Res No 174-20-15614RESOLUTION NO.:174-20-15614
A Resolution authorizing the City Manager to execute a professional service work order to SRS
Engineering Inc., for landscape improvements to the median along SW 84th Street between SW
57th Avenue and SW 59th Avenue.
WHEREAS, the City Mayor and Commission wish to improve the median landscape along SW 841h Street
between SW 571h Avenue and SW 591h Avenue; 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
287.055, "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 $9,970 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., for landscape improvements to the median along SW 84th Street
between SW 57th Avenue and SW 59th Avenue for a total amount not to exceed $9,970.
WHEREAS, the expenditure shall be charged to the to the People's Transportation Tax Fund Account
number 124-1730-541-6490 with a balance of $ 715,000 before this request was made.
NOW THEREFORE, 8E IT RESOLVED 8Y 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 for landscape improvements to the median along SW
84th Street between SW 57th Avenue and SW 59th Avenue for an amount not to exceed $9,970. The expenditure
is to be charged to the People's Transportation Fund Account number 124-1730-541-6490 with a balance of $
715,000 before this request was made.
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.
Section 5: Effective Date: This resolution shall become effective immediately upon adoption.
Page 1 of 2
Res No. 174-20-15614
PASSED AND ADOPTED this 151" day of December, 2020.
ATTEST: APPROVED: `
CITY CLERK MAYOR d
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AN XECUTION
THEREO. �,�
CITY TTORNEY
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 Item No:1.
City Commission Agenda Item Report
Meeting Date: December 15, 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 landscape improvements to the median along SW 84th Street between SW 57th Avenue and SW 59th
Avenue. 3/5 (City Manager -Public Works & Engineering)
Suggested Action:
Attachments:
Memo Landscape Improv SW 84th ST (Flnal).docx
Reso Landscape Improv SW 84th ST (Final).docx
Res No 060-17-14861.pdf
SRS Professional Service Agreement.pdf
SW 84th Street Landscaping Improvements 11-25-20.con.pdf
Souithkiami
THE • ITY 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: December 15, 2020
SUBJECT: A Resolution authorizing the City Manager to execute a professional service work order
to SRS Engineering Inc., for landscape improvements to the median along SW 84" Street
between SW 57" Avenue and SW 59th Avenue.
BACKGROUND: The media along SW 841h Street between SW 57" Avenue and SW 591h Avenue contains
invasive bottle brush trees that are not consistent with existing Poinciana trees. To
provide a landscape theme the bottle brush will be replaced with Poinciana trees and
groundcover will be added under the existing Poinciana trees. SRS Engineering Inc., will
utilize a completed existing survey to develop a complete set of landscape design plans
and specifications, prepare estimate of cost, permit process and oversee the of the
planting activities.
As the next Citys rotation list consultant, SRS Engineering Inc., was requested to
provide a proposal for landscape improvements. On November 25, 2020, SRS
Engineering Inc., submitted a revised proposal for landscape 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 notto exceed $ 9,970. Please referto the consultant contract and fee schedule.
FUND&ACCOUNT: The expenditure shall be charged $9,970to the to the People's Transportation Tax Trust
Fund Account number 124-1730-541-6490 with a balance of $ 715,000 before this
request was made.
ATTACHMENTS: Resolution
Resolution #060-17-14861
Professional Service Agreement
SRS Engineering Inc., proposal dated November 25, 2020
RESOLUTION NO: 0 6 0- T: 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:
- &-a-kAA
2CITY CLERK MAY R
COMMISSION VOTE: 5-0
N 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
SoutTeU ►lami 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.:
_0
SUBJECT: A Resolution authorizing the City Manager to enter Into a multi -year contract with EAC
Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general
engineering services on an as needed basis.
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:
Evaluator
Calvin
Corradino
EAC
Marlin
Ri
SRS
Stantec
TY
Giordano
Group
Consulting
Engineering
Behar
Eng.
LIN
Shari
Kamali
92
99
96
100
96
97
98
100
Grizel
Martinez
91
91
96
95
9S
97
90
96
Jane
Tompkins
85
70
90
90
80
8S
90
75
TOTAL 268 254 282 28S 271 279 278 271
RANK 7 8 5 3 4 5
CITY OF SOUTH MIAW
• OFFICE OF THE 'T MANAGER
S70M amp INTER -OFFICE MEMORANDUM
cut
THE CITY OF PLEASANT LIVING
t
In accordance with the Scope of Services in the RFQ and Florida Statute 287.055,
"Consultants Competitive Negotiation Act," and, In order to fulfill the City's needs and
meet the requirements for quick response and specialized services, the City intends to
retain a maximum of four (4) qualified firms under four (4) separate but similar
agreements.
VENDORS &
PROPOSALAmouNT:
Consultant fee schedules to be negotiated.
FUND &
Accomr..
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 -Biz Report
11 i
r
s. • A
CamC... _
�l'F!ai!Nrn+
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." All 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 Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the
following webpage: httpJlwww.southmiamifl.govi 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 I of 66
i
9�
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, 01 33143 on
November IS, 2016 at 2:00 PM. The conferente 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 I.
END OF SECTION
Page 3 of 66
Thomas F. Pepe
10/13/2016
11
SCHEDULE OF EVENTS
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
No
Event
Date*
Time'
(EST)
I
Advertisement/.Distribution of Solicitation & Cone of
Silence begins
10/26/2016
2:00 PM
2.
Non_Mandatod Pre-RFQ Meeting
.11115/2016
2:00 PM
3
Deadline to Submit Questions
11 /21/2016
10:00 AM
4
Deadline to City Responses to Questions
1 1 /29/2016
1.0:00 AM
5
Qeadiine 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.
I. 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
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 skulick@southmiamifl.gov or via facsimile at (305).66-3-6346.
9. The issuance of a written addendum is the only official method whereby interpretation
and/or clarification of information can be given. Interpretations or clarifications, considered
necessary' by the City in response to such questions, shall be issued by a written addendum
to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or
other delivery method convenient to the City and the City will notify all prospective firms
via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect No plea by a
Respondent of ignorance or the need for additional information shall exempt a Respondent
from submitting the Proposal on the required date and time as set forth in the public notice.
11. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to
the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and
99-1. From the time of advertising until the City Manager issues his recommendation, there
is -a prohibition on verbal communication with the - City's professional staff, including the
City Manager and his staff. All written communication must comply with the requirements
of the Cone of Silence. The Cone of Silence does not apply to verbal communications at
pre -proposal conferences, verbal presentations before evaluation committees, contract
discussions during any duly noticed public meeting, public presentations made to the City
Commission during any duly notice public meeting, contract negotiations with the staff
following the City Manager's written recommendation for the award of the contract, or
communications in writing at any time with any City employee, official or member of the
City. Commission unless specifically prohibited. A copy of all written communications must
be contemporaneously filed with the City Manager and City Clerk. In addition, you are
required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not
attached, please request a copy from the City's Procurement Division.
Page 6 of 66
Thomas F. Pepe
1011312016
i
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
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,
important that all the parts of the Request for Qualification be completed in all.
respects.
e) to negotiate modifications to the Proposal that it• deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract
.to be insufficient and to proceed to negotiate with the Respondent who made the
next best Proposal. The City reserves the right to proceed in this manner until it
has negotiated.a contract that is satisfactory to the City.
g) To 'modify the Contract Documents. The terms of the Contract Documents are
general and not necessarily specific to the Solicitation.. It is therefore anticipated
that the City may modify these documents to fit the specific- project or work in
question and the Respondent, by making a Proposal, agrees to such modifications
and to be bound by such modified documents.
h) to cancel, in. whole or part, any invitation for Proposals, when it is in the best
interest of the City.
i) to award the Project to the person with the lowest, most responsive, responsible
Proposal, as determined by the City. .
j) to award the Project, and execute a contract with a Respondent or Respondents,
other than to one who provided the lowest Proposal Price.
k) if the Scope of the Work is -divided into distinct subdivisions, to award each
subdivision to a separate Respondent
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, sub -contractor, supplier, sub -consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of
South Miami for a' period of 36 months from the date of being placed on the convicted
vendor list
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and
corrections must have the initials of the Respondent's authorized representative in blue ink
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/or specifications for such
item(s). The City shall be the sole judge concerning the merits of items proposed as
equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal
Form. In 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
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Miami reserves . the right to accept any such alteration, including any price
adjustments occasioned thereby, or to cancel all or any portion of the Contract, at
the sole discretion of the City and at no further expense -.to the City with thirty (30)
days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal
shall be firm for a period of one hundred eighty (180) calendar days from the date of
the Proposal opening unless otherwise stated in the Proposal Form. 'Incomplete,
unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall
be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the products) to be supplied to
the City conform in all respects to the standards set forth in the Occupational Safety
and Health Act (OSHA) acid 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 Aamages 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
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proposal and at the City's sole and absolute discretion, the City may treat the Respondent's
signature on any. of those documents, for all purposes, including the enforcement of all of
the terms and conditions of the contract, as the Respondent's signature on the contract,
after the appropriate information has been inserted.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the
facilities of any or all Respondents to determine its capability to meet the requirements of
the Contract. In addition, the price, responsibility and responsiveness of the Respondent,
the financial position, experience, staffing, equipment, materials, references, and past history
of service to the City and/or with other units of state, and/or local governments in Florida,
or comparable private entities, will be taken into consideration in the Award of the
Contract
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section
287.087, as amended, when requested shall be cause Jor 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.
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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.
30.4. 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 Bond/Security
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
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make the necessary examinations or investigations, or failure to complete any part of the
RFQ Package, will be accepted at basis for varying the requirements of the Contract with
the City of South Miami or the compensation of the Respondent. The Respondent,
following receipt of a survey of the property, if applicable, is bound by knowledge that can
be seen or surmised from the survey and will not be entitled to any change order- due to
any such condition.. If the survey is provided before the proposal is submitted, the contract
price shall include the Work necessitated by those conditions. If the survey is provided
subsequent to the submission of the proposal, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have
the right to reject the proposal and award the contract to the second most responsive,
responsible bidder with the lowest price or to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the
Work to be performed under the Contract to be awarded. Delays and extensions of time
may be allowed only in accordance with the provisions stated in the appropriate section of
the Contract Documents, including the Proposal Form. No change orders shall be allowed
for delays caused by the City, other than for extensions of time to complete the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein
and shall be in accordance with EXHIBIT 1, "Scope of Services" and Exhibit #2
"Supplemental Instructions and Proposal Format for Respondents" which is a part of
this RFQ Package.
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any
Request for Qualification when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors
or sub consultants in its purchase of materials or in any way in the performance of its
contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual
orientation, disability, or familial status.
37.. All respondents, at the time of bid opening, must have fulfilled all prior obligations and
commitments to the City in order to have their bid considered, including all financial
obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance
Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or
other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A
bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent
Debtors owed to the city are paid in full. No bidder who is in default of any prior contract
with the City may have their bid considered until the default is cured to the satisfaction of
the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 7
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the
evaluation criteria is attached as EXHIBITS.
END OF SECTION
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PROPOSAL SUBMITTAL CHECKLIST FORM
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
I
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: j
One (1) original unbound proposal, five (5) additional copies, 3-ring
X binders are not permitted, and one (1) digital (or comparable
medium including Flash Drive, DVD or CD) copy
Supplemental Instructions and Submittal Format for Respondents,
X EXHIBIT 2
X Indemnification and Insurance Documents EXHIBIT 4
X Signed Contract Documents, Professional Services Agreement,
EXHIBIT 6
X Respondents Qualification Statement
X List of Proposed Sub Consultants/Subcontractors and Principal
Suppliers
X Non -Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
END OF SECTION
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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 5 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:
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3. Current workload
Project Name Owner Name Telephone Number Contract Price
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 project personnel, including on -site Superintendent.
S. 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
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Name of Agency:
-Address.-
Telephone No.:
Contact Person•
Type of Project:
Name of Agency:
Address:
Telephone No.:.
Contact Person:
Type of Project:
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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 project if they are awarded the Contract:.
Classificationc
Email
General Engitleering
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
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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
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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 i
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
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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 off cer, 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 Statutes, means 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
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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, or
material misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)
(b), Florida Statutes, means 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 polo- contendere.
4. I- understand that *an "affiliate" as defined in Paragraph 287.133 (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 arms -length agreement, shall
be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted. of a
public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida
Statutes, means any natural person or entity organized under the laws of any state or of
the United States with the legal power to enter into a binding contract and which bids
or proposal or .applies to bid or proposal on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting' this sworn statement. [Indicate which statement
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 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
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active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or -an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I, 1989. However, there has
been a subsequent 'proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR .THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH
DECEMBER 31 OF..THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this day of
,20
Personally known
OR Produced identification Notary Public — State of
My commission expires
(Type of identification)
(Printed, typed or Stamped commissioned
Name of notary public
Form PUR 7068 (Rev.06/ 1 1 /92)
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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 be Bids or Proposals shall be followed if none
of the tied vendors have a drug -free workplace program. In order to have a drug -free
workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture,
distribution,. dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that shall be taken against
employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual
services that are under Bid 'a copy of the statement specified in Subsection *(1).
4) In the statement specified in Subsection (1), notify the employees, that, as a
condition -of working of the commodities or contractual services that are under
Bid, he employee shall abide by the terms of the statement and shall notify the
employee of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or. of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five (5)
business days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program, if such is available in the employee's
community, by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
RESPONDENT's Signature:
Print Name:
Date:
Page 24 of 66
Thomas F. Pepe
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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 NIA
(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 2S of 66
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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 Aespondent's-.name Does appear on one or all the "Listings" summarized below,
Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be
accessed through the following link to the Florida Department of Management Services website:
http://www.dms.myflorida.com/business operations/state ourchasing/vendor informati
uo/convicted_suspended discriminatory_ complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as.the "Declarant") state, under
penalty of periury, that the following statements are true and correct:
(1) 1 represent the Respondent whose name is
(2) 1 have the following relationship with the Respondent (Owner
(if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if
Respondent is a partnership), General Partner* (if Respondent is a Limited Partnership) or
Managing Member (if Respondent is a Limited Liability Company).
(3) 1 have reviewed the Florida Department of Management Services website at the
following URL address:
httpJ/www.dms.myflorida.com/business_operations/state_purchasingtvendor_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
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34
I
1
ACKNOWLEDGEMENT j
STATE OF. FLORIDA ) i
COUNTY OF MIAMI-DADE ) I
On this the day of 20 before me, the undersigned '
authority, personally appeared who - is I
personally know to me or who provided the following identification and
who took an oath or affirmed that that he/shelthey 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
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35
RELATED PARTY TRANSACTION VERIFICATION FORM
individually and on behalf of
"Firm") have Name of . Representative
GompanyNendorlEntity 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 r;elative(s), as defined in section 8A-I, who is an
employee of the City or who is(are) an appointed or elected official of the City, or who is(are)
a member of any public body created by the City Commission, i.e., a board or committee of the
City, [while the ethics code still applies, if the person executing this form is doing so on behalf
of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely
on the signatory's personal knowledge and he/she is not is
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
10/13/2016
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 Registration\12.28.12
RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate
family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage
to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any
board or agency of the City other. than as follows:
(if necessary, use a separate sheet
to supply additional information that will not fit on this line; however, you must make
reference, on the above line, to the additional sheet and the additional sheet must be signed
under oath). [while the ethics code still applies, if the person executing this form is doing so on
behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an
independent investigation as to the relationship by blood or marriage of employees, officers, or
directors of the Firm, or of any of their immediate family to any appointed or elected officials of
the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a
financial interest greater than 5% in that Other Firm, nor any member of those persons'
immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate
family members (hereinafter referred to as "Related Parties") has responded to a solicitation by
Page 29 of 66
Thomas F. Pepe
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37
the City in which I or the Firm that I 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
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4-01
Sec. 8A-1. - 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:
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Thomas F. Pepe
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(1) The payment of taxes, special assessments or fees for services provided by the city
government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city
through -underwriters or directly from time to time.
Waiver of 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)7he 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, employppe, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter
would affect the person defined in paragraph (b)(1) *in a manner distinct from the manner in
which it would affect the public generally. Any person included in 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:
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Thomas F. Pepe
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a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf
of a third party to the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of
an advertising nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) . shall neither solicit nor
demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any
person included in the terms defined in paragraphs (b)(1) through (6), or for any person
included in the terms defined, in paragraphs (b)(1) through (6) to accept or agree to accept
from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or
failure to rake 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
(i) Con f acting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other
employment which would impair independence of judgment in the performance of any public
dudes.
(j) Prohibition on outside employment.
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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 1-11 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.
(1) No person included in the terms defined in 'paragraphs (b)(1), (5) and (6) shall. appear before
any city board or agency and make a presentation on behalf of a third person with respect to
any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or
other benefit sought by the third person. Nor shall the person receive any compensation or
gift, directly or indirectly, for services rendered to a third person, who has applied for or is
seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before -any
administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city
or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before
the city commission or agency on which the person serves, either directly or through an
associate, and make a presentation on behalf of a third person with respect to any matter,
license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit
sought by the third person. Nor shall such person receive any compensation or gift, directly or
indirectly, for services rendered to a third party who has applied for or is seeking some benefit
from the city commission or agency on which the person serves in connection with the
particular benefit sought by the third party. Nor shall the person appear in any court or before
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any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from
the city commission or agency on which such person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in
any official action directly or indirectly affecting a business in which that person or any member
of the immediate family has a financial interest. A financial interest is defined in this subsection
to include, .but not be limited to, any direct or indirect interest in any investment, equity, or
debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a
financial interest in a project, business entity or property at a time when the person -believes or
has reason to believe that the financial interest may be directly affected by 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
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43 '
through decision, approval, disapproval, recommendadoin, 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 SA-2(p). .
(t) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (0)(1) 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 applicabilityof the ordinance that person, may submit to the city attorney a
full written -statement of the facts and questions. The city attorney shall then render an opinion
to such- person and shall publish these opinions without use of the name of the person advised
unless the person permits the use of a name.
(Ord. No: 6-99 1680, § 2, 3-2-99)
Editor's note- Ord: No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their
entirety and replaced them with new §§
8A-1 and 8A-2. Former §§ 8A- l and 8A-2 pertained to declaration of policy and definitions,
respectively, and derived from Ord. No. 634, §§ I (I A-1), 1 (1 A-2) adopted Jan.11, 1969.
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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
Thomas F. Pepe
10/1312016
Print name of entity being represented
END OF SECTION
Page 37 of 66
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, civil/site planning, water and sewer,
environmental assessments and engineering, architectural design, landscaping design,
value engineering, construction management, and project management. From time to
time, consultants may be asked to assist the City in project coordination meetings with
other municipalities, regulatory agencies, and developers, local and state governments.
The categories required generally include, but are not limited to the following;
• Traffic and Transportation Engineering
Includes field data collection and analysis for the preparation of traffic studies including,
but not limited to: Intersection and roadway capacity analysis; signal warrant studies;
signal timing analysis and design; traffic circulation studies; traffic calming studies; trip
generation; forecasting and assignment; as well as pavement markings and signing.
Consultant shall review plans, including privately prepared traffic impact analyses,
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46.
vehicular circulation plans, and valet parking plans, for private development projects for
compliance with the City's Land Development Code and industry best practices.
Consultant will attend meetings with City staff and make presentations to the City
Commission and appointed boards, as required.
• Roadway, Drainage, and General Engineering Design
Includes roadway design and drainage analysis needed to prepare a complete set of
roadway construction plans including drainage calculations. and design, traffic control,
maintenance of traffic, street lighting, permits applications and processing, as well as
technical specifications, bid documents and tabulations. It will also include site plan
development and grading plans.
• Water and Wastewater Design
Includes the preparation of plans and specifications for water distribution plans, sanitary
.sewer plans for gravity mains and force mains, and sanitary sewer pump stations. The
design will follow the Miami Dade County Water and Sewer Department criteria and
specifications for donation projects, as required by the City.
• Structural (building and misc. components)
Includes the design, calculations and analysis needed to prepare a complete set of
construction documents for misc. structures, retaining wall, culverts, building structures,
as needed including foundation designs.
• Environmental Engineering
Includes field data. collection, site investigations, environmental assessments and design
as needed to prepare remediation plans for underground storage tanks, hazardous
waste materials, asbestos removal, wetland mitigations, endangered species evaluations
and permit applications.
• Architectural Services
Includes the architectural and engineering reviews necessary to confirm plans prepared
by individuals or consultants 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.
Provides recommendation of approval to the City's Public Works Director or Planning
Director and the Building Official charged with issuing permits. Consultant will attend
meetings with City staff and make presentations to the City Commission and appointed
boards, as required.
• Landscape Architecture Services
Preparation of landscape plans (conceptual through final drawings and specifications)
including tree selection, tree identification and biology, growth characteristics and
requirements (water, soil, nutrition), installation and establishment, as well as pruning
and maintenance recommendations. The consultant shall review plans for private
development projects for compatibility with the City's Land Development code and
industry best practices. Consultant will attend meetings with City staff and make
presentations to the City Commission and appointed boards, as required.
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• Certified Arborist Services
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's Land Development Code. The review includes the initial site inspection followed
up by the determination of mitigation and a final inspection. When needed, assist City
Departments with other issues related to the maintenance, preservation, and protection
of trees on both private and public property.
• Surveying and Mapping (miscellaneous survey's needs)
• Geotechnical Engineering (Field exploration and laboratory testing, soil borings for
Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test,
engineering evaluation and reporting)
• Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including
street and recreational facilities lighting design, air conditioning systems, fire protection)
• Construction Management and Construction Engineering Inspection
Services (CEI)'
Includes engineering services necessary for the ' analysis of construction schedules,
construction delay claims, change orders, preparation of progress and final payment
estimates, contract correspondence, preparation of minutes for various meetings and
public information programs. It will include also detailed inspections during the
construction process.. certification of pre -manufactured materials, testing of materials,
monitoring conformance to construction plans and specifications, review and approval
of shop drawings, review and recommend..progress payments, preparation of progress
reports.
All 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 Florida
Department of Transportation, Miami -Dade County Public Works Department, Miami- Dade
County Department of Environmental Resources Management and Miami -Dade County Water
and Sewer Department, the State of Florida Department of Health, the State of Florida
Department of Environmental Protection and the South Florida Water Management District as
well as applicable Building codes. Consultants should also be familiar with the applicable
ordinances of the City of South Miami. The City understands that not all of the interested firms
.provide services for all of the different disciplines mentioned; therefore, the City will consider
joint ventures.
END OF SECTION
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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 ajoint 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. Leiter 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 firms)/individual(s) who will provide
the services.
4. The submission should include:
A. Proposal Package and Labeling/Marking Requirements:
All submissions shall consist of one (1) unbound original and five (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 a Table of Contents. The original
and all copies shall be clearly marked accordingly as "original" or "copy." The
digital copy and the five (5) copies must be exact duplicates of the original
submission.
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FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL
• BEING DESIGNATED NON -RESPONSIVE.
B. Title 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.
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, officers; 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 (S) years. The
description should identify for each project (1) the client, (2)
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description of work, (3) total dollar value of the contract, (4) contract
duration, (5) customer contact person and phone number of
reference, (6) statement or notation of whether Respondent is/was
the prime Consultant or subcontractor or sub -consultant, and (7) the
results of the project.
4. Organization Chart:
a. Provide an organization chart showing all key individuals (including the
Project/Client Manager) assigned to their area of responsibility,
including their company, title, years of experience and years
employed in current 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 #9000-0157 and
Expires 1 1130/2017, in support of the services requested by this
RFQ. SF 330 can be downloaded from:
httl2://www.gsa.gov/Rortal/f`orms/download/1 16486
➢ For joint venture teams:
- Prime shall submit Section A, B, C and D of SF 330 Part I on behalf
of joint venture team.
- Information for both Prime and Sub -consultants shall be submitted
in sections E, F, G and H of SF 330 Part I
- Both Prime and Sub -consultants shall submit Part II of S.F. 330
Note: Confidential and Proprietary Information. Trade secrets or proprietary.
information submitted by Respondents in connection with this pre -qualification process
may be subject to the disclosure under Chapter 119, F.S., unless such information is
specifically exempted or categorized as confidential in. that Chapter or another section
of the Florida Statutes. However, respondents must invoke the protections of any such
section(s) within 24 hours of notice that a public records request for such information
has been made and if Respondent invokes an alleged right to an exemption or declares
the information to be confidential, Respondent shall provide written justification
including a citation to the specific statutory authority relied upon and the reasons why it
applies to the records being requested. Failure to abide by this procedure may result in
disclosure of the Respondent's information and Respondent agrees that the City shall
not be liable to Respondent for disclosure under such circumstances. Furthermore, if a
Respondent objects to production of the documents, Respondent agrees to indemnify
and hold the City harmless from any and all costs and expense incurred by the City,
including City's attorney fees, in defending an action filed to obtain said records, as well
as any damage award against the City, including the attorney fees of any of the parties in
such suit and appeal.
END OF SECTION
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EXHIBIT#3 - .
CITY'S.COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE
"Professional General Engineering and Architectural Services"
RFQ #PW2016.22
Note: The CiWs 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:
http://www.southmiamifl.gov/index.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
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EXHIBIT #4
INSURANCE & INDEMNIFICATION REQUIREMENTS
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
INSURANCE & INDEMNIFICATION REQUIREMENTS
1.01 Insurance
K 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
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440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
In addition, the policies must include: Employers' Liability at the statutory coverage
amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels
of Workers 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
1.07- 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,
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B.
1.09
B.
C.
additions, attachments and all permanent fixtures belonging to and constituting a part of
said buildings or structures. The policy or policies shall also cover machinery, if the cost
of machinery is included in the Contract, or if the machinery is located in a building that
is being renovated by reason of this contract. The amount of insurance must, at all
times, be at least equal to the replacement and actual cash value of the insured
property. The policy shall be in the name of the CITY and the Firm, as their interest
may appear, and shall also cover the interests of all Subcontractors performing Work
All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverage unless it would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
The policies shall 'contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering.the FIRM'S duty to indemnify the City
as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the insurance
agent or broker through whom the policy was obtained. The insurer shall be rated
A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms
approved by the State of Florida and they must remain in full force and effect for the
duration of the contract period with the CITY. The FIRM may be required by the CITY,
at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I
of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
insurance certificate, the following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as
follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums
that the City of South Miami becomes legally obligated to pay as damages
because of 'bodily injury", 'property damage' , or "personal and advertising
injury" and it will provide to the City all of the coverage that is typically provided
under the standard Florida approved forms for commercial general liability
coverage A and coverage B",
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(2) a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
E. If the. FIRM is providing professional services, such as would be provided by an
architect, engineer, attorney, or accountant, to name a few, then in such event and in
addition to the above requirements, the FIRM shall also provide Professional Uability
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
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.
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
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officers, affiliates, employees, successors and assigns, including their attorney's fees, in
the defense of any action in law or equity brought against them and arising from the
negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this
Agreement, or incident to or resulting from the performance or non-performance of
the Firm's obligations under this AGREEMENT.
D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such claims which may result from or
arise out of actions or omissions of the Firm, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them,* and arising out of or concerning the work or event that is occurring
on the CITY's property. In reviewing, approving or rejecting any submissions or acts of
the Firm, CITY in no way assumes or shares responsibility or liability for the acts or
omissions' of the
Firm, its contractor/subcontractor or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. The Firm has the duty to provide a defense with an attorney or law firm approved by
the City of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1),
Florida Statutes, none of the provisions set forth herein above that are in conflict with
this subparagraph shall apply and this subparagraph shall set forth the sole
responsibility of the design professional concerning indemnification. Thus, the design
professional's obligations as to the City and its agencies, as well as to its officers and
employees, is to indemnify and hold them harmless from liabilities, damages, losses,
and costs, including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the
performance of the contract.
THIS 1S INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
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EXHIBIT#5
EVALUATION AND SELECTION CRITERIA
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
Scoring and Ranking
Phase 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 1 "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
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EXHIBIT #6
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
THIS AGREEMENT made and entered into this day of , 20 by and
between the City of South Miami, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and who is authorized to do
business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and conditions:
.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
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wages,
benefits, overhead and profit and that shall be in writing, signed by the
CO
NSULTANT and the City Manager and attached hereto . as ATTACHMENTA.
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,
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to require proof of valid citizenship or, in the alternative, proof of a valid green card for
each person employed in the performance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable laws and/or
regulations.
12.0 Way The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to
pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the CITY shall have the right to annul this contract without
liability.
13.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by 'either declining to
issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY
may terminate this AGREEMENT by written notice to CONSULTANT, and in either
event the CITY's sole obligation to'the CONSULTANT shall be payment for the work
previously authorized and performed in accordance with the provisions of this
AGREEMENT. Payment shall be determined on the basis of the work performed by the
CONSULTANT up to the time of termination. Upon termination, the CITY shall be
entitled to a refund of any monies paid for any period of time for which no work was
performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes
all authorized renewals, or unless otherwise terminated by. the CITY. The term of this
agreement is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed five (5) years
following the issuance of the Notice to Proceed.
15.0 Default. In the event either party fails to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSULTANT shall. not
be entitled to any consequential or delay damages. In the event that partial payment
has been made for such professional services not completed, the CONSULTANT
shall return such sums to the CITY within ten (10) days after notice that said sums
are due. In the event of any litigation between the parties arising out of or relating in
any way to this AGREEMENT or a breach thereof, each party shall bear its own costs
and legal fees.
1.6.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Insurance and Indemnification requirements that are set forth in ATTACHMENT 8 to
this AGREEMENT.
17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by
all duly promulgated and . published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
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AGREEMENT.
19.0 Taxes CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related *to the Work, inclusive of.sales tax if applicable.
20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a partnership,
joint venture, or agency relationship between the parties..
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in. accordance with all applicable laws, rules, regulations, and
health and safety standards of the federal, state, and CITY, which may be'applicable to
the service being provided.
23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement. Modification, and Binding Effect This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written
or oral. This AGREEMENT may -not be modified or amended except in writing, signed.
by both parties hereto. This AGREEMENT shall be binding upon and -inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. No modification or amendment. of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT, in general, and this paragraph, in particular, shall not be -modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved,by
written resolution of the City Commission, or if such approval 'is required by ordinance
or the City Charter, no amendment to this AGREEMENT shall be valid unless approved
by written resolution of the. City Commission.
25.0-juryTrial. CITY and CONSULTANT . knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of
this AGREEMENT or the performance of the -Work thereunder.
26.0 Validity of Executed Copies. This. AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may
be substituted for male, female or neuter, whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 Severability. If any term or provision'of this AGREEMENT or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each and every other term. and provision of this AGREEMENT
shall be valid and enforceable to the fullest extent permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents,
if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by
the Contract Documents, if any, and this AGREEMENT and the rights and remedies
available to the CITY hereunder, shall be in addition to, and shall not be construed in'
any way as a limitation of, any rights and remedies available at law or in equity, by special
guarantee or by other provisions of the Contract Documents, if any, or this
AGREEMENT. In order'to entitle any party to exercise any remedy reserved to it in this
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AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this AGREEMENT or
hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall.be
construed to be a waiver thereof, but any such right and power may be exercised _from
time to time as often as may be deemed expedient.
30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
in exercising any right, power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right, power, or privilege under this AGREEMENT.
No waiver of this AGREEMENT, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission and will only be valid and enforceable
if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver
of any term, condition or provision of this AGREEMENT will not constitute a waiver of
any other term, condition. or provision hereof, nor will a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default.
31.0 No Discrimination and Equal Employment: No action shall be taken by the
CONSULTANT, nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basis of race,
creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status,
ethnicity, sexual orientation or physical or mental disability as proscribed by law and
that it will take affirmative action to ensure that such discrimination does not take place.
The CONSULTANT shall comply with the Americans with Disabilities Act and it will
take affirmative action to ensure that such discrimination does not take place. The City
of South Miami's hiring practices strive to comply with all applicable federal regulations
regarding employment eligibility and employment practices in general. Thus, all
individuals and entities seeking to do work for the CITY are expected to comply with all
applicable laws, governmental requirements and regulations, including the regulations of
the United States Department of Justice pertaining to employment eligibility and
employment practices. By signing this AGREEMENT, the CONSULTANT hereby
certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance
with all applicable regulations and laws governing employment practices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Florida, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in Miami -Dade County, Florida.
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission if such
approval is required by City's Charter, and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is required
by the City's Charter, then the date of approval by City Commission, whichever is
later.
34.0 Third- Party Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute ahy and all other and further
documents as might be reasonably necessary in order -to ratify, confirm, and effectuate
the intent and purposes of this AGREEMENT.
36.0 Time of Essence. Time is of the essence of this AGREEMENT.
37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its
obligations under this AGREEMENT if caused by acts of God, civil commotion; strikes,
labor disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its subcontractors/subconsultants
as it is for the acts and omissions of people directly employed by it. All
subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT,
must be approved by the CITY. The CONSULTANT shall require each subcontractor,
who is approved by the CITY, to agree in the subcontract to observe and be bound by
all obligations and conditions of this AGREEMENT to which CONSULTANT is bound.
40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf
of the CITY and the CONSULTANT, under such conditions, shall incorporate this
paragraph in all of its subcontracts for this Project. Under such condition,
CONSULTANT and its subcontractors , are specifically required to: (a) Keep and
maintain public records required by the public agency to perform the service; (b) Upon
request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not' exceed the cost provided in this
chapter or as otherwise provided by law; (c) Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to
the public agency; and (d) Upon completion of the contract, transfer, at .no cost, to the
public agency all public records in possession of the contractor or keep and maintain
public records required .by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If. the contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided -to the public agency, upon request from the public agency's custodian
of public records, in a format that is compatible with the information technology
systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING 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
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delivered by hand delivery, e-mail (or similar electronic transmission), facsimile
transmission or certified- mail, with return receipt requested and shall be deemed
delivered' on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the
CITY, a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
With copies to: City Attorney.
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tReT@southmiamifl.gov
To CONSULTANT:
42.0 Corporate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have complied with all applicable legal requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder; and that this AGREEMENT is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONSULTANT
hereunder, and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
CONSULTANT:
By:
(Print Name Above)
ATTESTED:
City of South Miami
By: By:
Maria M. Menendez, CMC
City Clerk
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City Manager
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• r
Read and Approved as ttb Form, Language,
Legality and Execution thereof.
By:
Thomas F. Pepe, Esq.
City Attorney -
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ATTACHMENTA
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ. #PW2016-22
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ATTACHMENT B
INSURANCE & INDEMNIFICATION -REQUIREMENTS
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
1.010 Insurance
A. Without limiting its liability, the. contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with -regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is
against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless *authorized in writing 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.
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In addition, the policies must include: Employers' Liability at the statutory coverage
amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.013 Commercial 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.
1.0 1S 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' RisW. 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
10/1312016
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
ANII 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
10/13/2016
i
70
(4) a polity. 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
10113/2016
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
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.
{e3 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
10/13/201 &
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 OFDOCUMENT
Page 66 of 66
Thomas F. Pepe
10/1312016
74
Name/Title Company Name/ E-mail Address Telephone No.
Name/Title Company Name/ E-mail Address Telephone No.
Name/Title Company Name/ E-mail Adchess Telephone Nu.
South
THE CITY OF PLBSANT LIVING
Pre -Bid Conference
Sign -In Sheet
Date: November 15, 2016
RFQ Title: Professional General Engineering and
Architectural Services
RFQ No.: PW2016-22
XAPurchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering ServicesTre Bid\Pre-Bid Meeting Sign -In
Sheet.doe
78 '
South Miami
THE CITY OF PLEASANT LIVING
Pre -Bid Conference
Sign -In Sheet
Date: November IS, 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.
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BID OPENING REPORT
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Bids were opened on: Monday. December S. 2016 after: 10:00wn
For: RFO •# kW 201.6-22 Professional General Engineering & Architectural Services
COMPANIES THAT SUBMITTED PROPOSALS:
A.D.A. ENGINEERING, INC....................................................................
BERMELLO AJAMIL & PARTNERS, INC...............................................
CALVIN GIORDANO & ASSOCIATES, INC...................... I....................
CPH.........................................................................................................
EACCONSULTANTS..............................................................................
FERNANDEZ—BERAUD, INC...............................................................
KEITH AND ASSOCIATES, INC..............................................................
KEITHAND SCHNARS...........................................................................
MARUN•ENGINEERING, INC...............................................................
MILLERLEGG........................................................................................
PISTORINO &'ALAM CONSULTING ENGINEERING, INC.................
R.J. BEHAR & COMPANY, INC............................................................ t�
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 M. MENENDEZ • '
Print —Name Signature
Witness: . `'5D 4 ti We b S f e li
Print Name Si stare
Witness:
Print Name
Signature
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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
RI Behar
SRS Eng:
Stantec
TY LIN
Shari Karnali
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
TOTAL 268 254 282 285 271 279 278 271
RANK
Calvin
Corradino
EAC
Marlin
Evaluator
Rl Behar
SRS Eng:
Stantec
TY LIN
Giordano
Group
Consulting
Engineering
Shari Karnali
92
1 93
96
100
96
1 97
1, 98
1 100
Calvin
Corradino EAC
Marlin
Evaluator
RI Behar
SRS Eng.
Stantec
TY LIN
Giordano
Group Consulting
Engineering
-
Grizel Martinez
91
91 96
95
95
97
90
96
Calvin
Corradino
EAC -Marlin
Evaluator
RJ Behar
.SRS Eng.
TY LIN
Giordano
Group
Consulting Engineering
_Stantec
Jane Tompkins
85
70
90 90
80
85
90
75
0
MIAMI DAILY BUSINESS REVIEW
?ubbshed Dally except Saturday. Sunday and
Legal Holidays
MMami. 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
Okla Miami Review, a lady (except Saturday. Sunday and
Legal Holidays) newspaper, published at Miami in Miami -Dade
County. Florida; that the attached cooy of advertisement.
being a Legal Advertisement df Notice in the matter o!
NOTICE OF PUBLIC HEARING
CiTY OF SOUTH MIAMI - MAR 21, 2017
in the XXXX Court,
was published in said newspaper in the issues of
03/10/2017
Affiant funner says that the said Mtami Daily Business
Review is a newspaper published at Miarni. in said
Miaini-Dade County. Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dace
County, Florida each day. (except Saturday, Sunday and
Legal Holidays) and has been entered as second Gass mail
maker at the post office in Miami in said Miami -Dade County,
Florida, for a period of one year next preceding the first
publication or the attached copy of advertisement, and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount. rebate. commission
or refund for securing this advertisement for
dublicaho the said nev�rs��
S n to and subscribed orgie this
10 dayof R 6. 2JK7
MARIA MESA personally kr:own to me
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CoRtV� .
CIS OF'S®UYN MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida -will 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 considef the following item(s):
A Resolution authorizing the City Manager to enter Into a muitl-year contract
with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering;
Inc., and Stantec for general engineering services on an as needed basis.
An Ordinance amending the Land Development Code, Article tl, "Definitions".
Section 20-2.3, 'Definitions", and Article III, Zoning Regulations", Sections
20-3.30) "Permitted Use Schedule" and 20.3.4(B) 'Special Requirements"
adding subsection R4) relating to Medical Marijuana Centers and providing
definitions relating to and criteria and regulations for Medical Marivana
Centers in the'City of South Miami.
An Ordinance amending Secticn 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
zonceming 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 add subsection (P) and for the purpose of providing a
procedure for approving the South Miami Community Redevelopment
Agency budget. .
ALt: interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC.
City Clerk . .
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
(hat 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
hearing, 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
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EXHORU U 96
PROFESSBONAL SERVOCE AGREEMENT
" Prof®esional Genwml Engineering and ArchltecturA Servicee "
RPQ W201 6-22
THIS AGREEMENT made and entered into this � day of Hecerr, 2044. 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
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 Com lemon
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 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
Tkmm F. ftpe
1611=0is
87
wages, benefits, overhead and profit and that shall be in waiting, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMENT A.
5.0 Payment and Partial Pavm�, The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth in the schedule of payment as set forth in
ATTACHMENT A or, if no schedule of payment exhibit is attached to this
AGREEMENT then payment will be made 30 days following the receipt of
CONSULTANT's invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Rat of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of the CO 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. 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. 287.011 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 SubIgUIDSffhe 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
CONSULTANrs rights. The CITY may, in its sole discretion, allow the
CONSULTANT to assign its dudes, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the C1TY'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 Unauthorised Aliens: The employment of unauthorized aliens by the CONSULTANT is
considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as
well. The CITY reserves the right at its discretion, but does not assume the obligation,
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to require proof of valid citizenship or, in the alternative, proof of a valid green card for
each person employed in the performance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable laws and/or
regulations. .
J2.0WarMnV, 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 CrMs 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 ATTACHMEWT 0 to
this AGREEMENT.
17.0 Amement Not ExclusLyne 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 PS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
Psr 53 of 66
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1011312016
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AGREEMENT.
19.0 Taxes CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Independdnt 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 ResRQnsibilities. 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 do 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 waiting, signed
by both parties heret6. This AGREEMENT shall be binding upon and Inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT, in general, and this paragraph, in particular, shall not be modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved by
written resolution of the City Commission, or if such approval Is required by ordinance
or the City Charter, no amendment.to this AGREEMENT shall be valid unless approved
by written resolution of the City Commission.
25.0-juryTrial, 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.
25.0 Severabift. 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 lawn.
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 5-4 of 66
was F. Pepe
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.e
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
terns, 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 au I Em Imo ent: 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 CWs Charter, then the date of approval by City Commission, whichever is
later.
34.0 'Third ft[ML Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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"A
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 lnte ar retatlan. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
35.0 &M 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 Subcontmctine: If alloyed 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/subconsukants 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 lawn (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 lawn; (c) Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and
following completion of the contract If the contractor does not transfer the records to
the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the
public agency all public records In possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor
transfers all ' public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the public agency, upon request from the public agency's custodian
of public records, In a format that is compatible with the information technology
systems of the public agency.
OF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER I199 FLORIDA STATUTES9 TO THE
CONTRACII°OWS DUTY TO PROVODE [PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305a663-6340; E-mail: mmen9ndeaisoaa m1amlfl.g®v; 6130 Sunset
Drive, South Miamle FL 33 D 43.
41.0 Nlotices. Whenever notice shall be required or permitted herein, it shall be
Page 56 of "
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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) 341-05S4
E-mail: tpepe@southmiamifl.g-ov
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.
ON WOTNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
CONS
ATTD:
aria M. Menendez., CMc
City Clerk
Thaws F. Pepe
OW1312016
Michael ,Adeife, P.E.
(Print Nam ove)
City,of"South Miami
ay:
Steven Alexander
City Manager
Page 57 of 66
93
Read and Approved as to Form, Language,
LeSMity'and Execution thereof:
Thomas F. Pepe, Esq.
City Attorney
Page g® of 66
IMcmw F. Pepe
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
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, Sufte 402 € Mami, FL 33126 0 Phone: 305-264-2557 0 Fax: 305-264-8363 E www.eacconsult.com 1 CA # 7011 95
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
CITY OF SOUTH MIAMI
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
The fees for professional services for the Work shall be in accordance with the following billing
rates for EAC Consulting, Inc. and subconsultants.
Hourly rates include all wages, benefits, overhead and profit
Direct Expenses (Reimbursables) shall include -5% markup
Billing Rates shall be subject to yearly escalation of 3.5%.
SALARY COSTS
Category
South Miami Benchmark
Hourly hate
EAC Revised Proposed
Hourly Billing Dates
Principal
$180.00
$181.46
Sr. Project Manager
$150.00
$179.66
Project Manager
$130.00
$171.58
Senior Engineer
$125.00
$148.22
Senior Planner
$125.00
$134.75
Planner
$85.00
$103.31
Senior Traffic Engineer
$125.00
$134.75
Traffic Engineer
$85.00
$103.31
Senior Designer/Engineer
$90.00
$107:80
Designer
$80.00
$85.34
Engineer Intern
$75.00
$75.00
Senior 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
SALARY COSTS
Category
South Miami Benchmark
Hourly Rate
IEAC Revised Proposed
Hourly Billing Rates
2-Man Survey Crew
$115.00
$115.00
3-Man Survey Crew
$125.00 1
$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
1 $45.00
$45.00
3/31 /2017
ld�ichael e, P.E Date
Senior Vice President
EAC Consulting, Inc.
City of South Miami RFQ #PW2016-22
97
i
South Miami
toll , We tU IRT-9:
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
""Professional General Engineering and Architectural Services"
RFQ NPW2016-22
The City and CONSULTANT agree that a separate rotational list will be dedicated for work
performed under a continuing professional service contract, as specified In the Scope of
Services, for "Certified Arborists Services," and a separate rotational list will be established for
all CCNA professional services. "Certified Arborists Services" is defined as:
o Ceaoffied Arborlst Services:
Consultant may be tailed 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 Profe al Services Agreements.
r
CONSULT of South Miami
/ +IrJNr.�r
i
By:. By:
f. jst MoenAlexander, City Manager
3/30/2017
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
By; i
Thomas F. Pepe, City Attorney
K-01
ATTACHMEMT E
ONSURANCE & ONDEM OFOCATOON 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.
1.0 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
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;
• Medical Insurance: $5,000 per person;
o Property Damage: $500,000 each occurrence;
1.014 Umbrella Commercial Comprehensive General Liab itx 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
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
ANII 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";
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(4) a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of 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
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officers, affiliates, employees, successors and assigns, including their attorney's fees, in
the defense of any action in law or equity brought against them and arising from the
negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this
Agreement, or incident to or resulting from the performance or non-performance of
the Firm's obligations under this AGREEMENT.
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
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E—X—H-ISOT
PROFESSOONAL SERVICE AGREEMENT
" ProftsionW GenemB Engineering aesd ArchkocturaB Services"
RPQ NPW2086-22
THIS AGREEMENT made and entered Into this 11 4�r day of A WR EXt Y 20XI 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 M Wku y4, who is authorized to do
business in the State of Ronda, (hereinafter referred to as the "CONSULTANT`7. In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and conditions:
1.0 G eral 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 "IMORIC), 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 c ►fie
Of Services as described in the Notice to Proceed
3.0 Time for C4 ntetion
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 Com ensation: 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 raced sum as
mutually agreed upon by the CITY and the CONSULTANT and If such an
agreement is reached, it shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall include all
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wages, benefits, overhead and profit and that shall be in writing. signed by the
CONSULTANT and the City Manager and attached hereto as
AiTACHAENTA.
5.0 paWent and Parfial 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
AYTACHNIEW7' A or, If no schedule of payment exhibit is attached to this
AGREEMENT then payment will be made 30 days followring the receipt of
CONSULTANrs invoice as the work progresses but only for the work actually
performed and approved In writing by the City Manager.
6.0 NAt of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of the Cr1 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 representadve'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 evade by him, CONSULTANT shall
present his written objections to the City Manager and shall abide by the decision of the
City Manager.
7.0 Owners st I 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 Tevh-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 u The CONSULTANT shall not assign or transfer Its rights under this
AGREEMENT without the express written consent of the CITY. The CITY will not
unreasonably withhold and/or delay its consent to the assignment of the
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,
Page 52 of 66
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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 lawns and/or
regulations.
12.0 r . 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 wrorldng 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. 1t 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
preWously authorized and performed In accordance with the provisions of this
AGREEMENT. Payment shall be determined on the bash 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
perfomed.
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
moment is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However. in no event shall the term exceed five (S) years
Wowing the Issuance of the Notice to Proceed.
15.0 DA&u 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 NO fees.
16.0 Insurance and Indemniflcation. The CONSULTANT agrees to comply with CITrs
Insurance and Indemnification requirements that are set forth in ATTACHMENT B. to
this AGREEMENT.
17.0 snt 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
7.87.133(3) (a), as required by the CITrs solicitation, if any, applicable to this
Page 33 of 66
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106
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 tat If applicable.
. 20.0 OW Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is nude a part of this AGREEMENT by reference.
21.0 IndcgQ_doot 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 Dutles and Resnon,Slbi lides. 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 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at Its sole expense prior to executing the AGREEMENT.
24.0 Entire ment._Mgdif%ation. and Eindln Thl$ 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 pardes. 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 !Mork thereunder.
26.0 YWIdkv of Executed Co" 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.
25.0 Sevembift. 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 34of66
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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. 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 Nai-VWanrer. 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 waver 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 wIp not constitute a waiver of
any other term, condition or provision hereof. nor will a waiver of any breach of any
term6 condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default
3I.0 No Discrimination and 9gual EmWoMitt: No action shall be taken by the
CONSULTANT, nor wig 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 k 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 Horlda, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in Miami -Dade County, Horlda.
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 Park► Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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W1.11
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 la=retWan This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
35.0 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
andcipated 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
subcontractorslsubconsultants and their agreements, if allowed by this AGREEMENT,
must be approved by the CITY. The CONSULTANT shah require each subcontractor,
who Is approved by the CITY, to mgree in the subcontract to observe and be bound by
all obligations and conditions of this AGREEMENT to which CONSULTANT is bound.
40.0 Publ�mords: 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 lawn; (c) Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and
following completion of the contract If the contractor does not transfer the records to
the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the
public agency all public records In possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract; the
contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the public agency, upon request from the public agency's custodian
of public records, In a format that is compatible with the Information technology
systems of the public agency.
OF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPUCATION OF CHAPTER EI EE 9, FLORIDA STATUTES, TO THE
CONTRACTORS DUTY 'R1"'O PROVIDE PUBUC RECORDS RELATING TO
THIS CONTRACT", CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340➢ E-mail: a mewendex@southmla m1fLgov,- 6030 Sunset
Drive, South Miami, FL 33043.
41.0 NoAces. Whenever notice shall be required or permitted herein, it shall be
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delivered by hand delivery. e-mail (or similar electronic transmission). facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmiation 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: Gty Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (30S) 668-2510
Fay (30S) 663-634S
E-mail: salexander@southmiamif9.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel. (30.5) 667-2564
Fax: (305) 341-OSi4
E-mail, tlaet�e.. etl rnial�,�.�el�
To CONSULTANT:
42.0 Gorpome Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
-representative have, and have exercised, the required corporate power and that they
have compiled with all applicable legal requirements necessary to adopt; execute and
deliver this AGREEMENT and to assume .the responsibilities and obligations created
hereunder, and that this AGREEMENT Is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONSULTANT
hereunder, and consdwtes 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.
RY
ATTESTEP: City of
• / �. i e , J ,0 n Y _
Maria M. Menendez. CFTC i
City Clerk U �/
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Themes P. Pepe
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§%ve -Alexander
City Manager
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Read and Approved as to Forget, Language,
Leplity and Execatdon thereoff:
Thomas F. Pew, Esq.
City Aucrney
sae as of as
Thomas F. fte
0014MOIG
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South Miami
lilt ruv ur 11 c,� .M41 i i om;
ADDENDUM TO PROFESSIONAL SERVOCE AGREEMENT
"Professlonal General Engineering and Architectural Ser4iffle
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 Arborists Services," and a separate rotational list will be established for
all CCNA professional services. 'Certified Arbodsts Services" is defined as:
a Certified Arbarist Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure cornpliance.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 wbth other issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational list for "Certified Arborlsts Services" will rotate every three (3) months among
the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Professional Services Agreements. _ram
CONSULT _-•'
By _
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
Thomas F. Pepe, City Attorney
-gfi-of South MI -6
By.
Steven Alexander, City Manager
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ATACHMMT A
611ua®MP6NSAT0CH19
PROFESSIONAL SERVICE AGREEMENT
"Proffft3ima9 Gema8 Enginewing and ArcMuct nd SemicaWl,
RiFQ fPWjoj6-22
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Professional General Engineering & Architectural Services RFQ #PW2016-22
Wage -Rates Summary
Job Classification
City of South Miami
Benchmark Hourly Rate
Principal
$180.00
Sr. Project Manager
$150.00
Project Manager
$130.00
Senior Engineer
$125.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$75.00
Senior CADD Technician
$75.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$75.00
Senior Landscape Architect
$125.00
Landscape Architect
$115.00
Landscape Architect Intern
$70.00
Arborist
$75.00
Utility Coordinator
$90.00
Surveyor / Mapper
$85.00
Survey Technician
$60.00
2-Man Survey Crew
$115.00
3-Man Survey Crew
$125.00
4-Man Survey Crew
$135.00
Fire Protection Engineer
$90.00
Plumbing Engineer
$90.00
Mechanical Engineer
$90.00
Electrical Engineer
$90.00
Geotechnical Engineer
$120.00
Geologist
$90.00
Environmental Scientist
$85.00
Senior Administrative Assistant
$65.00
Clerical
$45.00
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ATTACHMENTS
INSURANCE & INDE i NOFICATO®N REQUOREMENTS
PROFESSRONAL SERVICE AGREEMENT
"irofossiond Generml Enginwring and A=Vstectun B ServQces"
RFQ OPW201 `-22
1.010 Insumnc®
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.
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 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 authorized to sell
Insurance In the State of Florida, on forms approved by the State of Florida, as will
protect the FORM, 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
danaM other than to the Work Itself, because of injury to or destruction of tangible
property, Including loss of use resulting there from; (Q claims for damages because of
bodily Injury, death of a person or property damage arising out of ownership,
maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage
arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.011 Firm's Insurance enudy. 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 ftdors' Compensation I01granc2 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.
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In addition, the policies must include: Employers! Liability at the statutory coverage
amount. The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.013 Commercial Compmhensive General LMlli�ty, 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;
Medical Insurance: $5,000 per person;
Property Damage: $500.000 each occurrence;
1.014 Umbrella Commerdal 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 S1,000,000 per claim and $2,000,000 Annual Agregate. Coverage must be afforded
on a form no more restrricedve than the latest edition of the Comprehensive General 1.1ability
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
(4) 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 Auwmoblle 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 Uabiiity 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 SUBCONTRA S: The FIRM agrees that if any part of the Work under the Contract is
sublet, She 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 Qyg= Insurance (,builders' Rlsk). IF APPUCASI.E:
C. In the event that this contract involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Risk Insurance on buildings and structures, including Vandalism &
Malicious Mischief coverage, while in the course of construction, including foundations,
additions, attachments and all permanent fixtures belonging to and constituting a part of
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said buildings or structures. The poCcy 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 Misce fteous:
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 We of this Contract
G. All deductibles must be declared by the FORM 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 sat factory 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
interese' or "cross liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the FIRM'S duty to indemnify the City
as provided In this Agreement,.
I. Before starting the Work, the FIRM shall deliver to the CITY certificates
of such Insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the Insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the insurance
agent or broker through whom the policy was obtained. The insurer shall be rated
A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms
approved by the State of Florida and they must remain in full force and effect for the
duration of the contract period with the CITY. The FIRM may be required by the CITY,
at its sole discretion, to provide a "certified copy" of the policy (as defined in Article I
of this document) which shall Include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
Insurance certificate, the followring 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
lnjury" and it will provide to the City all of the coverage that Is typically provided
under the standard Florida approved forms for commercial general liability
coverage A and coverage B";
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(4) a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (Including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the polity for any reason. The
notification shall be delivered to the City by certified mall, with proof of delivery
to the City."
If the FIRM is providing professional services, such as would be provided by an
architect, engineer, attorney, or accountant, to name a few, then In such event and in
addition to the above requirements. the -FIRM shall also provide Professional Liability
Insurance on a Florida approved form In the amount of $1,000,000 with deductible per
claim if any, not to exceed 5% of the limit of liability providing for all sun" 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 freement; However, the
RRM may purchase Specific Project Professional Liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance sloth be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
Ondemnlficadon 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
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officers. affiliates. employees, successors and assigns, including their attorneys fees, in
the defense of any action in law or equity brought against them and arising from the
negfigent 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 diem, and arising out of or concerning the work or event that Is occurring
on the C11°Y's property. In reviewing, approving or rejecdng any submissions or acts of
the Firm, CITY In no way assumes or shares responsibility or liability for the acts or
omisslons of the
f Firm, its contractor/subcontractor or any of their agents, representatives, employees,
f 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 Milami, which approval "I 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
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E CHISIT 06
PROFESSBONAL SERVOCE AGREEMENT
"Professloml Genard EnLdneering and Archkoctural Services'"
RFQ #PW2016-22
THIS AGREEMENT made and entered into dtis,j day, of Vi. 20 ri 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 RS SyA ro%wf.Fw_r (A c. who is authorised to do
business in the State of Florida, (hereinafter referred to as the "CONSULTANT'. In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and condidonr.
1.0 Gen-wal 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
otter than the work described in one or more Notice to Proceed (hereinafter
referred to as the "WORK"), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
II The CITY agrees that it will furnish to the CONSULTANT available data and
documents In the CITY possession pertaining to the WORK to be performed
under this AGREEMENT promptly after the Issuance of the Notice to Proceed
and upon written request of the CONSULTANT.
2.0 kgpe of_Se dces. The CONSULTANT shall perform the work as set forth In the Scooe
of Services as described in the Notice to Proceed.
3.0 33Me for QagMetion
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 BPA AL Comp nsatiow, 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 ATEACHAOIEN 'A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall include all
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wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMENT A.
5.0 Bent ad 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 Mt 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 representatdve's decisions upon all claims, questions, and disputes shall be
final, conclusive and binding upon the parties unless such determination Is cleariy
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 timitadon.
8.0 Audit Wts. 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 hletotiationg 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 signif curt 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
CONISULTANTs rights. The CITY may, in Its sole discretion, allow the
CONSULTANT to assign its dudes, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by It without prior written consent of the CITY. Any assignment or
subcontracting In violation hereof shall be void and unenforceable
11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is
considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as
well. The CITY reserves the right at its discretion, but does not assume the obligation,
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to require proof of valid citizenship or, in the alternative, proof of a valid green card for
each person employed In the performance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable lawns and/or
regulations.
12.0YftmM- 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 decnning to
Issue Notice to Proceed authorizing WORK, or, If a Notice to Proceed is issued, CITY
may terminate this AGREEMENT by written notice to CONSULTANT, and In either
event the CITY's sole obligation to the CONSULTANT shall be payment for the work
previously authorized and performed In accordance with the provisions of this
AGREEMENT. Payment shall be determined on the basis of the work performed by the
CONSULTANT up to the time of termination. Upon termination. the CITY shall be
entitled to a refund of any monies paid for any period of time for which no work was
performed
14.0 Term This AGREEMENT shall remain in force until the end of the term, which includes
all authorized renewals, or unless otherwise terminated by the CITY. The term of this
agreement Is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew Is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed five (S) years
following the Issuance of the Notice to Proceed.
15.0 Deftu 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 waiting. 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 pardal 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 gees.
16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Insurance and Indemnlficadon requirements that are set forth in ATTACHMENT 13. to
this AGREEMENT.
17.0 Agm ment_Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or sMIar services.
18.0 Cade& Ordloancoz 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
2E7.133(3) (a), as required by the CITY's solicitation, If any, applicable to this
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AGREEMENT.
19.0 Jam. CONSULTANT shall be responsible for payment of all federal, state, and/or
local takes related to the Work, inclusive of sales talc If applicable.
20.0 j[�rilg Free W-nd lace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Independent Ccznn_r. 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 Respaujibilldes. 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 ent._M dification. and Elndln Eft 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 wrld% signed
by both parties hereto. This AGREEMENT stiall be binding upon and inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. silo modification or amendment of any terms or provisions of this
AGREEMENT shalO 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 wrritten resolution of the City Commission.
25.0 jua Trial. CITY and CONSULTANT knowingly, irrevocably volumarlfy 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 y,alfdpf of Executed Cow. 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 Sevenihift. 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
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AGREEMENT, or existing In law or in equity, it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or In equity, shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be In addition to every other remedy given under this AGREEMENT or
hereafter existing at law or In equity. No delay or omission to exercise any right or
power accruing upon any default shall Impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from
time to time as often as may be deemed expedient.
30.0 Ngn-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 terrm condition or provision of this AGREEMENT will not constitute a waiver of
any other term, condition or provision hereof, nor will a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default.
3I.0 No Discrimination and Eaual fMRjg=nt: Ido 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 pracdces 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 Gam nib Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Rorida, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction In Miami -Dade County, Rorida.
33.0 Eftshm,ji te. 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 Citys 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 Pare► Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder. and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and effectuate
the intent and purposes of this AGREEMENT.
36.0 Time of Ease ce. Time is of the essence of this AGREEidIENT.
37.0 loamogon. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force ieure. 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 Subegatracting If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to She CITY for the acts and omissions of its subcontractors/subconsulta nts
as k is for the acts and omissions of people directly employed by It. All
subcontractors/subconsultants and their agreements, if allowed by thls 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 Publis Record s+ 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 agenWs 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
app0cable 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 HM QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 0 89, FLORIDA STATUTES, TO THE
COINTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT9 CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: mmenendea@southmlamIfLSow, 6930 Sunset
®rive, South Miami, FL 33143.
41.0 Notleves. Whenever notice shall be required or permitted herein, it shall be
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delivered by hand delivery, e-mail (or similar electronic transmission), facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the
CITY, a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: slexander@southmiamifl.gov
With copies to:
To CONSULTANT:
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
42.0 Corporate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have complied with all applicable legal requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder; and that this AGREEMENT is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONSULTANT
hereunder, and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
ATT City
B " B
y.
-Kiria M. Menendei; QMC % !-
City Clerk
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Thomas F. Pepe
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(Print Na e)
Steven Alexander
City Manager
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Read and Approved as to Form, Language,
Lqpllty and Execudon thereof:
By.
Thomas F. Pepe, Esq.
City Atowney
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I South M1iami
lilt 1'111 ix mrA5w twim;
ADDENDUM TO PROFESSIONAL SERVOCE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
The City and CONSULTANT agree that a separate rotational list will be dedicated for work
performed under a continuing professional service contract, as specified in the Scope of
Services, for "Certified Arborists Services," and a separate rotational list will be established for
all CCNA professional services. "Certified Arborists Services" is defined as:
9 Certified Arborist Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's Land Development Code. The review includes the initial site inspection followed
up by the determination of mitigation and a final inspection. When needed, assist City
Departments with other issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational list for "Certified Arborists Services" will rotate every three (3) months among
the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Professional Services Agreements.
CONSULTANT
By. By:
SR ngineering, Inc.
Ignacio Serralta/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
128
ATTACHHENT A
a sCOMPENSATUON"
PROFESSIONAL EERVOCE AGREEMENT
6FQ tea® 16.22
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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
$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
ATTACHMENTS
UNSU ANCE & INDENNIFOCATUON REQUOREMENTS
PROFESSIONAL. SERVICE AGREEMENT
•`PWesslanag Ganw1 EaeSineaHng and Anhib¢tarwO Services•'
RFQ 0PW2016.22
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 subcontractor, or by anyone directly or Indirectly employed by
any of them or by anyone for whose aces any of there 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 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 dame 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 RRM's obligations under the Contract.
1.011 Firm's Insurance Generalivs--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 1Norkers' 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 lawns.
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In addition, the policies must include: Employers' Liability at the statutory coverage
amount. The FIRM shall further Insure that all of Its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.013 Commercial C mprehenshm General Uabilily 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
Ilablllty 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;
• Property Damage: $500.000 each occurrence;
1.014 Umbrella Commercial Com hensive General Liabilige 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 mom resvictive 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, Corpse and Underground Hazard Coverage
(e) Broad Form Property Damage
(� Broad Form Contractual Coverage applicable to this specific Contract. Including any
hold harmless and/or Indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.0 IS Rusiness Automobile UiaMla with minimum Omits of One Million Dollars
($1,000,CW.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 SURCOIVTRACTS: The FIRM agrees that if any part of the !Mork under the Contract is
sublet, the subcontract shall contain the same insurance provision as required by of the Firm,
other 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 Covemn Insurance (Bullders' 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 pare of
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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
nay appear, and shall also cover the Interests of ail 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 MIAC sous:
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 wrlll 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. AN deducdles 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 alonst 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
inter" or "cross hability" 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 cerdficates
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. Beses Key Rating Gulde, 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 Flordda and they must remain In full force and effect for the
duration of the contract period with the CITY. The FIRM nosy 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";
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(4) a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by cerdfied 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 Hower, 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 authorised in waiting by the city at the city's sole,
absolute and unfettered discretion.
8ndemnMcadon 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 ag appellate
levels, which may- be suffered by, or accrued against, charged to or recoverable from
the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for
injury to, or death of any person or persons and for the loss or damage to any property
arising out of a negligent error, omission, misconduct; or any gross negligence,
intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of
their officers, directors, agents, representatives, employees, or assigns, or anyone acting
through or on behalf of any of them, arising out of this Agreement; Incident to It, or
resulting from the performance or non-performance of the Firm's obligations under this
AGREEMENT.
I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected
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K.
L
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 Hrm's obligations under this AGREEMENT.
The Firm agrees and recognizes that neither the CITY nor its officers, affillates,
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 CIM 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
Firer, its contractor/subcontractor or any of their agents, representatives, employees.
or assigns, or anyone acting through or on behalf of their.
The Firm has the duty to provide a defense with an attorney or law firm approved by
the City of South Marni; which approval will not be unreasonably withheld.
However. as to design professional contracts, and pursuant to Section 725.08 (1).
Florida Statutes, none of the provisions set forth herein 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 costs, Including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recklessness, or Intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the
performance of the contract.
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
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nQualificotion Statement - Part 2 - Standard Forms
EXHIBIT
PROFESSIONAL SERVICE AGREEMENT
"'Professional General Engineering and Architectural Services"
RFQ #PW2016-22
THIS AGREEMENT made and entered into this { day of kA, 20AI_ 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'f Ac'6GC 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.
.�.0 Time for Completion
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager, or designee.
3.2 A reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible.
4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the following methods or a combination thereof, as mutually
agreed upon by the CITY and the CONSULTANT.
4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by the CITY and the CONSULTANT and if such an
agreement is reached, it shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall include all
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wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
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,
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to require proof of valid citizenship or, in the alternative, proof of a valid green card for
each person employed in the performance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable laws and/or
regulations.
12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to
pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the CITY shall have the right to annul this contract without
liability.
13.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY
may terminate this AGREEMENT by written notice to CONSULTANT, and in either
event the CITY's sole obligation to the CONSULTANT shall be payment for the work
previously authorized and performed in accordance with the provisions of this
AGREEMENT. Payment shall be determined on the basis of the work performed by the
CONSULTANT up to the time of termination. Upon termination, the CITY shall be
entitled to a refund of any monies paid for any period of time for which no work was
performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes
all authorized renewals, or unless otherwise terminated by the CITY. The term of this
agreement is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed five (5) years
following the issuance of the Notice to Proceed.
5.0 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.
08.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by
all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
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AGREEMENT.
19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a partnership,
joint venture, or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and
health and safety standards of the federal, state, and CITY, which may be applicable to
the service being provided.
23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written
or oral. This AGREEMENT may not be modified or amended except in writing, signed
by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT, in general, and this paragraph, in particular, shall not be modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved by
written resolution of the City Commission, or if such approval is required by ordinance
or the City Charter, no amendment to this AGREEMENT shall be valid unless approved
by written resolution of the City Commission.
25.0 u Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of
this AGREEMENT or the performance of the Work thereunder.
26.0 Validity of Executed Copies. This AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may
be substituted for male, female or neuter, whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each and every other term and provision of this AGREEMENT
shall be valid and enforceable to the fullest extent permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents,
if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by
the Contract Documents, if any, and this AGREEMENT and the rights and remedies
available to the CITY hereunder, shall be in addition to, and shall not be construed in
any way as a limitation of, any rights and remedies available at law or in equity, by special
guarantee or by other provisions of the Contract Documents, if any, or this
AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this
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AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this AGREEMENT or
hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from
time to time as often as may be deemed expedient.
30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
in exercising any right, power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right, power, or privilege under this AGREEMENT.
No waiver of this AGREEMENT, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission and will only be valid and enforceable
if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver
of any term, condition or provision of this AGREEMENT will not constitute a waiver of
any other term, condition or provision hereof, nor will a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default.
31.0 No Discrimination and Equal Employment: No action shall be taken by the
CONSULTANT, nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basis of race,
creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status,
ethnicity, sexual orientation or physical or mental disability as proscribed by law and
that it will take affirmative action to ensure that such discrimination does not take place.
The CONSULTANT shall comply with the Americans with Disabilities Act and it will
take affirmative action to ensure that such discrimination does not take place. The City
of South Miami's hiring practices strive to comply with -all applicable federal regulations
regarding employment eligibility and employment practices in general. Thus, all
individuals and entities seeking to do work for the CITY are expected to comply with all
applicable laws, governmental requirements and regulations, including the regulations of
the United States Department of Justice pertaining to employment eligibility and
employment practices. By signing this AGREEMENT, the CONSULTANT hereby
certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance
with all applicable regulations and laws governing employment practices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Florida, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in Miami -Dade County, Florida.
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission if such
approval is required by City's Charter, and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is required
by the City's Charter, then the date of approval by City Commission, whichever is
later.
34.0 Third Party Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and effectuate
the intent and purposes of this AGREEMENT.
36.0 Time of 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 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.
OF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DIRTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: mmenendez@southmiamifil.gov; 6130 Sunset
Drive, South Miami, FL 33143.
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
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delivered by hand delivery, e-mail (or similar electronic transmission), facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the
CITY, a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: 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: tpepe5mouthmiamifl.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.
ATT D:
Maria M. Menendez,'C--M�C
City Clerk
c
C ULI' T:
ByR a a, , LE P, Vice President
Stantec Consulting Services Inc.
(Print Name 9bow)
City of South Miami57
By:
.�. rteven Alexander
City Manager
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Read and Approved as to Form, Language,
Legality and Execution thereof.
By:
Thomas F. Pepe, Esq.
City Attorney
stantec
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nn rnr M vtrw M MOC
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professlonal General Engineering and Architectural Servlcee
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 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 Arborlsts Services" will rotate every three (3) months among
the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Professional Services Agreements.
CONSULTANT:
( ari eAmu A, if. P.
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
Thomas F. Pepe, City Attorney
City of South M
By:
c Steven Alexander, City Manager
144
ATTACHMENT A
asCOMPENSATOON a
PROFESSOONAAL SERVICE AGREEMENT
" Profealonal Gena gal Enghnwtng end Arc tectur l Semlc&'
®a6-a2
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Professional General Engineering & Architectural Services RFQ #PW2016-22
Wage Rates Summary
Job Classification
City of South Miami
Benchmark Hourly Rate
Principal
$180.00
Sr. Project Manager
$170.00
Project Manager
$160.00
Senior Engineer
$145.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$95.00
Senior CADD Technician
$100.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$75.00
Senior Landscape Architect
$125.00
Landscape Architect
$115.00
Landscape Architect Intern
$70.00
Arborist
$75.00
Utility Coordinator
$90.00
Surveyor / Mapper
$85.00
Survey Technician
$60.00
2-Man Survey Crew
$115.00
3-Man Survey Crew
$125.00
4-Man Survey Crew
$135.00
Fire Protection Engineer
$90.00
Plumbing Engineer
$90.00
Mechanical Engineer
$90.00
Electrical Engineer
$90.00
Geotechnical Engineer
$120.00
Geologist
$90.00
Environmental Scientist
$85.00
Senior Administrative Assistant
$65.00
Clerical
$45.00
146
ATTACHMENTS
ONSUOAMCE & ONDENNIFOCATO®M REQUIREMENTS
PROFESSBONAL SERVICE AGREEMENT
"ProfeWansO General Engineering and AircIdtacturm@ Servlce$"
1.010 Insumnce
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 oven 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 subcontractor, or by anyone directly or Indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
I. 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 bemuse 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 GeneraEly.--The FIRM shall provide and maintain in force and effect until
all the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as is otherwise specified hereinafter), the Insurance coverage written on
Florida approved forms and as set forth below.
1.012-Workerx' Compensation Insurance at the statutory amount as to all employees in
compliance with the "Workers! Compensation Lave" of the State of Florida including Chapter
440, Florida Statutes, as presently written or hereafter amended. and all applicable federal lawns.
hp6Aof66
Thomas F. Na
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147
In addition, the policies must Include: Employers' Liability at the statutory coverage
amount. The FIRM shallAwther 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
Ilabllity with limits of $ 1,000,000 combined single limit per occurrence and $2,0K000
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 Geneng LIAIIIIX 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 $ZOOO,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, Corpse 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.
1.0 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 Uability and Property Damage Liability. Umbrella
coverage must be afforded an 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 lion -Owned Vehicles
(c) Employers' Non -Ownership
1.016 SUBCOIVTAAC'M, 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 Covemn InsuraQre (Builders' Risk). IF APPLICABLE:
C. In the event that this contract Involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Risk Insurance on buildings and structures, including Vandalism &
Malicious Mischief coverage, while in the course of construction, Including foundations,
additions, attachments and all permanent fixtures belonging to and constituting a part of
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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 M(scallan.eous:
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 explmtlon so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
j G. All deductibles must be declared by the FIRM and must be approved by the CITY. At
r 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 reviews. All policies shall contain a "severability of
interest" or "cross IiabilW' clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the FIRM'S duty to indemnify the City
as provided In this Agreement.
I. Before starting the Work the FIRM shall deliver to the CITY certificates
of such Insurance, acceptable to the CITY, as well as the insurance binder, If one is
Issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the Insurance
agent or broker through whom the policy was obtained. The insurer shall be rated
A.VII or better per A.M. 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 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 MiarW1 becomes legally obligated to pay as damages
because of 'bodily Injury", 'property damage'. or "personal and advertising
injury" and it will provide to the City all of the coverage that is typically provided
under the standard Florida approved forms for commercial general liability
coverage A and coverage B";
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(4) a policy provision or an endorsement with substantially similar provisions as
WOWS:
"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 suns 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 waiting by the city at the city's sole,
absolute and unfettered discretion.
Ondamnffiaation Requ5rament
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 aU 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 then arising out of this Agreement, Incident to it. or
resulting from the performance or non-performance of the Firm's obligations under this
AGREEMENT.
I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, In
connection therewith, including the expense or loss of the CITY and/or its affected
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officers, affiliates employees, successors and assigns, including their attorney's fees, in
the defense of any action in lawn or equity brought against them and arising from the
negligent error, omission, or act of the Firm, its Sub -Contractor or any of their agents,
representatives, employees, or assigns. andfor arising out at or incident to, this
Agreement, or incident to or resulting from the performance or non-performance of
the RnWs 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
dice Firm, CITY In no way assumes or shares responsibility or liability for the acts or
omissions of she
Firer, its contractor/subcontractor or any of their agents. representatives, employees,
or assigns, or anyone acting through or on behalf of them.
K. The Firer has the duty to provide a defense with an attorney or lawn firm approved by
the City of South Nalmi, 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 INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
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EXHIBIT96
P R®PESSB®NAL SEWCE AGREEMENT
"Prohoshmal Genere9 Erlgineeft and Arc hft=uad Services"
RFQNFW201&22
THIS AGREEMENT made and entered into this day of %4 20 by and
bemm the City of South Kano, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through Its City Manager (herelnafther referred to as CITY or
City Manager) and S tkS E>~t �t� F,a t a � t� � who Is authorked to do
business In the Stun of Florida, (hereinafoer referred to as the "COINSULTANT"). In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the followiq terms and conditions:
1.1 A (Notice to Proceed vAll be Issued by the City Manager. or his designee, follwaft
the sling of this AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any elusive rights to perform work on behalf of the Owner
other than the work described In one or more Notice to Proceed (hereinafter
v efim ed to as the "WORK"), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
1.2 The CITY Wees that it wrtil 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 Scathe f Services. TheCONNSULTANT shall perform the work as set foreh In the Scogm
of Services is described In the Notice to Proceed.
3.0 Time for Comte
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the otecudon of this AGREEMENT and shall be completed within
the time set fordo In the Notice to Proceed or other documettt sighed 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 Willing Its part of the AGREEMENT, change of scope of
work or should any other gents beyond the control of the CONSULTANT
render performance of his duties bnpossible.
4.0 Bask, of Compomminm The fees for services of the CONSULTANT shag be
determined by one of the follow ng 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 find sum as
mutually agreed upon by the CITY and the CONSULTANT and if such an
agreement Is reached, it shall be In wrift signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT &
4.2 Hourly rate fee; If there Is no fixed sum or If additional work Is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept; for the services rendered pursuant to this
AGREEMENT, fees In accordance with the hourly rates that shall Include all
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wages, benefits, overhead and profit and that shall be in wridng, signed by the
CONSULTANT and the City Manama and attached hereto as
ATTACHMENT A.
5.0 Paannent and Rarthd BWents. The CITY will malce monthly payments or partial
payments to the CONSULTANT for all authorized WORK WftTm d during the
previous calendar mmhth 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 wail be made 30 days foilovting the receipt of
CONSULTANrs Wake as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Risht of Deeisians. All serolces sha l be performed by the CONSULTANT to the
salon 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 represe®'s decisions upon all claims, question% and disputes shall be
final. conclusive and bbing upon the parties unless such determination is clearly
arbitrary or unreasorebk 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 Manner.
7.0 Ownerahia of D memo. 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 Audtt Rig -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 Nga2Want If the contras amount exceeds the threshold amount provided
In s. 287.017 for category four, the CONSULTANT shall execute a rush -In -negotiation
certificate stating that wage rates and other facaWl unit costs supporting the
compensation are accurate, completA and current at the time of conu2cdn& In such
event; the orl contract price and any additions thereon shall be adjusted to exclude
any significant sums by which the City determines the contract price was Increased due
to Inaccurate. Incomplem or noncurrent wage rates and other factual unit costs. All
such contract adjustments must be made vftin one year following the end of the
contract.
10.0 SubliettloS 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 asIgnment 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 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 assigrhment or
subcontraeting In violation hereof shall he void and unenforceable
11.0 U orized Aftem The employment of unauthorized aliens by the CONSULTANT is
considered, a violation of Fedeml Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unllateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as
well. The CITY reserves the riot at Its discretion, but does not assume the obligation,
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to require proof of valid citizanship or, in the alterninfM 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 be M of the CITY including persons employed by any independent
contractor. By reserving this rWm the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable taws and/or
12.OMmmZ The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona Ode 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 file employee working solely for dw
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
Dabft•
13.0 Terninadon. It Is ecpressly understood and agreed that the CITY may terminne this
AGREEEMENT for any remon or no reason and without penalty by eltlher declining to
Issue Notice to Proceed authorising WORK. or. If a Notice to Proceed Is Issued. CITY
may termhate this AGREEMENT by written notice to CONSULTANT. and In either
event the ClTlrs 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 refimd of any monies paid for any period of tonic for which no work was
perlb
14.0 jam. This AGREEMENT shall remain In force until the end of the term, which Includes
a0 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 demon of the City Manager.
The CITY R�rr ter dmm the contract without cause following 30 days advanced notice
to the CONSULTANT. Howenner, in no event shafl the term emceed five (5) years
following the Issuance of the Notice to Proceed.
15.0 Defau In the event either party fails to comply with the provisions of this
AGREEMENT, the agpieved party may declare the other party In default and notify
the defaulting party In wridng. K CITY is in default. the CONSULTANT will only be
comp v ated for any completed professional services and CONSULTANT shall not
be enticed to any consequential or delay damages. In the event that pardal payment
has been made for such professional services not completed. the CONSULTANT
shag return such mmns 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 Insuranca and Indentniftwon. The CONSULTANT agrees to comply with CITY's
Insurance and IndemnMcadon requirements that are set forth in ATTACHMENT ®.to
this AGREEMENT.
17.0 A rent Not Exciufte. Nothft in this AGREEMENT shall prevent the CITY from
employing outer 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 prornubated .and published municipal, county. state and federal codes.
ordinances, rulm regulations and laws which have a direct bearUlg on the WORK
Involved on this project The CONSULTANT is required to complete and sign all
affidavits, including Public Entity Crones Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CfTrs solicitadon, N any, applicable to this
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AGREEMENT.
19.0 Imo, CONSULTANT shag be responsible for payment of all federal, state, andlor
local taxes related to the Work. inclusive of sales tax if applicable.
20.0 Dula Free Worknkce. CONSULTANT shall comply with CITrs Drug Free Workplace
po0cy which is made a part of this AGREEMENT by reference.
21.0 Indeueedsnt Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to ovate a partnership,
joint venture, or agency relationship between the parties.
22.0 Duda and &WnsWid CONSULTANT arm to provide its services during the
term of this AGREEMENT In aaordance with all applicable brew& rules, regtdadons, and
health and safety standards of the federal, state. and CITY, which may be applicable to
the service behtg provided.
23.0 des and Card CONSULTANT shall secure all necessary business and
licenses at its sole expense prior to executing the AGREEMENT.
24.0 sabre ' Mmiffication. and Ong E&=ThIs AGREEMENT eonadtutes the
entire went of the pwalm Incorporates all the understandings of the parties and
supersedes any prior agreements. understandinip, representation or negoti a% wait n
or oral. This AGREEMENT may not be modified or amended except in wrIft signed
by bath 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 helr% successors
and ;igna. 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 jar Trial• CITY and CONSULTANT lmowrin*, voluntarily and
h tendonally waive any right either may have to a trial by jury in State or Federal Court
pr+oeeedi:ngs in respect to any action, proceeding, lawsult or counterclaim arising out of
this AGENT or the performance of the Work thereunder.
26.0 Valftms o f This AGREEMENT may be executed In several
count arts, each of which shall be construed as an original.
27.0 Rula of Int,erWetation: 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 Immmbft if any term or provision of this AGREEMENT or the application thereof to
any person or circumstance shall, to any extent, be Irr alld or umenfore, the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which it Is held Invalid or unenforceable, shag not
be affected thereby and each and every other term and provision of this AGREEMENT
shag be valid and enforceable to the fullest extent permitted by law.
29.0 Cumukive 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. Oarantees and obligations Imposed upon CONSULTANT by
the Contract Documents, if any, and this AGREEMENT and the rights and remedies
available to the CITY hereundet shall be In addition to, and shall not be construed in
any way as a limitation of, any rights and remedies available at law or In equity. by special
guarantee or by other provisions of the Contract Documents, if any. or this
AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this
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AGREEMENT, or existing In law or In equity, It shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or In equity, shag be mWosive of any
other available remedy or remedies, but mach and every such remedy shag be cumuladve
and shall be In addition to every other remedy given under this AGREEMENT or
hereafter existing at lava or In equity. No delay or on*don 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 rigiht and power may be exercised from
time to time as often as may be deemed expedlent
30.0 Win -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
In Ong any rWm power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right; ponder, 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 exacted by each of the parties to this AGREEMENT. Any waiver
of any =w% condition or provision of this AGREEMENT wig not consdam a waiver of
any other term, condition or provision hered nor will a waiver of any breach of any
turrn condition or provision constitute a waiver of any subsequent or succeeding
breach. The faihme to enforce this AGREEMENT as to any particular breach or default
shag not act as a waiver of any subsequent breach or default
31.0 Na 011scrimhatim uW ftol rnWg== No action shag be taken by the
CONSULTANT, nor win it perrnit any acts or omisslons which result in discrimination
gVinst any person. Including employee or applicant for employment on the basis of race,
creed. color, edmicity, national origin, religion, age, sex, familial status, marital status.
ethnicity, sexual orientation or physical or mental disability as proscribed by law and
that k will take agftrnhadve action to ensure that such discrimination does not take place.
The CONSULTANT shall comply with the Americans with Disabilities Act and It wig
take affirmative action to ensure that such discrimination does not take place. The City
of South Mlamrs 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 Juice 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 lams governing employment pracdees.
32.0 Gavemi g Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Rorlda, with exclusive venue for the resoludon of
any dispute being a court of competent Jurisdiction in Miami -Dade County, Ronda.
33.0 E fective 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 CW/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 itr Renefia It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
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anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and mate
the intent and purposes of this AGREEMENT.
36.0 M= of Essence. Time Is of the essence of this AGREEMENT.
37.0 This AGREEKENT shall not be construed more strongly agahtst either
party herew regardless of who was more responsible for its preparation.
X0 Farce t1 ft e. Neither party hereto shall be in default of Its failure to perform its
moons 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 occurrealca.
39.0 Subaminctlat If allowed by this AGREElY1ENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its subcontractors/subconsultmts
= It is for the acts and ornIssions of people directly employed by It All
su ltants 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" in the subcontract to observe and be bound by
all oNtptions 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 C17Y and the CONWLTANT, 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
nmintdn public records required by the public agency to perform the service; (b) Upon
request from the public agehcy"s custodian of public records, provide the putMc 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
dlisclosed except as authored by law for the duration of the contract term and
fol wMng 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 contra the contractor shall meet all
applicable requirements for mining 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 technoloV
systems of the pub9c agency.
IF THE CONTRACTOR HM QUESTION REGARDING THE
APPLICATION OF CAR 109, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS COST TACT, CONTACT THE CUSTODIAiV OF PUBLIC RECORDS
AT 305-"3-0340; E-nv dl: mmenendez@soutlhr v; 6030 Sunset
®rive, South Miami, FL 33143.
41.0 Notices. Whenever nonce shall be required or permitted herein, It shall be
Pape 56 d
10/13/2016
140
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, R. 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: tRepe(&southmiamifl.gov
To CONSULTANT:
42.0 Corporate AuthoriZ The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have compiled with all applicable legal requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder; and that this AGREEMENT is duly executed and delivered by an authorized
corporate officer, In accordance with such officer's powers to bind the CONSULTANT
hereunder, and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
CONOU L T:n
By: �C !�
�.4010 4!W0RA4. "-
(Print Nair &A e)
A City
Br•-rC.. Br:
;"
aria M2. Menendei,-C P fc,
City Clerk
Page 37 of 66
Therms F. Pepe
10113=16
Steven Alexander
City Manager
158
Raad and Approved as to Forna Unffi ga,
Leahy and Exmdon dwoof.
Thorns F. Pape, EA$
City gray
pap Soof�
142
159
South Miami
11911 nr w WSW th"M
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
The City and CONSULTANT agree that a separate rotational list will be dedicated for work
performed under a continuing professional service contract, as specified in the Scope of
Services, for "Certified 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
tz-
By:ABy:
SIRlydngineering, Inc.
Ignerraita/President
(Name of Signatory)
Read and Approved as to Form, Language,
Legality and Execution thereof:
By.
Thomas F. Pepe, City Attorney
01
l�
South Miami
Alexander, City Manager
160
AT'ACHHENT A
PROFESSIONAL SERVICE AGREEMENT
"ProfmkmW GenoW Enghmm tng anal Aeddftctund Servkmel
NQ s16-22
PAP Sl of 66
mmmm F. plapa
ICIIVIO16
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 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
162
A U 9 ACHMENTA
ONSURANCE & IN®ENNBFICATION REQUIREMENTS
[PROMM SOetCE AG LENT
"Frore"kMA Gear! F.ar91 -ceft MW A i Sereioea"
WQWW2016-22
1.010 Insummm
A Without limiting its liability. the contractor, consultant or consulting firm (hereinafter
referred to as "FIRW with regard to Insurance and Indernnificadon 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
pa formance of the contract with the Cry of South Mlarnk 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 [cable.
0. No Insurance required by the CITY shall be Issued or written by a surplus ones carrier
unless authorhM In writing by the CITY and such authorisation shall be at the CrMs
sole and absolute discretion. The FIRM shall purchase insurance from and shad
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 nay arise out
of or result from the R W s; operations under the Contract and for which the FIRM
may be legally habl% whether such operations be by the FIRM or by a< Subcontractor or
by anyone dtrm* or indirectly employed by any of them, or by anyone for whose acts
any of than may be liable: (a) dalms under workers' compensation, disabl[Ity benefit
and other similar employee benefit acts which are applicable to the Work to be
perforrreed; (b) dainhs for damages because of bodily injury, occdpa Tonal sickness or
lease, or death of the FIRM's employees; (c) claims for damages because of bo ft
injury, sickness or disease, or death of any person other than the FIR1" 1's employees;
(d) claims for damages insured by usual personal Injury liability coverage; (e) claims for
damages, other than to the Work itself, became of injury to or destruction of tangible
property. Including loss of use resulting there from; (Q dakns for damages because of
bodily injury, death of a person or property dame 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 Ekaja Insurance Generallv,-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 spedfied 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 K
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WON]
In addition, the policies must Include Employers' Uabdity at the statutory coverage
amount The FIRM shall further inwre that all of its Subcontractors maintain appropriate levels
of WoHcerr's Compensation Insurance.
1.013 Commercial Comprehemihm Genwal LWlbz Insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of Interest with moss liability provision, and personal injury and property damage
liability with limits of $1.000.000 combined single limit per occurrence and $2,0006000
aBgr+e�te. including:
o Personal Injury: $1.000,000;
o Medical hwarance: $5,= per person;
o Property Damage: $500.000 each occurrence;
1.014 Umbm la CommercW Comprehos Qna o_ LbbilhX Insurance shall be written on a
Florida approved &brat with the same coverage as the primary insurance policy but In the
amount of $1.000,000 per claim and $2,00%000 Annual mate. Coverage must be afforded
on a form no more restrictive than the btest edition of the Comprehensive General Uabllky
policy, without restrictive endorsements. as fled by the Insurance Services Office, and must
Includes
(a) Premises and Operation
(b) Independent Contractors
(c) Products amdlor Completed Operations Hlaxard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(� Broad Form Contractual Coverage applicable to this specific Contract: including any
hold harmless andlor Inds unification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
1.015 RUsIness AuwmdWle WHIM with minimum limits of One Million Dollars
($ I,OOa000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined slrWe limit for Bodily Injury Liability and Property Damage Lkbllity. Umbrella
coverage must be afforded on a form -no more restrictive than the latest edition of the Business
Automobile Llablky policy, without restrictive endorsements, as fled by with the state of
Flora, and must Indude:
(a) Owned Vehicles,
(b) Hired and Non -Owned Vehicles
(c) Employers' Mon -Ownership
1.016 SUBCONTRAC M* 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 d= the Fire and E minded Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word RRM for CITY where applicable.
1.017 Fire and _Extended Coverage Insurance (8lrtiders' RW. IF APPUCABLE
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 bulkbgs and structures. including Vandalism &
Malicious Mischief coverage, while in the course of construction, Utcluding foundations,
additions, attachments and all permanent fixtures belonging to and constituting a pare of
Ptge 61 of"
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148
164
said buildbW or structures. The policy or policies shall also cover machinery, if the cost
of machinery Is Included to the Contract, or if the machinery is located In a budding that
Is being renovated by reason of this contract. The amount of insurance must, at all
dmes, be at least equal to the replacement and actual cash value of the Insured
property. The policy shall be In the tome of the CITY and the Firm. as their Interest
may appear,, and shall also cover the ingests 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 PILS&e US:
F. If ahy notice of cancellation of Insurance or change In coveMe 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 wed In this section and so as to maintain coverage during
the No 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 prom 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
expre* prcvlde 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 bability" mouse without obligation for premium payment of the CITY
as wail as contractual liability provision covering the FIRPTS duty to Indemnify the City
as provided In this Agreement.
I. Belbre starting 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 Insurer shag be rated
A.NII or better per A.M. Beses Key Rating Guide, latest edition and authorized to Issue
Insurance In the State of Florida. Ali Insurance policies must be wrktten on forms
approved by the State of Flom and they must remain in full force and effect for the
duration of the contract period with the CITY. The FIRM nay be required by the CITY,
at its sate discretion, to provide a "certified copy" of the policy (as defined In Article I
of this doc unent) which shag Include the declaration page and all required
endorsements. In addition, the FIRM shall deliver. at the time of delivery of the
Insurance cerdficatei the following endorsements:
(3) a policy provislon or an endorsement with substantially similar provisions as
follows:
"Tire City of South Miami is an additional insured. The insurer shall pay all sums
that the City of South Miami becomes legally obloted 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 R'
Page 62 of 66
Them F. �
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147
165
(4) a policy provision or an endorsement with substantially similar provisions as
folbwx
"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 cerdffed 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 requlrernents, the FIRM shall also provide Professiond Uability
Insurance on a Ronda approved form in the amount of $1.000,000 with deductible per
dalm 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 die FILM its agents, represented dim Sub Contractors
or assigns, or by any person employed or retained by him In connection with this
Agreeawnt. This insurance shall be maintained for Hour years after completion of the
construction and acceptance of any Project covered by this Agreement However, the
FIRM may purchase Specific Project Professional Liabliity Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus Imes carrier unless authored in writing by the city at the city's sole,
absolute and unfettered discretion.
Undemnificadon PAquirement
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 Cn Y'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 damage% dabns, liability, losses,
dalms, demands, suits, fines, judgments or cost and ewes, Including reasonable
attorneys fees, paralegal fees and Investigative costs Incidental there to and incurred
prior to, during or following any I10gadon, mediation, arbitration and at all appellate
levels, which may- be suffered by, or acaved 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 negtigent 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"
rarsttois
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166
officers, affiliates, employees, successors and assigns, inducing their attorney's fees, in
the defense of any action in law or equity brought against them and arising from the
neskent error, omission, or act of the Firm, is 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 fable 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
tfhdr agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the there, 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 responsibIlty or llabihty 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.
IC 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 shalt 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, 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
Pale 64 of"
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5001 SW 74TH COURT, SUITE 201, MIAMI, FLORIDA 33155
TEL: 305.662-BB87 FAX: 305-662.BBSS
WWW.SRS-CORP.COM ES-00007377
November 25, 2020
Mr. Aurelio J. Carmenates, P.E.
capital Improvement Project Manager
amity of South Miami
Public Works Engineering & Construction Division
4795 SW 75th Avenue
Miami, FL 33155
Re: City of South Miami
SW 84th Street Landscaping 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 City of South Miami requested a fee proposal to provide design (conceptual through
construction documents) and limited construction phase services for landscaping improvements
to the median of SW 84" Street between SW 571" Road and SW 591" Avenue (excluding the Traffic
Circles). We understand that the City wishes to add an entry sign (by others) with landscaping
surrounding at Red Road and to improve the trees in the median - removing the bottle brush trees
and replacing with Poinciana trees. The City would like to consider alternative groundcover under
the large established trees as well.
SRS Engineering shall provide Project administration and contract management including
attending meetings with City and Curtis + Rogers Design Studio, Inc. establishing scope of work,
review project deliverable for adherence to scope and City's concerns.
Landscaping Design
Curtis + Rogers Design Studio, Inc. (C+R) will be providing landscaping design and construction
phase services including preparation the initial conceptual and schematic plans that will be
presented to the City of South Miami for review and approval. Following the approval process
they will develop construction documents that will be used for bidding and construction of the
proposed improvements. Our team will also have a responsibility to oversee the construction
stage of the planting.
The anticipated scope of work includes design, preparation of a complete set of biddable
construction documents, technical specifications and the preparation of the engineer's estimate
of probable construction cost, constructability review, and complete dry run of permit process.
Please see attached fee proposal letter from Curtis + Rogers Design Studio, Inc. for additional
detailed scope of services.
November 25, 2020
Page 2
Topographic and Tree Survey
SRS shall provide to C+R a copy (in CAD and PDF) of the topographical and tree survey prepared
for Area K Sanitary Sewer Improvement project to be used on this project. SRS shall also include
utility information obtained during the Area K project for additional information.
Deliverables: Topographical Survey
SUBCONSULTANTS
The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation
of the work outline above.
Curtis + Rogers Design Studio, Inc. (C+R) (Landscape Architect)
SCHEDULE OF WORK - TIME OF PERFORMANCE
The work will commence upon receipt of a signed Work Authorization and be completed within
one (1) months depending on the availability of agencies to coordinate. Ten days after the work
is authorized, a design schedule for review and approval will be submitted.
ACCEPTANCE
This proposal and fee schedules are based on the acceptance within thirty (30) days of the date
of preparation. If not accepted by you within that time period, we reserve the right to re-evaluate
the terms and conditions contained herein.
ACCEPTANCE OF PROPOSAL
We would expect to commence our services promptly after receipt of your acceptance of this
proposal.
COMPENSATION
Our Engineering Fees for the above described Basic Services will be a lump sum amount shown
below. Payment will be based on monthly invoicing as a percentage of completion of work.
Our Engineering Fees are as follows:
Project Coordination and Administration (SRS)
LandscapingDesign(C+R).................................
Topographical Survey (Hadonne Corp.) ............
Total.....................................................................
................. $ 2,000.00
................. $ 7,970.00
........................ 0.00
................. $ 9.970.00
169
November 25, 2020
Page 3
This Proposal and our City Agreement with the City represents the entire understanding between
the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be
modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute
the original of this Agreement where indicated below and return to our office.
Ve trul yours,
0
Serralta, P.E.
I have read the foregoing Letter of Agreement and agree to all terms and conditions stated
therein.
Accepted this day of 2020
City of South Miami
M
Title:
170
i S
D6NEERIN. 1.1
ENGINEERING COST BREAKDOWN
City of South Miami
SW 84th Street Landscaping Improvements
DATE 1192020
ACTIVITY
BY GRG
PRINCIPAL
SR. PROD. NOR
SR. ENGINEER
ENGINEER
CAD TECH
CLERICAL
TOTAL
TOTAL
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HRS
RATE
HOURS
COST
Contmot Support Senores
$180.00
5150.00
$125.00
S90.00
S65.00
S45.00
Prcjem AtlmnisMon aeM CoordnaWn Mh City end Consuffnts
2
5190.00
$150.00
$125.00
$90.00
SSS.110
4
U&M
12
St MU.00
Prepamon of Survey Rase Plan
S180.00
2
S150.00
$125.00
$90.00
4
S65A0
S45.00
6
S560.00
TOTAL
2
50.00
8
80.00
0
50.00
0
30.00
4
30.00
4
50.00
18
$2.000.00
AC WBY OTHERS
DESCRIPTION
COST
Curt. .R en Des nStudio
Landawe Ammfecfure
S7.970.00
TOTAL =
S7.970.00
ACTIVITIES BY SRS(Salades) $2.000 X 1.00 51M.00
ACTIVITIES BY OTHERS S7 970.00
Es!ne1M OUT OF POCHET EXPENSES lnr dm0 mpmdu=n costs and pemttind lees, off,
TOTAL THIS PROPOSAL = $9,970.00
171
October 20, 2020
City of South Miami
Re: SW 84th Street Improvements
Curtis + Rogers Design Studio (C+R) is pleased to present this proposal
to provide design (conceptual through construction documents) and construction
C U R T I S
overseeing for improvements to the median of SW 84th Street between SW 57th
Road and SW 59th Avenue (excluding the Traffic Circles). We understand that the
ROGERS
City wishes to add an entry sign with landscaping surrounding at Red Road and to
D E S I G N
improve the trees in the median - removing the bottle brush trees and replacing with
S T U D 1 O
Poinciana trees. The City would like to consider alternative groundcover under the large
established trees as well.
I N C.
We understand our role as Landscape Architects will be to prepare the initial conceptual
and schematic plans that will be presented to the City of South Miami for review
Landscape
and approval. Following the approval process our team would continue to develop
Arc , i t e c t u r e
construction documents that will be used for bidding and construction of the proposed
improvements. Our team will also have a responsibility to oversee the construction
stage of the planting. Our detailed scope of services will include the following:
SCOPE OF SERVICES:
Task 1 : Schematic & Design Development
A. C+R Team will review site conditions and assess the existing trees for damage
or health issues. C+R Arborist will create a report of the trees that are desired to be
removed that includes their conditions and photographs.
B. C+R will develop a conceptual plan for the City's review and comment, that will
7520
include calculations for mitigation for the trees proposed to be removed, and what will
S R E D
be required to meet this mitigation.
R O A D
C. We assume that we will receive full survey information in digital format from
S U I T E M
surveyors.
S O U T H
Task 2: Construction Documents
The intended design will be further developed into a set of documents which will
M I A M I
be sufficient for permitting. The documents will be in sufficient detail that issues of
FLORIDA
materials, quantities, quality and cost can be identified. Submittals will be prepared at
3 3 1 4 3
50% & 100% for permitting and once permit comments are incorporated the 100% set
TELEPHONE
will be compiled into the BID SET.
A. The deliverables for each submittal will be as follow:
3 0 5 14 2-1 7 7 4
• Tree Disposition Plan (calculate mitigation), Planting Plan (provide as much
FACSIMILE
mitigation as possible on -site, and advise City if there is a deficit) NOTE: This
3 054 4 5-9 4 8 8
proposal does not include planting plans in any other location in the City - should it
LIC LC 000241
172
be determined that mitigation off -site is required, additional services shall be required.
• Specification and installation notes will be incorporated into the plans.
• Estimate of probable cost
B. Permitting (Dry run): Submit plans for permitting by appropriate agencies. Meet with necessary
reviewers to get input, revised documents and make clarifications to details and drawings to solve minor issues
related to code compliance and approvals.
Task 3: Bidding:
Compile all comments from permitting effort and conform drawings into a bid set for issuing to bidders.
We assume the City of South Miami will have the primary responsibility for bidding the documents — inclusive
of the development of the "front end" general conditions of the project. C+R will assist the City of South Miami
in any particulars related to the project and provide assistance such as responding to bidders questions and
issuing addendums as needed
Task 4: Construction Phase Services
The Construction Phase will begin with the issuance of the Notice to Proceed to the chosen Contractor
and will end 30 days after issuance of the Substantial Completion Punch List. Contractor provided documents
shall be submitted to C+R within 21 days of issuance of Substantial Completion. C+R will provide to the
City of South Miami all post construction documents, including C+R's record drawings; Contractor provided
warranties, guarantees, operational manuals, Certificate(s) of Occupancy, and approved shop drawing
submittals.
C+R, as the representative of the City of South Miami during the Construction Phase, shall advise and
consult with the City of South Miami and shall have the authority to act on behalf of the City of South Miami to
the extent provided in the General Conditions and the Supplementary Conditions of the construction contract
and their Agreement with the City of South Miami.
C+R shall visit the site as needed to participate in Construction Progress Meetings and to conduct field
observations, for a -month construction duration (3 visits/meetings), to ascertain the progress of the Project
and observe compliance with the Contract Documents. Should the construction period extend beyond 3
months — additional meetings will be in addition to the basic services covered in this proposal.
Our services do not include preparing design solutions or site visits for the purpose of correcting non-
conforming construction work. This work will be considered Additional Services. We will advise you if this
situation arises and request proper compensation, which should be reimbursed to the City of South Miami by
the Contractor.
This proposal does not include work by C+R to make extensive inspections or provide continuous daily
on -site inspections to check the quality or quantity of the Work unless otherwise requested by the City of South
Miami as an Additional Service. C+R will not be held responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions and programs in connection with the Work. The C+R will
173
not be held responsible for the Contractor's or sub- contractors', or any of their agents' or employees' failure
to perform the work in accordance with the contract unless such failure of performance results from the C+R's
acts or omissions.
EXCLUSIONS: This proposal does not cover any hardscape or irrigation plans, should those be desired/
necessary additional services shall be required. This proposal does not include any renderings or color plans,
should .hose be desired/necessary additional services shall be required.
COMPENSATION
We propose to do the entire work effort, for a lump sum of $ 7,970. Attached please find hourly derivation, we
used to arrive at the lump sum fee for your use.
1. Concept and Schematic Design $2,880
3. Construction Documents (50-100% Submittals) & Permitting $3,060
4. Bidding $680
5. Construction Phase Services $1,350
Additional Services —Additional services which are not covered by items identified above will be
undertaken upon your approval and will be based on a previously negotiated fee or in and time and material
basis in accordance with the rates stipulated below:
Principal $ 180/hr.; Senior Lands Architect: $ 125/hr.; Landscape Architect $ 115/hr.;
Landscape Intern $ 70/hr.
Expenses such as printing for internal coordination, postage, and couriers are included in the above
fees. Alternatively, we will provide hard or digital copies of the documents, for reproduction. If multiple copies
are requested these would be billed separately, at cost.
Sincerely,
Jennie Rogers, Principal
RLA FL LA6667093
ittl
Project SW Nth Street Median
Project No:
Date: 11/17/202O
Estimated b, Jennie Rogers
lobmnlButhr.
Staff Name:
Npurl9 Rate:
Pdndpal
Jennie Rogers
$1EO.w
Senlor land Arch
Ralph
$125.w
Sand Arc
Ruben
S115.00
h
$95.Do
XLli
Sand Arch Intent
Maine Persevere
S70.00
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lenme
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Cost/A[tivitY
Schemauc Design -meetings&sketches
E
5360.00
8
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8
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8
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51,500.00
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Total Staff Hiner,
16
26
16
11
TOIaI Stall Cost
$I,ECO.ED
$3.250w
$1,BEa.m
$BGa.w
S].92aw
atal %of Work W Posmon
SUBTOTAL ESTIMATED PEE 57,97000
Subro sullant'.
Submnsullant
Submnsullant:
SubcomuMat
SUBTOTAL ESTIMATED SEE: 57,970w
AddiDOnal Sermces l AMwancej
Reimbursable, j AllOwancal
TOTAL ESTIMATED PEE: S7,970,00