respondent's employees and those of the sub- .
consultants. Provide professional licenses on pertinent key personnel
'(including sub -consultants) to be assigned for the services of this
RFQ.
S. Provide the appropriate SF 330. Form, OMB #9000-0157 and
Expires 1113012017, in support of the services requested by this
RFQ. SF 330 can be downloaded from:
httg?:f/www.gsa.gov/porW/f`orms/download/1 16486
D For joint venture teams:
- Prime shall submit Section A, B, C and D of SF 330 Part I on behalf
of joint venture team.
- Information for both Prime and Sub -consultants shall be submitted
in sections E, F, G and H of SF 330 Part I
- Both Prime and Sub -consultants shall submit Part II of S.F. 330
Note: Confidential and Proprietary Information. Trade secrets or proprietary.
information submitted by Respondents in connection with this pre -qualification process
may be subject to the disclosure under Chapter 119, F.S., unless such information is
specifically exempted or categorized as confidential in- that Chapter or another section
of the Florida Statutes. However, respondents must invoke the protections of any such
section(s) within 24 hours of notice that a public records request for such information
has been made and if Respondent invokes an alleged right to an exemption or declares
the information to be confidential, Respondent shall provide written justification
including a citation to the specific statutory authority relied upon and the reasons why it
applies to the records being requested. Failure to abide by this procedure may result in
disclosure of the Respondent's information and Respondent agrees that the City shall
not be liable to Respondent for disclosure under such circumstances. Furthermore, if a
Respondent objects to production of the documents, Respondent agrees to indemnify
and hold the City harmless from any and all costs and expense incurred by the City,
including City's attorney fees, in defending an action filed to obtain said records, as well
as any damage award against the City, including the attorney fees of any of the parties in
such suit and appeal.
END OF SECTION
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i
E
EXHIBIT #3
CITY'S.COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
Note: The City's Comprehensive Plan and Land Development Code can be accessed
through the following links provided below
City of South Miami's Current:
I. Comprehensive Plan — Please see link below:
httpJ/www.southmiamifl.gov/index.aspx?NID=179
2. Land Development Code - Please see link below:
https://www.municode.com/library/fi/sQuth_miami/codes/land development code
END OF SECTION
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EXHIBIT #4
INSURANCE & INDEMNIFICATION REQUIREMENTS
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
INSURANCE & INDEMNIFICATION REQUIREMENTS
1.01 Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will*protect. the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of
.them or by anyone for whose acts any of them may be liable:
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITrs
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; (� 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
1.02 Finns 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:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including Chapter
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440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
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.
1.04 Commercial Comprehensive General, Liability Insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including
- Personal Injury. $1,000,000;
- Medical Insurance: $5,000 per person;
- Property Damage: $500,000 each occurrence;
1.05 - Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) ' Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement .
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Uability and
Property Damage Liability.
1.06 Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must Include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
1.OT 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.
1.08 Fire and Extended Coverage Insurance (Builders' RiskIF APPLICABLE
A. 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,
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B.
1.09
B.
C.
additions, attachments and all permanent fixtures belonging to and constituting a part of
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
All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverage unless it would be clearly not applicable.
Miscellaneous:
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
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.
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
D. 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:
(1) 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";
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(2) 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."
E. 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.
Indemnification Requirement
A. The Firm accepts and voluntarily incurs all risks of any injuries; damages, or harm which
inight 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. I
B. 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.
C. 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 ,
• 4
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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.
D. 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.
E. 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.
F. 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
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EXHIBIT#5
EVALUATION AND SELECTION CRITERIA
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
Scoring and Ranking
Phase I ---Competitive Selection -Ranking; _maxim_uni 100 points per committee
member. Consultant submittals shall be evaluated by the City. Respondents deemed as best
suited and qualified shall be selected by a Selection Committee of at least three (3) City
representatives for discussion and/or presentations, ranking and subsequent negotiations with
the highest ranked consultant.
The evaluation factors used for determining qualifications for ranking include:
I. Qualifications, competency and technical expertise of the firm and personnel to perform
the services. in accordance with the Scope of Services:
Maximum Points: 40 .
2. Qualifications of the Project Manager and Project Team:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 20
4. Overall quality and completeness of the submittal:
Maximum Points: 10
Phase 11— Competitive Negotiations
Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short-
listed respondents will be determined by the Selection Committee. The Selection Committee
may schedule interviews and/or presentations with the "short-list' respondents or, any
respondents.
A final ranking of all firms or short-listed firms will be submitted to the City Manager for,review
and approval. In order to fulfill the City's needs and meet the requirements for quick response
and specialized services, in accordance with Exhibit ! "Scope of Services," the City intends to
retain a maximum of four (4) qualified f firms under four (4) separate but similar
agreements. The City Manager shall commence negotiations with the first 'ranked firm. If
those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc.
Negotiations shall continue until the City Manager has successfully completed negotiations with
a maximum of four firms, each of whom shall execute a contract with the City and be on the
City's roster of professional consultants. The firms shall not be in competition with each other
except for their qualifications.
The City reserves the right to reject all Respondents, to request clarification of information
submitted or to request additional information from any Respondent, and to waive any
irregularities in any submittal.
END OF SECTION
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EXHIBIT #6
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
THIS AGREEMENT made and entered into this day of , 20 by and
between the City of South Miami, a municipal corporation .(hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and who is authorized to do
business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). la
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and conditions
1.0 General -Pro -visions
I .I - A Notice to Proceed will be issued by the City Manager, or his designee, following
the signing of this AGREEMENT. This AGREEMENT does not confer on the
• CONSULTANT any exclusive rights to perform work on, behalf of the Owner
other than the work described in one or more Notice to Proceed (hereinafter
referred to as the "WORK"), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
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
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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 Payment and Partial Pavm, ents. 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
CONSULTANrs 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 Truth4n 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,
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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 War 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 (5) 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 ATTACHMENTS 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
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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 Tri i. 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 Codes_, This. AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretations 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 Severabili1y. 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
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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
31.0 No Discriminatibn 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 - Party Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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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 acid 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- Majeure. Neither party hereto shall be in default of its failure to perform its
obligations under this AGREEMENT if caused by acts of God, civil commotion' strikes,
labor disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
39.0 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING 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: mmenendez@southmiamifl.gov; 6130 Sunset
Drive, South Miami, FL 33143.
4LO Notices. Whenever notice shall be required or permitted herein, it shall be
Page S6 of 66
Thomas F. Pepe
I011312016 72
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: slexander@southmiamifl.gov
With copies to: City Attorney.
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe(CD-southmiamifl.gov
To CONSULTANT:
42.0 Corporate 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.
CONSULTANT:
By:
(Print Name Above)
ATTESTED:
By:
Maria M. Menendez, CMC
City Clerk
City of South Miami
By:
Page 57 of 66
Steven Alexander
City Manager
Thomas F. Pepe 73
1011312016
Read and Approved as to Form, Language,
Legality and Execution thereof.
By:
Thomas F. Pepe, Esq.
City Attorney
Page 58 of 66
Thomas F. Pepe
101131201.6
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
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1011312016
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ATTACHMENT B
INSURANCE & INDEMNIFICATION -REQUIREMENTS
PROFESSIONAL SERVICE AGREEMENT
"Professional. General Engineering and Architectural Services"
RFQ #PW2016-22
1.010 Insurance
A. Without limiting its liability, the. contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with -regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South .Miami, whether such claim is
against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless'authorized in writing ey 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 kM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees;
(d)claims for damages insured by usual personal injury liability coverage; (e) claims for
damages, other than to the Work itself, •because of injury to or destruction of tangible
property, including loss of use resulting there from; (f) claims for damages because of
bodily injury, death of a person or property damage arising out of ownership,
maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage
arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.011 Firm's Insurance Generally, The FIRM shall provide and maintain in force and effect until
all the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
1.012 Workers' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including Chapter
440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
Page 60 of 66
Thomas F. Pepe %6
1011=016
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 Workers Compensation Insurance.' -
1.013 Commercial Comprehensive General Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations'Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 Business. Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is
sublet, the subcontract shall contain the same insurance provision as required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1.017 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
C. In the event that this contract involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Risk Insurance on buildings and structures, including Vandalism &
Malicious Mischief coverage, while in the course of construction, including foundations,
additions, attachments and all permanent fixtures belonging to and constituting a part of
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10113/2016
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 rash 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
1.018
F.
G.
H.-
coverage unless it would be clearly not applicable.
Miscellaneous:
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.
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.
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.V11 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 ats 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' ;
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78
(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
Agreemerit 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.
Indemnification 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.
1. 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 79
iai3no16
I
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, j
.representatives, employees, or assigns, and/or arising out of, or incident to, this j
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, t
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 I
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 ey 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
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1011312016
EXHIBIT #7
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid
specifications or any bid solicitation shall file a written notice of intent to file a protest with the
City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of
intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if
hand delivered,. when stamped with the City Clerk's receipt stamp containing the date and time of
receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who
perceives itself to be aggrieved In connection with the recommended award of a contract and who
wishes to protest the award, shall file a written notice of intent to file a protest with the City
Clerk's office within three calendar days after. A notice of intent to file a protest is considered
filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with
the City Clerk's receipt stamp containing the date and time of receipt.
(b) Contents of protest A protest of the solicitation or award must be in writing ("Protest Letter")
and submitted to the City Clerk's office within five calendar days after the date of the filing of the
notice of protest Protest Letter is considered fled when the Protest Letter and the required filing
fee are received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the
City Clerk's receipt stamp containing the date and time of receipt The Protest Letter shall state
with particularity the specific facts and law upon which the protest is based, it shall describe and
attach all pertinent documents and evidence relevant and material to the protest and it shall be
accompanied by any required filing. The basis for review of the protest shall be the documents and
other evidence described in and attached to the Protest Letter and no facts, grounds,
documentation, or other evidence not specifically described in and attached to the Protest Letter
at the time of its filing shall be permitted or considered in support of the protest
(c) Computation of time. No time will be added to the above time limits for service by mail. The last
day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in
which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or
any formula used for assigning points in making an award determination, nor shall it challenge the
City's determination of what is in the City's best interest which is one of the criteria for selecting a
bidder whose offer may not be the lowest bid price.
Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney,
shall issue a written recommendation within ten calendar days after receipt of the written protest.
Said recommendation shall be sent to the City Manager with. a copy sent to the protesting party.
The City Manager may then, submit a recommendation to the City Commission for approval or
Page 65 of 66
Thomas F. Pepe 8
10l13/Z016-
disapproval of the protest, resolve the protest without submission to the City Commission, or
reject all proposals.
(f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed
pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award of the contract until the protest is resolved by the City Manager or
the City. Commission as provided in subsection (Q above, unless the City Manager makes a written
determination that the solicitation• process or the contract award must be continued without delay
In order to avoid potential harm to the health, safety, or welfare of the public or to protect
substantial interests of the City or to prevent youth athletic teams from effectively missing a playing
season.
END OF DOCUMENT
Page 66 of 66
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10113/2016
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BID OPENING REPORT
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Bids were opened on: Monday December S. 2016after: 1010— am
For: RFQ -# PW 2016-22 Professional General Engineering & Architectural Services
COMPANIES THAT SUBMITTED PROPOSALS:
A.D.A. ENGINEERING, INC.....................................................................
BERMELLO AJAMIL & PARTNERS, INC...............................................
CALVIN GIORDANO & ASSOCIATES, INC...........................................
CPH... N.............................................................M..N.................................
EAC CONSULTANTS..............................................................................
FERNANDEZ—BERAUD, INC...............................................................
KEITH AND ASSOCIATES, INC..............................................................
KEITH AND SCHNARS...........................................................................
MARLIN -ENGINEERING, INC...................................... 0.......................
MILLERLEGGN...........M............ N...... .............. .N..... 4.M... ............. 4.......
PISTORINO &ALAM CONSULTING ENGINEERING, INC.................
R.J. BEHAR & COMPANY, INC....................... ......... ...0.0....6.....
..........,.
RODRIGUEZ AND QUIROGA, ARCHITECTS CHARTERED ...............
SOL - ARCH . .
S.R.S. ENGINEERING, INC.....................................................4............
STANTEC................................................................................4.............
THE CORRADINO GROUP..................................................................
T.Y. LYN INTERNATIONAL.................................................................
WOLFBERG ALVAREZ & PARTNERS.. ...............................................
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS RAVE BEEN COMPLETELY REVIEWED.
City Clerk: MAM M. MENENDEZ • '
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Print Name Signature
Witness: `�O ti k e6fe k
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Witness:
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PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SERVICES
RFQ #PW2016-22
SHORT LIST INTERVIEWS FINAL RANKINGS - FEBRUARY.1, 2017
i Calvin
Giordano
Corradino
Group
EAC
Consulting
Marlin
Engineering
RJ Behar
SRS Eng:
Stantec
TY LIN
EEvaluator
ali
92
93
96
100
96
97
98
100
rtinez
91
91
96
95
95
97
90
96
kins
85
70
90
90
80
85
90
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Calvin
Corradino
EAC
Marlin
Evaluator
RJ Behar
SRS Eng;
Stantec
TY LIN
Giordano
Group
Consulting
Engineering
Shari Karnali
92
93
96
100
96
97
98
100
Calvin
Corradino
EAC
Marlin
Evaluator
RJ Behar
SRS Eng.
Stantec
TY LIN
Giordano
Group
Consulting
Engineering
Grizel Martinez
91
91
96
95
95
97
90
96
Calvin
Corradino
EAC Marlin
Evaluator
RJ Behar
.SRS Eng.
,Stantec
TY LIN
Giordano
Group
Consulting Engineering
Jane Tompkins
85
70
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80
85
90
75
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EXHIBIT
PROFESSIONAL SERVICE AGREEMENT
"ProfewlonW Geneva! Engineering and Amhltectural Serviceie'
RFQ W2016-22
THIS AGREEMENT made and entered into this 9& day of Becel. 20a.
4. by and
between the City of South Miami, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and EAC Consulting Inc. who is authorized to do
business in the State of Horida, (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:
1.1 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.
II 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 ces. ][he CONSULTANT shall RS&rm the work as set forth in the Scoff
Of Services as described in the Notice to Proceed.
3.0 Time for Comte
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 Comoen�tion: 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 foxed 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 readied, 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 51 of 66
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wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHAIENTA.
5.0 Payment and Partial Pam, 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 see forth in
ATT'ACH§WENT 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 AGREEMDM
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 _p 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.
9.0 Audit Righ=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 Nogotiations: 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 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 knower 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.
Pap 32of"-
ymwm F. Pepe 96
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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 lays and/or
regulations. .
12.0 The CONSULTANT warrants that It has not employed or retained any
company or person, other than a bona Ode 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.
13.0 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 C17Vs 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 -TA=. 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 Defauk. 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 8 to
this AGREEMENT.
17.0 AMment N21 Exclushte Nothing In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
19.0 Codes. Ordinances and laves, 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 C17 Y's solicitation, if any, applicable to this
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AGREEMENT.
19.0 CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Daig Free Workplaca. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 IndgpwWdnt Contracto 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 . 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 federat state, and CITY, which may be applicable to
the service being provided.
23.0 Licenses and CerdfKations. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 _AMment. Mo ificadon. and BindingEffect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreenents, understandings, representation or negotiation, written
or oral. This AGREEMENT may not be modified or amended except In writing srgned
by both parties heret6. 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 jury 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 EKecuted Conies. 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.
29.0 Swerabift. 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 entire any party to exercise any remedy reserved to it in this
Page 54 of 66
T4 mnu F. 98
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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
parraph, 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 Discrlminatlon and Equal E-mplo, 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 verninaimm& 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 Cites 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
34.0 Third Party Beneficiary. It Is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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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 Esgengg. Time Is of the essence of this AGREEMENT.
37.0 JM ►eta gn. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
39.0 Force Maier 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 SubcontracdpZ 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 lawn (s.119.0701) while providing goods and/or services on behalf
of the C17Y 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 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 lave 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 HAS QUESTIONS REGARDING 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 305463-6340; E-aadh mmemndez@aoaMm1aami l.Zov -, 6130 Suns
Drive, Soule Miami, FL 33043.
41.0 hlotices. Whenever notice shall be required or permitted herein, it shall be
Pass 56 of "
Timm F.ftpe
10113=ra
100
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: tpepe@sou„thmiamifi.gov
To CONSULTANT:
42.0 Corporate 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.
A7 D:
Brd
aria H. Menendez Z14C
r
City Clerk
Thomas F. Pem
aa1=oi6
CONS
�t
Michael Adeife, P.E.
(Print NaTjAbove)
city South Miami
By:
Steven Alexander
City Manager
Page 57 of "
101
Read and Approved as to Porn, Language,
Legtigr'and Excadon thereof.
Thomas P. Pepe, Esq.
City Anorney
• PPsoof
Thamu F. Pepe
oaou�oos
102
to
1
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.
Ana Grace, P.E.
Project Manager
cc. Mike Adeife, P.E. — EAC Consulting, Inc.
Attachments: Exhibit A — Compensation rev 2017-03-31
103
815 NW 57 Avenue, Suite 402 1 Miami, FL 331261 Phone: 305-264-2557 0Fax: 305-264-8363 Ewww.eacconsuitcom 9CA# 7011
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
CITY OF SOUTH M IAMI
"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 Rates
Principal
$180.00
$181.46
Sr. Project Manager
$150.00
$179.66
Project Manager
$130.00
$171.58
Senior Engineer
$125.00
$148.22
Senior Planner
$125.00
$134.75
Planner
$85.00
$103.31
Senior Traffic Engineer
$125.00
$134.75
Traffic Engineer
$85.00
$103.31
Senior Designer/Engineer
$90.00
$107.80
Designer
$80.00
$85.34
Engineer Intern
$75.00
$75.00
Senior CARD 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
Landscape 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
1 $60.00
$76.36
EAC Consulting, Inc. 104
City of South Miami RFQ #PW2016-22
SALARY COSTS
Category
South Miami Benchmark
Hourly Rate
EAC 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 /2017
Michael e, P.E Date
Senior Vice President
EAC Consulting, Inc. 105
City of South Miami RF'Q ##PW2016-22
South l Miami
na .91r tx 11F. MNI In%-#:
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Sendcee
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 Services" is defined as:
® Certified Arborist 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.S.1 of the
QWs 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 Profe al Services Agreements.
�igSlft.1'::. of South Miami
BY., y
�en Alexander, City Manager
3130/2017
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
"-�
By:
Thomas F. Pepe, City Attomey
106
ATTACHMENT 6
ONSURAN CE & IN®EMN IFUCATIONO REQUOREMEN'T'S
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
1.010 Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is
against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will
protect the FIRM, at a minimum, from all claims as set forth below which may arise out
of or result from the FIRM's operations under the Contract and for which the FIRM
may be legally liable, whether such operations be by the FIRM or by a Subcontractor or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable: (a) claims under workers' compensation, disability benefit
and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or
disease, or death of the FIRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees;
(d) claims for damages insured by usual personal injury liability coverage; (e) claims for
damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; (f) claims for damages because of
bodily injury, death of a person or property damage arising out of ownership,
maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage
arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.011 Firm's Insurance Generally. -The FIRM shall provide and maintain in force and effect until
all the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
1.012 Workers' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including Chapter
440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
Page 60 of 66
Thomas F. Pepe
1011312016
107
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 Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including.
o Personal Injury: $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 he
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is
sublet, the subcontract shall contain the same insurance provision as required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1:017 Fire and Extended Covera&e 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
1011312016
108
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 FIRMS 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
10/1312016
109
(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.
Indemnification 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
110
Thomas F. Pepe
10/13/2016
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
1011312016
111
EXH0BOT
PROFESSRONAL SERVICE AGREEMENT
11Pmf=IonW GwemB Engineeft and Architectural Services"
RFQ W2.006.22
THIS AGREEMENT made and entered into this 31 ! ;lay, of Ail AR t 20\1 by and
between the City of South Miami, a municipal corporation (hereinafter re%rred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manages) and twagl"EcmAA who Is authorised 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:
Eve :1. = r..
I.I A Notice to Proceed will be Issued by the'City MarW, 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 move Notice to Proceed (hereinafter
referred to as the "WORWI. nor does it obligate the Owner in any manner to
guarantee wrork for the CONSULTANT.
II 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 ScM—f Entices._ The CONSULTANT shall nerform_the wadi as set forth in the Scogn
3.0 Troia for Coffin
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 extmlon 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 Cam, on: The fees for services of the CONSULTANT shall be
determined by one of the following medwds 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 fined sum as
mutually agreed upon by the CITY and the CONSULTANT and If such an
agreement is ruched, 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 ae of 66
mmum P. Pepe
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135
112
wages, benefits, overhead and profit and that shall be In writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMA.
5.0 BWent and Partial Bents The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
prtiwious 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
CONSULTANTS Invoice as the work progresses but only for the work actually
performed and approved In waiting by the City Manager.
6.0 Rhk of QolslanL All services shall be performed by the CONSULTANT to the
satisfaction of the Cr1 Y's representative, who shall decide all questions, diflicuitles and
disputes of whatever nature which may arise under or by reason of this AGREEMENT,
the prosecution and Wilment of the services, and the character, quality, amount and
value. The representative's decisions upon all claims, questions, and disputes stall be
final, conclusive and binding upon the parties unless such determination is clearly
arbitrary or uni enable. 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 Oamership of Dacuments. 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 ft L 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 &W payment Is made. This provision is applicable only to
projects that are on a time and cost basis.
9.0 Truth4n , , nations: If the contract amount exceeds the threshold amount provided
In s. 287.017 for category four, the CONSULTANT shall execute a auh-ft negotiation
certdicat,e stating that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of contracting. In such
®vent; the original contract price and any additions thereto shall be adjusted to exclude
any signif cant 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 Subb,pg,.—The CONSULTANT shag not assign or transfer its rights under this
AGREEMENT without she wWress 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 Unaudiorkzed 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 -CONSULTANT: used by the CONSULTANT as
well. The CITY reserves the right at its discretion, but does not assume the obligation,
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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 do behalf of the CITY lnckrding 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 hews and/or
regulations.
12.0 jpc: 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 worWng solely for the
CONSULTANT any fee, commisslon, 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
musty.
13.0 Termhudon. It Is fly 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
nay terminate this AGREEMENT by written notice to CONSULTANT, and In either
event the Cl7Vs sole obligation to the CONSULTANT shall be payment for die 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 die 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
permed
14.0 Imo, This AGREEMENT shall remain in force until the end of the team, which Includes
all authorised renewals, or useless 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 amminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event mall the term exceed five (5) years
following the Issuance of the Notice to Proceed.
15.0 Delau 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 IVd fees.
16.0 Inwraneg and Indemnification. The CONSULTANT agrees to comply with CITrs
Insurance and Indemnification requirements that are set forth In ATTACHMENT B. to
this AGREEMENT.
17.0 Ammons blot Excluslim Nothing In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
19.0 Coda Ordinances and Laws. The CONSULTANT agrees to abide and be governed by
all duly promulgated and published municipal, county, state and federal codes,
ordinances, rulbs, 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 Cr1 Y's solicitation, if any, applicable to this
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AGREEMENT.
19.0 Jam, 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 0hn Free Wnrkhce. CONSULTANT shall comply with aws Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Ineaetu W Connector. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to crenate a partnership,
joint venture, or agency relationship between the parties.
22.0 Duties and RlMlI hilif ies. 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 CerMeadons. CONSULTANT shall secure all necessary business and
profe:skonal licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire AZr=ent_Modification. and Rindina This AGREEMENT consdwas the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, underatandirrgs, representation or negodadon, written
or oral. This AGREEMENT Wray not be modified or amended except In wridre slgned
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 term 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
l 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 vafid unless approved
by written resolution of the City Commission.
25.0 ju[y Trial. CITY and CONSULTANT knowring 4 irrevocably voluntarily and
1 intentionally waive any right either may have to a trial by jury in State or Federal Court
proceeds in respect to any action, proceeding; lawwIt or counterclaim arising out of
this AGREEMENT or the performance of the Work thereunder.
26.0 Va WU of Executed Cow This AGREEMENT array be executed In several
counterpM each of which shall be construed as an original.
27.0 Rules of Interpmation: Throughout this AGREEMENT the pronouns that are used may
' be substituted for male, f mWe or neuter, whenever applicable and the singular words
substlad for plural and plural words substituted for singular wherever applicable.
28.0 If any term or provision of this AGREEMENT or the application thereof to
any person or circumsmnce 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
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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 r1ght or
power accruing upon any default shall impair any such right or pourer 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 fallure 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 pare, 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 berm, 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.
3I.0 Ng Discrimination and Equal JMIgo=nr_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 staves, marital status.
ethWcity, sexual orientation or physical or mental disability as proscribed by law and
that R will take aflirmative 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 placa. The City
of South MWs hiring practices strive to comply with all applicable federal regulations
regarding employment elWbillty and employment practices In general. Thus. all
Individuals and entities seeking to do work for the CITY are meted to comply with all
applicable laws, governmental requirements and regulations. Including the regulations of
the Unload 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 G� ing Lmm s. 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 EffecOm 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 Ws 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 CWs Charter, then the date of approval by City Commission, whichever is
later.
34.0 Third PaW Beneficearv. 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
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anyone other than the parties hereto, and that only the parties hereto shall have
any ruts hereunder.
35.0 Further Amrances 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 'Tinge of Essence. Time is of the essence of this AGREEMENT.
37.0 Inwnretaftn. This AGREEMENT shall not be construed more strongly qplm either
party herem regardless of who was more responsible for Its preparation.
38.0 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/subconnsuitants
as it is for the acts and omissions of people dlrecdy employed by it All
subcontractos/subconsukam and their agreements, if allowed by this AGREEMENT,
rust be approved by the CITY. The CONSULTANT shell 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 Publ�ao,. �ds: CONSULTANT and all of its subcontractors are required to comply
with the public records law (s.l 19.0701) while providing goods and/or services on behalf
of the C17 Y and the CONSUXTANT, 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
disciosed except as authorized by lawn for the duration of the contract term and
followhtg 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
publk agency all public records In* possession of the contractor or keep and m dmin
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 shored electronically
must be provided to the public agency, upon request from the public agency" s custodian
of public records, In a format that Is compatible with the Information technology
systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPUCATIOIN OF CHAPTER 0 89, FLORIDA STATUTES, TO THE
COf+ITRACTOR°S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 309-603-6340; E-mail: mmenendez southm1amlfLgpv; 6130 Sunset
®rive, South Miami, FL 33143.
41.0 Nod Whenever notice shall be required or permitted herein, It shall be
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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 a -mall) or facsimile transmission numbers set forth below:
To CITY: city maw,
6130 Sunset Dr.
South Mlami. FL 33143
Tel: (305) 668-2510
Fax: (30) 663-634S
E-mail: salexanderQsouthmiarnifl.gov
"th copies to. City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0504
E-maih aaQeftseuthmiamifi..Mo,
To CONSULTANT:
42.0 Comb thorny: The CONSULTANT and its represernadve who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
rep esentative have, and have exercised. the required corporate power- and that diet'
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 authorised
corporate officer, In accordance with such officers powers to bind the CONSULTANT
hereunder. and const uan a valid and binding obligation enforceable In aceordance with
Its terms, conditions and provisions.
IN WMNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
ATTEST: City of So& Miami
Bir. `` �z•' i PCs. '. By:
P'laria M. Menendi& CMC ;� S Atexal
City Clerk U City P�@anager
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Read and Approved as to Porm, Lange,
Lepolty and Exton thereof:
Thomas F. Peke, E.
City Alt m emy
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2.,
South Miami
IAIt MIY0114FA5&.V1 IWFL•.4i
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
' ftfi sslonal General f ineeting and Anhttedural SereN.es"'
RFQ 6PW2016.22
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 Services" is defined as:
® Cerdfled Arrborlst Services:
Consuitant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 2045.1 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 notational 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.
com
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y.
` Steven Alexander, City Manager
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
6y:
Thomas F. Pepe, City Attorney
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ATTACHMENT A
6"COMPENSA` OON11"
PROFESSIONAL SERVICE AGREEMENT
"ImfOulma9 GWD2ml EngMeerjng and Amthect nd Sricce
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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
$150.00
Project Manager
$130.00
Senior Engineer
$125.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$75.00
Senior CADD Technician
$75.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00 .
Construction Inspector
$75.00
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
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ATTACHMENT.8
INSURANCE & INDEMNIFICATION REQUORENENTS
PR®FESS®NAL. SERVICE AGREEMENT
"Profusim W Geoad Ea sh me�iag aan4 l�e+d-I rma SerWcas"
RFFQ OPw2016.22
1.010 hmurance
A. Without IlmIdng Its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shag
be requited 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 daims 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 direceBy 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 waiting 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 lawfWly authorized to sell
Insurance in the State of Florida, on forms approved by the State of Ronda, as will
protect the FIRM, at a minimum, from all claims as sea forth below which may arise out
of or result from the FIR113 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 Wray be liable: (a) daims 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) dims for dafnq s 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
buddy 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 Genudy,—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 MWlQ=11ensation 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.
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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.
0.013 Commercial Compmhenshm General Uabllity insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severabiiity of Interest with cross liability provision, and personal Injury and property damage
liability with Limits of $1,000,M combined single limit per occurrence and $2,0006000
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 Cemmertlal Comprehensive General Liabilft insurance shall be written on a
Florida approved form with the same coverage as the primary Insurance policy but In the
amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
Include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hbzard
(d) Explosion, Collapse and UnderV=nd 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 Uability and
Property Damage Liabft.
1.0 IS &Wness Auwmdbk LbM with minimum limits of One Million Dollars
($1,000,000AO) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Llabiiky. 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) Mired and Non -Owned vehicles
(c) Employers' Non -Ownership
1.016 SUBCO-bDMACTS: 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 Eumded Coverage Insurance (Ililders' Risk). IF APPLICABLE:
C. In the event that this contract involves the construction of a structure, the FIRM shag
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 fixa m belonging to and constituting a part of
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said buildings or structures. The policy or policies shall also cover (machinery, d 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
tunes, 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 Mimkneous section herein below shall apply to this
coverage unless it would be dearly not applicable.
1.018 mliallaneous
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 cancefiadon, change, or motion so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the We of this Contract
G. M 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 whom 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 "severabliity of
interest" or "cross [ability" clause without obligation for premium payment of the CITY
as well as contractual Iiability provision covering the FIRKS 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, addirm 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. Bests Key Rating Guide. latest edition and authorised 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 Mimi becomes legally obligated to pay as damages
because of 'bodily Injury", 'property damage', or "personal and advertising
lnjury" 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";
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(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 mall, 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
dalrn If any, not to exceed 5% of the limit of Dablllty 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
consavcdon and acceptance of any Project covered by this Agreement However, the
FIRM may purchase Specific Project Professronal Liability Insurance, In the amount and
under the terms specified above, which is also acceptable. No Insurance shall be Issued
by a surplus lines carder unless authorized In waiting by the city at the city's sole,
absolute and unfettered discretion.
Indenarnifica don 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 a0 damages, claims, liability, losses,
clahrs, demands, sults, 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, medlation, 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, affillates, 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 of0cers, 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
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officers. aifillates. 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 Flan, 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 Fire's obligations under this AGREEMENT.
J. The Firm agrees and recognizes that neither the CITY nor Its officers, affillat3es,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such dalms which may result from or
arise out of actions or omissions of the Firm, its contractor/subcontractor or any of
their agents, rtpresentatives, employees, or assigns. or anyone acting through or on
behalf of the them, and arisit out of or concerning the work or event that Is occurring
on the CITIN property. In reviewing. approving or re4ecting any submissions or acts of
the Firm, CITY In no way assumes or shares responsibility or liability for the aces or
omissions of the
Firm, its contractorlsubcontractor or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
K. The Finn 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, tosses,
and costs. Including but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recidessness, or intentionally wrrongful 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
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PROFESSIONAL SERVICE AGREEMENT
"PrafmssloaW Gemerag Engine ft and Archltfgural Serviceel
RFQ W0&22
THIS AGREEMENT made and entered into this day of %4 20'n 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
Cigr Manager) and _ S tiS 'E �i= .4 �s=, , who Is authorised to do
business In the State of Rorlda, (hereinafter referred to as dne "CONSULTANT'. In
consideration of the premises and the mutual covenants contained In this AGREEMENT.
the parties Wee to the following terms and conditions:
1.0 General Provisions
1.1 A Nodce*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
odo than the work described in one or more Notice to Proceed (hereinafter
referred to as the ' WORK'1, nor does it obligate the Owner in any manner to
guamntee work for the CONSULTANT.
1.2 The CITY agrees that it will furnish to the CONSULTANT av"e 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 Swim of Services. The CONSULTANT shall RMEM the waEk as set forth in the cope
of Services as described In the Notice to Proceed.
3.0 33M2 for r CoIl
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
s 1b R e nt to the execution of this AGREEMENT and shall be completed within
the time set forth In the Notice to Proceed or other document s'lgned by the
City Manager, or deslgn®e.
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 performalroe of his duties Impossible.
4.0 Bask of Comte 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 fined 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 ATrACHA ENTAs
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
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watt, benefits, overhead and profit and that shalt be in wridng, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMENTA.
5.0 Payment and Partial B=ernts, The CITY wriil 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 followring 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 Rcaht_ of Decisions. All services shall be performed by the CONSULTANT to the
satisfkedon of the CITY's representative, who shall decide all questions, di iculdes 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, quallty, amount and
value. The representative's decisions upon all claims, questions, and disputes shall be
final, eonckolve and bhhding 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 l"lanager.
7.0 OAvnmft_ of Documents. All reports and reproducible plans, and other data
developed by the CONSULTANT for the purpose of this AGREEMENT shall becorne
the property of the CITY without restriction or limitadon.
8.0 Awk RlghThe 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 Tmith-ln Negagaganx if the contract amount exceeds the threshold amount provided
in L 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, complet% and current at the time of contracting. In such
event, the original contract price and any add'Kions thereto shall be adjusted to exclude
any slgnilicant 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 w MIn one year following the and 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 dudes, obligations and responslbllldes provided the
assignee meets all of the CITY's requirements to the CrMs 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 UnauthodZW AkmL, The employment of unauthorized aliens by the CONSULTANT Is
considered a violation of Federal Law. If the CONSULTANT k nowin* 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,
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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 r n 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 otter than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gips 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
AGREEEIMENT 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 shag 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 monles paid for any period of time for which no work was
perforned.
14.0 This AGREEMENT shall rennin 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 Notim to Proceed and one two-
year option -to renew. The option to :renew Is at the discretion of the City (Manager.
The CITY nray terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However. in no event gnat( the term exceed Rve (S) years
following the issuance of the Notice to Proceed.
15.0 Deku, In the event either party falls to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party In default and notify
the defaulting panty In writing. If CITY Is In dafauk, the CONSULTANT wfil only be
compensated for any completed professional services and CONWLTANT 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
shag return such rams 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 Insumce 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 Agmmm Not Exclu Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or sbvtilar services.
18.0 C_o ft 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
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AGREEMENT.
19.0 I CONSULTANT shall be responsible for payment of all fed" state, and/or
local taxes related to the Work, Inclusive of sales tax R applicable.
20.0 QW Free Wadqkce. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is nnade a part of this AGREEMENT by reference.
21.0 Indapailftt Can 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 &=011hilldes. 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 Uum and Cw0cado CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 ,Entire Assemen-Madification, and Wndini Effe= This AGREEMENT constitutes the
entire agreement of the parties, lnaxWrates all the understandings of the parties and
supersedes any prior agreements, understandinp representation or negotladon, written
or oral. This AGREEMENT nray not be modified or annended except In writtng 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 assign. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it compiles 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
Iwritoan resolution of the City Commission, or Itsuch 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 jggr Trial. CITY and CONSULTANT Imow tn* Ill vocably voluntarily and
intentionally waive any right either may have to a trial by jury In State or Federal Court
proeeedbW in respect to any action, proceeding lawsuit or counterclaim arising out of
this AGREEMENT or the perfcrnrasnce of the Work thereunder.
26.0 yalliift of Executed Coats. This AGREEMENT may be executed In several
counterpartsi each of which shall be construed as an original.
27.0 Rules of Interpre9 ftw. 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 Sommbift. If any to or provision of this AGREEMENT or the application thereof to
any person or circumstance shall, to any octant, 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 tem 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, shalt be In addition to, and shall not be construed in
any way as a limitation of, any rights and remedies available at lass 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
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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 Mon -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 waterer 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 wul a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breads. The failure to enforce this AGREEMENT as to any particular breach or default
ftg not act as a waiver of any subsequent breach or default
31.0 No Dixriminatlon and Equal EMRjgXMjgjL1No action shall be taken by the
CONSULTANT, nor wi0 it permit any acts or omissions which result In discrimination
aggainat any pwson. 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 a4firmadve action to ensure that such discrimination does not take place.
The COMULTANT 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 penury, to the CITY, that CONSULTANT Is in compliance
with all applicable regulations and laws governing employment practices.
32.0 Garerni g ars. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Horida, with exclusive venue for the resolution of
any dispute being a court of competent �i ctlon in Miaml-Dade County, Aorlda.
33.0. Ef kcdve 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 CWs 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, whkhever is
Pater.
34.0 Third Party Renefidart. 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
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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 gi Earsenae. Time is of the essence of this AGREEMENT.
37.0 This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
39.0 fM MaleuM Neither party hereto shall be in default of its failure do perform its
obbpdons under this AGREEMENT if caused by acts of God, civil commotion, strike%
labor disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mkdgated. Each party shall notify the odher 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 subcontmctors/subconsukanta
as it is for the acts and omissions of people directly employed by it. AA
subcontractorsisubconsuitants 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 oblations 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 pubbc 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 "act. Under such condition.
CONSULTANT and its subcontractors are specifically required tw. (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 pubbc records that are
exempt or confI%M1 s%' d and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and
folowing 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
pudic 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 confi ntial
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
appEcable requirements for retaining public records. All records stored electronically
must be provided to the public agency. upon request from the public agency's custodian
of public records. In a format that Is compatible with the Information technology
systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAP" rER 18 9, FLORIDA STATUTES, TO TIME
CONTRACTOR'S DUTY TO PROVIDE PURUC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: rshmenene8outhmiamIfLgoer, 6830 Sunset
®hive, South Miami, FL 33143.
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
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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: (30S) 667-2S64
Fax: (30S) 341-0S84
E-mail: tpepe@southmiamifl.gov
To CONSULTANT:
42.0 Corporate Authorit .. 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 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.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
CONYJ L T* n
j;Z
By: :
.4Ci0 6MA0047'°4-
(Print Na e)
A City
By:'� BY
aria M. Me
C f
City Clerk
Page 57 cf 66
Steven Alexander
City Manager
Thomas F. Pepe 134
1811=016
Read and Approved as co Form, langMe,
LepUty steel Execudon thereof.
RY�
Thomas F. Pepe, Esq.
City Amy
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ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ f#PW2016-22
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 Services" is defined as:
a Certified Arborist 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
. BY
BY: •
SR ngineering, Inc.
Ignacio Serralta/Presldent
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
Thomas F. Pepe, City Attorney
i Miami
Alexander, City Manager
136
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SEWCE AGREEMENT
"ProfankmW GenoW Enghmm ing =W Archkocdand g vkos"
RM I016-22
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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
$150.00
Project Manager
$130.00
Senior Engineer
$125.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$75.00
Senior CADD Technician
$75.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$75.00
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
138
ATTACHMENTS
ONSURANCE & IN®ENNIFICAT'I®N REQUIRENEN'S
PROM5310ML SNVICE AGREEMENT
" ProfesaianW Ck9 Ea gInaWng wW AmNftcturml Services"
RFQtVFW2016-22
1.010 Imrance
k Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indernnifrcation requirements) shag
be required to procure and maintain at its own expense during the life of the Contract;
Uuurance of the types and In the minimum amounts stated below as will protect the
FIRM, from damns 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 aca any of them may be liable.'
0. No insurance required by the CITY shall be Issued or written by a surplus Ones carrier
unless authorized In waiting 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 operations under the Contract and for which the FIRM
may be Lally Gable, 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 IbWe: (a) Balms 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, acedpational 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 ownershlp,
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 F IRM's obligations under the Contract.
1.011 Rrm'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 Inimm 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.
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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 Workees Compensation Insurance.
1.013 Commercial Comprehensive General UabilbX insurance with broad form endorsement,
as well as automobile iiabiky, completed operations and products liability, contractual liability,
severability of Interest with cross liability provision, and personal Injury and property damage
Ilabillty with limits of $1,000,000 combined single Ihnit per occurrence and $3,O006000
aggregate, including:
o Personal Injury: $1,000,000;
o Medical Insurance: $5,000 per person;
Property Damage:;500.000 each occurrence;
1.014 UComla bensiye General LiabilJW 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 Uability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(fD 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
minlmwn limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Uability.
1.0I S Business Automobile LhN with minimum limits of One Million Dollars
($1,000,000 00) plus an additional One Milgon Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage WMIlty. 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' Ikon-Ownershlp
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 Ended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the woM FIRM for CITY where applicable.
1.017 Fire and Extended Coverage Insurance Widers' Rft IF APPLICABLE-
C. In the event that this contract invohres the construction of a structure, the FIRM shag
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
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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 Mbceliahheous:
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 covwMe 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 "severabiiity of
interest" or "cross liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the FIRKS duty to indemnify the City
as provided In this Agreement.
I. Before starting the Work. dw 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. Bests Key Rating Guide; latest edition and authorized to Issue
insurance In the Stage 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 nay be required by the CITY.
at its sole discretion, to provide a "cerdfied 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 Mlami becomes IgA1y 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";
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(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 mate the policy for any reason. The
notification shall be delivered to the City by certified mall, with proof of delivery
to the City."
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 shalt also provide Processional Uabiihy
Insurance on a Florida approved form In the amount of $1,000,000 with deductible per
claim 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 shag be euintalned for four years after completion of the
construction and acceptam 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 carry unless authorind In writing by the city at the cW:s sole,
absolute and unfettered discretion.
Indemndfieadon Requirement
G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which
Wright 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. floes, 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 lIdpdon, 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.
1. The Firm shall pay all chims, losses and expenses of any kind or nature whatsoever. In
connection therewith, including the expense or loss of the CITY and/or its affected
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officers, aAihates, employees, successors and assigns, including their attorneys 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,
representadvat, 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 limit's obligations under this AGREEMENT.
The Firm agrees and recognizes that neither the CITY nor Its officers, afSliates,
employees, successors and assigns shall be held liable or responsible for any claims,
inducting 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 an
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 contractodsubcontractor or any of their agents. repe-esentaudves. employem
or assigns, or anyone acting through or on behalf of them.
The Firm has the duty to provide a defense with an attorney or Iaw firm approved by
the City of South Miami; which approval will not be unreasonably withheld.
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
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QuaHficatton Statement - Part 2 - Standard Forms
EXHIBIT
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RPQ #PW2016-22
THIS AGREEMENT made and entered into this �1 s{ day of N" , 20_n_ 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 S-1 amc 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 144
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Professional General Engineering and Architectural Services 1114
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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, 145
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Quallflcation Statement - Part 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 (5) 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 8 to
this AGREEMENT.
17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be 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 146
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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 -IuQf 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
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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.
31.0 No Discrimination and Equal Employment: No action shall be taken by the
CONSULTANT, nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basis of race,
creed, 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 Party Beneficiaa. 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
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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.1 19.0701) 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 019, FLORIDA STATUTES, TO THE
CONTRACTOR"S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 30S-663-6340; E-mail: mmenendez@southmiamifl.god; 6130 Sunset
®ride, South Niami, FL 33143.
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
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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: slexander@southmiamifl.gov
With copies to:
To CONSULTANT:
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpeDe0southmiamifl.gov
42.0 Corporate 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.
ATT D:
Byi
Maria M. Menendez;'eKC
City Clerk
c
5
Vice resBy a a, President
Stantec Consulting Services Inc.
(Print NameboyA
City of South Miami
By.
.,,�` even Alexander
City Manager
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Professional General Engineering and Architectural Services 1120
Read and Approved as to Form, Language,
Legality and Execution thereof.
By:
Thomas F. Pepe, Esq.
City Attorney
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I ARM
South iami
na e"w r UMM UMIE
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Pro#esftnal general Enoneering and Archltecturai Sere
RFQ #PW2016-22
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 Ceded Arborlst Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's Land Development Code. The review Includes the initial site Inspection followed
up by the determination of mitigation and a final Inspection. When needed, assist City
Departments with other issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational list for "Certified Arborists Servicee 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:
04 CDmlmk, V. P.
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereoh
Thomas F. Pepe, City Attorney
City of South M
By:
c
Steven Alexander, City Manager
152
ATTACHMENT A
"COMPENSATOON119
PR®FESSO®NL SERVICE AGREEMENT
"Pt cfmfon 8 GOMW Ens wing wW Archiftceund Swvice"
RFQ006-22
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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
154
ATTACHMENTS
INSURANCE & ONDENNIFICATION REQUIREMENTS
PROFESSIONAL SERVICE AGREEMENT
" F Weniond Generd Enghnerireg and AmMteceerel SereloW
RFQ 2016-22
1.010 InsurancA
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRTH" 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 dab= which may arise out of or result from the contract or the
perfonrsnce of lice contract with the City of South Miami, whether such claim Is
against the FIRTH 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.
8. No Insurance required by the CITY shall be issued or written by a surplus tines carrier
unless authorised 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 authori ed 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 FIRTH
may be legally liable, whether such operations be by the FIRM or by a Subcontractor or
by anyone direcdy or indirectly employed by any of then% 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 [lability 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 FkoA Insurance Generft-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' QMensation 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.
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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 Workers Compensation Insurance.
1.013 Commercial Comprehensive General Uabillig, Insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severabillty 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: $1,00%000;
o Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.014 Umbrella Commercial Compreh=Om 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, widum restrictive endorsements, as filed by the Insurance Services Office. and must
include:
(a) Premises and Operation
(b) Independent Conautors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Corpse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specificContract» Including any
hold harmless and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minlmwn limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 RusinessAummoblIeLlabil 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) hilted and Nlon-Ownhed Vehicles
(c) Employers' Non -Ownership
1.016 SUBCONTR ► L :'the FIRM agrees that if any part of the !Mork under the Contract is
sublet, the subcontract shall contain the same Insurance provision as required by of the Firm,
other tsan the Fore 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 ftllders' 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
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said buildings or structures. The policy or policies shall also cover machinery, N the cost
of machinery is included In the Contract, or if the machinery is located in a bullding 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 insw=ce 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 He of this Contract.
G. AM deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall ellminate 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
eupressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the iot at any time to request a
copy of the required policies for Review. All policies shall contain a "seve rability of
interest" or "cross liabllkf' 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,
I. Before starting the Work. the FIRM shall deliver to the CITY cerdflcates
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 AM. Bases Key Rating Guide, latest edition and authorized to issue
Insurance In the State of Florida. AD 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 polity (as defined in Article I
of this docuvnt) which shall Include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
Insurance cerdflcate, 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 sum
that the City of South Miami becomes legally obligated to pay as damages
because of 'bodily Injur/" , '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'
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(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 (00) 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
claim if any, not to emceed 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 Liability Insurance, In the amount and
under the terms specified above, which is also acceptable. No kuuranee shall be issued
by a surplus tines carrier unless authoriaad In writing by the city at the cWs sole,
absolute and unfettered discretion.
Indemnificam Born Requirement
G. The Firm accepts and voluntarily Incurs ali 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, tines, 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 land 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. contractorisubcontractor 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
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officers, affiliates, employees, successors and assigns, including their attorneys 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 Rr r% 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 oblgations under this AGREEMENT.
J. The Rrm agrees and recognizes that neither the CITY nor Its officers. afEliates,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such dalms which may result from or
arise out of actions or omissions of the Firm, Its contractor/subcontractor or any of
thNr 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 CfTY'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.
fK. The Rrm has the duty to provide a defense with an attorney or law firm approved by
the City of South Kama. which approval will not be unreasonably withheld.
L. However. as to design professional contracts, and pursuant to Section 725.08 (I).
Florida Sttutes. none of the provisions set forth herein above ghat are In conflict with
this subparagraph shall apply and this subparagraph shall set forth the sole
E responsibility of the design professional concerning indemnification. Thus, the design
professlonal'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 SEC710H
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'ria-MH00IT 06
PROFESSOONAL SERVICE AGREEMENT
"Pnftuland Gwers9 Engineering wW Archlocturd Semlcea"
RFQ#PVMI&22
THIS AGREEMENT made and entered into this day of ' 20 n 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 iMartager) and _5' KS EtA %`,w w4 < <ok c. who is authorized to do
business In the State of Rorlda, (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.
1.1 A Notice to Proceed will be issued by the City Manger, 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 'WORIC'), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
II 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 lssuance of the Notice to Proceed
and upon written request of the CONSULTANT.
2.0 %MpQf SerrlicM. The CONSULTANT shall na[orm 9the work as set forth In the Stoke
ofSer kes 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 forte 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 Ruh of Comte 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 ATYACHMEN "A.•
4.2 Hourly rate fee: If there is no faced 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
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wages, benefits, overhead and profit and that shal9 be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMEW A.
5.0 Pa Ant and Partial Bents, The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forte 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 CIIY'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, conckWn 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 Cie/ Manager and shall abide by the decision of the
Cky Marmger.
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 RiehtL 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 L 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 contact adjustments must be made within one year following the end of the
contract.
10.0 u 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 CITrs requirements to the CITrs 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 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,
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to require proof of valid citizenship or. In the alternative, proof of a valid green card for
each person employed In she 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 lawns and/or
regulations.
12.0 Warmn • 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, percennige 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
Ilabliity.
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 authorising WORK, or, if a Notice to Proceed Is issued, CITY
may terminate thfs AGREEMENT by written notice to CONSULTANT, and In either
event the CI7Vs sole obligation to the CONSULTANT shall be payment for the work
previously authorised 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 This AGREEMENT shall remain in force until the end of the term, which Includes
all authorised 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 shai9 the term exceed five (5) years
following the issuance of the Notice to Proceed.
15.0 Debu1L. In the event either party falls to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party In default and notify
the defaulting party in writing. if CITY is in default, the CONSULTANT w M 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 CnY's
Insurance and Indemnification requirements that are set forth in ATTACHMENT B.to
this AGREEMENT.
17.0 Agmmnt Not Wuslye Nothing In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 bodes. Ordinances and faros. 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
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AGREEMENT.
19.0 Tana CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales talc if applicable.
20.0 P= Free WorfcQlace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Indegendent Conr. 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 a2MBAMIdes. 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 CerMcaft CONSULTANT shall secure all necessary business and
pr+lofessional licenses at its sole expense prior to executing the AGREEMENT.
Entire sire wgernenc. Ma cation, and Rif i&0g_F =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 racy 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 mod'Iticadon or amendment of any terms or provisions of this
AGREEMENT shai0 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 aces 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 ju[X TrW. 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 Cow This AGREEMENT may be executed In several
coul terparts. each of which shall be construed as an original.
27.0 Rules of InftMr=9on: Throughout this AGREEMENT the pronouns that are used may
be sulutituted for male, female or neuter. whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 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. shag 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 taw.
29.0 Cumulative Remedies` The duties and obligations imposed by the contract documents,
If any, and the rights and remedies avallable 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 entide any party to exercise any remedy reserved to It in this
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�iGREEMENT, 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 Win -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, induding 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 tterrm condition or provision of this AGREEMENT will not consdtute a waiver of
any other term, condition or provision hereof. nor will a waiver of any breach of any
cam condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default
31.0 No Discrimination and Eaual.vm� o action shall be taken by the
CONSULTANT, nor will k 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 orlgin, religion, age, sex, familial status, marital status,
ethnicity. sexual orientation or physical or mental disability as proscribed by law and
that It will take of rmudve action to ensure that such discriminasdon 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
eer dfies 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 viol 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, Rorlda.
33.0 ERecti M 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 CWs Charter, then the date of approval by City Commission, whichever is
later.
34.0 Third I'aW Benefidary. 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
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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 Emence. Time Is of the essence of this AGREEMENT.
37.0 IMMMMan This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
X0 Force iW'aieure. Neither party hereto s1WI 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 occurrahce.
39.0 Subconmugn If allowed by this AGREEMEiNT, the CONSULTANT shall be as fitly
responsible to the CITY for the acts and omissions of its subcontractors/subconsuhants
as It is for the acts and omissions of people directly employed by It. All
subconuvwtors/subconsultants and their agreements, If allowed by this AGREEMEINM
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 oblations 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 tw. (a) Keep and
mainntWn 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 lawn for the duration of the contract term and
following completion of the contract 0 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 contr= 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 HAS QUESTIONS REGARDING THE
APP UCAT1ON OF CHAPTER 1899 FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PURLBC RECORDS RELAT'8NG TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 300-603-6340; E-mail: mmenend9z@southm1am1fLgod; 6030 Sunset
®hive, South Miami, FL 33143.
41.0 Nam. Whenever notice shall be required or permitted herein, it shall be
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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: (30S) 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: tpepe@southmiamifl.gov
To CONSULTANT:
42.0 Corporate 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 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.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
CON �. T: n
By: �l h:Z
.4010 .` 4WR.4G771-
(Print Nara ae-Ave)
ATTCity
ES7B ' B
aria 2M. Menende44 C
City Clerk s�
Page S7 of 66
Steven Alexander
City Manager
Thomas F. Pepe 166
Read and droved as to Form, Language,
Leolty and Execution thereof:
Bw
ihonm F. Pepe, Esq.
City Attorney
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nth f�iarr�i
IIA (strut MtrA$&%I IIVt*;
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architedural services"
RFQ #fPW2016-22
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 Services" is defined as:
9 Certified Arborlst Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's Land Development Code. The review includes the initial site inspection followed
up by the determination of mitigation and a final inspection. When needed, assist City
Departments with other Issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational list for "Certified Arborists Services" will rotate every three (3) months among
the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Professional Services Agreements.
CONSUNT
By: rZ9.��
SR ngineering, Inc.
Ignacio Serralta/President
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
By:
Thomas F. Pepe, City Attorney
CIW-oriouth Miami
By:
teven Alexander, City Manager
168
A` TACHHENT A
"'C®MPENSATOON "
PROFESSIONAL SERVICE AGREEMENT
"Profeahmaal Genw-A Engblwtng =W ArchhectuM Swvlce "
Wrow2®0 6-22
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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
$150.00
Project Manager
$130.00
Senior Engineer
$125.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$75.00
Senior CADD Technician
$75.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$75.00
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
170
ATTACHMENTS
ONSURANCE & 9N®EMNOFIC TOON REQUIREMENTS
PROFESSION" SMVICE AGREEMENT
"Prvfsaland Geowf Eughtew tg and AoxidtacbasO ten4m"
RFQ 02018-22
1.010 Insurance
A►. Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
Insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is
against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by
any of them or by anyone for whose aces any of them may be liable.
R. 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 FIRK at a minimum, from all claims as set forth below which may arise out
of or result from the FIRM's operations under the Contract and for which the FIRM
may be legally liable, whether such operations be by the FIRM or by a Subcontractor or
by anyone directly or Indirectly employed by any of them, or by anyone for whose acts
any of them may be liable: (a) claims under workers' compensation, disability benefit
and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or
disease, or death of the FIRM's employees; (c) claims for damages because of bodily
Injury, sickness or disease, or death of any person other than the FIRM's employees;
(d) claims for damages Insured by usual personal Injury liability coverage; (e) claims for
damages, other than to the Work itself, because of Injury to or destruction of tangible
property, Including loss of use resulting there from; (f) claims for damages because of
bodily Injury, death of a person or property damage arising out of ownership.
maintenance or use of a motor vehlcle; (g) claims for bodily injury or property damage
arising out of completed operations; and (h) claims Involving contractual liability
Insurance applicable to the FIRM's obligations under the Contract.
1.011 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until
all the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as Is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
1.012 Workers' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including Chapter
440, Florida Statutes, as presently written or hereafter amended. and all applicable federal laws.
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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 Compmhenshm General Liability insurance with broad form endorsement,
as well as automobile liability. completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability wltth limits of $1.000,000 combined single limit per occurrence and $2,000,000
aggr gaM including:
" Personal Injury. $1.000;000;
" Medical Insurance: $S.000 per person;
o Property Damage $500.000 each occurrence;
1.014 Umbtn b Commercial Gomombensixe General Lbbility 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 ate. Coverage must be afforded
on a form no more restrictive ahan the latest edition of the Comprehensive General Uability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(� 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 Ilmitts of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 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 Liabilltty. 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 suite of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Dion -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 Br_e and [=dad 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 bulldhW 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
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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 muse, 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 w HI 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 We of this Contract.
G. AD 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 polity 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 FIRKS 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 raged
A.NII or better per A.M. Best's Key Rating Guide, latest edition and authorized to Issue
Insurance In the State of Florida. AU 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 tfie policy (as defined in Article I
of this document) which shag Include the declaration page and all required
endorsements. In addition, the FIRM shail'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'
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(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 detivery
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 Uabllity
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 I 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 parson employed or retained by him In connection with this
Agreement. This Insurance shall be maintained for four years after completion of the
construcdon and acceptance of any Project covered by this Agrement. However, the
FIRM may purchase Spedflc 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 disa-etion.
0ndemnfflcmftn 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 ks 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 Indernnify, 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, affiliate% 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 /went. 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
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officers, affiliates, employees, successors and ass�gns, 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 at; 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 contractorisubcontractor or any of their agents, representatives, employees.
or assWm 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 Maml 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, recWessness, 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
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