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Res No 162-20-15602RESOLUTION NO.:162-20-15602 A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for drainage improvements along SW 62" d Place between SW S81 Street and SW 6& Street. WHEREAS, the City Mayor and Commission wish to improve the localized flooding conditions along SW 62"d Place between SW S8th Street and SW 601h Street; and WHEREAS, the City Commission budgeted for this project in the Capital Improvement Program 5-Year Plan; and WHEREAS, SRS Engineering Inc., is one of four firms selected by Resolution No. 060-17-14861, to provide professional service agreement for engineering services on as needed basis in accordance with Florida Statute 287.0551 "Consultants Competitive Negotiation Act"; and WHEREAS, SRS Engineering Inc., submitted a revised proposal for professional engineering services; and WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and WHEREAS, the amount of $27,725 was found to be comprehensive and cost effective in its design approach; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to execute a professional service work order with SRS Engineering Inc., to design and develop construction drawings for drainage improvements along SW 62"d Place between SW 58th Street and SW 601h Street for a total amount not to exceed $27,725. WHEREAS, the expenditure shall be charged to the to the Stormwater Drain Trust Fund Account number 111-1730-541-6490. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: 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 hereby authorized to execute a professional service work order with SRS Engineering Inc., to provide Professional Engineering Services to design and develop construction documents for drainage improvements along SW 62Rd Place between SW 58th Street and SW 60th Street for an amount not to exceed $27,725. The expenditure is to be charged to the Stormwater Drain Trust Fund Account number 111-1730- 541-6490. 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. Page 1 of 2 Res. No. 162-20-15602 Section 5: Effective Date: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 17th day of November 2020. ATTEST: CITYCI. READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CRY—AfTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Rem No:5. City Commission Agenda Item Report Meeting Date: November 17, 2020 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for drainage improvements along SW 62nd Place between SW 58th Street and SW 60th Street. 3/5 (City Manager -Public Works & Engineering) Suggested Action: Attachments: Memo_Design_Se rv_SRS_E ng_for_Drainage_I m p rov_S W_62_P L_btw n_58-60_ST. d o cx Reso Design SerySRS Eng for Drainage Improv SW 62PL btwn 58-60 ST.docx Res No 060-17-14861.pdf SRS Professional Service Agreement.pdf SRS proposal for SW 62nd PLdrainage improv 10-22-20.pdf Southkiami THE CITY Of PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager DATE: November 17, 2020 SUBJECT: A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for drainage improvements along SW 62"d Place between SW 58" Street and SW 60th Street. BACKGROUND: The roadway segment of SW 62"d Place between SW 58`" Street and SW 60th Street is experiencing localized flooding during rainstorm events due to improper drainage in the area. To address the localized ponding, SRS Engineering Inc., will design and develop construction plans to provide new drainage system with interconnected exfiltration trench, re -grade existi ng swales, mill and resurface the roadway and provide re -striping of pavement markings. Drainage Plans will be submitted to RER/DERM for drainage review. During the bid/award phase, the services will include providing assistance by responding to any questions and providing clarification of construction documents to prospective bidders during the bid solicitation. The services for post design phase will consist of attending the pre -construction meeting, processing and reviewing shop drawings, providing clarification to the contract documents, reviewing payment request and providing project close out. As the next City's rotation list consultant, SRS Engineering Inc., was requested to provide a proposal for drainage improvements. On October 22, 2020, SRS Engineering Inc., submitted a revised proposal for drainage improvements that is comprehensive and cost effective for the services requested. SRS Engineering Inc. is one of four firms selected by Resolution No. 060-17-14861, to provide professional service agreement for engineering services on as needed basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act. AMOUNT: Amount not to exceed $27,725. Please refer to the consultant contract and fee schedule. FUND & ACCOUNT: The expenditure shall be charged $27,725 to the to the Storm Water Drain Trust Fund Account number 111-1730-541-6490. ATTACHMENTS: Resolution Resolution #060-17-14861 Professional Service Agreement SRS Engineering Inc., proposal dated October 22, 2020 2 RESOLUTION NO: 0 6 0 -1: 7 -14 8 61 A Resolution authorizing the City Manager to enter into a multi -year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. WHEREAS, the City solicited a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services on an as needed basis; and WHEREAS, the professional services are required on an as needed basis and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act;" and WHEREAS, a Selection Committee comprised of City staff, reviewed the proposals received and identified a short list of respondents for further review; and WHEREAS, the short list of respondents were interviewed by the Selection Committee and subsequently scored and ranked; and WHEREAS, according to the terms and scope of services in the RFQ, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements to fulfill the City's needs and meet the requirements for quick response and specialized services; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1.. The City Manager is authorized to enter into non-exclusive multi -year contracts with the firms for professional and general. engineering services on an as needed and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act" and shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. A copy of the contract is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent Page 1 of 2 5 Res. No. 060-17-14861* jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 21 day of March , 2017. ATTEST: APPROVED: 2PiI CITY CLERK MAY R COMMISSION VOTE: 5-0 ARM, :UTION Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER South Miami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FRom: Steven Alexander, City Manager DATE:. March 21, 2017 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to enter into a multi -year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. BACKGROUND: , The City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on an as needed basis and on a rotation basis, in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act." Nineteen (19) proposals were received in response to the RFQ. A Selection Committee comprised of Jane Tompkins/Planning Director, Shari Kamali/Deputy City Manager and Chairperson, Grizel Martinez/Public Works Project Engineering met on January 19, 2017 to review the proposals and identified a "short list" of a total of eight respondents for further review and oral interviews. Interviews were scheduled on February 1, 2017 with the following "short list" respondents: 1. Calvin Giordano 2. Corradino Group 3. EAC Consultants 4. Marlin Engineering S. RJ Behar 6. SRS Engineering 7. Stantec 8. TY Lin Immediately after the oral interviews were completed, Selection Committee scored and ranked the short list respondents. Based on the final scores and rankings, EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec were the highest ranked respondents. The Selection Committee's combined final "short list" rankings are below: Calvin Corradino EAC Marlin RJ SRS TY Evaluator Giordano Group Consulting Engineering Behar Eng. Stantec LIN Shari 92 911 96 100 96 97 98 100 Karnali Grizel 91 91 96 95 9S 97 90 96 Martinez Jane 85 70 90 90 80 8S 90 7S Tompkins TOTAL 268 254 282 295 271 279 278 271 RANK 7 8 2, 1 5 3 4 S 7 CITY OF SOUTH NIIANII OFFICE OF THE CITY MANAGER SoutH Miami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING In accordance with the Scope of Services in the RFQ and Florida Statute 287.055, "Consultants Competitive Negotiation Act," and, in order to fulfill the Cty's needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. VENDORS & PROPOSALAMouNT: Consultant fee schedules to be negotiated. FUND & ACCOUNT: Expenditures related this contract shall be charged to the Capital Improvements Account on an as needed basis. ATTACHMENTS: Resolution RFQ #PW2016-22 Pre -bid Sign -in Sheet Bid Opening Report Selection Committee Short List Selection Committee Final Rankings Professional Services Agreement Sun-Blz Report I CITY. OF SOUTH MIAMI "Professional General Engineering and Architectural Services" RFQ #PW2016-22 Submittal Due Date: December 5, 2016 at 10:00 AM_ Solicitation Cover Letter The City. of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed' responses to the City's request (hereinafter referred to as "Request for Qualifications" or "RFQ"). The City desires to retain professional consultants to provide services as required under a non-exclusive continuing services contract Selection of consultants. shall be in accordance with Florida Statute ' 287.055, "Consultants Competitive Negotiation Act." AI.I references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City of South Miami or the City Manager (or manager's designee), for the City of South Miami as the context warrants or unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ #PW2016-22 titled "Professional General Engineering and Architectural Services." The purpose of this RFQ is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, Exhibit l,), described in this RFQ (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerles office Monday through Friday from 9:00 A.M. to 4.00 P.M. or by accessing the following webpage: h":I/www.southmiamifl.gov/ which is the City of South Miami's web address for ' solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents listed in the RFQ. The Proposal Package shall consist of one (1) original unbound proposal, five (S) additional copies, 3-ring binders are not permitted, and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located. at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Professional General Engineering and Architectural Services," RFQ #PW2016-22 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 AM local time on December 5, 2016. Hand delivery must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. Page 1 of 66 A public opening will take place at 10:00 AM. on the same, date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time * on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Non -Mandatory Pre -Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive; South Miami, FI 33143 on November 15, 201-6 at 2:00 PM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package. The City reserves the right to reject all responses to this RFQ- and to reject all persons who respond to this solicitation, as well as the right of the City to, waive any, irregularity in the responses to this RFQ or the RFQ procedure and the right to award a continuing service contract to more than one Respondent when they are all of equal rank. Page 2 of 66 Thomas F. Pepe 10/1312016 Maria M. Menendez, CMC City Clerk City of South Miami 101 SCOPE OF SERVICES and SCHEDULE OF VALUES "Professional General Engineering and Architectural_ Services" RFQ #PW2016-22 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1. END OF SECTION Page 3 of 66 Thomas F. Pepe 1W1312016 11 SCHEDULE OF EVENTS "Professional General Engineering and Architectural Services" RFQ #PW2016-22 No Event Date* Time' (EST) 1 Advertisement/. Distribution of Solicitation & Cone of' Silence begins 10/26/2016 2.00 PM 2. Non Mandatory Pre -Pre Meeting .11 / 1512016 10IPM 3 Deadline to Submit Questions 11 /21 /2016 10:00 AM 4 Deadline to City Responses to Questions 11 /29/2016 1.0:00 AM 5 - Qeadline to Submit RFQ-Response 12/5/2016 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends - 1 12/20/2016 1 7:00 PM END OF SECTION Page 4 of 66 Thomas F. Pepe 1011312016 12' INSTRUCTIONS for RESPONDENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON -THE RFQ FORM. 1. Purpose of RFQ. The City of South Miami is requesting proposals for the lowest and. most responsive price for the Project The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2.. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from firms normally engaged in providing the services requested.. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel -to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any- other action necessary to determine ability to. perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as' a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will. take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any Page S of 66 Thomas F. Pepe 1011312016 i 4 13 i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of -the firm; c) The error was discovered and communicated to the City within -twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the. firm's. Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference:. If there is a conflict between the Cover Letter and these instructions, or any other provision of this. RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 AM on November 29. 2016 to the attention of- Steven P. Kulick at akulic _ southmiamifI.gov or via facsimile at (305)66-3-6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary' by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarif eations shall be without legal effect No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 1 I . Cone of Silence: You are hereby advised that this Request for Qualifications is subject to the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is -a prohibition on verbal communication with the •City's professional staff, including the City Manager and his staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre -proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City. Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager's Administrative Order AO I - I S. If a copy is not attached, please request a copy from the City's Procurement Division. Page 6 of 66 Thomas F. Pepe 1011312016 14 WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING .THE MIAMI-DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE. SHALL, WITH- REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIM! CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence shall* not apply to... (1) Duly noticed site visits -to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation; (2) Any emergency procurement of goods or services pursuant to the Miami - Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in -the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretarial/ clerical staff responsible for administering the procurement process for such solicitation and a member of the selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document." 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South. Miami are to be lobbied either individually or collectively concerning this RFQ. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract.for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a Page 7 of 66 Thomas F. Pepe 10/13/2016 15 I contract for the Project The City, however, reserves the right, in its sole discretion, to do any of the following a) to reject any and all submitted Responses and to further• define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, f important that all the parts of the Request for Qualification be completed in all. respects. e), to negotiate modifications to the Proposal that it -deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation.. It is therefore anticipated t that the City may modify these documents to fit the specific• project or work in j question and the Respondent, by making a Proposal, agrees to such modifications ' and to be bound by such modified documents. h) to cancel, in. whole or part, any invitation for Proposals -when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, � other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is -divided into distinct subdivisions, to award each subdivision to a separate Respondent IS. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants -that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation,- individual or firm other than a bona fide employee, contractor or sub -consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City. of South Miami, may not be awarded a contract to perform work as a contractor, subcontractor, supplier, sub -consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a* period of 36 months from the date of being placed on the convicted vendor list 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink Page 8 of 66 Thomas F. Pepe 1011312016 at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, *or printed with blue ink All .spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance. and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is 'for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/oe specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing. Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the.return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material -quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Page 9 of 66 Thomas F. Pepe 1011312016 17 Miami reserves . the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. 'Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be' accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The -successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFQ and as required by law. The Respondent shall be liable for any*damages or loss to the City occasioned .by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part .of -the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, -if required for this Project - 20. Respondent shall comply with the City's Insurance Requirements as set forth in the attached- EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this. Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to -indemnify City from any and all liability, loss or expense. occasioned by any such violation or infringement. 22. Execution of Contract A response to this RFQ shall not be responsive unless the Respondent signs the form of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ -package and agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the RFQ package and/or response to this RFQ, grants to the City the authority, on .the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the Page 10 of 66 Thomas F. Pepe 10/1312016 t 18; proposal and at the City's sole and absolute discretion, the City may treat the Respondent's signature on any. of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent's signature on the contract, after the appropriate information has been inserted. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause ' for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than * a bona fide employee, contractor or sub -consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFQ process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated. with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. Page I I of 66 Thomas F. Pepe 1011312016 30. Performance. and Payment Bond: The City. of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price; including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five* year after final completion and acceptance of the Work with the liability. equal to one hundred percent (1009/6) of the Contract Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 30A. Each Bond shall -be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this RFQ package, -the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has *the Contract awarded to it and who fails to execute the Contract and- furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid BondiSecurity that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the. Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre -proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to Page 12 of 66 Thomas F. Pepe 10113/2016 r 20 make the necessary examinations or investigations, or failure to complete any part of the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition.. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by. those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in ' accordance with EXHIBIT 1, "Scope of Services" and Exhibit #2 "Supplemental Instructions and Proposal Format for Respondents" which is a part of this RFQ Package. 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any Request for Qualification when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or sub consultants in' its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 37.- All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 7 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBITS. END OF SECTION Page 13 of 66 Thomas F. Pepe 1011312016 21 PROPOSAL SUBMITTAL CHECKLIST FORM "Professional General- Engineering and Architectural Services" RFQ #PW2016-22 This checklist indicates the forms and documents required to be submitted for this solicitation. and to be presented by the deadline set for within the solicitation. Fulfillment of .all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: One. (1) original unbound proposal, five (S) additional copies, 3-ring X binders are not permitted, and one (1) digital (or comparable medium.including Flash Drive, DVD or CD) copy Supplemental Instructions and Submittal Format for Respondents, X EXHIBIT 2 X Indemnification and Insurance Documents EXHIBIT 4 X Signed Contract Documents, Professional Services Agreement.. EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Sub Consultants/Subcontractors and Principal Suppliers X Non -Collusion Affidavit Public Entity Crimes and Conflicts of Interest x Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings x Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Page 14 of 66 Thomas F. Pepe 10/1312016 i i 22 ' RESPONDENT QUALIFICATION STATEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of professional general engineering & architectural service contracts executed, a) In the past S years b) In the past 10 years 2. List the last three (3) professional general engineering & architectural service contracts executed. Professional General & a) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General & b) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General & c) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Page IS of 66 Thomas F. Pepe 1011312016 23 3. Current workload • • Qwiier Name I clepholleContract 4. The following information shall be attached to the proposal. a) RESPONDENTs home office organization chart. b) RESPONDENTs proposed project organizational chart. c) Resumes of proposed key projecrpersonnel, including on -site Superintendent. 5.- List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6.. Government References: List other Government Agencies or Quasi -Governmental Agencies for which you have done business within the past five (5) years. Name of Agency. - Address: Telephone No -- Contact Person: Type of Project Page 16 of 66 Thomas F. Pepe 1011312016 I 24 Name of Agency: -Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.:. Contact Person: Type of Project Page 17 of 66 Thomas P. Pepe 10/1312016 25 LIST OF PROPOSED SUB CONSULTANTS/ SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Professional General Engineering and Architectural Services" RFQ.#PW2016-22 Respondent shall list all proposed sub-consultants/subcontractors, assuming sub-consultants/subcontractors are allowed by the terms of this RFQ to be used on.this protect if they are awarded the Contrast:_ General Engineering Eniail Roadway and Drainage Design , General Civil Design Structural Environmental Engineering Architectural Services Landscape Architecture Certified Arborists Services Surveying & Mapping Mechanical, Electrical Plumbing (MEP) Construction Management & Construction Engineering Inspection Services (CEI) Other: Respondents to this solicitation shall provide and include this listing with their Proposal. END OF SECTION Page 18 of 66 Thomas F. Pepe 1011312016 t 26 i NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE } being first duly sworn, deposes and states that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm; or person to submit at collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead., profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives,. owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of Witness Witness Page 19 of 66 Thomas F. Pepe 1011312016 By: Signature Print Name and Title 27 Date ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE 1 On this the day of _ , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared - before notary)'- and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. :. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 20 of 66 Thomas F. Pepe 1011312016 I 281 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a. conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may* not submit bids or proposals on leases or real property to a public entity, may not be awarded- to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being. placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents: must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I . This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutesmeans a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an Page 21 of 66 Thomas F. Pepe 1011312016 29 agency or political subdivision of any other state. or of -the United States, including, but not limited . to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political, subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, o.r material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutesmeans a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I,- 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty. or nolo contendere. 4. I. understand that an "affiliate" as defined in Paragraph 287.1 33 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural- person who ' is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management:, of an affiliate. The ownership by -one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's-length agreement, shall be a prima facie ' case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted• of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or .applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting- this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement. nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are Page 22 of 66 i Thomas F. Pepe 1011312016 30 active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of .its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or -an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent *proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR .THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH DECEMBER 31. OF.THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS ' OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of 20 Personally known OR Produced identification Notary Public — State of My commission expires (Type of identification) (Printed, typed or Stamped commissioned Name of notary public Form PUR 7068 (Rev.06/ 1 1 /92) Page 23 of 66 Thomas F. Pepe 1011312016 31 DRUG FREE WORKPLACE Whenever two or more Bids or. Proposals which are equal with respect to price, quality and service are received by the.State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution- dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may lie imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid 'a copy of the statement specified in Subsection 11). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition -of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee* of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: Print Name. Date: Page 24 of 66 Thomas F. Pepe 1011312016 i i 32 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the "Professional General Engineering and Architectural Services" project as specified have the sole responsibility for compliance. with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub -contractor's names): to comply with such act or regulation. CONSULTANT Witness BY: Name Title Page 25 of 66 Thomas F. Pepe 10/13/2016 33 AFFIDAVIT'CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL_ EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the -Respondent's- • name Does appear on one or all the "Listings" summarized below, Respondents must "Check if ApRlies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http:ff-www.dms.myfloeida.com/business operations/state_ purchasing/vendor informati on/convicted suspended _discriminatoEy complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as -the "Declarant") state, under penalty of perjury, that the following statements are true and correct. (I) I represent the Respondent whose name is (2) 1 have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner ' (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: httpJlwww.dms.myflorida.com/business_operations/state,purchasing/vendor_ information/convi cted_suspended_discriminatory_complaints vendor_lists (4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. if I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department -of Management Services website as of the date' of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. By: (Print name of Declarant) (Signature of Declarant) Page 26 of 66 Thomas F. Pepe 1011312016 ACKNOWLEDGEMENT STATE OF. FLORIDA ) COUNTY OF MIAMI-DADE ) On this the day of , 20 , before me, the undersigned authority, personally appeared who - is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the } Declarant. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL (Name of Notary Public: Print, Stamp or type as commissioned.) Page 27 of 66 Thomas F. Pepe 1011312016 Kiel RELATED PARTY TRANSACTION VERIFICATION FORM I individually and on behalf of ("Firm") have Name of . Repn.sentatrve ComponylVendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers; directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City,- or who is(are) a member of any public body created by the City Commission, i.e., a board orcommittee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal, knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone'who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting . for ' the city, other than as follows: (use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Page 28 of 66 Thomas F. Pepe 10113/2016 ' 36 follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required' to make an independent investigation as to the- financial interest in the Firm *of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) 1 and the Firm further agree not to use or at to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not. available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other. than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:1Purchasing\Vendor Registration112.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other. than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than S in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by Page 29 of 66 Thomas F. Pepe 1011312016 37 the City in which I or the Firm that 1. represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other - than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, .you must make reference, on the above line, to the additional sheet and 'the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based'solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses, to a solicitation, I., and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of. the City's Ethics Code, the giving of any false information or the failure. to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: Print Name & Title. - Date: Page 30 of 66 Thomas F. Pepe 1011312016 38 Sec. 8A- i . - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated' and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard. of ethical. conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code ' enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to 'the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: Page 31 of 66 Thomas F. Pepe 10/1312016 B&I (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through -underwriter's or directly from time to time. Waiver of prohibition. The requirements of - this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing, upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4);. (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the . Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defin_ ed in paragraphs (b)(2), (3) and (4); (3)*The property or services to be involved in the proposed transaction are unique and the city cannot' avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4). That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall. be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1)-through (6) and in paragraph (b)(9) shall enter into any contract or' transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or. business engagement entered in violation of this subsection shall render the transaction. voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, -of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) )n a manner distinct from the manner in which it would affect the public generally. Any person included iri the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift' shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in -any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: Page 32 of 66 Thomas F. Pepe 1011312016 40 a Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) . shall neither solicit nor demand_ any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined. in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to lake a public action; b. A legal duty performed or to be performed, or which could be performed; or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with. the city -clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business- with the city. Should any person included in the terms -defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct- regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept -employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that. person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person Ever use such information, directly or indirectly, for personal gain. or benefit. (1) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. Page 33 of 66 Thomas F. Pepe 1011312016 41+ (1) No. person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on .city time. b. When. permitted. A full-time city employee may accept incidental* or occasional' outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. .is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete -record of such employment. d. Penalty. Any person convicted of violating any provision. of this subsection shall be punished as provided in section I -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by. the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and - any* amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause.. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall. appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before -any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before Page 34 of 66 Thomas F. Pepe 10/13/2016 42 i any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, .but not be limited to, any direct or indirect interest in any investment, equity, or debt (n) Acquiring financial interests. . No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person -believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) *may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years.after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has .any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "indirectly". where he or she knowingly participated in any way in the particular subject matter Page 3S of 66 Thomas F. Pepe 10/13/2016 43 through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability -of the ordinance that person, may submit to the city attorney a full written -statement of the facts and questions: The city attorney shall then render an opinion to such- person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No: 6-99-1680, § 213-2-99) Editor's note- Ord: No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A- I and 8A-2 in their entirety and replaced them with new §§ 8A- I and 8A-2. Former §§ 8A- I and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (IA. 1), 1 (1 A-2) adopted Jan.11, 1969. Page 36 of 66 Thomas F. Pepe 1011312016 I 44 ' PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the. exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has. paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to. pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Executed this day of .20 Signature of Representative Print Name and Title Print name of entity being represented END OF SECTION Page 37 of 66 Thomas F. Pepe 10/1312016 45 EXHIBIT #1 SCOPE OF -SERVICES Professional General Engineering and Architectural Services" RFQ #PW2016-22 The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under continuing professional service 'contracts to perform work as needed on a rotational basis. In order to fulfill such needs and meet the requirements for quick response and specialized. services, the City intends to retain a maximum of four. (4) qualified 'firms under four (4) separate continuing professional service agreements, each under the same terms and conditions. Each individual agreement with each consultant shall be for a term of three (3) years with one (1) renewal option of two (2) years, .at the sole discretion of the City. The services to be provided by the consultant(s) will be: (1) General Consulting Services whereby the consultant may serve as advisor, administrative consultant or technical consultant to the City. The consultant will be asked to act as a technical resource supporting and supplementing City Staff. (2) Services could also be project specific and will be assigned on a work -order basis, whereby the consultant will be asked to prepare planning documents, engineering studies, construction plans and specifications and/or provide construction management services for specific projects as defined by the City. The construction management services or Construction Engineering Inspection (CEI) may be provided for projects completed by -the consultant, completed by another consultant(s) or in support of projects completed by City staff. Other professional services to be provided may include, and ' are not be limited to, architectural services for miscellaneous projects; design and/or construction management projects; such as roadways, drainage, structural, electrical, mechanical, traffic engineering, civillsite planning, water and sewer, environmental assessments and engineering, architectural design, landscaping design, value engineering, construction management, and project management. From time to time, consultants may be asked to assist the City in project coordination meetings with other municipalities, regulatory agencies, and developers, local and state governments. The categories required generally include, but are not limited to the following; • Traffic and Transportation Engineering Includes field data collection and analysis for the preparation of traffic studies including, but not limited to: Intersection and roadway capacity analysis; signal warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming studies; trip generation; forecasting and assignment; as well as pavement markings and signing. Consultant shall- review plans, including privately prepared traffic impact analyses, Page 38 of 66 Thomas F. Pepe 1011312016 46` vehicular circulation plans, and valet parking plans, for private development projects for j compliance with the City's Land Development Code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. • Roadway, Drainage, and General Engineering Design i Includes roadway design and drainage analysis needed to prepare a complete set of roadway construction plans including drainage calculations. and design, traffic control, maintenance of traffic, street lighting, permits applications and processing, as well as technical specifications, bid documents and tabulations. It will also include site plan development and grading plans. i • Water and Wastewater Design Includes the preparation of plans and specifications for water distribution plans, sanitary .sewer plans for gravity mains and force mains, and sanitary sewer pump stations. The design will follow the Miami Dade County Water and Sewer Department criteria and specifications for donation projects, as required by the City. • Structural (building and misc. components) Includes the design, calculations and analysis needed to prepare a complete set of I construction documents for misc. structures, retaining wall, culverts, building structures, i as needed including foundation designs. • Environmental Engineering Includes field data. collection, site investigations, environmental assessments and design as needed to prepare remediation plans for underground storage tanks, hazardous j waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. { • Architectural Services Includes the architectural and engineering reviews necessary to confirm plans prepared by individuals or consultants for either City or private development projects for compliance with the City's Land Development Code and to applicable Building and Zoning codes, fire codes and Americans with Disabilities Act requirements. Consultant personnel would work under the supervision of the Public Works Director or Planning Director depending upon the scope of the project, and Building Official of the City. The consultant shall review plans for private development projects and overall design and compatibility with surroundings and vision of the City and, best practices of the industry. j Provides recommendation of approval to the City's Public Works Director or Planning I Director and the Building Official charged with issuing permits. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. • Landscape Architecture Services E Preparation of landscape plans (conceptual through final drawings and specifications) including tree selection, tree identification and biology, growth characteristics and requirements (water, soil, nutrition), installation and establishment, as well as pruning and maintenance recommendations. The consultant shall review plans for private development projects for compatibility with the City's Land Development code and industry best practices. Consultant will attend meetings with City staff and make r presentations to the City Commission and appointed boards, as required. f i Page 39 of 66 ' i Thomas F. Pepe 1011312016 i 47 + } • Certified Arborist Services Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 204.5.1 of the City's Land Development Code. The review includes the initial site inspection followed I up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection + of trees on both private and public property. • Surveying and Mapping (miscellaneous surveys needs) • Geotechnical Engineering (Field exploration and laboratory testing, soil borings for Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test, , engineering evaluation and reporting) • Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including street and recreational facilities lighting design, air conditioning systems, fire protection) • Construction Management. and Construction Engineering Inspection ` Services (CEI)' 1 Includes engineering services necessary for the ' analysis of construction schedules, construction delay claims, change orders, preparation of progress and final payment estimates, contract correspondence, preparation of minutes for various meetings and public information programs. It will include also detailed inspections during the construction process,. certification of pre -manufactured materials, testing of materials, monitoring . conformance to construction plans and specifications, review and approval 1 of shop drawings, review and recommend .progress payments, preparation of progress reports. Ali documents are to be signed and sealed by a Professional. Engineer or Architect registered in the State of Florida. NOTE: LINKS TO THE CITY'S COMPREHENSIVE ' PLAN AND LAND DEVELOPMENT CODE ARE -REFERENCED IN EXHIBIT #3. In order to be considered, consulting firms or team joint ventures must have experience in all related areas described above and be particularly familiar with the design criteria and standard used within each area of expertise and in particular the practices of the State of Rorida Department of Transportation, Miami -Dade County Public Works Department, Miami- Dade County Department of Environmental Resources Management and Miami -Dade County Water and Sewer Department, the State of Florida Department of Health, the State of Florida Department of Environmental Protection and the South Florida Water Management District as well as applicable Building codes. Consultants should also be familiar with the applicable ordinances of the City of South Miami. The City understands that not all of the interested firms .provide services for all of the different disciplines mentioned; therefore, the City will consider joint ventures. END OF SECTION Page 40 of 66 Thomas F. Pepe 1011312016 i + t i 48 ' EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS "Professional General Engineering and Architectural Services" RFQ #PW2016-22 The submittal must name all persons or entities interested in the submittal as principals. The submittal must declare that it is made without collusion with any other person or entity submitting a submittal pursuant to this RFQ. Each firm shall- only submit once as a prime and may participate as a sub -consultant on more than one team. The City of South Miami shall only consider a- joint venture team or firm that provides all disciplines requested in the RFQ. SUBMITTAL FORMAT Firms shall prepare their submittals using the following format and should include, but not be limited, to the following 1. Letter of Transmittal a.) This letter will summarize in a brief and concise manner, the respondent's understanding of the scope of work and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent- of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the f rm(s)/individual(s) who will provide the services. 4. The submission should include: A. Proposal Package and LabelinglMarking Requirements: All submissions shall consist of one (1) unbound original and five (S) copies, 3-ring binders are not permitted. One (1) digital or comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed according to o Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the five (5) copies must be exact duplicates of the original submission. Page 41 of 66 Thomas F. Pepe 10/1312016 49 FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON -RESPONSIVE. B. Title Page Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and the subject "Professional General Engineering and Architectural Services," RFQ #PW201.6-22. C. Table of Contents Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct.a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal .that shall consist of subsections (1) through (5) where subsections (1) through (3) shall be no more than 10 pages single -sided. Where (1) through (3) contain more than the 10 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms fully executed by an authorized officer of the Respondent The technical submittal should be divided into subsections as described below. 1. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFQ and ability .to perform the work requested; the Respondent's background and experience in providing similar services. This summary should be brief *and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent, staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, offiters, owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (1) the client, (2) Page 42 of 66 Thomas F. Pepe 1011312016 i 501 description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was the prime Consultant or subcontractor or sub -consultant, and (7) the results of the project. 4. Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, including their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub - consultants. Provide professional licenses on pertinent key personnel "(including sub -consultants) to be assigned for the services of this RFQ. S. Provide the appropriate SF 330 , Form, OMB #9000-01 S7 and Expires 1 1 /3012017, in support of the services requested by this RFQ. SF 330 can be downloaded from: http://www.gsa.gov/portaUforms/download/ 116486 ➢ For joint venture teams: - Prime shall submit Section A, B, C and D of SF 330 Part I on behalf of joint venture team. - Information for both Prime and Sub -consultants shall be submitted in sections E, F. G and H of SF 330 Part I - Both Prime and Sub -consultants shall submit Part 11 of S.F. 330 Note: Confidential and Proprietary Information. Trade secrets or proprietary. information submitted by Respondents in connection with this pre -qualification process may be subject to the disclosure under Chapter 119, F.S., unless such information is specifically exempted or categorized as confidential in- that Chapter or another section of the Florida Statutes. However, respondents must invoke the protections of any such section(s) within 24 hours of notice that a public records request for such information has been made and if Respondent invokes an alleged right to an exemption or declares the information to be confidential, Respondent shall provide written justification including a citation to the specific statutory authority relied upon and the reasons why it applies to the records being requested. Failure to abide by this procedure may result in disclosure of the Respondent's information and Respondent agrees that the City shall not be liable to Respondent for disclosure under such circumstances. Furthermore, if a Respondent objects to production of the documents, Respondent agrees to indemnify and hold the City harmless from any and all costs and expense incurred by the City, including City's attorney fees, in defending an action filed to obtain said records, as well as any damage award against the City, including the attorney fees of any of the parties in such suit and appeal. END OF SECTION Page 43 of 66 Thomas F. Pepe 1011312016 51 i EXHIBIT #3 C1TY'S.COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE "Professional General Engineering and Architectural Services" RFQ #PW2016-22 Note: The City's Comprehensive Plan and Land Development Code can be accessed through the following links provided below City of South Miami's Current: I. Comprehensive Plan — Please see link below. httpJ/www.southmiamifl.govlindex.aspx?NID=179 2. Land Development Code - Please see link below: https://www.municode.com/library/fl/south—miami/codes/land development code END OF SECTION Page 44 of 66 Thomas F. Pepe 10/13/2016 I 52 EXHIBIT #4 INSURANCE & INDEMNIFICATION REQUIREMENTS "Professional General Engineering and Architectural Services" RFQ #PW2016-22 INSURANCE & INDEMNIFICATION REQUIREMENTS 1.01 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of .them or by anyone for whose acts any of them may be liable.- B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise -out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally, The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter Page 45 of 66 Thomas F. Pepe 1011312016 53 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations .and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including - Personal Injury: $1,000,000; Medical Insurance: $5,000 per person; Property Damage. $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,.without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) *Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. . (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.OT SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the -subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, .including foundations, Page 46 of 66 Thomas F. Pepe 10113/2016 54 B. 1.09 A. B. C. additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering -the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements 'and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily injury", `property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 47 of 66 Thomas F. Pepe 1011312016 (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, .with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, them in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which.the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued -by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries; damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and.all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate' levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Page 48 of 66 Thomas F. Pepe 1011312016 56 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them,*and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees; is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 49 of 66 Thomas F. Pepe 10/13/2016 57 EXHIBIT#5 EVALUATION AND SELECTION CRITERIA "Professional General Engineering and Architectural Services" RFQ #PW2016-22 Scoring and Ranking Phase 1 - Competitive Selection -Ranking; maximum 100 points per committee member. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The evaluation factors used for determining qualifications for ranking include: I. Qualifications, competency and technical expertise of the firm and personnel to perform the services in accordance with the Scope of Services: Maximum Points: 40 . 2. Qualifications of -the Project Manager and Project Team: Maximum Points: 30 3. Related Projects/Past Experience: Maximum Points: 20 4. Overall quality and completeness of the submittal: Maximum Points: 10 Phase 11— Competitive Negotiations Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the "short-list" respondents or, any respondents. A final ranking of all firms or short-listed firms will be submitted to the City Manager for review and approval. In order to fulfill the City's needs and meet the requirements for quick response and specialized services, in accordance with Exhibit I "Scope of Services," the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. The City Manager shall commence negotiations with the first ranked firm. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations shall continue until the City Manager has successfully completed negotiations with a maximum of four firms, each of whom shall execute a contract with the City and be on the City's roster of professional consultants. The firms shall not be in competition with each other except for their qualifications. The City reserves the right to reject all Respondents, to request clarification of information submitted or to request additional information from any Respondent, and to waive any irregularities in any submittal. END OF SECTION Page SO of 66 Thomas F. Pepe 1011312016 i 58 EXHIBIT#6 PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 THIS AGREEMENT made and entered into this day of , 20 by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). 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 Thomas F. Pepe 1011312016 59 i i . 1 L 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. r 5.0 Payment and Partial Pavm, ents. The CITY will make monthly payments or partial payments to the -CONSULTANT for all authorized WORK' performed . during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached. to this AGREEMENT then payment will be made 30 days following the receipt of 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 52 of 66 Thomas F. Pepe 1011312016 i 60 ' 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 l services for or on behalf of the CITY including persons employed by any independent I contractor. By reserving this right, the CITY does not assume any obligation or 1 responsibility to enforce or ensure compliance with the applicable laws and/or regulations. i 12.0 Warranty, The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ! CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by 'either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the i 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. 1 1-6.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and . published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this �{ Page S3 of 66 Thomas F. Pepe I 1011312016 i 61 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 terns 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 a Trial. CITY and CONSULTANT. knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the -Work thereunder. 26.0 Validity of Executed Copies. This. AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severability. If any term or provision'of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term. and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in' any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order'to entitle any party to exercise any remedy reserved to it in this Page 54 of 66 Thomas F. Pepe 10113/2016 62 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 Page 55 of 66 Thomas F. Pepe 10113/2016 De& anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any acid all other and further documents as might be reasonably necessary in order -to ratify; confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting; If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY -for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project Under such condition, CONSULTANT and its subcontractors . are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required .by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided -to the public agency, upon request from the public agency's custodian of public -records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO. THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 Thomas F. Pepe 10/13/2016 i 64 delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified- mail, with return receipt requested and shall be deemed delivered* on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney. 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONSULTANT: 42.0 Corporate Authoritv: 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 officers powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. CONSULTANT: By: (Print Name Above) ATTESTED: City of South Miami By: By: Maria M. Menendez, CMC Steven Alexander City Clerk City Manager Page S7 of 66 Thomas F. Pepe 1011312016 i i 65 Read and Approved as tb Form, Language, Legality and Execution thereof. By: Thomas F. Pepe, Esq. City Attorney- .. ' I f Page 58 of 66 I I Thomas F. Pepe 1011312016 t 66 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ. #PW2016-22 Page 59 of 66 Thomas F. Pepe 10/13/2016 i i i 67 ATTACHMENT B INSURANCE & INDEMNIFICATION -REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional. General Engineering and Architectural Services" RFQ #PW2016-22 1.010 Insurance X Without limiting its liability, the. contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South .Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless'authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under'the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are -applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, 'or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 11 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Page 60 of 66 Thomas F. Pepe 10/13/2016 Z: 1 r In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Workers Compensation Insurance. 1.013 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Personal Injury: $1,000,000; Medical Insurance: $5,000 per person; Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations* Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 Thomas F. Pepe 1011312016 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery- is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory - to the CITY covering the same. H.- The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. 1. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer -shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily. injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 Thomas F. Pepe 10/1312016 70 (4) a policy. provision or an endorsement with substantially similar provisions as follows: , "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives; Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Page 63 of 66 Thomas F. Pepe 1011312016 71 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against .them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, .representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts. or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through -or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. L However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply. and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused ey the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional. in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 Thomas F. Pepe 1011312016 72 EXHIBIT #7 "Professional General Engineering and Architectural Services" RFQ #PW2016-22 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter') and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest Protest Letter is considered filed when the Protest Letter and the required filing fee are received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. 'The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the r City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with. a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or Page 65 of 66 Thomas F. Pepe 1011312016, 73' disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f} Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the City Manager or the City. Commission as provided in subsection (Q above, unless the City Manager makes a written determination that the solicitation. process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT Page 66 of 66 Thomas F. Pepe 10/13/2016 NatnelTide Company Name/ E-mail Address Telephone No. Date: RFQ Title: RFQ No.: Plea;L t Print Clearly South�Miami TIIE CITY OF PLEASANT LIVING Pre -Bid Conference Sign -In Sheet November 15, 2016 Professional General Engineering and Architectural Services PW2016-22 NarnelTitle Company Name/ E-mail Address Telephone No. �•. �� if IS. (��t <. ��,ci �1�1� .,,�1t��,lT �L.t�' .. xU�;BI'� ,F �n,.; t, ,�3i.�,:i'.".z- y ��Sta!11`�C)I�O�r��4`��h!�\�a'(I.FJ; (r ✓r..Q�T�'i+�t� �`��*r�PJ�i�'�`.`��e'r�otfie�fl�aINas��a tl t < `trl t`Ir ° r 'tom-°Yxr'7Y- - •/ I [ii �, Il�y� �t��y �°hilt �� \J etQ\\V �I (V'J 4 (��,,�4•�1��'M.1 (`��a / � h11.(* ,` `�F �� •� �' 1 / { q Ft4��'�el . L� ' V i}� I��f1�y11� tF. , ��Y f y 2tl � r,, , a T e e XAPmehasing\Requcst for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Sid Meeting Sign -In Sheet.doc 76 NamelTitle Company Namel E-mail Address Telephone No. South TI IE CITY OF PLEASANT LIVING Pre -Bid Conference Sign -In Sheet Date: November 15, 2016 RFQ Title: Professional General Engineering and Architectural Services RFQ No.: PW2016-22 Please Print Clearly Name/Title Company Name/ E-mail Address Telephone No. T A Y (k T1 fr5 i i L ilY'IAIi F3 g Vt �. .l'lxx (y�l(r R..se. F...i7r I \ (1 "1 � y.Y, 3')i fJr?tli S'IfS 7 l L tS ,k11 k 'i i-!� h �� 'd1 S)1'4.t�Siry/ `+�G(D J'S:h �:;.t�ukallt; :�.iS�aE.tSS.L�'.�`�3' llttk.. 1✓h:�f � i fl% a At 4 .Y...� Y 9 S (fr � �t 4�L, 67 , � tiT mar 1 i1 E(.. t:l � � a Q r h(�l Q.) �'' r. t trT ;,4 ✓.AF` 11" �}y i'+,., .ifyv `W �� 11411 1. „� 1 � 9i�- �1•� wF 611111RIl Y t ae i r � t}+ Yi�MA2�rZFi I �Al S. :- ,L � (� YYt ;, } � �k,�"• p�d)t"�;�(,y�j'1 iyl pV1f 'kL4 ta, r�.n 1 9'_{ '�L�j�q l( %� > p f Ik'�)ii� N it i ��l''� •tf, n �k 10, �v�,y �k. j5'` t 1 ��u:s'. �2Ci: s_ _ i� I� •_' 4 { SAWNWIN w—R-01 MM XAPurchasing\Request for Proposals & Qualification (RFPs)t2016 Professional Engineering ServicesWre Bid\Pre-Bid Meeting Sign -In Sheet.doc 78 Date: RFQ Title: South THE CITY OF PLEASANT LIVING Pre -Bid Conference Sign -In Sheet November 15, 2016 Professional General Engineering and Architectural Services RFQ No.: PW2016-22 Please Print Clearly Name/Title Company Name/ E-mail Address Telephone No. CIVIL (.)()(LYJ ) Ve °y I C < t ; 3 e.1.cF S 13 357-3 15 0 Crc.l�•�«1c) f� ��..i ek,•\-c l.kw ' I ,,K , ! \Yl 4 N .. x FIRE ♦ u� T . ...}:' f "'WWW s✓rfFNMtftN ri S p r i � \ ✓i {l, LL�','� (; 1 mMJL M pia: 1l: '�,{ .. a N,� ll.i...5 P 1 ... n'! ri ➢ ..� I a...� tk.r ' .1 inP 7 �!,& ¢ 'l %` r i' f• '.e �i�' M1yf dr r�, tt� w A �� l(ix slnt RPM,1Ti�Fiar� A r yY)d7'i 44�fi: nr F rs.A4C,rA A Yr k:: Y}. Fi4, ,� rc ..< i�r•C:'.+ ITiy`I� a i' d..'F k ''t y, ,:�.,. 9 `�' s np P % }I •,. FV' [Y�� 4y' 4'y Ay rt YS., nr? o_F qPi II X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Hid Meeting Sign -In Sheetdoc 79 " BID OPENING REPORT A Imcd"PORATED ° 1927 Bids were opened on: _ MondgL December S. 2016 after: 10:00am For: wow PW 2016-22 Professional General Ennineerina & Architectural Services COMPANIES THAT SUBMITTED PROPOSALS: A.D.A. ENGINEERING, INC.................................................................... BERMELLO AIAMIL & PARTNERS, INC............................................... CALVIN GIORDANO & ASSOCIATES, INC........................................... CPH.......................................................................................................... EACCONSULTANTS.............................................................................. FERNANDEZ—BERAUD, INC............................................................... KEITH AND ASSOCIATES, INC.............................................................. KEITHAND SCHNARS........................................................................... MARLIN -ENGINEERING, INC............................................................... MILLERLEGG............. ................................................ ........................... PISTORINO &ALAM CONSULTING ENGINEERING, INC................. RJ. BEHAR & COMPANY, INC..........................................................1. RODRIGUEZ AND QUIROGA, ARCHITECTS CHARTERED ............... SOL - ARCH . . S.R.S. ENGINEERING, INC.................................................................. STANTEC.............................................................................................. THE CORRADINO GROUP.................................................................. T.Y. LYN INTERNATIONAL................................................................. WOLFBERG ALVAREZ & PARTNERS ................................................. THE ABOVE BIDS HAVE NOT BEEN CHECKED: THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:_ MARIA, W. MENENDEZ • ' Print Name Signature Witness: :Sg- 4 ti kle b s Le k Print Name Si ture Witness: Print Name Signature 80 81 P E SH:9 T. Id UP 1-14 v 82 Procurer .30 SHORT LIST 61 �,��"Nit itfWd EvalUation South Miami, Yf+t' Scoring Sheet , www.3�u T;FP Title PROFESS16NAL:'GEWRAL �NSaINEERING & ARIr HIITECTURAL,.5, REP No:' (?_W2016=22 Ri't-YFR IY,f , vy f T - r P P QerFormt $ in 0`qC t kh'the. *r` 4 t .y $co�0 P eitEg 3v ..r.xa Marrmum rioints: �'S �S <-� :;� 'an 3 b �s 3x Oolikatbhn of the. 'pralect Mana&r an r 2. Project Team: lffaxlnttmPolUls': 3b ZC� 3p. 2S 3D , RelatA� Pi^olects%Bast - 3, .ExPerient :r MaximuntPoints: y �. tS OVerdll quality and . . COITIp10CefjeS,S O{ ', b 4, the submtah lt maxnnumPoints; t� (Prrint arrej na ure — I S.`.(RLRn<1tY VXL:\\,:elP{t�e�ry�!-.YY•: s'�. v...yY.aO.t' : �'.•..4.4n:ItY.:rv<.we:rs:Yvice..m...r.vvee.=.�anvv xev+n.a.n.-Y.�n+*•.a•�v m.....m_aa� _..`....�..�—�...� _. I 83 PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SERVICES RFQ #PW2016-22 SHORT LIST INTERVIEWS FINAL RANKINGS - FEBRUARY 1, 2017 Evaluator i Calvin Giordano Corradino Group EAC Consulting Marlin Engineering-. RJ Behar 5R5 Eng. 5tantec TY LIN Shari Kamali 92 93 96 100 96 97 98 100 Grizel Martinez 91 91 96 95 95 97 90 96 Jane Tompkins 85 70 90 90 80 85 90 75 268 254 282 Calvin Corradino EAC Marlin Evaluator RJ Behar SRS Eng: 5tantec TY LIN - Giordano Group Consulting Engineering Shari Karnali 92 93 96 100 - 96 97 98 100 Calvin Corradino EAC Marlin Evaluator RJ Behar SRS Eng. 5tantec TY LIN Giordano Group Consulting Engineering Grizel Martinez 91 91 96 95 95 97 90 96 Calvin Corradino EAC Marlin Evaluator RJ Behar .SRS Eng. TY LIN Giordano Group Consulting Engineering .5tantec Jane Tompkins 85 70 90 90 80 1 85 1 90 75 m MIAMi DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miarrii, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath, says that he or she is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review We Miami Review, a daffy (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Florida. that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI - MAR 21, 2017 in the XXXX Court, was published in said newspaper in the issues of 03/1012017 Affiant further says that ;he said Miami Daily Business Review is a newspaper published at Miami. in said Miami -Dade County. Florida and that the said newspaper has heretofore been continuously published in saia Miami -Dace County. Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the firs', publication of the attached copy of advertisement, and aNiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for t securing this advertisement for aublicallo the said ne Sw n to and �bscribed or�fFe this 10 dayof )fy,R D. 20 MARIA MESA personally known to me iHOM,gsr�oe>>��o \ � N��21*0c° o Oi ex, ®o® o° y o OF 034747 ; o gOUY� 04 dry F � u into 1927 P COnIto CITY OF SOUTH MIAMi NOTICE OF FUBUC HYING NOTICE IS HEREBY given that the City Commission of the City of Soutt, Miami, Flodda.wiil conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. March 21, 2017. beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resol ion authorizing the City Manager to enter into a multi -year contract l with EAC Consulting, Inc., Marlin Engineering, Inc.. SRS Engineering; jJ Inc., and Stantec for general engineering services on an as needed basis. An Ordinance amending the Land Development Code, Artice 11, "Definitions", Section 20-2.3, "Deflrtitions", and Article 111, "Zoning Regulations", Sections 20-3.30) "Permitted Use Schedule" and 20-3.4(B) "Special Requirements" adding subsection (24) relafrng to Medical Marijuana Centers and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in thVCity of South Miami. An Ordinance amending Section 20-2.3 of the City of South Miami Land Development Code, creating a definition for 'Beauty/Barber Shop. or Beauty Spa" uses; and amending Section 20-3.3(D) and Section 20-7.12 .concerning permitted uses of Beauty Shops, Barber Shops and Beauty Spas and parking requirements. An Ordinance amending Chapter 2, Article I.Section 2-2.1 of the Code of Ordinances to ddd subsection (P) and for the purpose of providing a procedure for approving the South Miami Community Redevelopment Agency budget. ALL interested parties are invited to attend and will be heard. For further information, please contact the by Clerk's Office at 345-663-6340. Maria M. Menendez, CMC. City Clerk . . Pursdant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearlrtg, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 3/10 17-85/0000205560M 1 8511 m }CI vr1C q^T nmw•Y nvNO•vt�tu 4+•u+^wv R'AO'1N nnC �O�rr x•+V N•w+u+.4•; niWrn�V�R �n • ✓•r, 4p� .w.Mnfnni �ta�.wnf 04w� v.�-y V •i rW wtt/W Wi ,•e+ �er��au. 1 M %fin •. %C Maa••vVmn �I[4wvgxv .�f •MM vnF n n.a.v rv• ^vm n,u any. •+wY; ,aP+u ra rr.nni.wl+ant.Mnm�a�'•Wily w�nn.vyla +Mrrw+v^ W\a Vf n'.»-v02 aO�4 M iaa'w'.uwC4 m,uv.M-Y n••a++n•,•+a•'yM •' uapaau �n..urMuW.noil.l.a^wm+q'fnwYi w'1.•I'+nM a%• w w•wwylM W.•an,xb.vnesa.nJ+ni Wva,.••u+n••u+unu x)(J.ON A.CHJ moa IWVIWln0SJ0AtD mMml,fMmwaNwf Y 4aa �w P•an H3111u,Pl ilmrnl,l T%MwP+eunf upww rW UOlnw°MNa Nw.ANmw^lwalaml '»rclna -nual»pe>w CW»VI p,a�n aYVMN,I,Nuwl wawN+nW�»^A+1 '»M nWYfm �HKm+I ul••14'^Wbu'•9.'Vwa .�momal PNwWK 'NwwYMu+'"R»+VI aNt vei»ngniJl^Vlu+•uV•G+U 9%wn N,n vaRwa w1aNIN•wanmr.l � u1M 4JPm,viNn•u wnP% rv+vW�amm rn4+ H �IWA alw'OF%p ,n. ,n wm•Na9n •�Dw': 3f wati.% �(mlwnP�uwiNW .v.vnlr4�.'w'mw'm auaM •4�FVRaPPa I•ugw� wv l^4'n+?+vl l�w.sagmo+Nm,aw ww,+vla,mm +,Yvq N'•N•WM P. 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W uwalp•RwRaW %Pacaanme�Na ry[,unplH4^w %4 1alaMAryawYpM[p +Nndopnvpap wiy wlPWuy pNIaIPYJOa^'!�•bm?a IgMaIYL Nf .aRl�a utw•'gp,uW °�ml.�v a3o�ry�:�m�� II 'WnJpu P x4aillnmaP,Muw _ Ysl4p»p Nlq ivp awinu.N19+•'a '•+avwualiYi nWy Vl mapaAAna% •Wm>NPaHFJepaN ryx »NIPNJM /•vaa0 V Ya'J'WOW V'•xVN mtl(mvV Wp•+mM N'. w+x%+"e^IWM� AmmlMvpavNa ',wwa awuVamO1Y�N,Unamn mwat.eVlry „wVHnrglp%Na S+Wwaiwvma.x�aW PNwu vmw -V On45f:U µe n»rya• npaostp'Junj lq;it3 of suot}urtuldlo hauls padjaH 99'H99tlM'M NHOH M104 mnup•IIt+�1 HNHF pn%R 1 3�llu's,�jv�djl v9 HOBUT 06 (PROFESSOOHAL SERVOCE AGREEMENT ENT "Profealonal Genoml Engineering and Amhftwtural Servicea°° THIS AGREEMENT made and entered into this �4& day of Hemmer, 204�6- by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and EAC Consulting, Inc. who is authorized to do business in the State of 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 guaranteework 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 ape of Services, The CONSULTANT shall perform the work as set forth in the Scop-e Of Services as described in the Notice to Proceed. 3.0 Time for Gomnledon 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 51 of 66 Timaw F.Pepe iaisrao1s 87 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 aMents. 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 Not 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 S?wnershIR 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,lights. 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 NagAa� lions: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to Inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 The CONSULTANT shall not assign or transfer Its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's 'rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITYs 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. ff 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, Pap 52of"- icri3aoia 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 n The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona Ode employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Terming n. It is expressly understood and agreed that the CITY may terminate this AGREEEPRENIT 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 authorised and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 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 C17 Y's Insurance and Indemnification requirements that are set forth in ATTACHMENT 0 to this AGREEMENT. 17.0 Amment 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 Lawns. 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 F. Pape 10113=16 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 qua Free l aftlace. 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 Respons bilities. 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 the Bement. Modification. and Winding 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 Juot T-tial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings In respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 'li . If any terra or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it Is held Invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The dudes and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations Imposed upon CONSULTANT by the Contract Documents, if any, and this -AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed In any way as a limitation of, any rights and remedies available at law or In equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it In this Page 34 of 66 Yaws F. P"s 1019312016 .c 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 lawn 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, pourer 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 lawns, 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 lawn governing employment practices. 32.0 5joirerning 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 CWs Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Pac&)L 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 Poe 55 of " Thoma F. Pepe ionsnois 91 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Finer 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 IMM etation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 35.0 Force MWeum. 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 alloyed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsukants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, If allowed by this AGREEMENT, must be approved by the COTY. The CONSULTANT shall require each subcontractor, who Is approved by the CITY, to agree In the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 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 lawn 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 QUESTOONS REGARDING THE APPLUCATiIO6N OF CHAPTER 119, FLORODA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVODE PUELOC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenesadex@sou am1aam!fi.Zov,- 6130 Sunset ®ewe, Some Hsi, FL 33043. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of " '0 MMN F. Peke 1V13=16 92 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) 669-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONSULTANT: 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder, and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WOTNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. CONS Michael ,Adeife, P.E. (Print Nam ove) ATT D: Cif utho Miami By aria M. 8"Ienende ;.CMt Steven Alexander City Clerk City Manager Page 57 of 66 Thomas F. Pepe 10/1312016 93 Read and Approved as to Form, Language, Lejoiey'and Ex6cudon thereof. Br Thomas F. Pepe, Esq. City Atarney Page go of 66 Thous R Pepe 10/03i"16 94 EAC Consulting, Inc. March 31, 2017 Mr. Steven Kulick, C.P.M Chief Procurement Officer City of South Miami 6130 Sunset Drive South Miami, FL. 33143 Re: City of South Miami Benchmark Wage Rate Summary RFQ #PW2017-22 Dear Mr. Kulick, EAC Consulting, Inc. received the City of South Miami's (City) Benchmark Wage Rate Summary for the above -referenced contract. We understand that it is the City's desire to utilize these "Benchmark Rates" for the work that would occur over the term of the agreement. In order to establish our rates, we considered the rates actually paid to the proposed staff listed in our response to the RFQ and utilized a 2.65 multiplier for our revised proposed rates. EAC Consulting respectfully submits this revised counter offer to the benchmark rates provided to us. We trust that you will find these rates acceptable and are available for any questions or subsequent discussions as necessary. Please feel free to call me at (954) 714-2007. Sincerely, EAC Consulting, Inc. t� � 4 nna Grace, P.E. Project Manager cc. Mike Adeife, P.E. — EAC Consulting, Inc. Attachments: Exhibit A — Compensation rev 2017-03-31 815 NW 57 Avenue, Suite 402 t lVGami, FL 33126 1Phone: 305-264-2557 G Fax: 305-264-8363 t www.eacconsuit.com s CA # 7011 95 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEM ENT CITY OF SOUTH MIAMI "Professional General Engineering and Architectural Services" RFQ #PW20I6-22 The fees for professional services for the Work shall be in accordance with the following billing rates for EAC Consulting, Inc. and subconsultants. Hourly rates include all wages, benefits, overhead and profit Direct Expenses (Reimbursables) shall include -5% markup Billing Rates shall be subject to yearly escalation of 3.5%. SALARY COSTS Category South Miami Benchmark Hourly Rate EAC Revised Proposed Hourly Billing Rates Principal $180.00 $181.46 Sr. Project Manager $150.00 $179.66 Prd'ect Manager $130.00 $171.58 Senior Engineer $125.00 $148.22 Senior Planner $125.00 $134.75 Planner $85.00 $103.31 Senior Traffic Engineer $125.00 $134.75 Traffic Engineer $85.00 $103.31 Senior Designer/Engineer $90.00 $107.80 Designer $80.00 $85.34 Engineer Intern $75.00 $75.00 Senior CADD Technician $75.00 $80.85 CADD Technician $65.00 $76.36 GIS Technician $80.00 $80.00 Senior Construction Inspector $90.00 $97.02 Construction Inspector $75.00 $90.73 Senior Landscape Architect $125.00 $134.75 Landscape Architect $115.00 $115.00 Landscape Architect Intern $70.00 $71.86 Arborist $75.00 $85.34 Utility Coordinator $90.00 $90.00 Surveyor / Mapper $85.00 $107.80 Survey Technician $60.00 $76.36 EAC Consulting, Inc. City of South Miami RFQ #PW2016-22 K116 SALARY COSTS Category South Miami Benchmark Hourly Rate EAC Revised Proposed Hourly Billfing Rates 2-Man Survey Crew $115.00 $115.00 3-Man Survey Crew $125.00 $125.00 4-Man Survey Crew $135.00 $135.00 Fire Protection Engineer $90.00 $134.75 Plumbing Engineer $90.00 $112.29 Mechanical Engineer $90.00 $112.29 Electrical Engineer $90.00 $143.73 Geotechnical Engineer $120.00 $120.00 Geologist $90.00 $116.78 Environmental Scientist $85.00 $116.78 Senior Administrative Assistant $65.00 $65.00 Clerical $45.00 $45.00 3/31 /2017 Micha"el k d We-,-'P'-.E Hate Senior Vice President EAC Consulting, Inc. City of South Miami RFQ #PW2016-22 97 South Miami 814 1 11Y FN P11167 W: ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineedog and Architectural Services" RFQ pPW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" is defined as: © Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the C'kys Land Development Code. The review includes the initial site Inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arbodsts Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Profe al Services Agreements. CONSULT;-Ie of South Mlaml By ( / By: _,.�en Alexander, City Manager 3/30/2017 (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: y: , Thomas F. Pepe, City Attorney ATTACHMENT 5 ONSURANCE & ONDEMNUFUCATOON REQUOREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 1.010 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.011 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Page 60 of 66 Thomas F. Pepe 1011312016 In addition, the policies must include: Employers' Liability at the statutory coverage amount The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: o Personal Injury: $1,000,000; o Medical Insurance: $5,000 per person; o Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount -of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (,Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/Ail Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 Thomas F. Pepe 1011312016 100 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated ANTI or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily injury", `property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 Thomas F. Pepe 1011312016 101 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. 9ndemnifcation Requirement G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Page 63 of 66 Thomas P. Pepe 1011312016 102 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. L. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 Thomas F. Pepe 1011Wo16 flex EXH1B8T 06 PR®PESSUCHAL SERVICE AGREEMENT "PPofesslonW GeneraB Engineering and Amhkoctuaal Semieeel RFQ 096-22 THIS AGREEMENT made and entered into this 10t- day of VA A c 2kXl by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CrM by and through its City Manager (hereinafter referred to as CITY or City Manager) and �A Rku y4, X-aglaefg-AAA who is authorized to do business in the State of Rorida, (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 terltis and conditions: a Tc- ' 1. 1r .Wit --I 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 ScoRe of ces as described in the Notice to Proceed. 3.0 TJrM forCQMidetion 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 faced sum: The fee for a task or a scope of work may be r 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 ATTACHMEJWTAa 4.2 Hourly rate fee: If there is no fixed sum or if additional work Is requested without an agreement as to a faced 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 Si of 66 Thamm P. Pape 1011312016 135 104 wages, benefits, overhead and profit and that shall be In writing, signed by the CONSULTANT and the Cky Mianager and attached hereto as ATTACHMENT A. 5.0 Bnsnt and Partial BWments. 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, 1f no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANrs invoice as the work progresses but only for the work actually performed and approved In waiting by the City Manager. 6.0 'Right of DeGislons. 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 array arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representadvis 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 rgmentative 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 Q_wnMWp of DQcurnents. 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 Agglit Wa. 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 Snag payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth -in NoWations: 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 conta~acting. In such event; the orlgtnal 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 SublettlaS The CONSULTANT shall not assign or transfer Its rights under this AGREEMENT "khout 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 Lawn. If the CONSULTANT knowingly employs unauthorized aliens. such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Pap 52 of 86 1011312016 136 105 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 lades 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 wroridng 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 w orldng solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or malting of this contract For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Terndnation. 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 authorised and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 This AGREEMENT shall remain in force until the end of the term, which includes all 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 ffollov ft the Issuance of the Notice to Proceed. 15.0 Deku 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 Indemnftdon, The CONSULTANT agrees to comply with C17 y's Insurance and Indemnification requirements that are set forth in ATTACHMENT S. to this AGREEMENT. 17.0 AgrMent Not Exclushm, 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 lawns 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 CITrs solicitation, 1f any, applicable to this Page 33 of 66 IQ/ IWo16 137 106 AGREEMENT. 19.0 CONSULTANT shall be responsible for payment of all federal, state, and/or local tastes related to the Work, inclusive of sales tat if applicable. . 20.0 Q= Free Wnrknlace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which Is made a part of this AGREEMENT by reference. 21.0 Indop -dent 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 Qutties Md-Respanalbilftes. CONSULTANT agrees to provide Its services during the term of this AGREEMENT in accordance with all applicable lawns, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Ljo= and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entim Aament-Madiflmdon, and Binding MSWThls AGREEMENT constitutes the entire agreement of the parties, Incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negottlaoon, wrrkftn or oral. This AGREEMENT may not be modified or amended except In writhrg, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the Clay of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless It complies with this paragraph. This AGREEMENT. In general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or If such approval Is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 jury -Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury In State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Vallitv o4 Esoecutted Cow This AGREEMENT nmy 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 SommMOW. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, w 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 lawn or In equity, by special guarantee or by other provisions of the Contract Documents, if any. or this AGREEMENT. In order to endde any party to exercise any remedy reserved to It In iris hZe 34 of 66 Thamn P. Pepe 1011312016 138 107 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, shah 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 Noro-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 tern% 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 Mlogrnent: 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 orlgln, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take afllrm dve 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 reguladons 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 Mlami-Dade County, Florida. 33.0 ire 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 CWs Charter, then the date of approval by City Commission, whichever is later. 34.0 Jblyd Parr Benefic8arv, It Is specifically understood and agreed that no other person or entity shall be a third -party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page SS of 66 Thom P. Pepe IN1uao16 139 108 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 10MMOgan This AGREEMENT shall not be construed more strongly against either party hereto. regardless of who was more responsible for its preparation. 38.0 Fame Mideure. 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 obrigations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public -Rao CONSULTANT and all of its subcontractors are required to comply worth the public records law (s.l 19.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall Incorporate this parWaph 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 vAthin a reasonable time at a cost that does not aweed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost; to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, In a format that Is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER B I9, FLORIDA S'TATUTES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATON S TO THIS CONTRACT, CONTACT THE CUSTODY OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenend®z@southl kMIfl.gov; 6030 Sunset Drive, South Miami, FL 33143. 41.0 NpAges. Whenever notice shall be required or permitted herein, it shall be Page 56 of ii 1rhmnn F: Pope IQ/13=6 140 109 delivered by hand delivery. e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following Individuals or entitles at the addresses (including a -mall) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Teh (303) 668-2510 Fax: (30S) 663-634S E-mail: salexander@southmiamifl.gov VVIth copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax~ (30S) 341-OS84 E-mail: epe � settthtttial�t�et� To CONSULTANT: 42.0 Corporate Authoritb: The • CONSULTANT and Its representative who signs this AGREEMENT hereby certifies under penalty of penury that the CONSULTANT and Its rt;pr'esentative 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 obllgattons created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, In accordance with such officers powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable In accordance with Its term conditions and provisions. ON WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Ap: City of BY Maria M. Menendiw, CFTC City Clerk U Page 57 of ii 'ibwm F. Pepe IQI1=016 §We -Alexander City Manager 141 110 Read and Approved as to Forms LanSuage, Leplity and Euku ton thereck By. Thomas F. Pepe, Esq. City Auerney Pge as of 66 10/11/2016 142 111 loo PMiam lilt ray cx IS fAWKI mn>.4; ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Prefesslonal General f ngineering and Arehftecturaf SerrtkW RFQ NPW2016.22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for'Certified Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: ® Certfed Ar&mwist 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 Includes the initial site Inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CDBSULTAyT r By nj (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof. - By: Thomas F. Pepe, City Attorney ®f South Mi i fly: Steven Alexander, City Manager 112 ATTACHMENT A 66COMP SNSA k1 O®NDD PROFESSIONAL SERVICE AGREEMENT O'PrOfeffillonW Gommi Engbiewing and Au-chitacttard OwWce l RFQ OPWID16.22 pap 59 of 66 mwmw F. pip® 143 113 Professional General Engineering & Architectural Services RFQ ##PW2016-22 Wage -Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 114 ATTACHMENTS QNSURANCE & IN®EMNIFICATOON REQUORtlaMEG' TS PROMSSI®NAL SERVICE AGREEMENT "Iotessional GenrW Engineedng and AmMtesten8 Se.rHQeae' RIFQNPW2014-22 1.010 InsurancA A Without limidng Its liability, the contractor. consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim Is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be Ilable. R. No insurance required by the CITY shall be Issued or written by a surplus lines carrier unless authorized In writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Insurance from and shall maintain the Insurance with a company or companies lawfully authorized to sell Insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of diem may be liable: (a) dalms under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease. or death of the FIRM's employees; (c) claims for darnages 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 destrucdon of tangible property, Including loss of use resulting there from; (Q claims for damages because of bodgy 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 Ilabiiity insurance applicable to the FIRM's obligations under the Contract. 1.011 Elan! Insuur na- enam9y.—T'he 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 ftdm1& 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 Statutm as presently written or hereafter amended, and all applicable federal laws. Page e0 of 00 Thomas F. Pepe iarsners 145 115 In addition, the policies must Include: Employers! Liability at the statutory coverage amount. The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 -Commercial Comprehensive General Uab tT insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of Interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: ° Personal Injury: $1,000,000; ° Medical Insurance: $5,000 per person; ° Property Damage: OK000 each occurrence; 1.014 !,Umbrella Commercal Comprehensive General LiablI t insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but In the amount of 3 4000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General !lability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must Include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage {f) Broad Form Contractual Coverage applicable to this specific Contract, Including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Uability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.016 SUBQQNTR4►CTS: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall contain the same Insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Rullders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while In the course of construction, Including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 Thomas PF.F%x 1611=016 146 116 said buildings or structures. The policy or policies shall also coder machinery, If the cost of machinery Is included In the Contract, or if the machinery is located in a building that Is being renovated by reason of this contract. The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless It would be dearly not applicable. 1.018 Iscellaneous: F. If any notice of cancellation of Insurance or change In coverage is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of this contract; the FIRM shall be responsible for securing other acceptable Insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the fife of this Contract. G. Afi deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. In a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest=' or "cross Iiability" clause without obligation for premium payment of the CITY as well as contractual Ilabil'ity provision covering the FIRMS duty to indemnify the City as provided In this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such Insurance, acceptable to the CITY, as well as the insurance binder, If one is issued, the Insurance policy. Including the declaration page and all applicable endorsements and provide the name, addtess and telephone number of the Insurance agent or broker through whom the policy was obtained. The Insurer shall be rated A VII or better per A.M. Bese's Key Rating Guide, latest edition and authorized to issue Insurance in the State of Florida. All Insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sate discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional Insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily Injury", 'property damage', or "personal and advertising Injury" and It will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B' Pane e2 cf 66 Thom= F. Pepe OW13=16 147 117 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified retail, 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 writh deductible per claim if any, not to exceed Sib of the limit of liability providing for all sums which the RRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him In connection with this Agreement This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement However, the FIRM may purchase Specific Project Professional liability Insurance, In the amount and under the terms specifiedabove, which Is also acceptable. No insurance shall be issued by a surplus lines carrier unless authoriaed In waiting by the city at the city's sole, absolute and unfettered disa-edon. laudemimificadon Requirement G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, Including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against; charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, Its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement. Incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY and/or its affected Page 63 of 66 Thomas F. ftpe 10/1212016 148 118 K. L officers, affiliates, employees, successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Rrm's obligations under this AGREEMENT. The Firm agrees and recognizes that neither the CITY nor Its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that Is occurring on the CITY's property. In rebiewring, approving or rejecting any submissions or aces of the Firm, CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. The Firm has the duty to provide a defense with an attorney or laws firm approved by the City of South Miami. which approval will not be unreasonably wrlthheld. However. as to design professional contracts, and pursuant to Section 725.08 (1). Florida Statutes, none of the provisions set forth herein above that are In conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professionaps obligations as to the Cky and Its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs. Including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional In the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 69 of 68 Thonm F. repe 1011szu IG 149 119 EXCHIBIT lPROFEESSBONAL SERVICE AGREEMENT "Profbssiona9 Genard Englnee9 bg and Archh=turW Servicss1D THIS AGREEMENT made and entered into this ] day of Vi 2011 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 4ZS ��►Fw�< <� g. who is authorised to do business In the State of Horlda, (hereinafter referred to as the "CONSULTANTI. In consideration of the premises and the mutual covenants contained in this AGREEMEW the parties agree to the following terms and conditions: li 71 0 ,17 . 1. 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" j, nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that k wig 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 ape of Services. The M-NSULTANT shall perform the work as set forth in the Scone Of Services as described in the Notice to Proceed. 3.0 Time for Com*09n 3.1 The services to be rendered by the CONSULTANT for any WORK shall be comrnenced 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 Bask of Corn ton: The fees for services of the CONSULTANT shall be determined by one of the following methods or a. combination thereof, as mutually Weed 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 foxed 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 ATrACHM ' A. 4.2 Hourly rate he: If there is no iced sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page 51 of 66 10113i2016 135 120 wages, benefits, overhead and profit and that shalg be in writing signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT . 5.0 I'�vanent and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATrACHMENT A or, g 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 t_ of Decislons. All services shall be performed by the CONSULTANT to the satisfaction of the C17 Y'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 Dacumenm 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 Ilmitadon. 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 dme and cost basis. 9.0 Truth -in NggmtigAnns: If the contract amount exceeds the threshold amount provided In s. 287.017 for category four, the CONSULTANT shall execute a truth-in-negodadon 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 signifltant 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 nude within one year following the end of the contract. 10.0 SuWgtdpg,.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 CITrs 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 subcontmcdng 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, F%p sa of Go Thom" P. Pepe 1011312016 13s 121 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. 12.0Yftmmft. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona Ode employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for aur/ reason or no reason and without penalty by either declining to Issue Notice to Proceed authorizing WORK, or, If a Notice to Proceed Is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and In either event the CITY's sole obligation to the CONSULTANT Shall be payment for the work previously authorized and performed In accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed 14.0 Term This AGREEMENT shall remain in force until the end of the term, which includes all authored 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 Dehu In the event either party falls to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party In default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B.to this AGREEMENT. 17.0 AWMent Not Exduslve Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or sirrtolar services. 18.0 CodmLOrdinances and 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 CITrs solicitation, if any, applicable to this Page 53 of 66 Tbam F. Pepe 1031"16 137 122 AGREEMENT. 19.0 Tmm 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 fig Free 1Norkplace. CONSULTANT shall comply with Cll Y s; Drug Free Workp9ace policy which is made a part of this AGREEMENT by reference. 21.0 Ind dent Contum 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 Respo®Ades. CONSULTANT agrees to provide Its services during the term of this AGREEMENT in accordance with all applicable lags, 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 Agm=nt.-Ma Iftadon. and BindingWe= This AGREEMENT constitutes the entire agreement of the parties, Incorporates all the understandings of the paroles 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 omisslons 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 jurZ Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to atrial 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 yalidlj of Executed Cow. This AGREEMENT may be executed In several counterparts, each of which shall be construed as an original. 27.0 Rules of InteMEnjg4gn: 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 . If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extant, 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 PaP 34 of 66 1011312016 tss 123 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 lawn or in equity, shag 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 riot 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 Ion -Waiver. CITY and CONSULTANT agree that'no failure to exercise and no delay In wwrcising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right; power, or privilege under this AGREEMENT. No waiver of this AGREEMENT. in whole or pare, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable If In writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any tern condition or provision of this AGREEMENT w13 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 shad not act as a waiver of any subsequent breach or default. 31.0 Ng Discrimination and Equal FaRIgMent 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 Gm erninQ 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, Ronda. 33.0 Eff n ft t . This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission If such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so .executing it or If City Commission approval is required by the CWs Charter, then the date of approval by City Commission, whichever is later. 34.0 Third EaW 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 Psge SS of 66 8houm P. Pepe 10113=16 139 124 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Egreher 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 Intm mWon. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Form..l1f 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 Suhgmxacft If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsukmts as it is for the acts and omissim of people directly employed by It All subcontractors/subconsukants 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.l 19.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall Incorporate this paragraph in all of its subcontracts for this Project Under such condition, CONSULTANT and its subcontractors are specifically required to. (a) keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract am and following completion of the contract If the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost; to the public agency all public records In possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be' provided to the public agency, upon request from the public agency's custodian of public records. In a format that Is compatible with the Information technology systems of the public agency. IP THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 8 899 FLORIDA STATUTES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RE@ATUNG TO THIS CONTRACT, CONTACT THE GUSTO®!AN OF PUBLIC RECORDS AT 305-"3-6340; E-rnafl: mmenendersouthm1am1fLSow, 6830 Sunset ®rive, South Miami, FL 33143. 41.0 NadgM Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 iThmm F; Pepe 1011=016 140 125 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: tpepeCc�r�.southmiamifl.gov To CONSULTANT: 42.0 Corporate AuthoriV. 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. ON WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. CON1L*40010, 'U y: h:z 5ei?04L7°4- (Print !�We-A ve) A City r�� 13r. aria M. Menendeii-C-11C City Clerk r� Page 57 of 66 Thomas F. Pepe 10/1312016 Steven Alexander City Manager 126 Read and Approved as to Form, Language, Lep{ity and Lxecudon thereof: Thomas F. Pepe, Esq. Catty Attorney FaP 33 of 66 Thamae F. Pepe 6916312®is 142 127 r N South Miami IOU UIIYUI IVASA.NI lI -M ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #fPW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: A Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTANT BY: jter By: SR 4ngineering, Ina �� Ignacio Serralta/President (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: Thomas F. Pepe, City Attorney i Miami Alexander, City Manager W-01 ATTACHMENT A "'COM f" EEIV' SATI®N99 PROFESSUCHAL SERVBCE AGREEMENT yew Q NV 2016.22 Page 59 of 66 mwmw P. Pope 1WIN"16 143 129 Professional General Engineering & Architectural Services RFC #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 130 A°TACHMUNTS ONSURANCE & 0N®ENNORCATOON REQUIRENENTS PR®MSSi®NAL SERVICE AGREEKE1T "P rofe$alond Gene -A Engineering and ArchltecturmO Services" RFQ OPW2016-22 1.010 lnsumnce A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, Insurance of the types and In the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the perfore mee of the contract with the City of South Miami, whether such claim Is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. �. No insurance required by the CITY shall be Issued or written by a surplus lines carrier unless authorized In writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authhorbmd to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone direcdy 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 !Mork to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages, other than to the Work ltself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (Q claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.011 Rrw?s Insurance Generallyyihe FIRM shall provide and maintain in force and affect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below. 1.012 workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Lawn" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Page 60 of 06 Thornaa P. Pipe 1011312016 145 131 In addition, the policies must include: Employers' Liability at the statutory coverage amount The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 _ _ mmerclal Comprehensive General Liz IIIX insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $300,000 aggregate, induding: o Personal Injury: $1,000,000; o medical Insurance: $5,000 per person; • Property lama $500.000 each occurrence; 1.014 Umbrella Commercial Compmhensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary Insurance policy but In the amount of $1.000,000 per claim and $2,00%000 Annual Anregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must' include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (� Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.01E Business Automobile LiablI ty writh minimum limits of One Mullion Dollars ($1,000,000 00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form -no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must includes (a) Owned Vehicles, (b) Hired and lion -Owned Vehicles (c) Employers' Non -Ownership 1.016 SUBCON CTS: The FIRM agrees that if any pare of the Work under the Contract is sublet, the subcontract shall contain the same Insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, Including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 Thomas F. lPem icrIM016 gas ` 01� said buildings or structures. The policy or policies shall also cover machinery, If the cost of machinery is Included In the Contract. or If the machinery is located in a building that Is being renovated by reason of this contract. The amount of Insurance muse, at all times, be at least equal to the replacement and actual rash value of the insured • property. The policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coveraage unless it would be clearly not applicable. 1.010 miscellaneous: F. If achy notice of cancellation of Insurance or change In coverage Is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of this contract; the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change. or expiration so as to provide continuous coverage as specified in this secdon and so as to maintain coverage during the life of this Contract G. AD deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. I.O. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest' or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided In this Agreement 1. Before starting the Work. the FIRM shall deliver to the CITY certificates of such Insurance, acceptable to the CITY, as well as the insurance binder, If one is issued, the Insurance policy, Including the declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The insurer shall be ratted A.VIi or better per A.M. vest's Key Rating Guide, latest edition and authorized to issue insurance In the State of Florida. All Insurance policies muse be written on forms approved by the State of Florid and they must remain In full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the policy (as defined In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additlonal Insured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury", 'property damage'. or "personal and advertising Injury" and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage 0"; Pap 62 of 66 Thonm F. Pepe 10/13/2016 147 133 (4) a policy provision or an endorsement with substantially similar provisions as .follows: "This policy shag .not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Mlami 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 S 1,000,000 with deductible per claim If any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM Its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement This Insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement However, the FIRM may purchase Specific Project Professional Liability Insurance, In the amount and under the terms specified above, which Is also acceptable. No Insurance shall be issued by a surplus lines carrier unless authorizad in waiting by the city at the city's sole, absolute and unfettered discretion. 6ndemnVicsdon Requimment G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages. or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses. claims, demands, suits, fines, judgments or cost and expenses, Including reasonable attorneys fees, paralegal fees and Investigative costs Incidental there to and incurred prior to, during or follovAng 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 Firnn s obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Page 63 of 66 Thom= F. Pepe Ialua016 148 134 officers, affiliates, employees, successors and assigns, including their attorneys fees, in the defense of any action In law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement. or Incident to or resulting from the performance or non-performance of the Rrm's obligations under this AGREEMENT. �. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, induding the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the Cll Y's property. In reviewing, approving or rejecting any submissions or acts of the Firm. CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractorlsubcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of diem. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami; which approval will not be unreasonably withheld. L. However. as to design professional contracts, and pursuant to Section 725.08 (1). Florida Status, atone of the provisions set forth herein above that are in conflict w+ieh this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus, the design professional's obligations as to the City and Its agencies. as well as to Its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs. including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Pap 64 of" Thom= F. Pepe WHOM 149 135 Quallication Statement - Part 2 - Standard Forms EXHIBIT PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 THIS AGREEMENT made and entered into this �1 s{ day of ft, 20_IL by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and 5 -1 A-0m- C who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page S I of 66 City of South Miami - RFQ #PW2015-22 I11 . Professional General Engineering and Architectural Services 136 QuoEi9cation Stafernent - Fort 2 - Standard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth -in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page S2 of 66 •`tY =r City of South Miami - RFO #tPW2016 22 Professional General Engineering and Architecturol Services I > 137 Quolincahon STaiemeni - Fart 2. Standarci 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. 13.0Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option -to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 19.0 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 City of South Miami - RFQ #PW201G-22 Professional General Engineering and Architectural services i t 138 Qualiftcaiion Statement - Part 2 - Standard Forms AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor.. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 -Jua Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 ValiditX 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 54 of 66 City of South Miami - RFQ 0PW2016-22 Professional General Engineering and Architectural Services I> > 7 139 Qualification Statement - 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 Page SS of 66 City of South Miami - RFQ 5PW2015 22 Professional General Engineering and Architectural Services 11 R 140 Qualiiicotion Statement - Part 2 - Standard 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.1 19.0701) while providing goods and/or services, on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a test 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. OF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset ®rive, South Miami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 Flvr?,sa City of South Miami - RFQ #PW2016-22 Professional General Engineering and Architectural Services 141 Qualification Statement - Part 2 - Standard 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: tpepe@southmiamifl.gov To CONSULTANT: 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have 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. A.TT D: Bye �r , 1 .., .� : (.4 Maria M. Menendez; `C—K`C City Clerk c C ULk�a.. ByR a WP4,Vice?President Stantec Consulting Services Inc. (Print Name 9bGye) City of South Miami By: .,,-,--` even Alexander City Manager Page 57 of 66 City of South Miami - RFQ OPW201S-22 1120 Professional General Engineering and Architectural Services 142 Read and Approved as to Form, Language, Legality and Execution thereof. By: Ston;'ac �r Thomas F. Pepe, Esq. City Attorney Page 38 of 66 Quaiificallon Statement - Pat 2 - Standard Forms Cily of South bliami - P,FO ;f 4:2416.22 i fil Professionol General F.nuineering rind hrcliloclurol SeMces i 143 Southfmiami Ua Cqv OF PUASAMT 1 WU4G ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ OPW20fli-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services; and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: o Certified Arborlst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. The review Includes the initial site Inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTANT: OJV404 LA&MLA, V. P. (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof. - By: Thomas F. Pepe, City Attorney City of South M 144 ATTACHMENT ' A esC®MPENSATOONOR PROFESSOONAL SERVBCE AGREEMENT "Professional Gene gal Engbmwing and Archstactumo serrica, 0FQ O o Y I® 0 6-22 Page 39 Cf 86 7imam P. Pope 1011302016 143 145 Professional General Engineering & Architectural Services RFQ #iPW2016-22 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 $45.00 146 ATTACHMENTS ONSURANCE & IM®EM1 IFOCATION REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT " Irofenional GenwW Engine ing and Am ituturml 5ere1c®s" RFQ W2016-?2 1.010 1nsuMn-ce A. Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract. Insurance of the types and In the minimum amounts stated below as Y411 protect the FIRM, from claims which may arise out of or result from the contract or the perfornmee of the contract with the City of South Miami, whether such claim Is against the FIRM or any subcontractor, or by anyone directly or Indiretdy 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 authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for.which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirecdy employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation. disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages. other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (Q claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract 1.011 F rm's Insurange Gen eraRv —The FIRM shall provide and maintain In force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below. 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida* Statutes, as presently written or hereafter amended. and all applicable federal laws. Page 60 of 66 Thomas F. Pepe I ais12016 145 147 In addition. the policies must include: Employers' Liability at the statutory coverage amount: The FIRM shall -further Insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Commercial Comprehe iye General Uabilia insurance with broad form endorsement, as well as automobile liabllity, completed operadons and products liability, contractual liability, severability of Interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,00%000 aggregate, Including: o Personal Injury: $1,000,000; o Medical Insurance: $5,000 per person; u Property Dames $500.000 each occurrence; 1.014 ,Umbrella Commercial Compmhenshm General Llabft insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but In the amount of $1.000,000 per claim and $2,000,000 Annual Agregate. Coverage must be afforded on a form no more resulcdve than the latest edition of the Comprehensive General Liability policy, wlthout restrictive endorsements, as filed by the Insurance Services Office, and must Include: (a) Premises and Operadon (b) Independent Contractors (c) Products and/or Completed Opemdons Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (� Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless and/or Indemnification agreement (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.0 IS Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000 00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded .on a form no more restricdve than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must Include. - (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.015 SUBCO CMS: The FIRM agrees that if any part of the Work under the Contract is subim the subcontract shall contain the same Insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Elm and Extended Coverage Insurance Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construcdon of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage, white in the course of construcdon, including foundations, addidons, attachments and all permanent fixtures belonging to and consdtudng a part of Page 61 of 66 Th maa F. Fqw 1011=ois 146 148 said buildings or structures. The policy or policies shall also cover machinery, If the cost of machinery Is included In the Contract. or if the machinery is located in a building that Is being renovated by reason of this contract, The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the Interests of all Subcontractors performing Work D. All of the provisions set forth In Miscellaneous section herein below shall apply to thus coverage unless it would be dearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of Insurance or change In coverage Is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of this contract; the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified In this section and so as to maintain coverage during the rife of this Contract. {� G. All deductibles must be declared by the FIRM and must be approved by the CITY. At f the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM dWI procure a Bond. In a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall { expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as weN as contractual liability provision covering the FIRM'S duty to indemnify the City as provided In this Agreement. I. Before starting the Work the FIRM shall deliver to the CITY certificates of such Insurance, acceptable to the CITY, as well as the Insurance binder, If one is Issued, the Insurance policy. including the declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The Insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue Insurance In the State of Florida. All Insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: 'The City of South Miami is an additional Insured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily Injury', 'property damage!, or "personal and advertising Injury" and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B' Thoan F. Pep 1OJ13M16 147 149 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (00) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and In addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the RRM 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 complexion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, In the amount and under the terms specified above, which is also acceptable. No Insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the dty's sole, absolute and unfettered discretion. Ondemniflcadon Requirement G. The Firm accepts and voluntarily Incurs all risks of any Injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall Indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, sults, fines, judgments or cost and expenses. Including reasonable attorney's fees, paralegal fees and Investigative costs incidental there to and incurred prior to, during or following any Iitigadon, 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 Firin shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY and/or Its affected Page 63 of 66 8honm F. Pepe 101134016 148 150 officers, affiliates, employees, successors and assigns, including their attorneys fees, in the defense of any action in lave or equity brought against them and arising from the ne*ent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement; or incident to or resulting from the performance or non-performance of the Firms obligations under this AGREEMENT. The Firm agrees and recognizes that neither the CITY nor its officers, aflillates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that Is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CIW In no way assumes or shares responsibility or liability for the acts or omissions of the Firer, its contractor/subcontractor or any of their agents. representatives. employees, or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Nami, which approval will not be unreasonably withheld. L. However. as to design professional contracts, and pursuant to Section 725.08 (0). Florida Statutes, none of the provisions set forth herein above that are In conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees. is to indemnify and hold them harmless from liabilities, damages, losses, and costs. Including; but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or Intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. THIS IS INCWDED IN THE GENERAL CONDITIONS END OF SEC71OBN Page 64 of 66 TMmss F. Pepe 101=016 149 151 IaIT PROFESSIONAL SERVICE AGREEMENT lip�tessione6 Gen®rd Englnewft =W Archb Wnd Swv[cW SFQ =16-23 THIS AGREEMENT made and entered Into this day, of %A- 20 il by and between the City of South Miami. a munidpal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Mar%w) and S (kS ��, F,�w at4 . t c. who Is authorized to do business in the State of Florida. (hsreirrafteur reerred to as the "CONSULTAW). In consideration of the premises and the mutual covenants contained in this AGREEMENT. the pardes agree to the following terms and conditions: 1.1 A Notice to Proceed will be Issued by the City Marker, 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 gwu=tu:ee wiork 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 Sope of Services. The COhWLTANT shad /:ab= the work as seat forth In the Scone of Servkes as described In the Notice to Proceed. 3.0 31me for Como n 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 went 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 Cky 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 fuliiliiq Its part of the AGREEMENT. cltange of scope of work or should any other events beyond the control of the CONSULTANT reruder performance of his duties Impossible. 4.0 Bads of Corr don: The fees for services of the CONSULTANT shall be determined by one of the followring methods or a. combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed suns 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 wdit signed by the CONSULTANT and the City Hhnager and attached hereto as ATTACHMENT As 4.2 Hourly rate tee: If there is no tined 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 rages that shall Include all Pars1 d66 mmm p. 9age 10113=6 135 152 wages, benefits, overhead and profit and that shall be in waiting, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENTA. 5.0 Bw= and Pared Parm_ er�_es. 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 aetu* performed and approved In waiting by the City Manager. 6.0 Rift of Decislafm All services shall be performed by the CONSULTANT to the sntlsbrdon of the Cf1Y" 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 parries 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 nsde by him. CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the 7.0 Ownership of Doomwam 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 w knout restriction or limitation. 8.0 Audlit g.The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth4n N=2=nny If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation eertilicate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contractin& In such event; the original contract price and any additions thereto shag be adjusted to exclude any slgrnificant sums by which the City determines the contract price was increased due to inaccurate, Incomplete, or noncurrent wage rates and other factual unk costs. Al such contract adjustments must be made within one year following the end of the contract. 10.0 SubLaWaS The CONSULTANT shag 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 CITrs requirements to the CITY's sole satisfFaction. 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 or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthodnd Alkm-., The employment of unauthorized aliens by the CONSULTANT Is considered a violation of Federal Law. If the CONSULTANT know► 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, P�Pnof6i Tboma F. ftP rarruaorm use 153 to require proof of valid citbmhip 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 emp"d by any Independent contractor. By reserving this right, the CITY does not assume any obligation or responsib01t1r oo enforce or ensure compliance with the applicable lauds and/or 12.0M The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee w oridng 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 than CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or malting of this contract. For breach or violation of this warranty, the CITY shag have the right to annul this contract without tiabgiq►. 13.0 Termination. It Is fly understood and agreed that the CITY may termhme this AGREEEMENT for any reason or no reason and without penalty by either declining to Issue Notice to Proceed audwriaing WORK, or, N a Notice to Proceed Is issued CITY may terminate this AGREEMENT by written notice to CONSULTANT* and in either event the CIT rs sole obligation to the CONSULTANT shall be payment for the work prevlously audhork ed and performed In accordance with the provisions of this AGREEMENT. Payment shag be determined on the basis of the work performed by the CONSULTANT up to die time of termination. Upon terminadon. the CITY shall be entitled to a refund of any monies paid for any period of dnw for which no work was performed. 14.0 j 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 agreerrhent Is three (3) yews 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 ray 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 D&u 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 nottilr the defaulting party In writing. 1f CITY is In default, the CONSULTANT w01 only be corr�ensated for any completed professional services and CONSULTANT shag 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 shaE1 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 panty shall bear its own costs and legal fees. 16.0 Insuranca and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnfflaation requirements that are set forth In ATTACHMENT B.to this AGREEMENT. 17.0 Agmm= Not Wushm Nothing In dds AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 C009. Ordinances and Lauds. The CONSULTANT Wes to abide and be governed by all duly promuIptsd and pubbshed municipal, county, state and federal codes. ordinances, rulm 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 Pubic Entity Crimes Affidavit form (attached) pursuant to FS 267.133(3) (a), as required by the CITrs solicitation, if any, applicable to this Poe 33 of 66 Thom P. tee INIM16 137 154 AGREEMENT. 19.0 I 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 Grua Free Worknla & CONSULTANT shall comply with CITY's Drug Free Workplace policy which is evade a part of this AGREEMENT by reference. 21.0 CONSULTANT is an independent enter under this AGREEMENT and nothing contained herein shall be construed to ovate a partnership, johns venture, or agency relationship between the pardes. 22.0 Ducks and Rest bpi, iilid CONSULTANT agrees to provide Its services durltqg the term of this AGREEMENT in accordance with all applicable lags, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided 23.0 Llsenses and CertNicat CONSULTANT shall secure all necessary business and rofessional kenses at Its sole expense prior to executing the AGREEMENT. 24.0 _ii ad9cation. and mina rmect: This AGREEMENT constitutes the entire gpment of the parties. Incorporates all the understandings of the parties and supersedes any prior agfeements, understandings, representation or negoda4lon, wvrimen or oral. This AGREEMENT may not be modified or amended except In writing: fined by both parries heretic. 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 compiles with this paragraph. This AGREEMENT. In general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by Iwrimen 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 knowin*. in-evocably 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 AGRE14ENT or the performance of the Work du reunder. 26.0 Valft of Executed Coates. This AGREEMENT may be executed In several counoe arts, each of which shall be construed as an original. 27.0 Rules o Integretatton: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words sfor plural and plural words substituted for singular wherever applicable. 28.0 IMMMbft If any term or provision of this AGREEMENT or tfie 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 germ or provision to persons or circumstances other than those to which it Is held Invalid or uneshag not be affected thereby and each and every other term and provision of this AGREEMENT shag 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 warrantees, 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 evdde any party to exercise any remedy reserved w it in this PAP 34 of 66 Thmm P. P"m ehvesnois 138 155 AGREEMENT, or existing in law or In equity, it shall not be necessary to give notice, other than such notice as naybe 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 avallable remedy or remedies, but each and every such remedy shall be cumulatdve 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 hnpair any such right or power or shall be commed 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 Wong. CITY and CONSULTANT agree that no failure to exercise and no delay In exercising any rWm 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, nay be tlnphed by any act or onnission and will only be valld and enforceable If In writing and duly executed by each of the pardes to this AGREEMENT. Any waiver of any tern% condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor wtH a waiver of any breach of any tern, con tton or provision eonsdume a waiver of any subsequent or succeeding breadL The fallure to enforce the AGREEMENT as to any pardcul'ar breach or defauk shag not act as a waiver of any subsequent breadh or default. 31.0 No Discrimination and Eaual Emlftvment: No action shall be taken by the CONSULTANT, nor vAll it permit any acts or omissions which resuk in dbalmhation apInt any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity. national origin, religion, a&, sex, familial smw marital status, ethnicity. sexual orientation or physical or mental disability as proscribed by law and that it vW11 take affirmadve action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and It will take affintadve action to ensure that such dbcrhatnation 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 meted to comply with all applicable laws governmental requirements and regulations. Including the regulations of the Unitutd States Department of justice pertaining to employment eligibility and employment pracdoes. By signing this AGREEMENT, the CONSULTANT hereby eerdfles under penalty of perjury, to the CITY, that CONSULTANT it In compliance with all applicable regulations and laws governing employment practices. 32.0 Gavernina Laws. This AGREEMENT and the performance of services herew w will be governed by the laws of the State of Rorlda, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction In MIaml-Dade County, Rorlda. 33.0 Eilecdve Date. This AGREEMENT shall not become effective and binding until It has been executed by both parties hereto, and approved by the City Commission If such approval is required by CWs Charter, and the effective date shall be the date of its execution by the last party so mmutinRg it or If City Commission approval Is required by the CWs Charter, then the date of approval by City Commission, whichever Is later. 34.0 Third_&W RanOlgjarv. 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 F�v 53 0f 68 F. Pepe 10/13016 139 156 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 Time is of the essence of this AGREEMENT. 37.0 InMisnagan. This AGREEMENT shag not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Fwm MWoure. Neither party hereto shag be in default of Its failure to Moon its obligation under this AGREEMENT if caused by acts of Goad, 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 Subcontracdog If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractora/subconsul ants as It is for the acts and ondsskms of people directly employed by It. All subcouti ac orsifsubconsukants, and their agreements, If aged by this AGREEMENT. roust 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 kw (s.119.0701) while provides 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 agencsrs 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 laver; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authored 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 puWis agency all public records in possession of the contractor or keep and maintain publk 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 eontratt; the contractor shall destroy any dup8cate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract. the contractor shall meet all applicable requirements for retaining public records. All records shored electronically must be provided to the public agency, upon request from the public agency's custodian of pubic records. In a format that is compatible with the information technology systems of the pubne agency. IF THE CONTRACTOR HAS QUESTIOM REGARDING THE APPLICATION OF CHAPTER 1899 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROMDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUST'OW N OF PUBLIC RECORDS AT 305-663-6340; E-mail: m nenend=z&outhm1amKLgov; 6830 Sunset ®rive, South Miami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Pas 56 of" Timmu F: Pape 10113=16 ,ao 157 delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. if hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following Individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: slexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: peepe@southmiamifl.gov To CONSULTANT: 42.0 Corporate Authority►: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, In accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ICONL IT - (Print Na & e) A City By:; �y(�,�. By: 7 aria M. Menend&.-Q1fC / City Clerk Page 57 of 66 Thomas F. P"c 1011312016 Steven Alexander City Manager 158 Read and Approved as to Form% lame• Lesk and Execudon thereof EY' Thonm F. Pape, Eaq. CkyAtwrney pap $a of" 161ISM16 142 159 1 South iami tip 111TIA WASMI UVM ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ dPW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. 'Certified Arborists Services" Is defined as: A Certdfied Arborlst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review Includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTANT By: t SR glneering, Inc. Ignado Serralta/Presldent (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: By: Thomas F. Pepe, City Attorney Cljy-ol(South Mlaml By: - teven Alexander, City Manager 0191r1 ATTACHMENT A "COMPENSATION„ PR®FESSO®NAL SERVICE AGREEMENT "Profealwal GemmM Eng[mwing st W Aadetchwd SwWcoes Page 3! of 66 mmam PP"Q 1WIV2016 143 161 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intem $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 $45.00 162 ATTACHMENTS EPRONUBOEL SWICE AGROXE NT "ProfN$lOne1 Cmnwd &Wneeft wW,Ar'chitecbvml SerAte ' 1.010 Nato A. Vftout limiting its liability, the contractor, consultant or consulting firm (hereinafter refereed to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own enpense during the life of the Contract; Insurance of the types and In the minimum amounts stated below as will protect the FIRM, from dab= which may arise out of or result from the contiram or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose aces any of them may be liable. R. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless aut'horhted In writing by the CITY and such authorisation shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorked to sell Insurance In the State of Florida, on forms approved by the State of Rorlda, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or resole from the FIRIls 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 thhwA or by anyone for whose acts any of them may be IW& (a) calms under workers' compensation, dhabllity benefit and odrer similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease. or death of the FIRM's employees; (c) dalms for damages because of bodily Injury. sickness or disease. or death of any person other than the FIRM's employees; (d) claims for damages Insured by usual personal injury liability coverage; (e) claims for damages. other than to the Work itself, because of injury to or destruction of tangible property. including loss of use resulting there from; (f) claims for damges because of bodily Injury. death of a person or property damage arising out of ownership. maintenance or use of a motor vehicle; (g) dalms for bodily Injury or property damage arising out of completed operations; and (h) claims Involving contractual liability Insurance applicable to the RRM's obligations under the Contract. 1.011 Rrm's Insurance Generah The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below.. 1.012 Wg pensation Insurance at the smwtory amount as to all employees In compliance with the "Workers! Compensation Law" of the State of Florida Including Chapter 440. Florida Stawtes. as presently written or hereafter amended, and all applicable federal laws. Pap 60 of 66 Tr om= F. Pao rar=ore 145 i[:19? In addition, the policies must Include: Employers' Liability at the statutory coverage amount. The FIRM shall further Insure that all of Its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Insurance with broad form endorsernem as well as automobile liability, completed operations and products liabilityy, contractual liability, severabiggr of interest with cross liability provision, and personal injury and property damage liability with [units of $1.000.000 combined single limit per occurrence and $2.000,000 aggregate: including ° Personal Injury: $1.000,000; ° Medical Insurance: $5,000 per person; ° Property Damage: $500.000 each occurrence; 1.014 WMft Cornm=W Compmhodn fienwal Lbblift insurance shall be written on a Florida approved form with the same coverage as the primary insurance polky but in the amount of $1.000,000 per claim and $2,000,000 Annual ate. Coverage must be afforded on a corm no more restrictive than the latest edition of the Comprehensive General Uability poky, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Connectors (c) Products and/or Completed Operations Hazard (d) E*oslon, Collapse and UnderV=W Hazard Coverage (e) Broad Form PropvV Damage (f) Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless and/or Ind--inification agreement. (g) Persona! Injury Coverage with Employee and Contractual Exclusions removed, with minimum emits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Autumbile LWft with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limp for Bodily Injury Uabllity and Property Damage Liability. Umbrella coverage must be afforded on a form -no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles, (b) Hired and Non -Owned VdMdes (c) Employes' Dion -Ownership 1.016 SUBCONTRACT& The FIRM agrees that If any part of the Work under the Contract is sublet; the subcontract shag contain the same insurance provision as required by of the Firm, other than the Fire and Bo nded Coverage Insurance and substituting the word Subcontractor for the word FIRM and substiwdng the word FIRM for CITY where applicable. 1.017 Rm and Extended Coverage Insurance (Builders' Riskl IF APPUCABL C. In the event that this contract Involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/AU Risk Insurance on buildings and structures, Including Vandalism & Malicious Mischief coverage, while In the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of" TftM= F. tie IV13=16 146 iI� said bulldbW or structures. The policy or policies shall also cover machinery, If the cost of machinery Is Included in the Contract, or if the machinery Is located in a building that Is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be In the name of the CITY and the Firm, as their Interest may appear, and shall also cover the inwrem of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be dearly not applicable. 1.018 MLweibneoux F. If ahy notice of cancellation of Insurance or change In coverage Is issued by the Insurance company or should any insurance have an mWiration date that will occur during the period of this contract; the FIRM shall be responsible for securing other acre insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the We of this Contract. G. M deducdWes must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM stroll procure a Bond. in a form satisfactory to the CITY covering the same. H. The policies strap contain waiver of subrogahtion against CITY where applicable, shall expressly provide that such pocky or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. AD policies shall corvWn a "severability of inter' or "cross IiabilW' clause without obl'*don for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided In this Agreement, I. Before starring the Work, the FIRM shag deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the Insurance binder, If one Is Issued. the Insurance policy, Including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained The insures shall be rated A VII or better per A.M. Best's Key Rating Guide, latest edition and authorised to Issue insurance In the State of Florida. AD Insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the policy (as defined in Article I of this document) which dW Include the declaration page and all required endorsements. In addition, the FIRM shali'deiiver, at the time of delivery of the Insurance certificate, the following endorsements (3) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury"'. 'property damage'. or "personal and advertising Injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B": F*6aof" Thmm F. ftpe ea1srmh6 147 165 (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 premlum) terminated or materially modified wWwut first giving the City of South Miami ten (10) days advanced written notice of the intent to materially mo ft the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant; to name a few, then in such event and in addition to the above requirements. the FIRM shall also provide Professional Uabitity Insurance on a Ronda approved form In the amount of $ 1,000,000 with deductible per claim If any, not to emceed S% of the limit of liability providing for all sums which the FIRM shag become legally obligated to pay as damages for claims arlsft 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 kmrance shall be nubv fined for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, In the amount and under the germs specified above, which is also acceptable. No insurance shall be issued by a surplus Ones carrier unless authorized In writing by the city at the clty"s sole, absolute and unfettrered discretion. 0ndemnVlczt6on Requirement G. The Firm accepts and voluntarily Incurs all risks of any Injuries, damages, or harm which m%ht arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shag Wemnify, defend, save and hold CITY, its officers, affillates, employees. successors and ass*m harmless from any and all damages, claims, liability, losses, claims, demands, suits, fires, judgments or cost and expenses, IncWding reasonable attolney's fees, paralegal fees and Investigative costs Incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels which may- be suffered by, or awued agalm charged to or recoverable from the City of South Mia mt its ofTrcers, 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 Pee 63 of fib Thous F. Pope 1e112=16 U8 166 oflfcers, affiliates employees, successors and asstgn.% including their attorneys fees, In the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out at or incident to, this Agreement, or Incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither tie CITY nor its officers, affiliates. employees, successors and assigns shall be held liable or responsible for any claims, Including the costs and expenses of defending such trims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of dtdr agents, representatives employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm. CITY In no way assumes or shares responsibility or liability for the acts or orissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami; which approval wlp not be unreasonably withheld. L. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes. none of the provisions set forth herein abode that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages losses, and cosm including, but not limited to, reasonable attorneys' fees, to the eutent caused by the negligence. recl lessness. or intentionally wrongful conduct of the design professional and other persons employed or utilised by the design professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION PNP"of" Tb W= P. Pepe 149 167 5001 SW 74T COURT, SUITE 201, MIAMI, rLDRIOA 33155 TEL: 305-662-8867 FAX: 305-662-8858 WWW.SRS-00RP.00M EB-00007317 October 22, 2020 Mr. Aurelio J. Carmenates, P.E. Capital Improvement Program Project Manager City of South Miami Public Works Engineering & Construction Division 6130 Sunset Drive Miami, FI 33143 Re: City of South Miami SW 62nd Place between SW 68u' Street to SW 60u' Street Roadway and Drainage Improvements Dear Mr. Carmenates, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. SCOPE OF WORK The scope of work for this project is to provide engineering design, preparation of construction documents, plans processing and permitting (City of South Miami and Miami -Dade County Regulatory and Economic Resources (RER)), and provide limited construction phase support services to the City of South Miami forthe construction of roadway and drainage improvements for SW 62'd Place between SW 581 Street and SW 601 Street. The proposed roadway and drainage improvements shall include new drainage systems, regrade grass swales, and roadway milling and resurfacing and restriping within the project limits (see Exhibit "A"). Our Basic Professional Services will consist of • 30% Submittal —This phase will consist of a preliminary design 30% submittal including copies of geotechnical reports, topographical survey, and preparation of base plans, drainage calculations, analysis of the proposed drainage system, and preliminary design layout of proposed roadway plan. Services provided during this phase include the following: ➢ Coordinate and attend meetings with City of South Miami staff and local regulatory agencies including RER to establish design guidelines and permit submittal requirements. ➢ After the initial meeting with City staff, the first step will be to gather all available data concerning the project site and associated design requirements. This task includes conducting a utility search and identification of existing utilities, existing traffic controls, review roadway designs standards, etc. ➢ Contract and coordinate with the Surveyor to obtain survey information required for design. The survey will obtain all topography and right of way information within the limits of our project. October 22, 2020 Page 2 ➢ Contract and coordinate with a geotechnical test lab to prepare geotechnical report with recommendations for design and to conduct soil borings and percolation tests, as required for roadway and drainage design. ➢ Conduct a pre -design field site visit and inspection of existing roadways. This task includes reviewing existing survey information and verifying it with existing field conditions. ➢ Once the survey, geotechnical and utilities information is gathered, the design base maps (existing conditions) are prepared. The base maps will include all topographical and boundary information, road centerline and right of ways, easements, and existing utilities. The base map shall be prepared in AutoCAD format at a scale of 1 inch = 40 feet or as needed. ➢ Conduct a drainage study of project area. Drainage calculation will be prepared. Drainage system shall consist of an interconnected exfiltration trench system with no discharge to the canal or water bodies. ➢ Prepare preliminary design of typical roadway cross section. ➢ Prepare preliminary design of plan sheets. ➢ Preliminary design of drainage systems including drainage structures. ➢ Preparation of preliminary engineer's estimate of probable construction cost. ➢ Submit 30% complete construction documents to City including drainage study report and conceptual design drainage system, calculations, preliminary design of proposed roadway improvements, and copies of topographical survey and geotechnical report. 60% Submittal — will consist of the further development of the design and preparation of construction documents for the project. This work will include the development of detailed design drawings, including cross section sheets, details sheet, title sheet, and general notes. Services provided during this phase include the following: ➢ Progress meeting with City of South Miami staff to review comments from previous submittal and discuss project ➢ Preparation of project title sheet. Y Preparation of general notes sheet. ➢ Preparation of typical cross sections sheet. ➢ Preparation of plan sheets. ➢ Preparation of roadway pavement marking and signage. Preparation of drainage structures section sheets. ➢ Preparation of miscellaneous details sheets. 169 October 22, 2020 Page 3 90% submittal — will consist of the further development of the design and preparation of construction documents for the project. This work will include the preparation of summary of quantities, signage and marking plans, signage and marking quantities, SWPPP, specifications, and engineer's estimate of probable construction cost. Services provided during this phase including the following: ➢ Progress meeting with City of South Miami staff to review comments from previous submittal, obtain copy of current specification front-end documents and current construction items price list from the City, and discuss project. ➢ Preparation of summary of quantities sheet. ➢ Preparation of summary of drainage structures. ➢ Preparation of signage and marking sheet. ➢ Preparation of signage and marking quantities sheet ➢ Preparation of Stormwater Pollution Prevention Plans. ➢ Preparation of project specifications. ➢ Preparation of engineer's estimate of probable construction cost. ➢ Submit 90% complete construction documents to City including, updated drawings prepared in previous phases, summary of quantities sheets, signage and marking sheets, signage and marking quantities sheet, specifications and construction cost estimate. ➢ Submit copies of 90% complete construction documents to City and RER for their review and comments. • 100% Submittal — will consist of the finalizing construction documents for the project. This work will include the finalizing construction drawings, updating specifications and construction cost estimate. Prepare applications and documentation for approval by regulatory agencies. Services provided during this phase include the following: ➢ Progress meeting with City and County staff to review comments from previous submittal and discuss project and permit requirements. ➢ Prepare and process permits applications and documentation for approval. • Prepare the Standard Drainage Permit application, report, drainage calculations and supporting documentation for submittal to the RER for permitting the proposed drainage system. • Prepare drawings for submittal to City of South Miami for review and permitting of the roadway and pavement marking and signage. • Prepare the NPDES Notice of Intent application for submittal to the FDEP for notice of stormwater discharge and approval of the erosion control system. 170 October 22, 2020 Page 4 ➢ Submit 100% complete construction documents including project drawings, technical specifications, and copies of approved project drawings, permit applications and approvals. ➢ Submit copies of 100% complete construction documents and permit applications to City of South Miami and RER for their review and approval. • Bid and Award Phase Services — will consist of pre -construction support services including attending pre -bid meeting, responding to pre -bid request for information, and review of bids. ➢ Attend pre -bid meeting ➢ Provide supplemental information and/or clarification of construction documents to prospective bidders during the bid solicitation process. ➢ Review bid submittals and attend bid -opening meeting. • Construction Phase Services — will consist of limited construction support services including attending pre -construction meeting with City, responding to request for information, and review and approval of shop drawings. Attend pre -construction meeting (1) and prepare minutes for distribution. ➢ Review and process shop drawings. ➢ Respond to Contractor request for information and clarification of contract documents. ➢ Review and recommend Contractor change order requests, if any. Our Additional Professional Services, if requested by you in writing which are not within the scope of this contract and would be negotiated as per our contract agreement with the City of South Miami. • Environmental engineering and permitting associated with site contamination issues, including testing of soil and ground water for contamination. • Design of Street Lighting and Landscaping. • Design of drainage system with discharge to canal or water body. • Design of drainage well systems. • Providing construction observation site visits and inspection services. • Preparation of "As -built' drawings or easement documents. • Additional construction phase services other than those mentioned above. • Other professional engineering services as may be requested by you. October 22, 2020 Page 5 SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outlined above. NELCO Testing and Engineering Services, Inc. (Geotechnical Engineering) Hadonne Corp. (Surveying and Mapping) COMPENSATION Our Engineering Fees for the above described Basic Services will be a lump sum amount of TWENTY- SEVEN THOUSAND SEVEN -HUNDRED TWENTY-FIVE DOLLARS ($27,725.00). Ours fees for Basic Services include the cost of regular expenses. Our fee does not include the permitting, plan review, or other fees. Payment will be based on monthly invoicing as a percentage of completion of work as follows: Surveying, SUE, and Geotechnical..................................................... $ 6,440.00 30% Submittal........................................................................................ $ 5,646.00 60% Submittal........................................................................................ $ 4,479.60 90% Submittal....................................................................................... $ 4,479.50 100% Submittal..................................................................................... $ 3,190.00 Bid and Award Phase Services............................................................ $1,100.00 Construction Phase Services.............................................................. $1,890.00 Reimbursable Expenses.......................................................................... $600.00 Totalfee................................................................................................ $ 27,725.00 We would expect to commence our services promptly after receipt of your acceptance of this proposal. This Proposal and our standard contract agreement with the City represents the entire understanding between City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be modified in writing when signed by both of us. If it satisfactorily sets forth your understanding of our agreement, we would appreciate you signing both copies of this Proposal and returning one (1) copy to us, retaining a copy for your files. Very truly fours, Accepted this day of 2020 JL-::� P.E. s 62nd pace 1621-20=.d Title ENGINEERING COST BREAKDOWN City of South Miami SW 62nd Place Roadway and Drainage Improvements DATE: 10232020 ACTIVITY BY SRS PRINCIPAL SR. PROJ, NOR SR. ENGINEER ENGINEER CAD TECH CLERICAL TOTAL TOTAL HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HOURS COST ROADWAY DESIGN $180.00 $150.00 $125A0 $90.D0 $65.00 S45.00 PROJECT MANAGEMENT & COORDINATION 4 $180.00 4 $150.00 $12500 $90.00 $6500 3 S4 w 11 $1455.00 FIELD INVESTIGATIONS $180.00 2 $150.00 2 S125.0D $90.00 S6500 $45.00 4 $550.00 CONDUCT UTILITY SEARCH $180.00 1 $150.00 S125.00 $90.00 4 S65.00 $45.00 5 $410.00 PREPARATION OF BASE PLANS $180.00 $150.00 2 $125.00 $90.00 8 $65.00 $46.00 10 $770.00 PREPARE DRAINAGE REPORT & CALCULATIONS $180.D0 1 $150.00 4 $125.00 $9D00 2 565.00 $45.00 7 $780.00 TYP. CROSS SECTIONS $18000 $150.00 $125.00 4 $9D.D0 $65.00 $4B00 4 $360.00 PAVING AND DRAINAGE PLAN 5180.00 I t 1 $150.00 1$125.00 8 S90D0 16 S65.00 S45.00 25 $1,910.00 DRAINAGE STRUCTURE PROFILES $180.00 $150.00 4 $126.00 $90.00 2 $65.00 S45.0D 6 $630.00 SUM. OF QUANTITIES/STORM DRAINAGE TABLE S180.00 $160.00 $125.00 4 $90.00 $65,00 S45.00 4 $360.00 PAVEMENT MARKING AND SIGNAGE $180.00 1 $150D0 $125.00 2 $90.00 8 $65.00 $45.00 11 $850.00 SWPPP $180.00 $150.00 $125.D0 4 $90.00 4 $65.00 S45.00 8 S620.00 GEN. NOTES AND MISC. DETAILS $18090 1 $150.00 4 $125.00 $90.00 B $65.00 S45.D0 13 $1170,W PREPARE CONSTRUCTION COST ESTIMATES $180.D0 1 $150.00 4 $125.00 $90.00 $65.00 $45.00 5 $650.00 PREPARE TECHNICAL SPECIFICATIONS $180.00 1 $150.00 B $125.00 $90.00 $65.00 S45.00 9 $1,150.00 PREPARE 30% DESIGN PLAN SUBMITTAL $1 B0.00 4 $150.00 2 $125.00 $90.00 2 $65.00 $45.D0 8 $980.00 PREPARE 60% DESIGN PLAN SUBMITTAL $180.00 4 $150.0D 2 $125.00 $90.00 2 S65.00 $45.00 8 $9W.00 PREPARE 90% DESIGN PLAN SUBMITTAL $180.00 4 $150.00 2 $125.00 SMOD 2 S65.00 S45.00 8 59w.w SUBMIT TO FIER OF REVIEW AND COMMENTS 2 $180.00 4 $150.00 8 1 $125.00 $90.w S65.00 S45.0D 14 $1950.00 PREPARE 1W% DESIGN PLAN SUBMITTAL $180.00 4 $150.W 4 $125.00 $90.00 2 $65.00 $45.00 10 $1,230.00 BID PHASE SERVICES $180.00 4 $150.00 4 $125.00 S90.D0 S65.00 345.00 8 $1, 100.00 CONSTRUCTION PHASE SERVICES $180.00 4 $15D00 6 $125.01) 1 6 $90.00 $65.00 $45.00 16 $1,89090 TOTAL 6 $180.00 41 $150.00 56 IS125,00 1 28 1 $9000 60 56500 3 S45.00 194 $20,78S.00 ACTIVITY BY OTHERS DESCRIPTION COST Hatlanne CO . Tapagmphicel Survey $4. c90.00 Nelm TesbW a Engmftmg Services Geoted iml RepartaW Test $1750.00 TOTAL $6,440.00 ACTIVITIES BY SRS(Salaries) S20785 X 100 $20,785,00 ACTIVITIES BY OTHERS $6,440.D0 Esumele0 OUT OF POCKET EXPENSES 4KNtlig rep dMion ecete etc S50000 TOTAL THIS PROPOSAL = $27,725.00 173 aHADONNE Land Surveyors and Mappers Land Development Consultants Subsurface Utility Designates PROPOSALIAGREEMENT Wednesday, October 14, 2020 SENT VIA: ignacio@srs-corp.com Submitted to: Ignacio Serralta, P.E. SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 In reference to: Surveying Services for the project known as "South Miami 62"d Place Drainage Improvements" located in the City of South Miami, FL. Dear Mr. Rodriguez: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (HC) is pleased to submit the following proposal for your consideration: Scope,of Services: Topographic Survey of the area outlined in the attached Exhibit "A" 1) Perform a Topographic Survey and Property lines and/or Right of Way location 2) Take elevations cross sections at 25-foot intervals 3) Collect all above ground visible features within the Survey area (tree, wa-ks, driveways, mailboxes, signs, MH, CB, valves, etc.) 4) Co--lect all inlet inverts information 5) Provide Land XML Files with all survey pints, 3D and Baseline database. 6) Provide the most recent available aerial photos 7) Al- survey work is to be completed as per Miami Dade Water and Sewer Department Survey Standards Deliverables: Five signed and sealed copies of the resulting Map of Topographic Survey along with the resulting CAD (DWG format), LandXML and PDF files. Time of Completion: We have estimated two calendar weeks three weeks for the final submittal Schedule of Fees: to submit a preliminary survey and of the Topographic Survey. 3 Man Survey Crew 20 Hours @ Surveyor / Mapper 2 Hours @ Survey Technician 6 Hours @ CADD Technician 20 Hours @ Principal 2 Hours @ Total $125.00 Per Day $2,500.00 $ 85.00 Per Hour $ 170.00 $ 60.00 Per Hour $ 360.00 $ 65.00 Per Hour $1,300.00 $180.00 Per Hour $ 360.00 Professional Fee: $4,690.00 HADONNE 11985 NW 88' Court • Suite 101 • Donal, FL. 33172 • P: +1(305) 266-1188 • F: +1(305) 207-6845 • www.hadonne.com • LB7097 113 174 PROP TOPO SW62PL 10-13-2020.DOCX Qualifications: County and / or Municipality Fees are not included in this Proposal and are the Client's responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Standards of Practice for Land Surveying in the State of Florida", pursuant to Rule SJ17- 05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2020. Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate all conditions that may interfere with HC's ability to furnish services, and weather conditions. HC will require a 48-hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to HC. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at +1(305) 266-1188. ident HADONNE 11985 NW 88" Court • Suite 101 • Doral, FL. 33172 • P: +1(305) 266-1188 • F: +1(305) 207-6845 • www.hadonne.com • LB7097 213 175 H H H a A cE N o E $ ;_' FL LL N m N I � M r I N m Iz z z 0 0 a x enTq( WIF�__Fu �5 TESTING Fi ENGINEERING SERVICES. INC. Letter of Proposal October 14d', 2020 SRS Engineering, Inc. 5001 SW 74" Court, Suite 201 Miami, Florida 33155 Attention: Ignacio Setralta, P.E. Reference: Proposed South Miami Drainage Improvements SW 62nd Place, between SW 581b St & SW 60tb St South Miami, Florida 33143 Thank you for requesting a proposal for our services at the above referenced project. We hereby propose to perform the following: 2 Standard Penetration Test Boring (10 feet deep) @$100.00 each----------------------- $ 200.00 2 Percolation Test (per SFWMD - 15 feet deep) @ $300.00 each -------------------- —------- $ 600.00 Asphalt & Base Core Sampling & Thickness (Including sampling, asphalt & base thickness measurement, and restorations) 1 Core @$100.00 each---------------------------------------------------------------$ 100.00 Boring/Percolation Test -Hole Restorations (total 30' @$5.00/foot)--------------- —------ -- $ 150.00 Geotechnical Report with Roadway/Layered Asphalt Recommendations ------ ------------ $ 350.00 Public Utility Location/Layout Coordination -------- —---- ---------------------------- —-------- S 150.00 Drill Rig/Equipment /Personnel Mobilization----------------------------------------------------- $ 200.00 (Standard fee of $ 200.00 per day/per trip) Total Amount-------- -------------------$ 1,750.00 Please note site is to be accessible for entry & performance of work. Any clearing necessary is to be performed by others. This proposal is based on site being accessible with truck -mounted drilling equipment. - Net Pay: 30 Days NOTE: Conducting the above referenced tests involves driving a heavy truck -mounted drill rig or the mobilization of other heavy drilling equipment (i.e. tri-pod) into the property, and drilling holes into the ground We gill not assume responsibilityfordamage to privately invited underground utilities (such as sprinklers, street lighting, ea.), septic tanks or other underground structures which may result from drilling activities or mobilization of drilling equipment if not identified prior to mobilization to the site. We Wit also not be responsible to damage of lamvn or soft ground which may result from the use or movement oflhis equipment on the property. The information contained in this document is intended to be used as a proposal ofprojecl specific fees as requested, based on information given and imendedfor the explicit use ofthe client. It shall remain confidential— disclosure ofany kind to thirdpartiesfor any purpose is strictly forbidden. Nelco Testing and Engineering Services, Inc. is pleased to assist you with this project. If you have any questions or need further assistance, please call us at (305) 259-9779. Respectfully Submitted, Nelco Testing and Engineering Services, Inc. Ulysfes Batista, Executive V.P. ACCEPTANCE OF PROPOSAL Signature Date 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 Certified DBE, CBE, and SBE with Miami -Dade, and MBE (State of Florida) 177 www.NelcoTesting.com // Nelcol(a),bellsouth.net L arid; a N q �O p