Res No 160-20-156000
RESOLUTION NO.:160-20-15600
A Resolution authorizing the City Manager to procure services from Stantec Consulting
Services, Inc. to complete phase II professional engineering and design construction
documents for the conversion of a residential property into a public park.
WHEREAS, pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, City staff desires to engage Stantec
Consulting Services, Inc. (""Stantec") for the development of professional construction documents
related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810
SF) into a public park; and
WHEREAS, City staff and Stantec have completed Phase I of the design process, which
entailed survey reports, conceptual designs, and community input meetings; and
WHEREAS, the proposal hereto, Phase II, is for professional construction documents related
to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental
field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape,
and site furnishing; engineering and structural design of the combo fishing pier and observation deck;
permit plan submittal through the City's Building Department, Planning & Zoning Department, and
Miami Dade DERM, including DERM Class III Permit; and, bidding assistance; and
WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the
amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of
$899,635 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 foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is authorized to procure services in the amount of $67,150 from
Stantec Consulting Services, Inc. to complete phase II professional engineering and design
construction documents for the conversion of a residential property into a public park.
Section 3. 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.
Section 4. 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.
Res. No. 160-20-15600
Section S. Effective Date. This resolution shall become effective immediately upon adoption
by vote of the City Commission.
PASSED AND ADOPTED this 171h day of November. 2020.
ATTEST:
Itt
CITY CLt,RK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CIT ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
2
Z
RESOLUTION NO.:160-20-15600
A Resolution authorizing the City Manager to procure services from Stantec Consulting
Services, Inc. to complete phase II professional engineering and design construction
documents for the conversion of a residential property into a public park.
WHEREAS, pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, City staff desires to engage Stantec
Consulting Services, Inc. ("Stantec") for the development of professional construction documents
related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810
SF) into a public park; and
WHEREAS, City staff and Stantec have completed Phase I of the design process, which
entailed survey reports, conceptual designs, and community input meetings; and
WHEREAS, the proposal hereto, Phase II, is for professional construction documents related
to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental
field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape,
and site furnishing; engineering and structural design of the combo fishing pier and observation deck;
permit plan submittal through the City's Building Department, Planning & Zoning Department, and
Miami Dade DERM, including DERM Class III Permit; and, bidding assistance; and
WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the
amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of
$899,635 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 foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is authorized to procure services in the amount of $67,150 from
Stantec Consulting Services, Inc. to complete phase II professional engineering and design
construction documents for the conversion of a residential property into a public park.
Section 3. 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.
Section 4. 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.
Res. No. 160-20-15600
Section S. Effective Date. This resolution shall become effective immediately upon adoption
by vote of the City Commission.
PASSED AND ADOPTED this 17th day of November, 2020.
ATTEST:
CITY CLUE K
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
i
COMMISSION VOTE:
Mayor Philips:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to procure services from Stantec Consulting Services, Inc. to
complete phase II professional engineering and design construction documents for the conversion of a
residential property into a public park. 3/5 (City Manager -Parks & Recreation Dept.)
Suggested Action:
Attachments:
Memo -New Park Phase II Construction Design.docx
Res oI ution-New_Park_Phase_I I_Constru cti on_DesignCArev. docx
Proposal -Phase II Contract Documents.pdf
Resolution #013-20-15453.pdf
Stantec Professional Service Agreement.pdf
1
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: November 17, 2020
SUBJECT: A Resolution authorizing the City Manager to procure services from
Stantec Consulting Services, Inc. to complete phase II professional
engineering and design construction documents for the conversion of a
residential property into a public park.
BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for
professional general engineering and architectural services, city staff
desires to engage Stantec Consulting Services, Inc. ("Stantec") for the
development of professional construction documents related to the
conversion of a recently purchased property located at 7435 SW 66
Avenue (14,810 SF) into a public park.
City staff and Stantec have completed Phase I of the design process,
which entailed survey reports, conceptual designs, and community input
meetings. Phase I allowed the City Commission and staff to listen and
gather feedback from neighborhood residents about what park elements
and features they desired at Ludlam Glades Park. Furthermore, Phase I
also helped to determine applicable and reasonable professional design
fees for Phase II of the design process.
The proposal hereto, Phase II, is for professional construction documents
related to the development of Ludlam Glades Park. The proposal entails
a comprehensive environmental field and jurisdictional wetland review;
detailed plans and specifications for landscape, hardscape, and site
furnishing; engineering and structural design of the combo fishing pier
and observation deck; permit plan submittal through the City's Building
Department, Planning & Zoning Department, and Miami Dade DERM,
including DERM Class III Permit; and, bidding assistance. Construction
assistance services were eliminated from this proposal, saving the City
roughly $32,000 dollars in consulting fees.
Excluding the permitting phase, the anticipated length of service for
completing final design construction documents is approximately 15
weeks commencing after the notice to proceed.
EXPENSE: Amount not to exceed $67,150. 2
I�1'
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
AccoUNT: The total expenditure in the amount of $67,150 shall be charged to
account number 301-2000-572-6450, which has a balance of $899,635
before this request was made.
ATTACHMENTS: Resolution
Project Proposal Phase II — Stantec
Resolution #013-20-15453 — Phase I Design
Professional Service Agreement — Stantec
3
Ponce de Leon Boulevard, SuBe 900
�l Stantec Coral Gables, 45-29orida33134
Tel: (305) 445-2900
October 30, 2020
Revised November 5, 2020
City of South Miami
Parks & Recreation Department
580o SW 66th Street
Miami, FL 33143
Main: (305) 668-3867
Attention: Mr. Quentin Pough, CPRP, CPSI
Director of Parks and Recreation
Reference: Ludlam Glades Park —'7435 SW 66 Ave
City of South Miami, Florida
Dear Mr. Pough:
We are pleased to present this proposal for professional engineering services. We understand that the City
of South Miami would like to convert the recently purchased residential property located at 7435 SW 66t^
Ave (i4,8io SF) into a public park Stantec has performed the diligence and the conceptual plans for the
above referenced project and is our understanding that the City of South Miami would like to proceed with
final design.
TASK i — Design Develoument Phase
The chosen conceptual plan will be refined and reviewed with the Parks & Recreation Department for
confirmation on final design plans. During this process, additional items may be added to the design. It is
also assumed that principles of CPTED and xeriscaping should be included. Ensuring ADA accessibility and
considerations for durability and maintenance will be incorporated into the final concept plan.
During this task a desktop environmental review of pertinent environmental databases will be reviewed to
determine potential natural resources that may be in the project area. A comprehensive environmental field
review shall be performed to determine the potential impacts involving construction on the environment.
This will include a jurisdictional wetland review of the project area to determine the presence/absence
and/or extent of jurisdictional wetlands on -site; a protected species survey to determine the
presence/absence of and/or utilization by any federal or state listed species. In addition, if determined
necessary a benthic survey of the waterway will be performed to determine the presence/absence of
protected marine resources. It is anticipated this comprehensive review could be accomplished in one 8-hr
field day. The results of this field review will be documented in a report which shall be included in the
application packages to the jurisdictional agencies involved during the permitting phase. This report will
include representative photographs of the project area, maps documenting the location of the project area,
exhibits documenting the aerial extent of any jurisdictional wetland resources in the vicinity, and exhibits
documenting any other natural resources pertinent to the permit reviews An opinion of probable cost will
also be included in this phase.
Design with community in mind
11
5
November 5, 2020
Page 2 of 3
TASK 2 — Construction Documents Phase
This phase will provide plans and specifications for the required improvements including tree disposition
plan, landscaping, hardscape, Furnishings Development drawings (in coordination with the City's Parks and
Recreation Department), grading, drainage, and structural design of the observation dock at the canal. One
50% design review meeting with the Parks and Recreation Department is anticipated within the Schedule.
Stantec will select one or two prefabricated park shelters and review submittals during the construction
phase as a contractor shop drawing. Shelters will include electrical power/outlets but no lighting. Site
lighting design is not included as the park will be closed at sunset. An allowance of $500 has been included
in this proposal for geotechnical recommendation for the new pile for the observation dock.
TASK .,A - Permitting Phase
Our services include plan submittal to the required permitting agencies (Miami Dade DERM, City of South
Miami) for their review and approval. We will provide complete permit applications with all documentation
pertaining to existing habitat and protected species utilization to supplement the permit applications,
address agency comments and re -issue plans as required.
Anticipated Environmental Permits:
- DERM Class III Permit: The Class III permit is needed for construction within non -tidal canals
or areas under the direct control of Miami -Dade County, such as canal rights -of -way, canal
maintenance easements and reservations.
The consultant will respond to as many as two (2) rounds of reasonable requests for additional information
from each of the above referenced agencies regarding the application submittal packages. These services
include pre -application and coordination meetings with some of the agencies.
Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with
each appropriate agency and similar factors outside the Consultant's control, additional meetings or
coordination will be considered as Additional Services.
Application, review fees, and permit fees can be paid for from the $2,00o allowance. Any amounts in
addition to the $2,000 will be a City Responsibility.
TASK a — Bidding Assistance Phase
Bidding assistance services will be provided in this phase including preparing our documents for City
advertisement and distribution, attending one pre -bid conference, answering RFI's.
Exclusions: '
• On -site or Off -site water and sewer upgrades or extensions.
• Irrigation.
• Lighting.
• Bathroom/storage building
• Change of zoning or land use approvals
Design with community in mind
5
November 5, 2020
Page 3 of 3
• Asbestos survey
• Traffic studies or traffic impact statements
• Boat ramp or launch.
• Phased or separated bid packages
Terms and Conditions:
All terms and conditions shall be per our Professional Service Agreement for Professional General
Engineering and Architectural Services as authorized by Resolution o6o-i7-i486i. Our fees shall be as
follows.
Task i (Lump Sum) ...............................
Task 2 (Lump Sum) ...............................
Task 3 (Lump Sum) ...............................
Task 4 (Lump Sum) ...............................
Geotechnical for Piles recommendation
Permit Fee Allowance (if needed) .........
........................................$21,330
....................................... $28,650
........................................ $12,130
......................................... $2,540
.......................................... $500
.........................................$2,000
TOTAL: $67,150
We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you,
we will accept a signed copy of this form as your written authorization to proceed.
Thank you,
Stantec Consulting Services Inc.
6441 ul
Sean Compel, P.E., LEED AP, ENV SP
Principal
Tel: 305-445-2900
sean.compel@stantec.com
City of South Miami
Approved by:
Signature
Print Name
V:\2s56\astise\2s5600966\management\Proposal INsign Phase\south—miam _Ludlam Glades Park Design phase.d=
Design with community in mind
Date
Stantec Consulting Services Inc.
Fee Worksheet - Page 1
DATE:
11/5/2020
PROJECT: Ludlam Glades Park
Design Development Task 1
Principal
Senior Project
Manager
Senior
Biol/LA/Engi
neer
Engineer
Intern
Senior CAD
Tech
Clerical
Design Development
4
24
6o
Coordination
3
4
Cost estimate
2
4
4
Observation Deck Structural
4
6
Environmental Survey
8
18
Desktop Review & Prepare Biological
Report
4
16
Sub -Total Hours
4
45
40
8
64
0
Billing Rate
$ 180.00
S 170.00
$ 145.00
$ 95.00
S 100.00
^� 45.00
Labor Cost
$ 20
$ ,650
$5,800
$76ol
$6,400
$0
Design Development Sub -Total:
$21,330
Construction Documents Task 2
Princi al
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Clerical
Project coordination
2
2
Landscape/hardscapeIncluding tree
disposition plan
3
18
6o
Cover sheet, Key Sheet & notes
2
2
Geometry
1
2
6
12
Drainage and Grading
8
10
Observation Dock Design
1
4
8
12
16
Electrical Design (power/outlets) including
FPL coordination
1
4
4
16
15
Notes and Specifications on plans
2
6
8
8
Quantities & Cost Estimate
2
6
4
Sub -Total Hours
6
38
18
60
128
0
Billing Rate
$ 180.00
$ 170.00
$ 145.00
$ 95.00
$ Ioo.00
S 45.00
Labor Cost
$1,080
$6,46ol
$2,61ol
$5,7001
$12,800
So
Construction Documents Sub -Total:
528,650
Permit Assistance Phase Task 3
Principal
Senior Project
Manager
Senior Biol/
LA En ineer
Engineer
Intern
Senior CAD
Tech
Clerical
DERM Pre-Appl Meeting
2
4
4
DERM Submittal Meeting
2
4
8
Res onse To DERM Comments
8
n ouse ermlt meetings
2
Comments and revisions (2 Submittals)
6
2
16
30
Sub -Total Hours
6
1
26
20
0
0
Billing Rate
$ 180.o0
$ 170.00
$ 145.00
$ 95.00
$ 100.00
$ 45.00
Labor Cost
$i,o8ol
$2,3801
$3,7701
$1,9001
$ ,000
$0
Pernitting Phase Sub -Total:
1 $12130
'0
Stantec Consulting Services Inc.
Fee Worksheet - Page 2
Bidding Assistance Task
Principal
Senior Project
Manager
Senior
IA/Engineer
Engineer
Intern
Senior CAD
Tech
Clerical
Attend re -bid conference
2
Assist with answering questions
4
4
6
Review bids (not Included)
Pre -Award Coordination
2
2
Sub -Total Hours
o
8
0
4
8
0
Billing Rate
$ 180.00
$ tyo.00
$ t45.00
$ 95.00
$ t00.00
$ 45.00
LaborCostl
$o
$1,360
So
$380
$800
$o
Bidding Assistance Phase Sub -Total:
$2 0
Sub -Total All Services: $64,650
Geotechnical for piles recommendation $500
Pemit fee allowance/ expense allowance : $2,000
Total Fee: $67,150
10
901 Ponce de Leon Boulevard, SuBe 900
51 Sta ntec Coral Gables, Florida 33134
SCHEDULE OF WORK
Ludlam Glades Park— 7435 SW 66 Ave
City of South Miami, Florida
SCHEDULE OF WORK
Task or
Activity
ID#
Task Name and/or Activity Description
Duration
(specify weeks,
catendaror
working da s
Projected
Start Date
Projected
Finish
Date'
1.0
Design Development Phase
5 Weeks
12/01/2020
0110512021
2.0
Construction Documents Phase
to Weeks
0111212021
03/23/2021
3.0
Permitting Phase
0313012021
4.0
Bidding Assistance Phase
*One weekfor City review
V:\2156\active\215600966\management\Proposal Design Phase\Shedule.docx
11
Park 'oundar��
1I �I
rn
II Signage II
Bike ack &
iWate Fount
1\ �
Basketball
Half -Court
wir
Existing Canopy) Stabilized Sod
Park Highlights:
Tot -Lot
Basketball Half -Court
Meandering Path
Shelters
Observation & Fishing Dock
Bike Rack & Water Fountain
Slope to Waters Edge
Fence
Trellis
Observation
& Fishing Dock
SW 74th Terra
Signage
Park Considerations:
Play areas separated from waters edge
Passive areas with views of water are retained
Pocket lawn areas included for informal play
Includes walkway trellis and enhanced landscape
Informal parking anticipated on -street
Ludlam Glades Park - Concept 1.2
N.T.S. August 2020
South iami ® Stantec
City of South Miami PURCHASE ORDER NO.
Division of Purchasing p Q Q 13 913
6130 Sunset Drive
»„ South Miami, Florida 33143 DATE 01 / 2 8 / 2 0 �ortCene PROPER PPA YMrp�K&s80vE Pbraa�a kgjV APPEAR ON ALL
Phone:305-653-6339 Fax:305-667-7806
VENDOR: DELIVER TO:
Stantec Consulting Services inc.
13980 Collections Center Drive
CHICAGO, IL 60693
SEND INVOICE TO: City of South Miami
Division of Purchasing
6130 Sunset Drive
Ftartda TaxNo.South Miami, Florida 33M Pa rnan2Temss to accordance w1w
FL Stoic Statute 0 218.73
Federal lD Hunftr 5940C 431
Req. # Vendor # ship Via Department
PR003303 0090248
Confirming Confirmed to Terms Date Required
p yes [] no
QUANTITY PART NO. DESCRIPTION UNIT PRICE EXTENDED PRICE
1 stantec to conduct survey reports, 25,400.00 25,400.0
design and community input
meetings: related to conversion
of residential property into a
public park ,
TOTAL 2 5 , 4 0 0.0
ACCOUNT NO. r AMOUNT
3012000 5726450 25,400.00
P.O. Approval
4L -ts-
Pumqng Manager
13
RESOLUTION NO.: 013-2 0 -15 4 5 3
A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting
Services, Inc. to conduct survey reports, conceptual designs, and community input meetings
related to the conversion of a residential property into a public park.
WHEREAS, pursuant to the Professional Services Agreement provided by the City for
professional general engineering and architectural services, City staff desires to engage Stantec to
conduct survey reports, conceptual designs and community input meetings related to the conversion
of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and
WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had
recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs
related to the design and permitting of a floating dock/ramp for non -motorized boat operators. Due
to the original proposal's work scope, service fees and other factors, the City Commission deferred
the item and directed staff to explore alternative options; and
WHEREAS, the attached revised proposal directs Stantec to conduct survey reports,
conceptual designs, and coordinate community input meetings only. This option allows the City
Commission and staff to clearly define which park elements and features are desired by city
residents, as well as determine applicable and reasonable professional design fees for future services
related to this project; and
WHEREAS, once these phases are complete, including the input from community residents
and identification of park elements and features, staff will submit a new proposal for City
Commission review pertaining to project management and permit coordination with City of South
Miami and Miami -Dade County Department of Regulatory and Economic Resources (DRER); specs
and bid package preparation, final signed and sealed construction documents,
anticipated/preliminary construction costs, as well as post assistance with pre -bid conference(s) and
construction administration services; and
WHEREAS, the total expenditure shall not exceed $25,400. The total expenditure in the
amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of
$821,678 before this request was made.
NOW, THEREFORE, BE 1T RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Se_ctio, n_1:: The City Manager is authorized to negotiate and to pay Stantec Consulting Services,
Inc to conduct survey reports, conceptual designs and community input meetings related to the
conversion of a residential property into a public park in accordance with the scope of the work
outlined in the recitals to this resolution for an amount not to exceed $25,000.
14
Resolution N0_013-20-15453
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 3: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 2151 day of January 2020.
ATTEST: APPROVED:
CITY CL RK MAYOR'
READ AN PPR VED AS TO FORM COMMISSION VOTE: 5-0
LA EGALITY AN Ek C TION Mayor Stoddard Yea
JA IE F / Vice Mayor Harris Yea
Commissioner Gil Yea
Commissioner Liebman Yea
riry naNFY Commissioner Welsh Yea
2
15
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
hem Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct
survey reports, conceptual designs, and community input meetings related to the conversion of a residential
property into a public park. 3/5 (City Manager -Parks & Recreation Dept.)
Suggested Action:
Attachments:
Memo -New Park Construction Design.docx
Reso-N ew_Park_Constructio n_Des ign_o ption_2_CArevl.docx
P,oposal-Ludlum Glades Park (option #2).pdf
Stantec Professional Service Agreement.pdf
Property Boundary Survey.pdf
16
SoutqhO
Miami
TIME 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: January 21, 2020
SueEcr.. A Resolution authorizing the City Manager to instruct and to pay Stantec
to conduct survey reports, conceptual designs, and community input
meetings related to the conversion of a residential property into a public
park.
BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for
professional general engineering and architectural services, city staff
desires to engage Stantec to conduct survey reports, conceptual designs
and community input meetings related to the conversion of a recently
purchased property located at 7435 SW 66 Avenue (14,810 SF) into a
public park.
At the last City Commission meeting held on Tuesday, January 7, 2020,
staff recommended a proposal that included jurisdictional wetland
review, survey of waterway, and costs related to the design and
permitting of a floating dock/ramp for non -motorized boat operators.
Due to the initial proposal's work scope, service fees and other factors,
the City Commission deferred the item and directed staff to present an
alternate proposal.
The attached revised proposal directs Stantec to conduct survey reports,
conceptual designs, and coordinate community input meetings only. This
option allows the City Commission and staff to clearly define which park
elements and features are desired by city residents, as well as determine
applicable and reasonable professional design fees for future services
related to this project.
Once these phases are complete, including the input from community
residents and identification of park elements and features, staff will
submit a new proposal for City Commission review pertaining to project
management and permit coordination with City of South Miami and
Miami -Dade County Department of Regulatory and Economic Resources
(DRER); specs and bid package preparation, final signed and sealed
construction documents, anticipated/preliminary construction costs, as
well as post assistance with pre -bid conference(s) and construction
administration services.
2
17
CITY OF SOUTH MIAMI
SoAiami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
The anticipated length of service for this project is 3-4 months
commencing after the notice to proceed.
EXPENSE: Amount not to exceed $25,400.
AccoUNT. The total expenditure in the amount of $25,400 shall be charged to
account number 301-2000-572-6450, which has -a balance of $821,678
before this request was made.
AnACHMENTS: Resolution
Project Proposal — Stantec
Professional Service Agreement — Stantec
Property Boundary Survey
3
18
Ponce de Leon Boulevard SuBe 900
/ILN Coral Gables, Hoddo 33134
k4p
Stantec Td: (305) 445.2M
January 10, 2020
City of south Miami
Parks & Recreation Department
5800 SW 66a Street
Miami, FL 33M
Main: (3og) 668-3867
Attention: Mr. Quentin Pough, CPRP, CPSI
Director of Parks and Recreation
Reference: Ludlum Glades Park — 7435 SW 66 Ave
City of South Miami, Florida
Dear Mr. Pough:
We are pleased to present this proposal for professional engineering services. We understand that the City
of South Miami would like to convert the recently purchased residential property located at 7435 SW 661b
Ave (i4,8ro Si) into a public park We also understand that the City has included construction funds under
Fiscal Year 2020/2021 and therefore would like to bid the project in October 2020.
SCKM OF SR VICRS:
TASK x — Due Dilisrenft Phase
Consultant shall review edsting documents such as as -built drawings, property records, permit history and
City of south Miami information to serve as a benchmark for existing site conditions. Awl documentation
regarding the property that is available to the City shall be submitted to us for review of that data. We will
obtain a topographic and tree survey of the project area and a geotechnical report for use in our design. See
attached sub -consultant proposals.
TASK 2 - ConswWal Rahn Phase
Up to three conceptual design plans for the development of the Ludlum Glades Park will be prepared for use
at two public input sessions. Conceptual plans will be based on the site survey, including general
topographic information and tree locations. High quality trees will be retained within the conceptual
designs; however, it is assumed all existing structures will be removed or replaced. Conceptual design
plans will be for illustrative purposes only and will convey anticipated uses. Based on conversations with the
City, possible suggested park items include the following
• Half -court basketball court
• Pavillon(s)
• Tot lot
• Sidewalks
• Landscape Areas
TASK 4— Con nntu dtir Junt M s a on Conventual ANdSaRhale
Following completion of the conceptual designs, Stantec will host two public input meetings for community
review. These will be held at a location determined by the Parks and Recreation Department It is
�asign with community in mind
19
Jonucry 10, 2020
Page 2 of 2
understood that the • Depart will provide public notification to neighborhoods surrounding the park
project and will be responsible for costs associated with any meeting venue fees or equipment usage.
Public input meetings will be ir:formal; however, they will gather written comments and/or a project surVV
to formalize community feedback. Prior to the meetings, illustrations and any survey forms will be provided
to the Department for distribution to residents that may be unable to attend the public meetings. A
summary of each meeting and overall result$/feedback will be provided to the Department prior to
completing the Design Development Phase.
Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with
each appropriate agency and sitar factors outside the Consultant's control, additional meetings or
coordination will be considered as Additional Services.
• Change of zoning or land use approvals
• Asbestos survey
• Traffic studies or traffic impact statements
Terms and drone:_
All terms and conditions shall be per our Professional Service Agreement for Professional General
Engineering and Architectural Services as authorized by Resolution o6o-i7-14861. Our fees shall be as
follows.
Task 1(Lump Sum)........................................................»...........,. $11*705
Task 2 (Lump Sum) ........................................................................ $9905
Task 3 (Lum Sum)..1......N......N...N...1....NN...q....N.....N..NN..N..N..N.. $1400
Reimbursables (presentation boards if needed) ...........»................. $boo
TOTAL: $2.5,400
We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you,
we will accept a signed copy of this form as,your written authorization to proceed.
Thank you,
Stantec Consulting Services Inc.
Sean Compel, P.E., LEED AP, ENV SP
SeniorAssociate
Teh 305 44g-2goo
sean.compel@stanteccom
City of South Miami
Approved by:
Print Name Date
Vs ature iuq CiWd u& NAmWudl= eUd= yseklo0= s:%&wAh_=kmLUM= GUdes Vok opdon mdom
G2sign w.itl curn^nurd I in mint
20
Stantec Consulting Services Inc.
DATE:
FEE WORKSHT•.ET
8-Jan-20
PROJECT: Ludlum Glades Park
Fee Worksheet- Page 1
Due D' ence -Tasks
Principal
SeniorProject
Manazer
Senior
Biol/LA/Engi
near
Engineer
Intern
Senior CAD
Tech
Clerical
Site %Isitmd plioto log
2
2
Site im estigation and review of existing
asbuilts
'-
8
Environmental Surve
Desktop Review &Prepare Biological
Report
Sub -Total Hours
0
4
0
10
0
0
Billing Rate
S 180.00
S 170.00
S 145.00
S 95.00
S 100.00
S 45.00
Labor Cost
Sol
S68ol
Sol
sgsol
So
So
Due Diligence
Phase Sub -Total:
5163o
Geotechnical:
$2, z75
Surve :
$800
Due Diligence Total:
$11,705
Conceptual Design Phase - Task
2
Principal
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Clerical
Conceptual Desi nPhase-Public In ut
4
8
15
40
4
General Cmrdination & Management
4
4
Sub -Total Hours
4
12
19
0
40
4
Billing Rate
S 180.00
$ 170.00
S 145.00
S 95.00
S 100.00
S 45.00
Labor Cost
5720
$2,00
S2.755
So
54,000
S180
Conceptual
Design Phase Sub -Total:
S9,695
Community Meeting Task 3
Principal
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Clerical
Pre aration&Attendance
8
0
8
4
enera Oor mason anagement
4
4
Sub -Total Hours
0
4
12
0
8
Billing Rate
S 180.00
S 170.00
S 145.00
S 95.00
S 100.00
S 45-00
Labor Cost
So
S68o
$1,740
So
S800
5180
Community Meeting Sub -Total:
$. , 00
Sub -Total All Services: $24,800
Total Fee: $25,400
21
Geotechnical & Construction Materials
Nuttin Engineering, Testing. & Inspection
Environmental Services
Do
Engineers offices throughout the state of Florida
of Florida Inc.I Established 1967 www.nuttingengineers.com info@nuttingengineers.com
Vour Project is Our Commirmenr
June 4, 2019
Mr. Carlos Herdocia, PE
901 Ponce de Leon Boulevard/ Ste. 900
Coral Gables, FL 33134
Phone: 305.445.2900
Cell: 786.502.0701
Email: carlos.herdocia@stantec.com
Re: Proposal for Geotechnical Exploration Services
Proposed City of South Miami Park
7435 SW 66" Avenue
South Miami, FL 33143
Dear Mr. Herdocia:
Miami Dade County Tier 2 CBE
Palm Beach County SBE
SFWMD SBE
Small Business Administration
SBE for Federal Projects
Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal for performing geotechnical exploration services for
the referenced project.
Per your email dated November 14, 2019 and review of the site plan provided, we understand that plans for this project
include construction of a new gazebo, new restroom building, and boat ramp at the referenced site. Based on your request
for proposal and our understanding of the project, we propose the following scope of work and fee schedule.
SCOPE OF WORK
We propose to perform one Standard Penetration Test (SPT) boring in general accordance with ASTM D-1586 specifications to
a depth of 25 feet in the area of the proposed construction. Additionally, we propose to perform one South Florida Water
Management District (SFWMD) usual type open -hole exfiltration test to a depth of 15 feet in an effort to measure the
hydraulic conductivity of the existing soils at specific test locations for site drainage evaluation by others. The proposed tests
will be performed at locations identified by Stantec personnel.
At the completion of the on -site work, the soil samples will be returned to our laboratory. We will provide an engineering
report including a description of our findings and general site preparation and foundation design recommendations for
support of the proposed structures. In order to provide Information concerning the engineering properties of the soils
encountered, it is anticipated that tests may be performed to determine natural water content, organic content, and sieve
analysis on representative soil samples collected from the site. The engineering report will include graphic logs of the test
borings and a test boring location plan. We assume the site is accessible to truck mounted drilling equipment and that
underground utilities will be cleared by others prior to our performing the on -site work.
2051 NW 112'" AVENUE, STE. 126 • MIAMI, FLORIDA 33172 • 305-824-0060 - FAX 305-824.8827
St. Lucie 772-408-1050 - Broward 954-941-8700 - Palm Beach 561-736-4900
Om
M1
22
Stontec
Proposed City afSouth Miami Park
7435 SW 60 Avenue, South Miami, FL
Page 2 of 4
FEESCHEDULE
The above indicated scope of work will be performed for an estimated cost of $2,275.00 based on the following rates and
quantities:
Technician site visit, utility clearance
Lump Sum
$100.00
Mobilization of equipment/ crew
1 @ $350.00
$350.00
SP borings' (truck mounted drill rig)
Lump Sum
$400.00
Casing
Lump Sum
$100.00
SFWMD exfiltration test
Lump Sum
$40D.00
Project Engineer
Lump Sum
$750.00
Principal Engineer
Lump Sum
$125.00
Cie-ical/ Administration
Lump Sum
$50.00
We anticipate being able to begin this work within approximately two business days of receiving written authorization to
proceed. The on -site work should take one business day to complete. The test report should be available within
approximately 12 -15 business days after the on -site work is completed.
NE has been offering geotechnical engineering, environmental sciences, materials testing, and structural inspection services
for 50 years in South Florida and the Treasure Coast during which time we have worked on many similar projects. Our
commitment to practical, cost effective solutions supported by responsive client services distinguishes our firm and enables
us-o solve your most demanding technical challenges. Another value added component NE brings to your project is our staff
of experienced professionals including geotechnical engineers, environmental specialists, field personnel who are certified
and have been trained to provide a wide range of consulting services, and our dedicated administrative staff.
Our laboratory is checked annually by the Construction Materials Engineering Council (CMEC) and is certified to perform
geotechnical engineering and materials testing services for the Florida Department of Transportation (FDOT). Note that we
carry one million dollar professional liability and one million dollar general liability insurance.
Thank you for providing us the opportunity to present this proposal. We look forward to working with you on this and future
projects.
Respectfully submitted,
NUTTING ENGINEERS OF FLORIDA, INC.
Scott Ersland
Division Manager
Adrian Ramirez
Engineering Intern
Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this
executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and
agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written
authorization to proceed. If you are a first time client, we request that the balance due for these services be paid at the time
of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed
a 7. 1/2 percent service charge per month until paid in full.
nxxrv® r
2051 NW 172� AVENUE • MIAMI, FLORIDA 33172 305-824-0060 • FAX 305-824-8827
St. Lucie 772-408-1050 • Broward 954-941.8700 - Palm Beach 561-736-490D
10
23
Stantec
Proposed City of South Miami Pork
743S SW 66b Avenue, South Miami, FL
Page 3 of 4
PLEASE ENTER INFORMATION LEGIBLY BELOW 50 IT CAN BE UTILIZED FOR PROJECT SET-UP:
SIGNATURE:
PRINT NAME:
COMPANY NAME:
ADDRESS:
PHONE:
EMAIL:
FAX:
General Terms and Candillem
DATE:
TITLE:
For the purpose of Nu project the addressee of the protocol wA be known as Use Client Fire diem n .spewed to fumM NUTTING ENGINEERS OF FLOWN, INC. I-xPl, with accurate
information mradrng sketch of survey and/of site clan. cons realm drawlnp/specdea.ns as appraplaw. decays of proposed sherha esmin m I.dma the Interposed staaural system and
bads or noting construction problem information and she acrosibary, information as epprophi Other information requirements may be detailed in the enclosed proposal. If ANN
CONDMONS CHANGE such as buyding layout Iranian, project spe,ifoations/design, or unusual site conditions are observed, NE should be noufmd Immedhtely ir, writing about the changed
,.million for passible review and li mmenL Should the Client wish to impose other conditions and requirements beyond those contained in this pmpasal such as in a separate
contract, we reserve the wian to modify contract language, fee amounts to formal, our proposal from consideration or other measures as may be Indicated.
Mrsery-Scheduled.pan receipt of wnnen authomabon to proceed also deposit unless other arrangements are agreed to in wiling. Additional report copies an be p rri ded far ..mina]
lee to the Oent NE win erm+cse appropriate measures to ensure project completion within a reasonable time (.me subject to eo milasarkloads. Noweveq NE antl not be held responsible
For unavailatiMy of necessarypr.jed tlaa and site accen within she tune from agreed upon for the investigation. project deWery may be delayed If the ENTIRE signed proposal and deposit
aenmtheranaedinadmolymanner. The ENTIRE signed quotation should be returned along with Me mounted project Information. this unsigned proposal'owhtl for Wdayf.
payment. No deposit required wish aged aV a ML Ouectbg NEI. aoteed with she work was terminate aceptame elf Ilm terms of NE', seasonal ead these General Terms and
Conditions. Sakncedueepondek morlop kdwesutmenle of ]gY, perannum or theb,h tmwalowablebylawwtirMvo staff, will be added mall amounts.tpeideirthen 3o
Insurance dine of inwke Insurance -xEmountains WArorken' Campe nasnadtben and Employer's Lobster Inlisnuntio.neeIn
due bwkwwN be paid by Client.
ronlafmarrre vdN state Ww. In addition, we maintain fomprMens]ve General xahihry Insuran[eand
Aubmobik Wb'ddy, Insurance wish badly, Injury limas of 51=011.W and property damage must of 51,OW,000,DO. A certificate of'ussunnce an be supplied esiEeocing well covwaee
which contains a clause providing that fifteen data sudden notice be given prof to cancellation.
Fughs-col-Entry- Unless athervdse agreed, Client will furnish rphtof-ealry on fire property for NE to make the planned bariogs, furveys and/or eapbntmm. NE wtl not be rwpanubk far
rem" reaches, ends loom., Metalen or ocher erbslacsont for pulp mef of our InvestigawA NE will take waso.ble pfwautons coo n IMIC dame&-10 the property, caused First,
equipment and sampling procedures, but me cast ol+etoMro, or damage which may result wish the planned opentens IF .l included of the eenvaa-d awrmt II Chain dean to
wsloreme property to is former mndmon. Ili accomplish this and add the cowl tam lee Client agrees to worse all forms arising from or related to Me failure to well NE such proper
aambanduct]swofk
Damage to Existing Manmade Objects - It shall be the respomagar of she Owner or his duly authorized roposenalive b disclose the presence and accurate awk. of all hidden on
obscure manmade abject, rebrm, to routes of access, field tests, sampimg, at boring Iorations. When cautioned, advent or gwen date in wining that reveal the presence of poleatul
on... of underground mravergmund obstructions, such as utihtia, wpti tone, eft.. NE will give special Instructions all Feld personnel. In addnon, Ctent waives anycbim against NE
warronrom damage l a[ Usually
- ME awl p.
Wamnty and Umlatbn of lability. NE sham perform senicw for Client in a professional fvnnes using that degree of are and skill ordinarily -xerceed by and consistent witM1 the
standards p1 competent consulhnt, practicing in the same or a firms, localdy w the projml. In the seem any portion of the scmxes fails to comply wish the warranty obligation and NE is
promptly roared In seems prior to one year after completion of such talon of the Bari NE will le-pedafm Such portion of she services, ter it to performance Is impnttwable, NE will
refund Use amount afcanpensation pad to NE for such ponces of the servters. This mareanty is In bell at as other wwranlies. No other warranty,,,owned or implied, including wufantsef
of merchantability and rrtoess for a particular purpose is made of Intended by the proposal for comulung semen, by lumishing an prof response of the findings made or by any
fepfesenalbns made regarding the services included b this agreement. In no event shall NE of any of Its pmasaonal empkyees be table bf any s,K.L seduect modenal or
consecuentbl lest or damages, inchungs but notImbed m Impact and dehynaima The reaches set Ions he,. we eabpve and the tool bahgnysal aaqult whether In a a Lton
bmluding rogkfiencewhemwsele wco.urrenll, or abnormal fridng out of. <baha er wren cur rewNng Isar the went ycovded putwmt to this Agreement $hall not eased the total
fees pod by Client or 550,tylD.W, whichever w greater. Atadditiowlcasl, Client may obaina higher 61ed pool, to c.mm-memrnt olscrrkn.
PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES
PROVIDED PURSUANT TO THIS AGREEMENT.
Indemnlflmbm- Client agrees; to defend, indemnify and save harmless HE from all Nims.ie[hdbg negbeence Nmq,.suits losses, personal nryries, death
and weperry habihry+esuldng rroa NE', perfomome of the fropaed walk, wbothm such claims cur damage, are caused in pan by NE, and awew t.
rumburu NE tern elgenses in amectbn wyM1 coma such shims or suits, mhdme rmanawe anomeys lees. [bents vbbga.n to indemnllY s limited m Sq
miles per aaunorm which Errant agrees bean a aaarmbk commercial relationship to the Work undertaken by NE. Chent IuMer Do, thatthen fienwal
calculates are a part dine Wales Ipeadoat..., or bid documents, Rany.
aeaeappa j
2051 NW 112th AVENUE • MIAMI, FLORIDA 33172 - 305-824-0060 • FAX 305-824.8827
St. Lucie 772-408-1050 • Broward 954-941-8700 - Palm Beach 561-736-4900
11
24
Stontec
Proposed City of South Miami Park
7435 SW 66M Avenue, South Miami. FL
Page 4 of 4
Sampling or Tranit looUon - Unless speclfialh slated to Me mummy', the unit fee included in this proposal do net include miss assecomoi wily professional land surveying of Me me W
the axuram hencental and vertical location, of tests. Field tests or being locations described in our si mrt or Mown on our scratches are based on speefc named. furnishes to us by
other and/or estimates matle in the f rld by nor sWlmidans. Such dlmenslow, depths or ekwtiow shwld be conceived as approdrionlom unless otherwise sated In the report. U Is
understood that all ddgng hxatwm are accessible to conventional truck mounted drilling equipment unless Whewise specified by Me client If unscheduled remobgUaaow or use of
pevble Wall temin<quipmentb repaired addNonal charges w0bpply. NE will attempt to clear utilities at our emotion/tat liaison by manual drilling to 3' below land sinter(Figs).
Artypec anding ntonspre«nt atdiemllymiladsesrlmastam sebelow 3'r appi mahey Mere oaths lye chant
Sample Nanding and getmtbn—Geneallysdl taut sample arc resanM for approdmalcly Nmm cocottes char whkh One thry will be tltnmded unless written instructions to the contrary
are received from lye client
Lepl Jurisdiction - The p.m. tam that any actions; brought w enforce any provislm of this Agreement steal only be bmughl N a mart of competent jurisdiction located in Palm Beach
Ceurey.11onda. Any and all awes of action arcing out of We performance d Or Al Including but not limited a claims for Indemnity, contribution and en table subroptim, slut be
seemed to have seemed and the applicable statutes of limitations shall commence to run not later Nan the date of NE's last imuce for the Work penotmed hereunder.
Force, MaJmre -HE shell rot be held responsible for any delay orfaiture in performance orany pars of Or Agreement m the extent such delay trfallure a caused by firm Hood. eaplosbn,
war. twist, embego, Sorer ment requirement rivu or military euNor y. am of God, act W omistwn ofsubeonladen, orders, client or ether similar muse beyond its consist.
aowrmifnls - NE WI be endtletl m rely upon Ne amurxy and mmpleleness arall wrvrys, rtports and Information hmbhed by Ne rsent IconditiWn different hem Nosedecnhd n
o m-mnarefoundat Neda,NEshouldbemff dnwrgloglmmedlaalyupmd'ecovery. NE«serve Nrrghlw mevUe conclosbns coil recemmendatbm presenladw tM /wlreport
forcedaddlscral ofomallonon notngthe Dmor naemmecallable.NI min,mmed thawed bye Me nunlessoUens%isspmanifynlhded by ME
in nwritingto NE. switsnt Be we
for snsequences tl information notprovlded or unawilablem cNnt entities
cot reviewM or known formeaMe drresslortion our posts,
NEInsmhnvempUmby Our client antl
suit in, o9ieal man are entNetl a we and rely upon NE'S reports for pumme of the cement pro)eee ones panics are net authorized to useor rely upon NrS reports unless NE so tam in
wr, li.b
NE - Gent al Contrast Teams and Conditions May 2027
�.gr■ 12
AN �N�gH o�npp
2051 NW 2120 AVENUE • MIAMI, FLORIDA 33172 305.824-0060 • FAX 305-824-8827 �e
St. Lucie 772-408-1050 - Broward 954-941-8700 • Palm Beach 561-736-4900
25
LLONGITUD
Tuesday, November 26, 20W
E SURVEYORS
Carlos M. Herdocia, P.E., LEED AP
Stantec
901 Ponce de Leon Boulevard, Suite 900
Coral Gables, FL 33134
RE! Surveying services for 7435 SW 66 Avenue, City of South Miami, FL
VIA EMAIL: Carlos herdocioQstanI0C.Com
7435 SW 66 Avenue
Dear Mr. Herdocia,
Pursuant to your request regarding a fee estimate for Surveying and Mopping services for the
above -referenced project. LONGITUDE SURVEYORS, LLC (LS) is pleased to submit the following Proposal for your
consideration.
A. Scope of Work:
Longitude will perform a Topographic/Bothymetrtc/Tree Survey to Include the following information:
• Longitude Surveyors will set horizontal and vertical control around the land side perimeter of the area of interest.
• Right -of -Way and property lines for the project area will be shown graphically.
• Longitude Surveyors will collect sidewalks, curbs, catch basins, signs, entrances, trees, and any other significant
above -ground improvements.
• Longitude will collect elevations equivalent to a 100-foot grid.
• Longitude will collect existing drainage information such as rim elevation, pipe size, pipe material, pipe direction,
and inverts.
• Longitude will collect canal cross -sections extending arm's length Into the canal. The canal cross -sections will be
adjacent to the property line, extending rive feet beyond the property line.
• Longitude will locate trees and palms within Survey limits having a 34nch diameter or greater of breast height
(DBH) or being 12-feet in height or greater to include the following for each: scientific name, common name,
diameter at breast height (DBH), height of tree, and canopy. LS will collect elevation at the base of each tree
within Survey Omits.
• The Survey will be geo-referenced to the State Plane Coordinale System, based on the North American Datum of
1983/2011.
• All elevations will be referenced to the Notional Geodetic Vertical Datum of 1929 (NGVD29), unless Client
provides written notice at time of Notice to Proceed (NIP).
B. Def verabler.
LS wIll prepare four (4) signed and sealed paper copies and a pdf file of the resulting Survey.
C. Survey Limits:
7435 SW 66 Avenue, Miami, Florida 33143, (City of South Miami new park). as per attached Exhibit provided by
Client.
D. Fee:
The total professional tee to complete this task shall be a lump sum of 7 85 00.00.
1 agree that by signing below "I APPROVE AND ACCEPT" this proposal as a legal binding contract.
By: Dote:
(Authorized Signature)
Title:
(Typed or printed name)
Respes;Jfully Yours.
c_..-.
Eduardo M.Suarez. PSM/Presijgnt 13
Il
LONGITUDE SURVEYORS ox: 305.513.5650
26
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EXHIBIT #6
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RPQ #PW2016-22
THIS AGREEMENT made and entered into this �� day of ftMA _, 20_):L 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 � 'i'icC 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.
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 Scoae of SerAm The CONSULTANT shall pffljojmLjbe work as set forth In -the
of Services as described in die Notice to Proceed.
3.0 Time for _Com edon
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager, or designee.
3.2 A reasonable extension of time will be granted in the event there Is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible.
4.0 Basis of Compensation_ The fees for services of the CONSULTANT shall be
determined by one of the following methods or a combination thereof, as mutually
agreed upon by the CITY and the CONSULTANT.
4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by the CITY and the CONSULTANT and if such an
agreement is reached. It shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: if there is no fixed sum or If additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall Include all 15
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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
ATTACHNIENT A.
5.0 Payment and Partial Favorn 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
CONSULTANTS invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Rift of Decis ons. All services shall be performed by the CONSULTANT to the
satisfaction of the CITY's representative, who shall decide all questions, dlfllculdes 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 determlmdon 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
7.0 Ow ershlnDocuments. 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 Aui tilt RIghLL—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 I'ruth-ln Negota&ns; 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 Subleaim..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 dudes, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the C17Y's sole sadsketion. 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 Unaus}orized 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
weft. The CITY reserves the right at its discretion, but does not assume the obligation, 16
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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 Warrant;►. 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
tiabiSty.
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. 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 Oeh. In the event either party falls to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSULTANT shall not
be endded 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 Bgnt Not Exclusive, Nothing In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 CodeL-Qrdinances and-1,aws. The CONSULTANT agrees to abide and be governed by
all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules. regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits. including Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this 17
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AGREEMENT.
19.0 IM 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 Orur Eme Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace
polity which is made a part of this AGREEMENT by reference.
21.0 IndMmWent CoMM 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 MWes and Responsibilities. CONSULTANT agrees to provide Its services during the
term of this AGREEMENT in accordance with all applicable lawm 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 Cognificaticol CONSULTANT shall secure all necessary business and
anal licenses at its sole expense or to executing the AGREEMENT.
24.0 _ Ag�eerrten ModifiGa�an. and lMnding 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 JurX 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 Cow. This AGREEMENT may be executed in several
counterparts. each of which shall be construed as an original.
27.0 Rules of IW&[B eta�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 SmmbjllZ 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 Documentso 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 NonCITY 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 9qual .tnE ptoym�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 Lbws. 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 Dgte. 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 PaM Og e� flciary. 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 mince. Time is of the essence of this AGREEMENT.
37.0 InIIMM&Wom This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force Mhl Neither party hereto shall be in default of its fallwe 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 subcontrattors/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 cast 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 REGARDONG THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-road: mmenendez@southmiamiff gov; 6130 Sunset
Drive, 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: slexander osouthmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (30S) 341-0584
E-mail: tpeneftsouthmiamifl-gov
To CONSULTANT:
42.0 Corm2rate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have complied with all applicable legal requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder, and that this AGREEMENT is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONSULTANT
hereunder, and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
C 49LT T:
By LE P Vice President
Stantec Consulting Services Inc.
(Print Name ?Nboy
A City of South Miami _r--
Mari M. Menendez, C s / teven Alexander
City Clerk City Manager
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Read and Approved as to Form, i at<Vase,
LepUty and Ewecudon thereof.
.79
Thomas F. Pepe: Esq.
City Attorney
SIMI c
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ADDENDUM TO PROFESSIONAL SERVICE AGRERAENT
` of anal eeneral ftoneeftg and "Itedural $e~
PIFQ 2010-n
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, far "Certified Arborlsts Services, and a separate rotational list will be established for
all CCNA professional services. "Certified Arborists Services" Is defined as:
o WNW Arborkt 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
CitVs land Development Code. The review Includes the Initlat 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 Arborlsts 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.--r—'—�
CONSULTANT: City of South
By:
c
Steven Alexander, City Manager
AAA eadmko V.
(Name of Signatory)
Read and Approved as to Form, language,
Legality and Execution thereof:
Thomas F. Pepe, City Attorney
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ATTACHMENT A
teCOMPENIATIONa"
FR N. SICrS AGOOMEW
Fkp Sg d"
TbanURP"s
1WIM16
iiK
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Wage Rates Summary
Job Classification
City of South MlatW
Benchmark Hourly Rate
Principal
$180.00
Sr. Project Manager
$170.00
Project Manager
$160.00
Senior Engineer
$145.00
Senior Planner
$125.00
Planner
S85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
580.00
Engineering Intem
$95.00
Senior CADD Technician
$100.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$7S.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
$13S.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
$8S.00
Senior Administrative Assistant
$65.00
Clerical
$45.00
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ATTACHMENTS
INSURANCE a ANDENNIRCATION REQUIREMENTS
l ing 04 chod Services"
1.010 Inunm
A Without fimldng its Ilablft, the cons actor, consultant or consdl ft Ohm (hereinafter
referred to as "RRK' with regard to Insurance and lndemnifrcadon rapi-r l"anw) shall
be required to procure and maintain at its own eupense lurk g the life of do Contract;
Insurance of the types and In the minimum amounts stated below as will protect the
FIRM[, from claims which may arise out of or result from the contract or the
per nnanee of the coatam With the City of South Miami, whether such Claim is
aft the FMM or any sub.aontracter. or by anyone d3recdy or gtclrecdy employed by
any of than or by anyone for whose acts any of them may be Iide.
B. No Insurance required by the CITY shall be Issued or written by a surplus Tines carrier
unleu authorlaed to writing by the CITY and such authmi-adon shall beat the Mrs
sole and absolute discretion. The FIRM shall purcbme Insurance from and shall
r alwain the insurance with a company or companies lawfully audwwked to sell
Insurance in the State of Rondas on forms approved by the State of Florida. as will
pi cum the FIRK at a minimum, from all dam as set forth below which may arise out
of or result from the FIRM operations under the Contract and for which the FIRM
may he legally liable, whether such operations be by the FIRM or by a Subeontawar or
by anyone dIreedy or Indimetly employed by any of them, or by anyone for whose acts
any of din nay be I (a) elms tinder worWW compensation, dlaablifty benefit
and outer similar employee benefit acts which are applicable to the Work to be
Pei foe nsd; (b) claim for damages because of bodily Injury. occupational sickness or
diseasa, or death of the FIRIWs employeex (c) claims for d$nws because of bodily
Injury, sickness or disease, or death of any person other than the FIRM's employees:
(d) dims for damages Insured by usual personal Injury Ilabgity coverages (e) chinas for
damages, other than to the Work Itself, because of Injury to or demucdon of tariglble
property, Including loss of use resulting there from; 0) claims for dantaes because of
bodily injury. death of a person or property damage arising out of ownerrhlp►
maintenance or use of a motor vehicle; (g) claims for body Injury or property dan age
arising out of completed operations; and (h) claims Involving eontmcaial liability
kwurance applicable to the RRM's obligations under the Contract:
1.011 Ogga IMOMQMK&. The FlRM shall provide and malntaln In force and effm untd
an the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as Is otho wise specified hervinafter). the Insurance coverage written on
Rorida approved ferns and as sec forth belowr.
I Al2 at the sta wq amount as to an employees In
cm*km with the'Warkeri Compensation Lave of the State of Florida Including Chapter
440. Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
Page 60 of"
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In addition, the policies must Include: Employers' Liability at the statutory eoverW
amount The FIRM shag furdrer Insure that all of its Subcontractors malntaln appropriate levels
of lMorlaerrs Coition Insurance.
IA13. Cawna%WComMMkgligMfi0emJ LWft insurance with broad form endorsemen
as well as automobile Ilabillty, completed operations and products Ilabiiity. contractual llablkky.
severab ft of lltter+esu with cross liability provision. and personal injury and property damage
lkbiiity with limits of $I,000.000 combined single !tusk per occurrence and $Z,000,000
Including
o Parsonzd Injwp: $1.0004a
o Medical Insurlmoe: SIM per person:
o Property Damp $500;000 each occurrence;
1.014 Wrek ComMEM CgmpMbMnbffl Gmad LWft insurance shall be written on a
Florida appmed form with the same coverage as the primary Insurance policy but In the
amount of $1,0006000 par claim and $2,00%000 Annual woe. Cow must be afforded
on a form no mom r+essricdve than the latest edition of the Comprehensive General Liability
policy. without restrictive endorsements, as filed by the Insurance Services Oflim and must
include:
(a) Prue nlm and Operation
(b) Independent Contractors
(c) products andlor Completed Operations Herd
(d) Emploslon, Collapse and Underground H=rd Coverage
(e) Broad Fbrm Property Damage
(t) Broad Form Contractual Coverage appikable to this specific Contract. including any
hold harmless andlor indemnification agreement
(g) Personal Injury Coverage whhh Employee and Contrah:md Exclusions remove$ with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage LiabiOty.
1.015 Mahm AugUMNIA LWft whh mlnlmum limits of One Million Dollars
($11000,000.1 plus an additional One Million Dollar ($1.000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Llablllty. Umbrella
coverage must be afforded on a form no more restrlcdbe than the latest edldoon of the Business
Autorthobile Liability pol cy. without restdcdve endorsements. as filed by with the state of
Florida. and must include:
(a) Owned Vehicles.
(b) Mired and Nan -Owned Vehicles
(c) Employers' Nan -Ownership
1.016 S-UK NUACTk The FIRM agrees that if any part of the Work under the Contract is
sublet efts 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
C. In the event tfrat this contract Involves the construction of a stlruet m the FIRM shall
maintain. with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Rtslt Insurance on buildings and structures including Vandalism &
Malicious Mischief coverage, while in the course of construction, Including foundations,
addidons, attachments and all permanent fixtures belonging to and constituting a part of
hV61of66
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148
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:aid buikbp or structures. The poky or poades shag also cover machinery, If the cost
of machinery k 6hcluded In the Comm or if the machinery is located in a building that
is being renamed by reason of dhis contrux The amount of Inswarm must; at all
tines, be at least equal to the replacement and actaal cash value of the Insured
property. The policy shall be in the narne of the CRY and the Firm, as their Interest
may appear• and shill do cover the InWn= of all Subcontractors perfornetng Work.
D. All of die provision: set forth in Mbcellatteous section herein below shall apply to this
coverage unless it would be dearly not applicable.
1.016
F. If any notice of caneelktion of insurance or change in coverage is issued by the
Insurance company or should any insurance have an "Iradon date that will occur
during the period of this contract; the FIRM shag be responsible for securing other
aoo�pta#de insurance prior to such ceneeliadon, dmfW. or won so as to provide
o0 -1 drhocou& ea verage as spedSed In the section and so as to muintain comerW during
the go of ft Conatct:
G. All deducdWes must be declared by the FIRM and must be approved by the CITY. At
die option of die CITY, either the FIRM thaS eliminate or reduce such deductible or
the FIRM shell procure a Bond, in a form ndsbctory to the CITY covering the same.
K The policies shall contain wrxWer of subragadon against CITY whom appllaa D, shall
exprussly provide that touch polity or pondes am primary over any other collectible
insurance that CITY may have. The CITY reserves the H*t at any dme to request a
• can of die required polldes for review. An poWes shad eontain a Omweralmmuol/ of
intereW or "crass ftW cat without oblodon for pr+emlu n p*rmt of f CRY
as wreg as contractual Iiablilty provision covering site FIRM duty Indennlify City
as provided In this AVew=L
1. Was mrdog the Wort, the FIRM alrail deliver to the CITY certificates
of such insurance, acceptable to the CITY, as well as the Insurance binder. if one Is
1ssu4 the insurance policy, Including the declaradon page and ail applicable
endorsements and provide the name, address and telephone number of the Insurance
agent or broker through whom the polky was obtslned. The Insurer shall be rated
A.VH or better per A.M. Beses Key Rating Guides httese edition and authorised to Issue
bmwanee in the State of Florida. AD lr "m policies nurse be wrltten an forms
approved by the State of Florida and they must remain In fug force and effect for the
&-Mz im of the contract period with the CITY. The RRM nay be required by the CITY,
at Its sole discretion, to provide a "cerd led copy" of the policy (as defined in Article I
of this document) which shall include the declaration pap and all required
endorsements. In addition, the FIRM shag deliver, at the time of delivery of the
Insurance cerdAcate, the following endorsements;
(3) a policy provision or an endorsement with substantially similar provisions as
follows:
"Tine City of South Miami is an additional hwuu d. The Insurer shall pay all sums
that the City of South Miami becomes legally a ated to pair as dan%es
because of `bodily hhjury','property dances' . or "psonal and advertising
hhjurf and k will provide to the City all of the coverage that is typically provided
under the standard Florida approved forau for commercial general NOY
coverage A and coverage 8";
hV as atee
147
28
41
(4) a policy provision or an endorsement with substasndafly similar provisions as
MOM
"This policy shall not be cancelled (Including cancellation for non-payment of
premium). ternhmd or materially modified without first giving the City of
South IMkml ten (10) days advanced wrimen notice of the intent to materially
modify the policy or to cancel or terminate the polity for any reason. The
nodfi ftn shalt be delivered to the City by eerdfied mail, with proof of delivery
to the City."
�. If the RRM is providing professional services, such as would be pnovieled by an
"Item engineer. auarney, or aeeounuM to name a few. then in such event and In
addition to the above the RRM shall also provide pinofosalonsi l.fabfilg►
Insurance on a Florida approved farm In the amount of $1.000;000 with deductible per
clalm if any. not m euceed 5% of the Ilmit of liability providing for all sums which the
RRM shall become legally oblipwd to pay as damages for claims aristltg out of the
services or work performed by the RRM its agots, representatives. Sub Contractors
or assigns, or by any person employed or retained by him In connection with this
Agreement. Thla insurance :hall be maintained for four years after completion of the
r n1wo ucdon and acceptance of any Project covered by this went Howam, the
FIRM may purchase Specific Project Professional Uabllity Insurance, in the amount and
under the terms specifned above, which is alsoacceptable- No insurance shall be Issued
by a surplus ones caller unless authorized In writing by the tom► at the ck/s sole,
absolute and unfettered discretion.
lad®re�lfi n mlate
G. The Form accepts and voluntarily Incurs all rlsks of any Injuries,,, damages, or halm which
mtgbt anise during the work or event that is ocam ing on the airs propmV due to
the net won or other fault of the Rrm or anyone acting through or on behalf of the
Rrm.
H. The Firm shall indemnify. defend, save and hold CITY, its officers, affiliates, employees,
successors and mslgns, harmless from any and all damagm claims. liability. Iona,
claims, demands, setts Ines, judgments or cost and expensesi Including reasonable
atcorne/s fees, paralega9 fees and invewptive 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, aifillat m employees, successors and assigns. by
reason of any causes of actions or claim of any ldrtd or nature. Including calms for
Injury w or death of any person or persons and for the loss or dammage to any property
arlsing out of a negligent error, omission, misconduct, or any gross negligence;
frntent%nal act or harmful conduct of the Firm, Its contractor/subcontractor or any of
their officers. directors, Wets, representatives, employees, or assigns, or anyone acting
thro* or on behalf of any of them, arising out of this Agreement Incident to it; or
resulting from the perforrrlance or non-performance_ of the Fire's obOptions under this
AGREEMENT.
I. The Rrm shag pay all claims, losses and expenses of any kind or nature whatsoever, In
connection therewith, including the expense or Ion of the CITY and/or Its wetted
&V63ofas
Thomn F. Pope
10112=16
UB
29
42
K.
L
offs, affilmusp ennptoyees, successors and assigns Isduding their attonw/s fees, In
the defense of any action in law or equity brought against diem and arWng from the
ne ftm error, orelaston, or act of the Rrm. its Sub -Contractor or any of their agents,
representatives, employeesp or assigns, and/or arift out of or Incident to, dds
AMveme m or bmident to or resulting from the perform m or non-performance of
the RiWs omens under this AGREEMENT.
The Firm agrees and reoepbm that neither the CITY nor Its offtceta, aftillathha,
employees, successors and asstns shall be held tlable or responsible for any clabra,
Indang the costs and expenses of defending such elms which nay result from or
arise out of actions or omissions of the Fft Its contractor/subcontractor or any of
their ggerhtt, repmentatives. employees or wjW% or anyone aaft dmo 0 or on
behalf of the themp and arbft out of or concerning tits work or event dart Is ocarret
on the CITY's propeny. In revlewl* apt or rejec*g any robmisdons or acts of
the Rrm. CITY In no way assumes or shares respondb0ity or Iiabilitlr for the acts or
--I- -Inn of the
Rrrn. Its contractor/subcontractor w any of their gpnts. reprwentadves, employeesp
or mss%m or anyone acting through or an behalf of them.
Tire Rrm has the duty w provide a defense with an atuemey or law turn approved by
the City of South Plarthi, which approval will not be unreasonably withheld.
Howww. as to de ftn professional contram and pursuant to Section 725.08 (1),
Florida Suantm atone of the provisions set Earth hwdn above dm are In conflict with
this =bWvcwyaph shell app� and this shhbparagmph dWI.set forth the sole
r�sponsibtitgr of the desip professional concernig IndemniScadon. Thus, the design
progesslonars; obWons as to the City and b agencies, as well as to, its officers and
employees. Is to Indemnify and hold them hmnless from Ilablikles, damages, Idsses,
and cosh, lnchhding, but not limited to, remonable attorneys' fees, to the extent
caused by the negll wce, rechtessness, or Intentionally wroggfrrl conduct of the design
professlonal and other persons employed or utilised by the design professional In the
performance of the contract
THE IS INCWD® IN THE GENERAL. CONDMONS
END OF SEMN
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Qwa ificotion Stotement - Port 2 - Stondord Forms
EXHIBIT
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
THIS AGREEMENT made and entered into this �1 s{ day of ftUg , 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'f-%A CSC 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
Page S 1 of 66
S vntsc City of south Miami - RFQ OPW2016-22
Professionol Genarol &%gineering and Architecturol services �45
QuafflIcatton Statement - Part 2 - Standard Forms
wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMENT A.
5.0 Payment and Partial Pavm�. 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,
Page S2 of 66
City of South Miami - RFO DPW2016 22 1115
Professional General Engineering and Architectural Services
46
Qualification 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 CITVs sole obligation to the CONSULTANT shall be payment for the work
previously authorized and performed in accordance with the provisions of this
AGREEMENT. Payment shall be determined on the basis of the work performed by the
CONSULTANT up to the time of termination. Upon termination, the CITY shall be
entitled to a refund of any monies paid for any period of time for which no work was
performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes
all authorized renewals, or unless otherwise terminated by the CITY. The term of this
agreement is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed five (5) years
following the issuance of the Notice to Proceed.
15.0 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 C17Y's
Insurance and Indemnification requirements that are set forth in ATTACHMENT B to
this AGREEMENT.
17.0 6greement 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
Page 53 of 66
str- utc city of South Mionrt - RFQ OPw2016-22
Professional General Engineering and Mchitecturol Services 116
47
Quaiiffcation Statement - Part 2 - Standard Forms
AGREEMENT.
19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Workplace CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 independent Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a partnership,
joint venture, or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and
health and safety standards of the federal, state, and CITY, which may be applicable to
the service being provided.
23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written
or oral. This AGREEMENT may not be modified or amended except in writing, signed
by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT, in general, and this paragraph, in particular, shall not be modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved by
written resolution of the City Commission, or if such approval is required by ordinance
or the City Charter, no amendment to this AGREEMENT shall be valid unless approved
by written resolution of the City Commission.
25.0 ur r 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 Valift of Executed Copies. This AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may
be substituted for male, female or neuter, whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each and every other term and provision of this AGREEMENT
Shall be valid and enforceable to the fullest extent permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents,
if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by
the Contract Documents, if any, and this AGREEMENT and the rights and remedies
available to the CITY hereunder, shall be in addition to, and shall not be construed in
any way as a limitation of, any rights and remedies available at law or in equity, by special
guarantee or by other provisions of the Contract Documents, if any, or this
AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this
Page 56 of 66
Wit\ nftac
City of South Mani - RFQ OPW2016-22
Professional General fggineering and Archifecturol Services 117
Qual1Rcaiion Staiernent - Part 2 -Standard Forms
AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this AGREEMENT or
hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from
time to time as often as may be deemed expedient.
30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
in exercising any right, power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right, power, or privilege under this AGREEMENT.
No waiver of this AGREEMENT, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission and will only be valid and enforceable
if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver
of any term, condition or provision of this AGREEMENT will not constitute a waiver of
any other term, condition or provision hereof, nor will a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default.
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 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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QucAlicoiion Statement - Port 2 - Si-andard Forms
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 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 TIME
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: mmenendez@southmiamiil.gov; 6130 Sunset
Drive, South Miami, FL 33143.
41.0 Noes. Whenever notice shall be required or permitted herein, it shall be
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Quallffcafion Stelement - Part 2 - Stamdorci Forms
delivered by hand delivery, e-mail (or similar electronic transmission), facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the
CITY, a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail:. tpepeOlsouthmiamifl.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.
c
C ULT T:
Byq a a, , LE P, Vice President
Stantec Consulting Services Inc.
(Print Name 9bj
ATT D:
t ,i
By ( v r �-
Mari M. Menendez, -C-MIC
City Clerk
City of South Miami
By.
even Alexander
City Manager
Page S 7 of 66
City of South Miami - RFQ 0PW2016-22
Professional General Engineering and Architectural Services 12n
51
!lead and Approved as to Form, Language,
Legality and Execution thereof.
Br.
Thomas F. Pepe, Esq.
City Attorney
Page 58 of 66
Stanl`ac
QwIlficallon Statement - Part 2 - Standard Forms
r11y or Soulh Mlaml • RFG 4 PW2016.22
Proressionol General Engirteeting and Arclileclurol Setvlces 12i
52
r
South Mam;
nQCffY0FnL4SAXTtW=
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"hoftsftnal General Er*eedng and Arctkttectural Service
IFQ NP1 O1i-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 Certlfledi 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
Clty's Land Development Code. The review Ipdudes 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 Arborlsts 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.
City of South M
�y
By:
Steven Alexander, City Manager
c
04Y04 0AMAk, V. P.
(Name of Signatory)
Read and Approved as to Form, Language,
Leality andExecutionthereof:
Thomas F. Pepe, City Attorney
53
ATTACHMENT A
"`bOMPE 0 ilON't
PROFESSIONAL SERVICE AGREEMENT
RFQMNMI&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
55
ATTACHMENTA
ONSURANCE & INDENNIFOCATOON REQUIREMENTS
PR®MM®HM SMVICE ACOMEMENT
"?ofes 1oW Clenwd En&= ing and ArcNftft W SerWaW'
O"2016.22
1.010 Insumnce
A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as " RRK' with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the fife of the Contract,
Insurance of the 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
perfarn ance of the contract with the City of South Mimi, whether such claim Is
against the FIRM or any sub -contractor, or by anyone directly or Indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
R. No Insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized In waiting by the CITY and such authorisation shall be at the CITY's
sole and absolute discreion. The FIRM shall purchase insurance from and shaft
maintain the Insurance with a company or companies lawfully authorised 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 FHWs 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 HRH's employees; (c) claims for dannw 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 Insurarnee OiThe 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 Wndw-e 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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(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). termhumed 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."
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 3% 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
RRM 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 audwrized In writing by the city at the cWs sole,
absolute and unfettered discretion.
Indemniflca 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 Crl Y's property due to
the negligence or other fault of the Arm 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.
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
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ofiimm affiliates employees, successors and assW% Includutg thee- attorneys fees, In
the defense of any action In lava or equity brought against them and arising from the
negbgent error, ornission, or act of the Firm, its sub -Contractor or any of their agents,
representatives. employees, or assigns, andfor arising out oL or Incident to, this
AVeement: or baldent to or resulting from the performance or non-performance of
the Fir d's oblIgadons under this AGREMENT.
J. The Finn agrees and reoogni= 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 deffending 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, employee% 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 Crl Y's property. In reviewing, approving or m)ecdng any submissions or acts of
the Firm, CITY In no way assumes or shares responsibility or liability for the acts or
omissions of the
Rrm. Its contractor/subcontractor or any of their agents. representatives. employeem
or aaskm 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 MWK which approval will not be unreasonably withheld.
L However. as to design professional contracts, and pursuant to Section 725.08 (1).
Rorida Stamps, 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 demon 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' fem to the extent
caused by the negligence, recklessness. or inmdonaliy wrongful conduct of the design
professional and other persons employed or utilised by the design professional In the
performance of the contract.
THS IS INCLUDED IN THE GENERAL. CONDITIONS
END OF S'WIMN
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