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Res No 119-21-15739RESOLUTION NO. .1,19 _21-15 7 3 9 A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for Phase II design of a new community building at Dante Fascell Park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, and as the next firm listed in the City's rotation, City staff desires to engage SRS Engineering, Inc. ("SRS") for Phase II design of a new community building at Dante Fascell Park; and WHEREAS, the Mayor and City Commission passed and adopted Resolution #011-21- 15631 regarding initial data collection documents and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park; and WHEREAS, the purpose for the initial process, Phase I, was to collect and analyze data, review concepts, and preliminary construction costs to determine the desired facilities and layout at the park. Furthermore, this initial process allowed staff to determine applicable professional A/E design fees for future services related to this project; and WHEREAS, initial data collection and concept plans —attached schemes A & B—illustrate that additional tennis courts and parking infrastructure will not only reduce existing green space at the park, but will also dramatically alter the park's physical characteristics, landscape and programming, as well as adversely affect adjacent residents and businesses; and WHEREAS, after further review and consideration, City staff recommends proceeding with the design of a new community facility only; and WHEREAS, the proposal/contract amount shall not to exceed $159,776.57. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to instruct and pay SRS Engineering, Inc. to provide complete construction documents for Phase II design of a new community building at Dante Fascell Park. The total expenditure for the work shall not exceed $159,776.57 and shall be charged to account number 301-2000-572-6450, which has a balance of $1,943,000 before this request was made. Pagel of 2 Res. No. 119-21-15739 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 will not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 511 day of October, 2021. ATTEST: APPROVED: CITY " ERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: October 5, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for Phase II design of a new community building at Dante Fascell Park. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Memo -Facility Design -Phase Il.docx Reso-Facility_Design-Phase_II CArev.docx Resolution #011-21-15631.pdf SRS Design Proposal -Phase Il.pdf Dante Fascell SCHEME A.pdf Dante Facell SCHEME B.pdf SRS Professional Service Agreement.pdf SoutTOk Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: October 5, 2021 SUBJECT: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for Phase II design of a new community building at Dante Fascell Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, and as the next firm listed in the City's rotation, City staff desires to engage SRS Engineering, Inc. ("SRS") for Phase II design of a new community building at Dante Fascell Park. The Mayor and City Commission passed and adopted Resolution #011-21- 15631 regarding initial data collection documents (i.e. field investigations, surveying and mapping, elevations, geotechnical engineering, tree survey reports and maps) and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park. The purpose for the initial process, Phase I, was to collect and analyze data, review concepts, and preliminary construction costs to determine the desired facilities and layout at the park. Furthermore, this initial process allowed staff to determine applicable professional A/E design fees for future services related to this project. Initial data collection and concept plans —attached schemes A & B— illustrate that additional tennis courts and parking infrastructure will not only reduce existing green space at the park, but will also dramatically alter the park's physical characteristics, landscape and programming, as well as adversely affect adjacent residents and businesses. After further review and consideration, City staff recommends proceeding with the design of a new community facility only. The existing aging building possess operational shortcomings and arguably no longer meets the community's needs. There is no indoor program space for youth tennis participants; very minimum shelter available for participants during inclement weather; and, there are no showers available for tennis guests. E e ) CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING The proposed community building is one-story, approximately 3132 square feet. The facility features a multipurpose room, concession service area, public restroom facilities, shower and locker room facilities for tennis guests, storage facilities, and an office space. EXPENSE & ACCOUNT: The total expenditure in the amount of $159,776.57 shall be charged to account number 301-2000-572-6450, which has a balance of $1,943,000 before this request was made. ATTACHMENTS: Resolution Resolution #011-21-15631 Phase II Design Proposal—SRS Engineering, Inc. Initial Concept — Phase I — Scheme A Initial Concept — Phase I - Scheme B SRS Professional Service Agreement 3 RESOLUTION NO.: 011-21-15631 A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage SRS Engineering, Inc. ("SRS") to provide initial data collection documents (i.e. field investigations, surveying and mopping, elevations, geotechnical engineering, tree survey reports and mops) and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park; and WHEREAS, the purpose for this initial process is to collect and analyze data, review multiple concepts and preliminary construction costs for each concept to determine the desired facilities and layout at the park; and WHEREAS, furthermore, this initial process allows staff to determine applicable professional a/e design fees for future services related to this project; and WHEREAS, upon completion of the initial design phase, staff will submit a final a/e design proposal for City Commission review pertaining to the development of complete construction documents; and WHEREAS, the proposal/contract amount shall not exceed $30,800. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 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 authorized to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. The total expenditure shall not exceed $30,800 and charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $805,485 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. Page 1 of 2 1 Res. No. 011-21-15631 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 S. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 19th day of January, 2021. ATTEST: APPROVED: 0."Z2 CITY C RK MAYOR READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF i� ATTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 r] Agenda Item No:5. City Commission Agenda Item Report Meeting Date: January 19, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Memo -Facility & Court Design.docx Resolution -Facility & Court Design.docx SRS Proposal.pdf SRS Professional Service Agreement.pdf 1 8 CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM THE CrY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 19, 2021 SUBJECT: A Resolution authorizing the City Manager to procure professional services from SRS Engineering, Inc. for initial data collection and concept plans regarding a new community building and additional tennis court improvements at Dante Fascell Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage SRS Engineering, Inc. ("SRS") for initial data collection documents (i.e. field investigations, surveying and mapping, elevations, geotechnical engineering, tree survey reports and maps) and concept plans for a new community building and additional tennis clay court improvements at Dante Fascell Park. The purpose for this initial process is to collect and analyze data, review multiple concepts and preliminary construction costs for each concept to determine the desired facilities and layout at the park. Furthermore, this initial process allows staff to determine applicable professional a/e design fees for future services related to this project. Upon completion of the initial phase, staff will submit a final a/e design proposal for City Commission review pertaining to the development complete construction documents. EXPENSE: Amount not to exceed $30,800. ACCOUNT: The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $805,485 before this request was made. ATTACHMENTS: Resolution Proposal — SRS Engineering, Inc. SRS Professional Service Agreement 29 5001 SW 74Ti COURT, SUITE 201, MIAMI. FLU RIOA 33155 TEL: 305-652-8687 FAX: 305-662-B85B WWW.SRS-CORP.COM EB-00007317 January 12, 2021 Mr. Quentin Pough, CPRP, CPSI Director, Parks & Recreation Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami Dante Fascell Park New Community Building and Clay Tennis Courts Dear Mr. Pough, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. The Scope of Work as we understand it at the present time will consist of the preparation of schematic site plans and program for the construction of improvements to Dante Fascell Park located on Red Road and SW 87th Street. Proposed improvements include new community building and 2 to 4 additional tennis courts. All work shall be in accordance with the accepted practices and design standards of the City of South Miami, Miami -Dade County and local regulatory agencies. This work will include the following: Program/Master Plan Package 1. Provide Project Administration services, including attending meetings and coordination with City Staff and Team Consultants (Architect, Landscape Architect, Geotechnical and Surveyor) to discuss project and City requirements 2. Conduct site visit and field investigations as needed for design. 3. Research of existing utilities records and "As -Built' drawings within the project area. 4. Prepare base plans from survey information and incorporating utility as -built information. 5. Assist the Project Architect with the preparation of 3 or 4 schematic site plans to present to City for approval. 6. Attend meeting with City Staff to present schematic site plans for review and comments. 7. A fee proposal for preparation of construction documents shall be prepared once an ultimate site plan is selected and the program scope is determined. F 10 January 12, 2021 Page 2 SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outline above. Please see attached consultant's fee proposals for additional information. • Laura M. Perez and Associates, Inc. (Architect) • Curtis + Roger Design Studio (Landscape Architecture) • Suarez Surveying and Mapping (Surveying and Mapping) • NELCO Testing and Engineering Services, Inc. (Geotechnical Engineering) Architectural Services SRS shall contract and coordinate with Laura M. Perez and Associates, Inc. to provide Architectural services as needed for the preparation of the Program/Master Plan Package including: • Conduct site visits to observe existing conditions • Prepare program/master plan including 3 or 4 schemes for the building and site plan area. • LMP and team will review the site assessment and alternatives schemes with City representatives and proceed to develop Schematic Design. • Preliminary construction costs estimates shall also be provided for each of the schemes. Deliverables: Schematic and Master Plan Package. Landscape Architectural Services SRS shall contract and coordinate with Curtis + Roger Design Studio to provide Landscape Architectural services as needed for the design including: • Review site conditions and evaluate existing trees. Trees will be evaluated by an arborist for their condition — and recommendations to retain, remove or relocate will be made. An arborist report will be submitted. • Prepare up to 4 site accommodation studies — showing the desired program on the site and documenting impacts, pros and cons of each study. • Attend meeting with City staff to review accommodation studies and receive input. Deliverables: Schematic and Master Plan Package/landscaping accommodation studies; and Arborist Report. Topographic Site Survey SRS shall contract and coordinate with Suarez Surveying and Mapping (to prepare an updated topographic and tree survey as needed for the design including: • Update the Boundary Survey to a Boundary and Topographic Survey and add Trees to the Survey Deliverables: Topographical Survey January 12, 2021 Page 3 Geotechnical Investigations SRS shall contract and coordinate with Nelco Testing and Engineering Services, Inc to conduct geotechnical explorations and analysis as required for the design Including: • 3 Standard Penetration Test Barings, (15 feet deep) • 3 Percolation Tests (SFWMD 15 feet deep) • Geotechnical Report with Foundation Recommendations. • Public Utility Location/Layout Coordination. • Drill Rig/Equipment /Personnel Mobilization Deliverables: COMPENSATION Geotechnical Report Our Engineering Fees for the above -described Basic Services will be a lump sum amount of THIRTY -THOUSAND and EIGHT -HUNDRED DOLLARS ($30,800.00). Please see fee breakdown below. It does not include plan review or permitting fees. Payment will be based on monthly invoicing as a percentage of completion of work. Topographical Survey (Suarez Surveying and Mapping) ............................ $ 6,500.00 Geotechnical Services (NELCO)................................................................... $ 2,100.00 Architectural Services (Laura M. Perez and Associates, Inc.) .................... $ 7,690.00 Landscape Architectural Services (Curtis + Roger Design Studio)............ $ 6,500.00 Civil Engineering and Project Management Services (SRS)....................... $7,960.00 TOTAL........................................................................................................... $ 30,800.00 We would expect to commence our services promptly after receipt of your acceptance of this proposal and approval of the purchase order. This Proposal and our Agreement with the City represents the entire understanding between the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute the original of this Agreement where indicated below and return to our office. Very truly ours, I have read the foregoing Letter of Agreement and agree to n� all terms and conditions stated therein. Accepted this day of 2020 gnacio erralta, P.E. Presi nt City of South Miami By: Title: i ..............._........... ............. ......... I .... ............ ............. _ ...... .. ................................. _......... ............... . .. LAURA M. PEREZ & ASSOCIATES,INC. :ARCHITECTS -PLANNERS- INTERIOR DESINGERS LIC. AA-CODIB64: ....;......:.....:............:............: ,.....__....;....................................... ........._............... i...... .... ... ..._ _.... �.........._;.__ December 21, 2020 Mr. Ignacio Senalta SRS Engineering 7000 SW 97 Avenue #210 Miami, Florida 33173 Re: City Of South Miami (Dante Fascell Park) Tennis Courts and building Dear Ignacio, The firm of Laura M. Perez and Associates, Inc. (LMP) is pleased to submit this fee proposal to provide Architectural services for the referenced project. Based on our site meeting it is our understanding that that the owner would like to add two tennis courts and field house building. As discussed we are first to provide a program / master plan package which will include 3 or 4 schemes for the building and site plan of the area. We will need a detailed survey of the area as well as boring results in order to properly locate both the building and the tennis courts. Total Architectural Fee $7,590. (see attached fee breakdown) The following services are not included in our fee. Civil, MEP, Structural, Geotechnical and surveyor If you have any questions or require additional information please do not hesitate to contract our office. Sincerely, Laura M. Perez and Associates, Inc. _aura Perez, President -:0 1 K. N. Tih ,, T P. E E't:.iF W I ,L l., n 13 LAURA M. PEREZ & ASSOCIATES, INC. FEE PROPOSAL FOR DANTE FASCELL PARK PROGRAM / MASTER PLAN FOR TENNIS COURTS AND BUILDING 1) Program and preliminary design Description Hours Rate Total Principal 2 $180.00 $360 Project Architect/Manager Site Visit 4 $150.00 $600 Current condition photos/plan 4 $150.00 $600 Preliminary layout 12 $150.00 $1,800 Coordination with owner / Engineers 4 $150.00 $600 Staff Architect 10 $90.00 $900 CARD / Photo plan 24 $75.00 $1,800 Estimator 6 $125.00 $750 Clerical 4 $45.00 $180 $7,590 9 14 A IVEULr'O+rl TESTING G ENGINEERING SERVICES INC. Letter of Proposal December 2311, 2020 SRS Engineering, Inc. 5001 SW 741, Court, Suite 201 Miami, Florida 33155 Attention: Ignacio Serralta, P.E. Reference: Dante Fascell Park Community Building and Tennis Courts 8600 SW 57° Avenue South Miami, Florida Folio No. 094036-000-0600 Thank you for requesting a proposal for our services at the above referenced project. We hereby propose to perform the following: 3 Standard Penetration Test Borings (15 feet deep) r@$150.00 each---------- $ 450.00 Geotechnical Report with Foundation Recommendations --- — S 350.00 3 Percolation Tests (per SF WMD - 15 feet deep) Q $300.00 each $ 900.00 Public Utility Location/Layout Coordination---------------------------$ 200.00 Drill Rig/Equipment /Personnel Mobilization-----------------------$ 200.00 (Standard fee of $ 200.00 per day/per trip) Total Amount-------------$2,100.00 - Please note site is to be accessible for entry & performance or work. Any clewing necessary is to be performed by others. This proposal is based on site being accessible with truck -mounted drilling equipment. - Net Pay: 30 Days Y I111:4 Canducdng the above referenced tests involves driving a henry imck-maimed drill rig or the mobilization of odwr henry drilling equipment (i.e. tri-pod) into the property. and drilling holes into the ground. IVe will not assume responsibility for damage to privately owned underground aittties (such as sprinklers. street lighting, eir.), septic tanks or other underground structures which may resuh fmm drilling activities or mobilization of dni ing equipment if not idenitfiedprior to mobilization to the site. IVe will also not be responsible to damage oflmrn or soft ground which may nesuhfmm the use or movement ofthis equipment on die propery. Die information contained in this document is intended to be wed as a proposal of project specific fees as requested. based on information given and intended for the explicit we of the client. It shall remain confidential - disclostor of any kind to third ponies for my purpose is stric1b forbidden. Nelco Testing and Engineering Services, Inc. is pleased to assist you with this project. if you have any questions or need further assistance, please call us at (305) 259-9779. Respectfully Submitted, Nelco Testing and Engineering Services, Inc. . sses Batista, President ACCEPTANCE OF PROPOSAL Signature Date 13370 SW 1310 Street, Suite 105, Miami, FL. 33186 (305) 259-9779 Certified DBE, CBE, and SBE with Miami -Dade, and MBE (State of Florida) 12 y wsvw.NelcoTestine.cnm // NelcolQ�bellsouth.net 15 City of South Miami Dante Fascell Park New Community Building and Tennis Courts - Program/Master Plan DATE: 1162021 ACTIInfY BY SRS PRINCIPAL SR. PROD. MGR SR. ENGINEER ENGINEER CAD TECH CLERICAL TOTAL TOTAL HRS RATE HRS I RATE HRS RATE HRS RATE HRS RATE HRS RATE HOURS COST $180.00 $150,00 $125,00 69D.00 $65.00 S45.00 General Pnject Management 2 MOM 4 S150.00 $125M S9D.00 S55.OD 2 S45.00 a S1,050.00 Coordination with Subconsueants $180.00 4 S150.00 2 $125.0D $90.00 385.00 S45.00 6 SB50A0 Conduct Uifity Search and Initial site visit SISDOD S15000 3 5125.00 3 S90.00 365.00 S45.00 6 S545,00 Preparation of Base Plan $180.00 S150.00 1 $125.00 2 $90.DO 4 S65.OD $45.00 7 S565AD Assist in Preparation of Schematic Site Plans slaaw 2 5150.00 2 S12500 B $90.00 4 S65.00 S45.00 16 S1.530.00 Prepare CrAllSite Const. Cost Estimate $18000 S1S0.00 2 S125.00 4 S90.00 565.00 $45.00 6 S610.00 Submit and Attend Meeting with City and Subconsultants 3 $18000 4 SI50,00 $125.00 S90.00 565.00 S45A0 7 51,140.o0 Revisions to Prog2mlMaster Plan and req,�hmmhd to City 2 $160.00 3 $150.00 4 $126,00 39BM 4 365.00 $45.00 13 $1.570.00 TOTAL 5 $180.00 13 1$150,00 14 5125.00 17 590.00 12 $65.00 0 S4601) w S7,9stuto ACTIATY 6YOTHERs DESCRIPTION COST Suaez SurmyrQ T S SSSMOD NELCO TnWQ aM Engineering Sarvkns. lnc GeotoWmaiNamNtionT"M S2.10D.00 Lava Perez"Auo.. Inc. ArdMe4L+sl Deur S7590.00 C A+Rpgm Design Studio. Inc Land.ArM4edve end ArbotLst S6.500.00 TOTAL $22.690.00 ACTNIT d BY SRS(SAMnes) _ $7.960 % 100 S7,95000 ACTNIT BY OTHERS S22.690.00 E51� aloe OUT OF POCKET EXPENSES including reproduction costs,e1c. $150.00 TOTAL THIS PROPOSAL = $30.800.00 1:16 Professional General Engineering & Architectural Services RFQ #PVW2016-22 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 $85.0D 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 $11S.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 EXHIBIT in PROFESSIONAL. SERVOCE AGREEMENT "Pnfessiooal Germ®rag Engineering and ArchftectuM Zemloes" THIS AGREEMENT made and entered into this j day of 4420 by and between the City of South Miami, a munidp@ corporation (hereinafter refa rred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY or ` It.,er) and S (kS �tS 61 W�FW �L� r6 L M who 1s authorlad to do business In the State of Ronda. lidw referred to as the "CONSULTANT1. In ooroiderad of the premises and the mutual covenants contained In this AGREEMENT, the parties to the following terms and conditions: 1.1 A Notice to Proceed will be issued by the City Manager, or his dedgee% following the wing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exchain rots to perform work on behalf of the Owner other then the work described In one or more Notice to Proceed (heralnaf w rW6rmd to as the 'WOW). nor does it obligate the Owner in any nanner to guarantee work for the CONSULTANT. 1.2 The CITY aEgrees treat 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 wrimen request of the CONSULTANT. 2.0 &M of Sugm& The CONSULTANT shall Barb= the work as sst forth In dw Scone of Smdm as described in *a Notice to Proceed. 3.0 11mg for Common 3.1 The mvices to be tendered by the CONSULTANT for any WORK shall be eommmwed upon receipt of a written Notice to Proceed from the CITY --a- uent to the wamtion of this AGREEOIEIT 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 acendan of time will be granted In the event theme 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 gents beyond the control of the CONSULTANT render performance of his dudes impossible. 4.0 bib of Corm The fees for services of the CONSULTANT shag 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 tined sun: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CRY and the CONSULTANT and if such an agreement Is reached. It shall be In wsritirig, signed by the CONSULTANT and the City {tanager and attached hereto as ATTACHMENT Hourly rate tee: If there is no fawd sum or if additional work Is requested without an agreement as to a fisted suns, the CITY agrees to pay. and the CONSULTANT agrees to accept, for the services rendered pursuant to ft AGREEMENT. fees In accordance vAth the hourly rates that shag Include all Pap st of 66 -rhmn P. ftpo 10112=16 ass 1� 18 woes, benefits, overhead and profs¢ and that shall be In writing signed by the CONSULTANT and the City Manager and attached hereto as ATTACH1EWA. 5.0B== and Par1W Pine=, The CITY will Halos monthly payments or partial payments to she CONSULTANT for all authorised WORK fined during the previous calendar month as set forth in the schedule of payment as set forth in AITACHNIENT A or. It no schedule of payment ouhibit Is attached to this AGREEMENT then payment will be made 30 days fo0owing the recelpt of CONSULTANT's Invoice as the work processes but only for the work awjdly performed and approved In wrift by the City Manager. 6.0 RdLof 02ddm All serer shall be performed by the CONSULTANT to the won of the CITrs who shati decMe all questions, difflcuhles and disputes of whamer more which, may arise under or by reason of this AGREEMENT, the prosecution and Uffil rent of the services and the character, qwft, amaune and value. The rep esenta"s decisions upon an claims, quesdans, and disputes shall be fitral, conclusive and bWng upon the parties unless such determInadon Is clearly arbitrary► or unraasonal& In the am that the CONSULTANT does not concur in the judgnent of the .epr+esentadve as to any decisions nede by him. CONSULTANT shall presenttt en moons to the City Per and shall abide by the decision of the 7.0 Qom, ysg, Daeunna All reports and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGRE0ENT shall become the propwW of the CITY without restriction or bbnitadon. 8.0 Auck s. The CITY reserves the right to audit the records of the CONSULTANT rid to this AGREEMENT at any time during the ancution of the WORK and for a period of one year aUrr 0nai payment is rnade. This provision is applicable only to prooets that are on a time and cost basis. 9.0 Truth�t a onr If the contract amount exceeds the t uvAold amount provided In L 287.017 for campry four, the CONSULTANT "I exw= a trait-l"agotiation certificate sift that wage rates and other factud unit costs supporting the tom n are accurate. complete, and current at the time of eanu actin& In such wef %the oral contract price and any additions thereto shag be adjusted to exclude any sigtriRtant sums by %ldch site City deterndnes the contmet price was Increased due to inacarrate, incomplem or noncurrent wage rates and other factual unit costs. All such contact adjustments must be made within one year follow bW the end of the contract. 10.0 SAhMniL The CONSULTANT shag not assign or transfer its rigltrs under this AGREEMENT without she express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent m the assignment of the CONSULTANT's rights. The CITY may, in Its sole discretion, allow the CONSULTANT to asdSn Its dudes, oblations and responsibilides provided the assignee meets all of the CTTrs requ1 1 warts to the CTTY's sole sawn. The CONSULTANT shall not vAoontract this AGREEMENT or any of the services to be provided by It without prior wren consent of the CITY. Any asstpment or subeonuncdng In violation hereof shall be void and unenforceable 11.0 U dmd Agenr, The employment of unauthorized alleys by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT lmowingi)r employs unauthorized aliens, such violation mall be cause for unilateral canaeitation of this AGREEMENT. This applies to any sub -CONSULTANT: used by the CONSULTANT as well. The CITY reserves the right at its discmdon, but does not assume the obtlpdon. P$ga 33 of 68 Thmm P. F"o 1011=16 138 I9 to require proof of valid citizenship or. In the alternattve. 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 dw CITY including persons employed by any independent contimmor. By reserving this right, the CITY does not assume any ob11$ation or ty to enforce or ensure compliance with the applicable km and/or regulaftnL 12-OWarM. The CONSULTANT warrants that it has not employed or retained any company or person` other than a bona ids 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 woridng solely for the CONSULTANT any fee, commission, penoentqe fee, gifts or any otter considerations condngerrt upon or resulting from the award or mal ft of this contract For breach or violation of this warranty, the CITY shall have the right to annul this contract without llab ft 13.0 Tin. h Is eat rmly understood and agreed dw the CITY my terminate this AGREEEMENT for any reason or no reason and without penaky by etther declining to Issue Notice to proceed authorizing WORK. or, If a Notice to Proceed Is Issued CITY may terminate this AGREEMENT by wften notice to CONSULTANT, and In ether event the aT re sole obligation to the CONSULTANT III be payment for the work previously audwrked and performed in accordance with the provisions of this AGREMM. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the dme of w7nInation. Upon temInadon, the CITY than be entitled to a eefimd of any rmonles paid for any period of time for which no work was perfornmA 14.0 jam. This AGREEMENT shall remain In force until the end of the term, which Includes a0 authorrenewals, or unless cdherw Ise terminamd 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 kenew Is at the discretion of the City Manager. The CITY mm t mdnate the contract without cause following 30 days advanced notice to the CONSULTANT. Haw aver. In no event shall the terra exceed be (S) years following the Issuance of the Notice to Proud. 15.0 Ddw In the event eWwr party falls to comply with the provisions of this AGREEMENT, the aggrieved party may deckm the other parry in defauk and notify the defaulting party In writing. If CITY Is in default; the CONSULTANT w1I1 only be compensated for any completed professlonal services and CONSULTANT shag not be entitled to any consequential or delay damages. to the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY w khtn 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 r meta to Comply with CITY's Insurance and Inderm0cadon requirements that are set forth in ATTACNMIENT B.to this AGREEMENT. 17.0 Not Exd Nothiq in this AGREEMENT AGREEMENT shall prevent the CITY from employin other CONSULTANTS to perform the cane or shWlar services. 18.0 Caries. Ordinanees and Laws. The CONSULTANT agrees to abide and be governed by all duly promuWted and pubiisshed municipal. county. state and federal codes, ordinances:, rules, regulations and lawns which have a direct bearing on the WORK involved on this project The CONSULTANT Is required to complete and sip all affidavits Including Pubik En" Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITrs solicitation. ff any, applicable to this Pia S3 of" itca-ftsP. pape 1Q11=16 137 17 20 AGREEMENT. 19.0 jam, CONSULTANT shall be responsible fbr pq ment of all federal,, stm and/or local taxes related to the Work, Inclusive of sales tax If applicable. 20.0 grin Free Warkobu:m CONSULTANT shall comply unfit CiTY's Drug Free Workplace POW which is nude a part of this AGRE04ENT by reWrence. 21.0 IndIABBAW Cam= CONSULTANT is an independent entity under this AGREEMENT and notft contained herein shall be construed to create a partnership. joint ventn v, or asem rekd n altip bewsm the parties. 22.0 QudK arid_ 62 aon aL CONSULTANT ages to provide its services during she term of this AGREEMENT In accordance with all applicable kws, rules, regubdom and lhealdh and safety standards of the federal, state, and CITY, w1flch nmy be applicable to the service bcintg provided. 23.0 2d emo CONSULTANT shall secure all necessary budness and sal kenses at its sole expense prior to Ming the AGREEMENT. 24.0 Hadffingm mul AWftI -'This AGREEMENT constitutes the entire egreenum of do pard Incorporates all the undarstandi W of the parties and supersedes any prior gVmments, utdetaeandlnp representation or neerMon, wrh an or oral. This AGREEMENT may not be modified or ascended except in writing, sipted by both parties hereto This AGR ENT shall be binding upon and inure to the benefit of the City of South Musa and CONSULTANT and to their respecdve heirs, aumessors and am#gNo cadan cr amendment of any awns or provisions of this AGREEMENT steal be valid or binding unless it wmpftes vAth the paragraph. This AGREEMENT, in general and thh paragraph, in particular, shall not be modified or amended by aces or omissions of the parties. If this AGREEMENT was approved by Written resolution of the City Commission, or If such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Common. 25.0 CITY and CONSULTANT knarwb*, irrsvocaW voluntarily and tnmrrtlorrally waive any rIght either may have to a trial by jury in State or Federal Court PrucemW in respect to any acetone, proaeet kwsult or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Mft of &MUNd CAM This AGREEMENT may be executed In several counter area, each of whlch shall be construed as an orlonal. 27.0 Rda of l Throughout this AGRE04ENT the pronouns that are used may be substituted for male, funtale or neuter, whenever applicable and the singular words sul atoed for phoW and plural words substituted for singular war applicable. 28.0 If any term or provision of this AGREEMENT or the application thereof to any perswh or circumstance shall, to any mom 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 unenfortsable; shall not be affected thereby and each and evW other term and provision of thk AGREEMENT shag be valid and enforceable to the fullest went permitted by law. 29.0 Cumulative Remedim The d'shd'es and obliotions bnposed by the contract documents, If any, and the HSW and remedles arabble hereunder, and, in particular but without limitation, the warranties. Nuammees 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 r% hu and remedies available at law or in equity. by special Suarantm or by otter 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 PW 36 of 66 P. Repo IQrIJ12016 138 1F 21 AGREEMENT, or existing In law or in egWty, it shall not be necessary to glue notice, other than such notice as rnaybe herein expressly required. No remedy conferred upon or reserved to any party herem, or ellsdng at kw 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 euisti ng at law or In equity. No delay or omission to exercise any d& or power accruing upon any default shall impair any such e4t, or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from tune to time as often as may be deemed eupedlent. 30.0 n-Wgiver. CITY and CONSULTANT agree fat no fWlur+e to exercise and no delay in eowdsing any r power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any righ power. or privilep under this AGREEMENT. No waiver of this AGREEMENT. In whole or part; including the provisions of this paragraph, may be b*ed by any act or owasion 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 tarot, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provislon hereof, nor will a waiver of any breach of any terra condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or defauh dW not act as a waiver of any subsequent breach or default 31.0 o action shag be taken by the CONSULTANT. nor will it permit any acts or omission: which result In discrimination Mp Inst any person. hWuuling employee or applicant for employment on the basis of race, creed, colm ed micit►. national orWn. Teton. W. sex. familial status, marital star" ethnicity, sexual orlon or physical or mental disability as proscribed by law and dw it will mice afllrnwive action to ensure that such discrlmination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Acre and It will take aflirmative action to ensure that such discrimination does not take place. The City of South Mlam ?s hiring practices strive to comply with all applicable federal regulations regarding employment eWbilky and employment practices In general. Thus, all individuals and entitles seeking to do work fcr the CITY are expected to comply with all applicable laws, governmental requirements and r%dations. Including the regulations of the United Stages Department of Justice pertaining to employment dWblllty and employment practim By signing this AGREEMENT. the CONSULTANT hereby certifies under pem ttly of perjury, to time CITY. that CONSULTANT Is In compliance with all applicable regulations and laws governing employmeM pracdces. 32.0 Gmmmtng law& 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 Mlami-Dade County, Rorlda. 33.0 Hkift DauL This AGREEMENT shall not become effeedve and binding until it has been executed by both parties hereto, and approved by the City Commission If such approval is required by CWs Charter, and the effective date shad be the date of its execution by the last party so .executing It or if City Co ion approval Is required by the CWs Charter, then the date of approval by City Commission, whichever is later. 34.0 Third PaW Ww fiduy, 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 Pala 55 of 66 Bhmm F. pep 10112 016 139 19 22 anyone other than the parties hereto, and that only the parties hereto shall have any riglhts hereunder. 35.0 MdW Ammum The parties hereto agree to emmcute any and all other and further dawments as nd& be reasonably te�aryry In order to ratify. confirm, and mate the hltent and purposes of this AG��IENT. 36.0 Mu of Egon= 'Rme is of the essence of thk AGREEMENT. 37.0 -. This AGREEMENT ftH not be consumed more strongly qpInst either rq► here*. regardIsa of who was morerespondMe for its preparation. X0 Neither pa V hereto shallhe in dakult of its failure to perform Its under this AGREEMENT if caused by acts of God, doll commotion, stripes, labor dam, or governmental demands or requIrenhents that could not be reasonably anticipated and the erects avoided or mltlgsoed. Each party shag not* the other of any such oocurrhuhce. 39.0 SubconE=Z If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of In subcontract ndsubconsultants a� It Is for the acts and omiuions of people directly employed by it All su suhants and their eyvernents, if allowed by this AGREEMENT, m m be approved by the CITY. The CONSULTANT shall rewire each subcontractor, who Is approved by the CITY, to wee in the subocsttract to observe and be bound by aU ofttions and conditions of ft AGREEMENT to which CONSULTANT is bound. 40.0 &Wk BmaCONSULTANT and all of its suhbcontracoors are required to comply with tit® pubbc records �� ((s.l 19.0701)) while provides vices goods andlar seron behW of the CITY and the CONSULTANT, under such conditions, shag Incorporate this paragraph In all of Its subcontracts for this Project Under such condition. CONSULTANT and its subdontr tom are specilcally required roc (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from tit® pubic agency's custodian of public records, provide the public agency vAth a copy of the requested records or alloy the records to be Inspected or copied within a time at a cost that does not exceed the cost provided in this dapter or as otherwise provided by taw; (c) Ensure that public records that are exempt or canfldbnHA and exempt from public records disclosure r+l quitemisrhts are not discoed 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 pubD r agencp; c Upon completionof thecontract. transfer, at no cost: to the public agency all�l pu byrds In possession of the contractor or beep and mahmWn e conamor � all psublicr�ecord� toethe� �ettagmq cu perform tom the service. o 4lheIf �oontracg, eth contractor shall destroy any dupa� public records that completion exempt or aoniidendal and exempt from public records disclosure requirements. If the contractor keeps and nWnWm publk records upon completion of the contract; the contractor shall meet all applicable requbmenents for retelnIng public records. All records stored electronically must be provided to the public sgenry, upon request from the public agency's custodian Of pubk records, in a format that Is compatible with the Information technology sysoelns of the pub0c agency. IF THE C®NTRACTOR HM QUMONS REGARDING THE APPUCATION OF CHAPMM 18 !, FLORIDA STATWM% TO THE CONTRACTORV DUTY TO PROVIDE PUBUC PACORDS RELATING TO THIS CC*4MCT9 CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 30E-6634140; E-rrhadls ntmen ouch w, 6030 Sunset Ork% South HImmik FL 33143. 41.0 Nadws Whenever notice shall be required or permitted herein, it shall be F*p sa of " Thum= F: ftpe 16/10016 140 2P 23 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 Mahager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax (305) 341-0584 E-mail: tpepe@south iamifl.gov To CONSULTANT: 42.0 Corrorate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have 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. ATT sr., aria M. Menend - C City Clerk lihom 9 F. Pc;o IW13=16 CON B. TU /;Z By; �8C/0 60ae *444-4- (Print N e) City of=Seetdrf�tl BY. -� "Steven Alexander f� City Manager Page 37 of 66 21 24 Read and braved as to Fam unvWj Leggley and Ewmdon tMmt BY. �,� Thomas P. ftpet Esq. CityAnumey • PAP so of 142 2? 25 f 1 sout h Miami 1101UYOA"FASWIrd= ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Profesdonal 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: SIRSAgIneering, !nm Ignado Serralta/President (Name of Signatory) Read and Approved as to Form, language, Legality and Execution thereof: By, ..:� Thomas F. Pepe, City Attorney d C!jy-ofiouth Miami By: teven Alexander, City Manager Or- 23 26 ATTACHMENT A "COMPENSATION" PROFMlNMAL SERVICE AGREEMENT Page 59 of 86 ammmp.aqm 1011=1s 143 24 27 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 Technidan $6S.00 GIS Technidan $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 25 28 ATTACHNENT.0 @NSURANCE & IN®ENNORCATION REQUIREMENTS PRORNSIGNAL SE9ME ACIRE ONr 01Q9� r@Qpil1$ ' $ I Bert me M or 16-n 1.010 houranm A V1Athout limiting Its liability, the contractor, consultant or consul ft firm (ham referred to as "RRK' with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own mWense during the life of die Contract; Insurance of the tomes and in the minlmum amounts stated below as wtlll protract the RRM, from daim which may arse out of or result from the amtract or the 00f0nareoe of the contract with the City of South Karat whether such claim Is against the RRM or any sub-convaceer. or by anyone directly or indirectly employed by any of there or by anyone for whose acts any of them may be Ilab4e. L No insurance required by the CITY shall be Issued or written by a surplus Ones carrier unless authorized In writing by the CITY and such authorhadon shall be at the CrMs sole and absolute discretion. The RRM shall purdmse insurance from and shall maintain the Insurance with a company or companies kwfWly authorized to sell Insurance in the Staoe of Rorlda, on forms approved by the State of Florida, as will protect the RRK at a minlmum, from all dims as set forth below which may arise out of or result from the FIWs operations under the Contract and for which the RRM may be legally liabl% whether such operations be by the RRM or by a Subcontractor or by anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of there may be 11ablec (a) elms under workers' tom tion, disabliky benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) dalms for damages because of bodOy injury, occupational sklum or disease, or death of the RWs employees; (c) dims for damages because of bodlly injury. sickness or disease, or death of any person other than the FIRWs employees; (d) dims for dames Insured by usual personal Injury Why coverAW (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 hum (f} char for damages because of bodily injury. death of a person or property damage arising out of ownership, matntenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of comphned operations; and (h) claim Involving contractual [lability Insurance applicable to the RRKs obligations under the Contract: 1.011 BZ(A Insurance ,rjmgm3ftThe FIRM shall provide and maintain In force and effect until an the Work to be performed under thts Contract has been completed and accepted by CITY (or for such dumdon as Is otherwise spedfled herein Aw), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Wadio s' Compensation Insumnca at the statutory amount as wall employees to compliance with the %llorkera' Compensation Law" of the State of Rorie lnduftS Chapter 440. Rorie Smutes, as presently written or hereafter amended. and all applicable federal laws. PAp60of" iarrePoe � gas 2F 29 In addition, the policies must Include: Employers' Liability at the smumory cwmW amount: The FIRM shad further Insure that all of its Subcolhtractors maintabl appropriate levels of Workers Compensation Insurance. 9.013 Insurance with broad form endomeme;M as well as automcbtle liability. completed operations and products 0abllity. contractual liability, severabMW of Interest with cross liabtlfty provision, and personal Injury and property damage habiiity with Omits of $1.000.000 combined single [hit per occurrence and $2,000.000 aggr ato. hxwd* o Personal Injury: $1.00%000t o Medical lasuranee: $5.000 per person: o Property Dangp $500.000 each occurrence: 1.014 Limbrella COMMmW Campmhm6ft fimad R.Wlft 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 SZ000,000 Annual Aarepw- Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Uablilgy policy. without rive endorsements, as filed by the Insurance Services Office. and muse Include: (a) Premises and Operation (b) Independent Conawtors (e) Products and/or Completed Operations Hasard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (fD Broad Form Comractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnMcation agreement (g) Personal Injury Coverer with Employee and Contractual Exclusions removed, with mintrnwn Omits of coverage equal to those required for Bodily injury Liability and Property Damage • 1.0I3 Rmd= Aummablie LM w th minimum limits of One Million Dollars ($1,000,008M) 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 forrn•no more restrictive than the latest edition of the Business Autolrtobile 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" Ikon-Omership 1.016 SLJ1C0--hML4CTS: The ARM agrees that If any part of the Work under the Contract is sublet; the subcontract shag contain the same Insurance provision as required by of the Firm, other than the dine and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Elm and Winded Coverage ImMMnlg"ers' RW. IF APPU-CA i. C. In the event that this contract involves the construction of a structure. the FIRM shall rnaintain, wkh an Insurance Company or Insurance Companies acceptable to the CITY. "broad" f wWAU Risk Insurance on buildbW and structures. Including Vandalism i Malicious Mischief coverage, while in die course of construction, Including foundations. additions, attachrnents and all permanent fixtures belonging to and constituting a part of PNP 61 of 66 ThmmF.Pa" 10113MIG 148 27 30 said butlOW or structures. The policy or policies shall also cover machinery. If the cost of Ma tnery Is baduded in the Comm or if the maddnery Is located in a building dw Is being renovated by reason of this contram The amount of insurance must; at all dries, be at least equal to the replacernent and actual coca value of the Insured pnope rgr. The policy shall be in the name of the CITY and the Fhi% as their inmrest may appear. and shall also cover the tntwom of all Subcontractors performing Work. D. Ali of the provisions set forth In Mlsccilaneous section herein below dW apply to this coverage unless it would be dearly notappltcable. 1.018 gz F. If shy rodeo of cancellation of insurance or change in covergp Is issued by the irtsuranoe company or sherd any insurance have an expiration date that will occur durbtg the period of this contract; the FIRM shall be responsible for securing other acceptable insurance prior to such canceiladoni change, or won so as to provide Continuous coverage as spaMed in this section and so as to maintain coverage during the He of this Contract G. A9 deducd Mas must be dsckM by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall ellmh ate or reduce such deductible or the FIRM shall procure a Bond, to a form sa3tbdbctory to the CITY covering the rams. K The pcicies shag contain waiver of smmbrogation against CITY where applicable, shall mcp provide that such poky or policies are primary over any other cogecdble insurance that CITY may have. The CITY rwerves the right at any tune to request a Copy of the required policies for review. All polices shall contain a "sevembility of interest" or "cross liabtligi' clause without obligation for premium payment of the CITY as wee as contractual liability provision covering the FIRM'S duty to Indemnify the City as provided In this AV+eenhent 1. more stu tg the Work the FIRM dd deliver to the CITY cerdflratees of such Imumnc% acceptable to the CITY, as well as the insurance binder, If one Is Issued, the Insurance policy, Including the declaration page and d applicable endorsernemmts and provide the name, address and telephone number of the Insurance agent or broiler throuO whom the policy was obtained. The insurer stall be rated A VII or better per A.M. Beses Key Rating Guide, latest edition and authorized to Issue insurance In the State of Florida. lip insurance policies must be written on forms approved by the State of Florida and they must remaln to full force and effect for the du r adon of the contract period with the CITY. The RRM may be required by the CITY, at its sole discretion, to provide a "cerdtied copy" of the policy (as defined in Article I of this doaunwo which shall Include the declaration pgge and all required endorsmne nts. In addldon, the FIRM shail'delim, at the time of delivery of the Insurance cerdflcat% the following endorsements: (3) a policy Eton or an endorsement with substantially similar provisions as foilows: "The City of South Miami is an addidortal hwured. The Neon shall pay all sums that the City of South Miammi becomes legplly eMpted to pay as danvWs 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 Ronda approved forms for commercial general liability coverage A and coverage B"; Pala 61 of" ThOUMP.ftP emti►mhs 147 2p 31 (4) a policy provision or an endorsement with subsmdally similar provisions as foaows: "This policy shag not be cancelled (including cancellation for non-payment of premlwnN termlimed 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 C lty." If the FIRM Is providing professional services such as would be provided by an architect. engineer. attorney, or accountant, to name a fete, then In such gent and In addition to the above requirements, the FIRM shall also provide Pn*sslonal Liability Insurance on a Florida approved farm in the amount of S 1,000.000 with deductible per claim if any, not to exceed 5% of the limp of liability providing for all sum which the FIRM shag become leg* obligated to pay as dwrages for claims arising out of the services or work performed by the FIRM its agents, representatives. Sub Contractors or assIM or by any person employed or retained by him In commcdon with this Agrewomm This insurance shag be maintained for four years after completion of the eonstrucdon 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 aeeaptable. No insurance shall be issued by a surplus lines carrier tellers audmiaad In waiting by the city at the drys solei absolute and whaered discretion. Memniffcaftn Ragtdrementr G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which tm%ht arke during the work or event that Is occurring on the CIIVs property due to the neg%mce or other fault of the Rren or anyone actitog through or on behalf of the Firm. H. The Firm shall ftw6nnify. defend. save and hold CITY, its offeoers. adliliate % employees, successors and asslgm harmless from any and a0 dair%os, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expense% including reasonable attornw/3 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 Pram 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 negligamA 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 h4 or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. 1. The Rrm shag 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 ftV 63 of" 16112=18 148 24 32 K L COMM a#S employees,, successors and ashes, including their attorneys fees, In the defense of any action in law or equity bro4t against them and arWrig from the neaggant erron omission, or act of the Firm, its Sub -Contractor or any of thetr agents, reps entWva% employees, or asstVm and/or arldng out of or Incident to. this AVeernent; or incident to or resulting from the performance or non-performance of the Fire's obi ons under this AGREEIwOff. The Firm agrees and recognizes that neltherr the CITY nor its officem affMates, erseptoyees, Mccessom and assigns shall be held Wft or reapondble for any claims, Including the costs and expense: 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, representathres, employees, or assigns, or anyone acting through or on behalf of the ther% and arising out of or conch the work or event that is occuMnig on the CITY's property. In reviawin& approving or rejecting any submissions or acts of the Firm. CITY In no way assumes or shares respondbf r or liabf r for the acts or omistions of the Rem, its contractodsubcontractor or any of their agents, reprewhtatives, employees, or assigns„ or anyone acting throw or on behalf of them. The Rrm has the duty to provide a defense with an attorney or taw Orin approved by the Cityof South Pfhn% which approval will not be unreasonably wit!". However. as to deslp professional contiraets, and pursuant to Secdon 725.08 (1). RoHda Statutesnone of the provisions set forth herein above that are In conflkx with this subpargraph shag apply and this subparagraph shall set forth the sate rwporWb ky of the design professional concerning Indemnification. Thus. the design professional's ofttlons as to the City and Its agencies, as well as to its ofOcen and employees, Is to Indemnify and hold them harmless from liabilities, damages losses, and com includir& but not limited to, reamnable attorneys' fees to the extent caused by the negllgenoe, reddessness. or Intentionally wrongful conduct of the design professional and other persona employed or utilized by the design professional in the performance of the contract. THIS IS INCWDED IN THE GENERAL CONDITIONS FOP 64 of" Thom= r.. ftPe 19111=16 149 30 33 SOO1 SW 74TH COURT, SUITE 201, MIAMI, FLORIDA 33155 TEL: 305-662-81387 FAX: 305-662-OB58 I[„ WWW.SRS-CORP.COM ES-00009319 September 21, 2021 (Revised) Mr. Quentin Pough, CPRP, CPSI Director, Parks & Recreation Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami Dante Fascell Park — Design of New Community Building Dear Mr. Pough, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. SCOPE OF WORK To provide complete architectural and engineering design and limited construction phase services as needed for the construction of a new Community Building at the Dante Fascell Park located on Red Road and SW 87th Street. Proposed improvements include new community building as shown on the attached Alternative A sketches. All work shall be in accordance with the accepted practices and design standards of the City of South Miami, Miami -Dade County and local regulatory agencies. This work will include the following: PHASE I - SCHEMATIC DESIGN The A/E shall complete and transmit for review and approval to the City, the following: a. Phase I — Schematic Design documents. b. Phase I Estimate of Probable Construction Cost in CS] format; 2. The City shall review the A/E's Phase I Documents and furnish any and all comments to the A/E in writing ("Phase I Review"). The A/E shall incorporate the City's Phase I Review comments and re -submit Phase I Documents for the City's approval. a. The City shall evaluate the A/E's Phase I Estimate of Probable Construction Cost and if the A/E's Estimate of Probable Construction Cost exceeds the Construction Budget, the City may, at its sole option. b. direct the A/E to reduce the Final Scope of Work and/or Phase I Estimate of Probable Construction Cost to meet the Construction Budget through redesign by the A/E; or c. increase the Construction Budget for the Project; or d. discontinue the A/E's services on the Project. The City shall evaluate the A/E's report of any impact on the Project Schedule and 34 September 21, 2021 Page 2 documents substantiating any request by the A/E to adjust the Project Schedule. 4. The City shall transmit to the A/E in writing the final decision by the City with respect to its Phase I Review. PHASE II — DESIGN DEVELOPMENT The A/E shall incorporate any remaining comments from the City's Phase I Review, if applicable, and, from the City -approved Phase I Documents, shall prepare Phase II plans and outline specifications to fix and illustrate the size and character of the entire Project in its essentials as to kinds of materials, type of structure, types of mechanical and electrical systems, and such other document development as may be required, in accordance with Design Standards and applicable codes ("Phase II Documents"). The A/E shall complete the Phase II Documents and transmit the Phase II Documents for review and approval to the City. As part of the Phase II submittal, the A/E shall include a Phase II Estimate of Probable Construction Cost in CSI format for the City's review. 2. The City shall review the A/E's Phase II Documents and furnish any and all comments to the A/E in writing ("Phase II Review"). The A/E shall incorporate the City's Phase II Review comments and re -submit Phase II Documents for the PM's approval. 3. The City shall evaluate the Phase II Estimate of Probable Construction Cost to determine the course of action to be taken by the A/E. If the A/E's Phase II Estimate of Probable Construction Cost exceeds the City's current Construction Budget, the City shall, at its sole option and at no additional cost to the City: a. direct the A/E to reduce the Final Scope of Work and/or Phase II Estimate of Probable Construction Cost as required to meet the Construction Budget through redesign; or b. increase the Construction Budget; or c. discontinue the A/E's services on the Project. 4. The City shall evaluate the A/E's report of any impact on the Project Schedule and documents substantiating any request by the A/E to adjust the Project Schedule. The City shall transmit to the A/E, in writing, the final decision by the City with respect to its Phase II Review. PHASE III - 60% and 100% CONSTRUCTION DOCUMENTS The A/E shall prepare (from the City -approved Phase II documents), construction drawings and specifications setting forth in detail and describing the Work to be done, and the materials, finishes, and equipment required, for the architectural, civil, structural, mechanical, electrical, service -related equipment, and site work, and the necessary bidding information. The A/E shall address and incorporate into Phase III Documents all Comments from the Phase 11 Review(s), if applicable. September 21, 2021 Page 3 3 The A/E shall organize the Phase III Documents such that Construction phasing and sequencing will minimize the disruption of the operation of existing facilities and facilitate the safety of the occupants. The A/E shall design all Phase III Documents so that Work related to all phasing and sequencing can be prepared and released as required. 4 The A/E shall submit copies of the fifty percent (50%) complete Phase III Documents for the City's review and comment. This review may be a "stand- up" review and shall include the Prime Discipline of Record, architect, mechanical, civil and structural Engineers of Record, and others on the A/E's team as required to interface with the City's staff. 5 The A/E shall submit for review and approval, copies of the one hundred percent (100%) complete Phase III Documents to the City, local fire official, and any other public/governmental agencies as necessary pursuant to applicable law. 6 The A/E shall provide, concurrently with the 100% complete Phase III Construction Documents submittal to the City, the following: a. Building Permit Application (prepared by the City); b. Phase III Estimate of Probable Construction Cost in CSI format; 7 The City shall evaluate the Phase III Estimate of Probable Construction Cost submitted by the ME, and if the A/E's Phase III Estimate of Probable Construction Cost exceeds the City's Construction Budgets the City shall: a. direct the A/E to reduce the Final Scope of Work and/or Phase III Estimate of Probable Construction Cost as required to meet the Construction Budget through redesign by the A/E; or b. increase the Construction Budget; or c. discontinue the A/E's services on the Project. The A/E shall, upon receipt of the Phase III City's Review(s), modify the Phase III Documents to meet requirements and do all things necessary to obtain the unconditional approval of the Phase III Documents by any and all authorities. When a Project is to be awarded to a Contractor by conventional bid, the City shall provide the A/E with "Instructions to Bidders" and General Conditions of the Contract for Construction for inclusion in the A/E's Construction Documents. 10 The A/E shall incorporate any required modifications into the Phase III Documents prior to release of the advertisement for bids by the City, if applicable, or by the A/E issuing addenda to the Construction Documents prior to the opening of bids, at no additional cost to the City. BASIC SERVICES: PHASE IV - BIDDING AND AWARD OF CONSTRUCTION CONTRACT The ME shall assist the City in obtaining bids and awarding the Construction Contract, for all or portions of the Work, regardless of the delivery method chosen by the City. 2. The A/E shall distribute and maintain a log of the Construction Documents issued for bid purposes, and any subsequent addenda. September21, 2021 Page 4 3. For Projects to be awarded by conventional bid, the A/E shall conduct the pre -bid conference(s), receive and respond to inquiries from bidders, prepare and issue addenda as approved by the City, assist the City in the analysis of bids and in determining the successful responsive and responsible bidder, and make written recommendations to the City on the award of the Construction Contract. CONSTRUCTION PHASE V -ADMINISTRATION OF THE CONSTRUCTION PROCESS GENERAL A/E DUTIES WITH RESPECT TO CA 1. The A/E shall provide CA of the Construction Contract as set forth in this Agreement, the Construction Documents and the General Conditions of the Contract for Construction. 2. The A/E shall assist the City to enforce the faithful performance of the Construction Contract and confirm that the Work has been or is being performed in a manner that is in accordance with the Construction Documents. The A/E shall provide written notice to the City if it observes or becomes aware of any defect or non-conformance with the Construction Documents. 3. The A/E shall designate a fully -qualified representative of the A/E's firm, acceptable to the City, to act as the A/E's construction project manager. The A/E shall also designate a fully - qualified representative from each of its Sub -Consultants, acceptable to the City, for each of the professional disciplines, to act as the Sub -Consultants' construction project manager(s). 4. The A/E shall have access to the Work at all times in order to meet its responsibility and obligations under this Agreement. 5. The A/E shall, when requested by the City, provide the City with recommendations regarding matters concerning performance of the Contractor under the requirements of the Construction Documents. The A/E's response to such request(s) shall be made with reasonable promptness and within any time limits agreed upon. 6. The A/E shall advise the City in writing when in the opinion of the A/E, sufficient cause exists to terminate the Contractor in accordance with the General Conditions of the Contract for Construction. 7. It is assumed the total project construction duration for this project to be 8 months. PROJECT MEETINGS AND SITE VISITS PROJECT MEETINGS: As part of the A/E's Basic Services Fee, the A/E and the A/E's Sub - Consultants (if needed) shall conduct Monthly Project Meetings at the Project Site. The purpose of the Project Meeting, a review and up -date of the Construction Schedule, a review of the Contractor's As -Built drawings, the Contractor's Schedule of Values, coordination with the Contractor and its subcontractors and the City, and observation of the progress of the Work ("walk-thru") in order to properly review the Contractor's Requisition(s) for Payment. September 21, 2021 Page 5 9. SITE VISITS: As a part of the A/E's Basic Services Fee, the A/E shall conduct bi-monthly Site Visits to become generally familiar with the progress and quality of the Work completed, and to determine, in general, if the Work is being performed in accordance with the Contract Documents. The A/E shall submit to the City a Site Visit Report for each Site Visit conducted by the A/E and by the A/E's Sub -Consultants. CONTRACTOR'S SUBMITTALS 10. The A/E shall review, comment and approve, (or disapprove and require modifications to), the Contractor's document submittal schedule. 11. The A/E shall review and either return without exceptions, or with noted comments, reject, or take other appropriate action upon a Contractor's submittals (such as samples, schedules, and shop drawings, etc.) for conformance with the design intent expressed in the Construction Documents, applicable codes and ordinances, and the Construction Documents. The A/E's action shall be taken with such reasonable promptness so as to cause no delay to the progress of the Project, as called for in the Contractor's approved document submittal schedule, while allowing sufficient time in the A/E's professional judgment to permit adequate review. If the A/E rejects a submittal, the A/E shall state, in writing, the grounds for rejection. 12. The A/E shall review a submittal two (2) times as part of Basic Services, and may be entitled to fees for additional services if, due to materially incomplete or incorrect submittals by the Contractor, the A/E is required to review or address a submittal three (3) or more times. The A/E shall notify the PM within five (5) days of a second submittal rejection. Notwithstanding the foregoing, the A/E shall perform timely reviews of submittals. If the A/E is required to review a submittal more than two (2) times due to incomplete or incorrect submittals by the Contractor, the A/E shall recommend to the City in writing that a modification to the Construction Contract be approved (and the basis for the A/E's recommendation) deducting a sum from the Contractor's contract balance due which is sufficient to compensate the City for any payments the City agrees to make to the A/E for additional services made necessary by a Contractors repeated incomplete or incorrect submittals, such method being the A/E's exclusive remedy for such additional expenses and services. SUBSTITUTIONS 13. The A/E shall review and evaluate in a timely manner substitutions proposed by the Contractor for conformance with the Construction Documents. The A/E shall recommend to the City acceptance of substitutions only when it can be demonstrated by the Contractor that the item specified, or its successor, is no longer available for purchase or that the substitution provides a clear benefit to the City in performance and/or price. The A/E will not be required to take any action on requests for substitutions from a Contractor that are not submitted within forty-five (45) days after execution of the Construction Contract, except for good cause shown, or unless requested by the City. September 21, 2021 Page 6 RFIs AND RFCs 14. The A/E shall review and respond to or take other appropriate action upon a Contractor's submittal of a RFI, RFC, inquiry or similar correspondence. The A/E shall maintain a current log for all RFIs and RFCs. CONSTRUCTION CONTRACT MODIFICATIONS 15. With such reasonable promptness so as to cause no delay to the progress of the Project, the A/E shall review cost and time estimate(s) for proposed changes in the Construction Contract and shall prepare all necessary contract modifications for the City's approval and execution in accordance with the Construction Documents. The A/E shall maintain a current log of all such contract modifications. QUALITY ASSURANCE 16. The A/E shall evaluate materials and/or workmanship for conformance with Construction Documents, evaluate quality control testing reports, advise the Contractor and the City immediately of any unacceptable materials and/or workmanship the A/E may discover and ensure that the Contractor takes appropriate action to remedy unacceptable conditions. 17. The A/E shall have the duty to recommend to the City rejection of Work that does not conform to the Construction Documents. Whenever the A/E considers it necessary or advisable for implementation of the intent of the Construction Documents, the A/E shall have the duty to recommend to the City additional inspection or testing of the Work in accordance with the provisions of the Construction Documents, whether or not Work is fabricated, installed or completed. The A/E shall recommend that the City stop Work when, in the A/E's professional judgment, defects and deficiencies in the Work warrant that the Work be stopped. The City alone shall have the authority to stop and/or order recommencement of the Work. BUILDING CODE CONSULTANTS, INSPECTORS AND PLAN REVIEWERS 18. The A/E shall cooperate with the City inspectors and plan reviewers in providing information and explanations as requested. The A/E shall also respond to any deficiencies noted by the City in the Construction Documents and during construction, by making the necessary changes in the plans, or taking the necessary action during construction. CERTIFICATES FOR PAYMENT 19. All Requisitions for Payment received from the Contractor shall be processed and paid by the City in accordance with the Construction Documents. A/E shall assist the City in a limited capacity as needed. SUBSTANTIAL COMPLETION/OCCUPANCY INSPECTION 20. Within seven (7) days of receiving the Contractor's request for a Substantial Completion Inspection (and when required, Occupancy Inspection), the Contractor's Punch List with all items completed or explained, a copy of the Contractor's building permit reflecting all final September 21, 2021 Page 7 inspections have successfully been concluded, all reviewed/approved shop drawings, all required operations and maintenance manuals, all safety systems certifications, the A/E shall determine if the Work is ready for a Substantial Completion Inspection and, if applicable, Occupancy Inspection, and notify the Contractor, in writing, as follows: a. If the A/E determines that the conditions for Substantial Completion have not been met, the A/E shall notify the Contractor, noting specifically those deficiencies that cause the Work to not meet Substantial Completion requirements; or b. If the A/E determines that the conditions for Substantial Completion have been met, the A/E shall notify the City and schedule a Substantial Completion Inspection to be completed within fourteen (14) days of the A/E's receipt of the Contractor's request for a Substantial Completion Inspection, unless this time period is otherwise extended by the City in writing. The A/E shall be responsible for having the Work inspected by, at a minimum, the A/E, the A/E's Sub -Consultants, other consultants, the Contractor, the subcontractors, and the sub -subcontractors. 21. Upon the conclusion of the Substantial Completion Inspection, the A/E shall determine the status of the Work to be one of the following: a. Substantially complete. If on the date the Substantial Completion Inspection is completed, the A/E determines that the Work has achieved Substantial Completion, the A/E shall within fifteen (15) days of the conclusion of the Substantial Completion Inspection, certify in writing to the City the date on which Substantial Completion was achieved. The date on which the A/E determines that Substantial Completion has been achieved is the date on which liquidated damages end pursuant to the General Conditions of the Contract for Construction; or b. Not substantially complete. If the A/E determines that the Work has not achieved Substantial Completion, the A/E shall notify the Contractor and the City, in writing, of its determination by no later than ten (10) days after the conclusion of the Substantial Completion Inspection, noting specifically those deficiencies that cause the Work to not meet Substantial Completion requirements. SUBSTANTIAL COMPLETION PUNCH LIST 22. When Substantial Completion is achieved, the A/E shall prepare and provide to the Contractor a comprehensive Substantial Completion punch list in electronic form which incorporates, by trade, all punch list items submitted to the A/E by participants in the Substantial Completion Inspection. The A/E shall submit the Substantial Completion Punch List to the City and Contractor within fifteen (15) days of the Substantial Completion Inspection date. 23. During the thirty (30) day period when the Contractor is completing the Substantial Completion punch list, the A/E shall monitor and keep the City informed of the Contractor's progress. FINAL INSPECTION AND FINAL COMPLETION 24. Upon completion of the Substantial Completion Punch List, the Contractor shall provide written notice to the A/E that the Work is ready for Final Inspection and Acceptance. 40 September 21, 2021 Page 8 a. Within seven (7) days after 1) the expiration of the thirty (30) day Substantial Completion punch list period or Contractor's written notice that the Work is ready for final inspection and Acceptance, whichever occurs first, and 2) receipt of Contractor's final Requisition for Payment, the A/E shall schedule and conduct a Final Completion inspection with its Sub -Consultants (as appropriate), the City and Contractor to determine the status of the Work to be one of the following: Finally complete. If the A/E and its Sub -Consultants concur that there remain no incomplete or deficient items of Work, and that the Construction Documents have been fully complied with by the Contractor, the A/E shall inform the City within two (2) business days of the Final Completion Inspection, in writing, of its determination and recommendation for the Acceptance of the Work. If the City concurs with the A/E's determination that the Work has achieved Final Completion, the Project shall be "Accepted" by the City, final payment to the Contractor shall be recommended by the A/E to the City in accordance with the Construction Documents and the A/E shall close out the Project; or b. Not finally complete. If the A/E determines that the Work has not achieved Final Completion, the A/E shall notify the Contractor and the City within two (2) business days of the failed Final Completion Inspection, in writing, of its determination that the Project has not achieved Final Completion, noting specifically those deficiencies that cause the Work to not meet Final Completion requirements. The A/E shall provide to the City, in electronic form, a Final Completion Punch List identifying any and all open punch list items and estimates of the cost to properly complete/correct each item listed and provide the City with the A/E's recommendation as to how to proceed with the completion of the Final Completion Punch List and close out of the Project; all in accordance with alternatives provided in the Construction Documents. In the event that the A/E determines that the Work has not achieved Final Completion, the City shall not be required to review the A/E's determination in this regard. 25. The ME shall complete the processing of any remaining Construction Contract modifications, evaluate the assessment of liquidated damages (if any), and shall evaluate Contractor's final Requisition for Payment (including, without limitation, all required Final Releases of Lien and/or Bond Rights) and submit its written recommendation as to payment to the City, on a line -item basis, within five days of its submittal, and shall otherwise perform its duties with sufficient time for the City to make payment. 26. During the substantial and final completion process, the A/E shall notify the City when, based upon the A/E's observation, the Project is sufficiently complete to allow occupancy by the City. Occupancy by the City at any time during the correction of Punch List items shall not alter the schedule or responsibilities of the A/E regarding completion. A/E SERVICES CLOSEOUT 27. The A/E shall submit project close-out documentation. September 21, 2021 Page 9 SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outline above. Please see attached consultant's fee proposals for additional information. • Laura M. Perez and Associates, Inc. (Architect) • Basulto & Associates, Inc. (MEP Engineers) • Botas Engineers, Inc. (MEP Engineers) • Curtis + Roger Design Studio (Landscape Architecture) COMPENSATION Our Engineering Fees for the above -described Basic Services will be a lump sum amount of ONE - HUNDRED FIFTY-NINE THOUSAND and SEVEN -HUNDRED SEVENTY-SIX DOLLARS AND FIFTY-SEVEN CENTS ($159,776.57). Please see fee breakdown below. It does not include plan review or permitting fees. Payment will be based on monthly invoicing as a percentage of completion of work. Phases SRS LMP Basulto Botas C+R Total Schematic $1,755.00 $6,050.00 $3,108.96 $2,467.40 $750.00 $14,131.36 Design Development: $1,205.00 $6,980.00 $1,554.48 $1,233.70 $750.00 $11 723.18 50%CD $6.665.00 $10,600.00 $7.150.60 $5,675.02 $1,500.00 $31,690.62 100%CD $7.370.00 $13,155.00 $9,326.87 $7,402.20 $1,875,00 $39129.07 Bidding$2,160.00 $2,350.00 $1,554.48 $1,233.70 $375.00 $7,673.18 Construction $7,433.00 $26,725.00 $6,839.71 $5,428+28 $2,000.00 $4 ,,425.99 Close out 1 105.00 2 960.00 $1,554.48 1 233.70 250.00 7 103.18 Total $27,693.00 $68,820.00 $31,089.57 $24,674.00 $7'500.00 $159,776.57 We would expect to commence our services promptly after receipt of your acceptance of this proposal and approval of the purchase order. This Proposal and our 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 were indicated below and return to our office. Very truly y urs, GQ Jte_::� Ignacio 9erralta, P.E. I have read the foregoing Letter of Agreement and agree to all terms and conditions stated therein. Accepted this day of 12021 0 Title: City of South Miami 42 �STRL!Crlolt, SRS ENGINEERING, INC. -AE FEE PROPOSAL SPREASDSHEET Dante Fascel Park shaded edl, 'o > Design Schematic Design Design Development CD50%Completed CD IOOY Complete Bid/Award CA -Substantial CA -Closeout x N W LL F V Q V Discipline/Firm Q m m CIVILHourly Rate SRS Engineering, Inc. H. $ Hr. $ Hrs $ Hrs $ Hrs $ Hrs $ Hrs $ Hrs $ Principal 11:0.00 51o.11 $129.00 590.00 $6s.00 I $4s.O11 2 S360 $6oD $750 So $0 $45 2 $350 2 $300 4 $500 o So 0 $0 1 $45 3 $540 $1,500 $2,000 51soo $780 $45. 3 $540 12 51,81M 16 $2,000 za Sz,16o 32 $760 2 $90 3 SS40 51.200 $375 50 So $45 6 $1,080 54,81M 51,500 Se so 545 2 9360 S450 $250 So $0 $45 21 $3.780 71 $10,650 59 $7,375 44 53,968 24 $1s6o a S360 Sr. Project Manager 4 10 a 32 3 Sr. Civil EO ineer 6 a 16 3 12 2 Engineer zo echnician �en 0 12 Clerical 1 1 1 1 1 TOTAL CIVIL 13 $1,75$ 9 51,205 62 $5,665 69 1 $7,370 15 1 $2,160 51 $7,433 B $1,305 227 $27,693 43 ............ ............ ............ ......................... ........ .............. - .......... ............... _............ LAURA M. PEREZ & ASSOCIATES,INC.: :ARCHITECTSPLANNERSINTERIOR OESINGERS LIC. AA-CDOIS64: ............i............i............i.............j............ :............ .j............ :............ .j... .........n............i.......... ..:...... May 11, 2021 July 9, 2021 (Revised) Mr. Ignacio Serralta SRS Engineering 7000 SW 97 Avenue #210 Miami, Florida 33173 Re: City Of South Miami (Dante Fascell Park) New Building Dear Ignacio, The firm of Laura M. Perez and Associates, Inc. (LMP) is pleased to submit this fee proposal to provide Architectural services for the referenced project. Based on the approved preliminary drawings it is our understanding that the owner would like to add a field house building next to the existing tennis courts. Total Architectural Fee $68,820. (see attached fee breakdown) The following services are not included in our fee. Civil, MEP, Structural, Geotechnical, surveyor and building material testing. Each consultant will have to provide there estimate for construction. If you have any questions or require additional information please do not hesitate to contract our office. Sincerely, Laura M. Perez and Associates, Inc. /p Laura Perez, President ........... ............ ........... ............ <........... <............ ..... ...... <............ ..... ......... ........... ........... ................_ ..... .... ,'401 N.W. 7th STREET MIAMI, FL 33125 PH:305-642-9494 FA%:305-642-0889 E-MA IL :'I mp@1mpic.'c om LAURA M. PEREZ & ASSOCIATES, INC. FEE PROPOSAL FOR SOUTH MIAMI DANTE FASCELL PARK BASIC DESIGN AND CA SERVICES 1) Schmatic Design (30 days) Description Principal Project Architect/Manager Site Visit Design Staff Architect CADD Estimator Clerical 2) Design Development (30 days) Description Principal Project Architect/Manager Design Staff Architect CADD Estimator Clerical 3) 50% Construction Documents (60 days) Description Principal Project Architect/Manager Staff Architect CADD Estimator Clerical 4) 100% Construction Documents (60 days) Description Principal Project Architect/Manager Staff Architect CADD Estimator Clerical Hours Rate Total 1 $180.00 $180 4 $140.00 $560 12 $140.00 $1,680 8 $90.00 $720 30 $75.00 $2,250 6 $95.00 $570 2 $45.00 $90 Hours Rate Total 1 $180.00 $180 16 $140.00 $2,240 10 $90.00 $900 40 $75.00 $3,000 6 $95.00 $570 2 $45.00 $90 $6,050 $6,980 Hours Rate Total 2 $180.00 $360 20 $140.00 $2,800 24 $95.00 $2,280 60 $75.00 $4,500 6 $95.00 $570 2 $45.00 $90 $10,600 Hours Rate Total 2 $180.00 $360 20 $140.00 $2,800 24 $95.00 $2,280 60 $75.00 $4,500 6 $95.00 $570 2 $45.00 $90 5) Permitting (review comments and resubmittal only) TBD Description Hours Principal 1 Project Architect/Manager 8 Staff Architect 6 CADD 8 Clerical 2 Rate Total $175.00 $175 $140.00 $1,120 $95.00 $570 $75.00 $600 $45.00 $90 $10,600 $2, 555 45 6) Bidding Description Principal Project Architect/Manager Staff Architect CADD Clerical 7) Construction administration (8 months) Description Administration (SD, RFI, correspondences) Principal PM/Architect (2 hrs per week) Const. Manager (1 hrs per week) Construction Meetings/minutes and site visit report meetings and reports bi month (5 Hrs) ea Pay app and schedule review (1 per month) Punch list / Closeout Clerical Hours Rate Total 1 $180.00 $180 8 $140.00 $1,120 6 $95.00 $570 4 $75.00 $300 4 $45.00 $180 Hours s Rate Total 4 $180.00 $720 70 $140.00 $9,800 35 $95.00 $3,325 80 $140.00 $11,200 12 $140.00 $1,680 16 $140.00 $2,240 16 $45.00 $720 $2,350 $29,685 $68,820.00 46 B A S L TE0 A S C O N S U L T I N G E N G 1 N E E R, S June 14, 2021 Revised 06/3012021 Ignacio Serralta SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 Project: Dante Fascell Park Concession - Restroom Building Location: 8600 Red Rd, South Miami, FL 33143 Dear Mr. Serralta, Proposal # 2021078 We are pleased to submit our proposal to provide Professional Engineering Services for the above -mentioned project. Basic Services: Our scope of work will consist of: Preparation of mechanical, electrical, plumbing construction document level drawings shall be prepared in accordance with local codes. Drawings shall be submitted at 30%, 60%, and 100% phased along with any required calculations for permit. Site visits during design to verify existing conditions shall be considered part of basic services. Assistance in obtaining permit in the form of responding to Building Department plan review comments, and cost estimates shall be considered part of Basic Services. Construction Administration shall include shop drawing review, response to RFI's and monthly site visits during construction. Compensation: Our proposed fee shall be as follows: PROPOSED FEE: $ 31,089.67 Payments are requested as follows: As per City of South Miami Payment Schedule Please make checks oavable to: "Basulto & Associates, Inc." Exclusions: • Processing or walking drawings through the building department are not included. • Technical specifications (book type) are not included. 14160 Palmetto Frontage Rd, Suite 22 Page I of 2 Miami Lakes. Florida 33016 www.basulto.com Phone (305) 698-3988 Fax (305) 698-3989 47 Proposal # 2021078 Additional Services: • Modifications to drawings due to owner requested or value engineering changes shall be considered additional services and shall be billed accordingly. • In -House printing charged at $0.20 square feet. Compensation for Additional Services shall be hourly, per contract, at: Principal Hours: $180.00 Engineering Hours: $125.00 CAD Tech Hours: $ 65.00 Clerical Hours: $ 45.00 Thank you for an opportunity to serve you. We look forward to working with you on this project. Should you have any questions, please do not hesitate to contact our office. Rene I. Basulto, PE, MSEM CGC, CFEI, CPE, CPD Principal LETTER OF AGREEMENT ACCEPTANCE I, the undersigned, having authority to execute this Agreement for and having read and understood this proposal and attachments, hereby agree to terms and conditions stated herein as well as to any terms and conditions attached hereto and made part of this Agreement. Please return one executed copy to BASULTO & ASSOCIATES, INC. and keep the other for your records. Signature Printed Name Title Date Q A S.` L T 0 Page 2 of 2 A S S O .1 A 1" L S 48 11 BUTAS Engineering, Inc. STRUCTURAL ENGINEERS May 20, 2921; rev. June 16, 2021; rev. July 14, 2021 SRS Engineering, Inc. 5001 SW 741h Court, Suite 201 Miami, Florida 33155 Attn: Mr. Ignacio Serralta, PE Project Name: Dante Facell Park — New Building Subject: Structural Fee Proposal Dear Ignacio: As requested, we are submitting a revised fee proposal for the structural design of a new 1-story building. This proposal summarizes our fees for the above -mentioned project and our scope. Based on the information that we received, we understand that the proposed building will be approximately 3100 sf. The structural components of the 1-story building will consist of shallow foundation, reinforced masonry walls, concrete beams and columns, concrete slab roof for the east and west wing and a metal roof frame system for the raised roof along the entry hallway which connects the east wing to the west wing. Ignacio, based on the schematic/conceptual renderings that we received for this building, please note that the support system for the hallway roof may require modifications due to stability. Botas Engineering scope for this project is as follows..... • Schematic and Design Development Narrative • Submit 50% and 100% (signed and sealed) plans; includes specs., cost estimate and talcs. • Implement any applicable review comments. • Bidding and Award Support • Construction Administration Support (incl. shop drwgs. review, responses to RFI's and required inspections). • Develop structural as -built plans Our fee for the above -mentioned tasks is a lump sum of 24,97 and the distribution of hours is as indicated under the attached "Fee Breakdown for Basic Design Pref. Services". 8935 NW 35th Lane. Suite #292 • Dural FI 23172 • Tel 3[15-418 0111 • Fax 305-418-9112 49 13E Page 2 of 2 Mav 20. 2021: mv. 6;16/2021: mv. 7/I412021 Dantc Facell Park If you have any question(s) or need additional information to be included in this letter, please let us know at your earliest convenience. Thank you very much for considering us for this project. Regards, BOITAS Engineering, Inc. Patr�' icia M. Botas, P.E. President Accepted Date 8935 NW 35th Lane. Suite #202 • Oural. FL 33172 • Tel: 3115-418-9111 • Fax: 305-418-9112 50 rq May 19, 2021 Mr. Ignacio Serralta SRS Engineering Re: Dante Fascell Community Center C U R T I S Dear Ignacio: As per your request enclosed you will find our proposal to provide landscape architectural R o G E R S services for the new community center building at Dante Fascell Park. D E 5 1 G N Our scope of services will include preparing the necessary plans addressing existing S T U D 1 p plantings — removals, relocations or retainage, and new plantings in the immediate vicinity of the new building. These plans will include all the necessary information to obtain a building NC_ permit and for construction. Our detailed scope of services is as follow: 1. Schematic Design/ Design Development a. Site visit to evaluate existing conditions. Landscape b. Review applicable code requirements Architecture c. Preparation of schematic design d. Preparation design development drawings, addressing landscape intent and code compliance. e. Preparation of outline specifications f. Preparation of Statements of Probable Cost for landscape elements g. Coordination with Architect and applicable consultants. h. Attend a meeting/ presentation with the client if required. 2. Construction Documents ( 50% and 100% Submittals) a. Review and incorporate comments received for previous submittal, and interim submittals 7 5 2 0 b. Prepare construction documents for tree disposition and planting. c. Prepare technical specifications for tree disposition (relocation or protection of S. R E D existing trees), planting and sodding. NO IRRIGATION SCOPE IS R O A D INCLUDED. d. Update Statement of Probable Cost for above items s UITE M e. Address permitting comments as needed. f. Coordination with Architect and applicable consultants s o u T H g, Attend a meeting/ presentation with the client if required. M I A M i 3. Bidding Assistance F LO R I DA a. Assistance during bidding including attendance to pre -bid conference if 3 3 1 4 3 needed, b. Prepare addendums, respond to requests for information or issue T E L E P H O N E clarifications, 3 0 5-4 4 2-1 7 7 4 c. Assist Owner/ Architect in review of bids FACSIMILE 4. Construction Administration a. Attend a preconstruction meeting (if required) 3 0 5-4 4 5-9 4 8 8 b. Assist Architect in reviewing applicable shop drawings, response for L L C. LC 000241 information, or clarifications, c. Attendance to a maximum of two(2) construction meetings, and perform two w 'Curtisrogers.com site observations during construction, prepare the applicable site observation reports, 51 Mr. Ignacio Serralta May 19, 2021 Page 2 d. Perform a substantial completion inspection and prepare a punchlist for outstanding items, e. Perform a final completion inspection and prepare a report outlining findings, f. Conform drawings utilizing "Contractor's As-builts" , to reflect actual as -built record drawings, g. Review closeout packages and guarantees as they relate to landscape. We propose to provide the above services in accordance with the schedule established with the Client. We assume that we will receive digital bases of site plan for our use, as well as a digital survey locating and identifying all existing trees within project limits. Trees shall be classified by name, and size in caliper, height and spread. This information will be needed in order to submit to the City of South Miami — should tree removal permits be needed. We propose to provide the above services for a lump sum of $7,500, with the following breakdown by phase: 1. Schematic Design (10%)- $ 750.00 2. Design Development (10%) - $ 750.00 3.. Construction Documents a. 50% Submission (20%)- $ 1500.00 b. 100% Submission (25%)- $ 1875.00 4.. Bidding Assistance (5%) - $ 375.00 5. Construction Administration (30%) - $ 2250.00 Expenses such as printing for internal coordination, postage, and couriers are included in the above fees. If required, printing of multiple sets for submission will be billed at cost. Alternatively we will provide hard or digital copies of the documents, for reproduction. Please call me if you have questions regarding any aspect of this proposal. Sincerely, 0,-� " � C', Aida M. Curtis President 52 u l' _. W-LL �u�d a (S,_ RED _ROAD) 40 miw • _d,�l�< ( | / ` \ \\ � § � |■`� .- SS C 7� i -A-16-E1N-[TE V II (S _ RED _ R O A D ) I O F a r:r�NMinmdd 7W ruv" KM L►LLK r"A 9c"- R{K _ '-.. _. ."^�..... r �....�...... LY1Cc'll *PJJ Y WWppS'OAV %015 MS OOL9 AA A � t0tY01J SRRII 11714f Nt •M71 rNi gunmisae vam2ml • NaMwvu •saaaiwary I - i < S8V i 2MMd • i va jen..�..... Ill_t ... �_.... )4UVd 1130SV-A 31NV O � N i ' 8 Col. x O W I— U U R j J• m __!___ a Ka �' -M Kt c w 5Vj cs r \ m w . W U .. �' fx•• � � i � Q[!j � � Q• I 1. CIA S 'rP. tee -• r E: ii e — ��B v u..\: \ \_ •' \ •\ a Via: a \ a Dante Fascell Park New Building & Tennis Court City of South Miami Parks and Recreation Miami, Florida 33155 Tel: (305) 662-8867 AprD N. 2021 Fax: (305) 662-8858 Conceptual Scheme "A" op. Ill. E.T. UNIT UNIT TOTAL H0.DESCRIPTION .11 COST pOST Site Pre aradon 11 Motelixation (2% of Grand Total) 1 LS S26.07289 S26.072.89 1.2 Wbdenence of Traffic D%of Grand Total) 1 LS S24S072.09 $28,072.09 1.3 Cleamg and Grubbing (5% Of Grand Total 1 LS 565.102.24 S65.182.24 14 Removal of Existing Cork. Sidewalk a Me" Walkway 324 BY S2000 S6,480.00 1.6 Removal of Exotmg COS Building 892 SF $low SB.m DO IS Removal of Raguert Ball 1 LS S7.50000 S7.500 DO 1-7 Relocalun of TIN HOT 1 LS S1.00D.DO 51.00000 LB Earth wOM t L6 $1500000 $1500000 Sub -Total $156,228.02 New Partdw Lot 24 RO,elar Exi'avabdn 396 cY 5300 $1.10800 22 Type'B"Stabil¢abon(12" thick minimum LBR 40) 736 SY SI 70 51.200.20 241 Lbnemcit Base (W Tlritk couple Course) (Pinned) (ROadeen 706 BY S11.50 58.11900 24 AsphaOk Concede TFe Se.95(1 WDick) 59 TON S13000 S7.670.00 25 CondtelaS Ibxae (A- Thick. Including Pedestrian 65 BY SAD.010 52.600.00 2A Rubber mulch wtikes,(41 146 BY star DID $12.160.00 2.7 Real Bonier 20 LF 410.00 $200.0) 22 New Lighbng with semees 2 LS S15,000.00 $30.00000 Sub-Treal $63.157.20 New Parkin Lot Pavement Markin 3.4 Solid Traffic Stripe (4" Write) (Tnermdplasbc) 305 LF $1.50 S457.50 310 Wheel Slop 19 EA S150.00 52850. DO Sub -Total $3.307.50 New Illinderag Lot DrIfloalle3 em 4-1 E#Iltratun Grain(16" Inedonted Pipe) 75 IF $110.00 58250.00 43 Inlets. Gutter, Tyce 5,<10 2 ET S4 600 00 5920D 00 a4 B' le 2 EA S30000 S60000 Sup -Total S18.05000 NaterBudkilm & Associated Sidewalk 54 New Bmlding 1 LS 5660,000.00 $660000 DO 5.1 New Covered Terrace t LS $57.000.00 $5700000 S3 NNeem Concrete Sidewalk (4"Thick Including Pedestrian 365 BY $4000 51460000 N New Dmhega fiytem 1 LS $10.000.00 $1000000 Sub -Tonal S741,600.00 61 New Tomb Court 2New Clay Court Al above ground irrigation and perimeter fe ke 1 LS S220.000.00 S220.000.00 62 New Terms LighOng I L5 S112600.00 S112.500.00 63 New Trench DOIn wl Drainage system 1 I LS S20.000.00 S20,000.00 Sub -Total S352.50000 7-1 New.Landeca in Tree Prpladiin I LSLL S10,00000 $1000000 7-2 Tree Removals 12 EA 51.000.00 $12.000.00 7.3 Tree Relocations 10 FA SS000.00 550.000.00 74 New Tree 12 EA Voodoo $12.000. DO 7.5 SNubs I LS S750000 $7,50000 74 New Sad Retortion I LS Sto.(1(Io.00 S10.god, w Sub -Tonal s1m,5oo.00 TOTAL : $1,436,342.72 5.1 10%Overhead and li $143,634.27 22 2% Bond and Insurance $28,726.86 69 Contingency Fund(2035 of suinenal amount) due to Pm emm,nPhase $287,268.5d SI Survey $3, 500. no 6.6 Aeaula 51, 50D.00 TOTAL PROJECT COST: $1,900,972.39 59 io s o s �€ $ % 8 w's'g 48< ml falu6w>m �^�8oeow --- \ 5 W 5 7 h8 A�-ENrD t (S � RED ROAD ) i °- m t _ ' 8 i m ' tu uj .. • F- I � �j3J + I _ � i 1 J/JJ1ff PPP"'• ui g 8 N 8 g 8 U - 7F Z9 .�✓1 1-.ZL D O } Q J ry W Y O O J_ O. OQ LLJ a LLN Dante Fascell Park New Building & Tennis Court ME'ftm-City of South Miami Parks and Recreation 5001 S,W • 74 Court Swte 201 Miami, Florida 33155 TOJ:(305) 662-8887 Aedi 20. 2021 Fax: (305) 652-8858 Conceptual Scheme "Brr nFM REM EST. UNIT UNIT TOTAL No. uEsexamaN 41" cWT COST Site Pre arl 1-1 Mobaizatmn (A: of Grand Total) t LS S2a,i74 a5 529)7405 1-2 Maintenance of Traffic (2%of Grand Total) 1 LS S28, 77405 S2877405 1-3 Cleating and Grubbing (5%of Grand Total) 1 LS $71,935.14 S71935.14 14 Removal of Existing Cone, SidewalkA Mulch Walkway 324 BY 520 00 HAN 00 1-5 Removal of Existing CBS Building 892 SF S10.00 58 920.00 15 Earth wort, - I LS 52500000 S2500000 Sub -Taal 5169,883.24 11111wParklm Lot Regular ExCavatlon 1,030 CY 5300 S309000 Type -B" Slabiliaalion(12" Sea mmmum LBR 40) 1836 SY S17D S3.12120 R�Base(8" Thoor Double Couve)(Pnmed) yl 1836 BY $11.50 S2L11400 m[ConaeleT pe SP-9S(LS OiG 153 TON 5130.00 S19,89000 R24 RNew G0ncre18 SMew4IX(4- Truer - Including Pedestrian BY S40.W $2,6W 00 Rubber mulch walkwa 4') 527 SY $84.00 S44,26800 Root Banim 40 LF 510W 5400,00 New Lghiiog with services 3 LS SIB=00 545.000.00 Sub -Total $139,483.20 _Nosidwidirg.Lot Pavel118rA Malting 34 Solid Traffic Stripe (4" Mite)(Themlpplasec) 793 LF 51.50 S1.18950 3-10 Wheel Stop 32 EA S150.00 S4, 80000 Sub -Total $5,989.50 N" Parift Lot Dralba e Sysbuff 41 EAftraticn Dram IV Perfoated Pipe) 100 LF WOOD S110o0 D0 45 Inlets, Gutter, Type S,<10 2 EA 54.60000 59200.00 44 Baffle 2 EA S300.00 SNOOD Sub -Total $20,800.00 NwBulldlng 6 AssocialeU Sidewalk 5-I New Building 1 LS 5680,o00 Do S66[000GO New Covered Tepace 1 LS S5700000 S57,000.00 - 3 Naw Concrete Sidewalk (a -Thick- Including Pedestam Re 30 BY S4000 SKNODO 5-4 New Drainage Sytem 1 LS $1000000 SID,000 OD Sub -Total $741,600.00 New Tennis Court 61 2New Clay Court w.'."Oogio.odml,alum and penmeler fence I Ls 522000000 $22000000 62 New Tenors Lighting 1 LS $112500.00 $112 Soo 00 65 New Trench Dmn wl Drainage system 1 LS $20,000 00 $20 000 00 Sub -Total $352.500.00 Nevi Candki _ .. . 74 Tree Proleceon 1 L$ $1400000 $to SOO Do 7-2 Tree Removals 12 EA $1,000.00 SR,WO.00 7.3 Tree R.C.hons 15 EA $5.00000 575,0000 31 New Tree 1 10 1 EA S1,000.00 S10.W0.00 75 Shrubs 3 LS $7,SW 00 57,500.00 7-6 Paver for Coto off 3,6W SF $800 528.800.00 7-7 New Sob Reloraten 1 LS S101000.00 510,W000 Sub -Total $153,300.00 TOTAL : $1,583,555.94 5-1 10%Oearhe•d and Pao $158,355.59 5.2 2% Bond and lnsunnu $31671.12 Gorenenq Tend (20%of subtotal amount) due to Proquorrool Phase $376,777.79 SA Be. $3 500.00 5.5 JAN Built g7,500.00 TOTAL PROJECT COST: $2,095,293.84 63 E—X-H 100T 16 PROPESSOONAL SERVOC(E AGREEMENT " Monad Gen®ra8 Engineering aW Archbomrad ServiceWa RFQ 006-22 THIS AGREEMENT made and entered into this day, of �4 20 I by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CrM by and through Its City Manager (hereinafter referred to as CITY or City Manner) and - S CkS E 4 rt "e F¢,i t4eg a U4 _, who Is authorized to do business In the State of Ronda, (hereinafter referred to as the "CONSULTANTI. In consideration of the premises and the mutual covenants contained in this AGREEMEIS T, the parties agree to the following terms and conditions: 1 -:.�,= r-.. icy 1.: Ti7 1.1 A Notice to Proceed veld 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 (hereinafa w Werred to as the 'WOW), 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 avait'able data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Ape -of Send -cm. The CONSULTANT shall perform the wadi as sea: fareh In the Scga of Services as described In the Notice to Proceed. 3.0 Time for CoMVIl ion 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 fordo 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 Wiling 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 of Comte The fees for services of the CONSULTANT shall be determined by one of the following methods or a. combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed suns The fee for a task or a scope of work may be a foxed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, It shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A.• 4.2 Howdy ram fez If there Is no faced sum or if additional work is requested without an agreement as to a faxed 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" Thomas P. ftpe IQ113=16 135 64 wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHNIA. 5.0 humeri and PartW B �, The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt. of CONSULTANTs invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 of Decisions. All services shall be performed by the CONSULTANT to the satisfacdon of the CITY's representative, who shall decide all questions, difliculdes 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 made by him. CONSULTANT shall present his wDritaen objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership Al Docunmt+a. 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 NAts. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth4n NaMadons: If the contract amount exceeds the threshold amount provided In L 287.017 for category four, the CONSULTANT shall execute a truth-In-negotiadon certificate stating that wage ram 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 addidons thereto shag 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 Sub%, —The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANTs rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign Its dudes, obligations and responsibilities provided the assignee meets all of the CITrs requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or 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, pap saof6s Thcnm F. Pepe 1011311016 136 65 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 haws and/or regulatlonL 12.0 WanW—. 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 solkit or secure this contract and that he has not paid or agreed to pay any company or person otter than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, 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 [iabttity. 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 CI1Vs sole obligyadon to, the CONSULTANT shall be payment for the work pmvioudy 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 Mail be entitled to a refund of any monies paid for any period of time for which no work was perfo 14.0 This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The terns 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 kenewr 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 followring the Issuance of the Notice to Proceed. 15.0 D-elau!y 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 shad not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shag return such 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 Insumnce and Indemnificadalk. The CONSULTANT agrees to comply with CnTY's Insurance and Indemnificadon requirements that ere set forth In ATTACHMENT ®.to this AGREEMENT. 17.0 Agm== Not bdu Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or shWlar services. 18.0 Codes. Ordinances and The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county. state and federal codes, ordinances, runts, regulations and laws which have a direct bearing on the WORK involved on this project The CONSULTANT Is required to complete and sign all affidavits, Including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITrs solicitation, if any, applicable to this Page 53 of 86 Thcomaa F. Pepe 1WI34016 137 66 AGREEMENT. 19.0 Tmm CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 QW Free Wndq&ee. CONSULTANT shall comply with CIITs Drug Free Workpphace policy which Is made a part of this AGREEMENT by reference. 21.0 . 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 Dudes and Responsibilides. CONSULTANT agrees to provide Its services during the to of this AGREEMENT In accordance with all applicable lags, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Cartifications. CONSULTANT shall secure all necessary business and onal licenses at its sole expense prior to executing the AGREEMENT. 24.0 re Agzs=t.-Mgd1ficaAan. and ®i tlingFfie= This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negodatlon, writ en or oral. This AGREEMENT early not be mod5fied 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 asslgna. No modification or amendment of any terms or provisions of this AGREEMENT shal9 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 resoludon of the City Commission. 25.0 jlsgTM. 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 Y-Wi ft of Executed 9;a" This AGREEMENT may be executed In several counterparts each of which shall be construed as an original. 27.0 Rules of InterRem9on•, _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 SNerablW 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 shag 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 warmndes. juarantees 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 endde any party to exercise any remedy reserved to it in this Page 34 of 66 Thom P.P"M 1CIIMO16 138 67 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 exclusive of any other available remedy or remedies, but each and every such remedy shag 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 prom time to time as often as may be deemed expedient. 30.0 Win -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay In Ong 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 wanner of this AGREEMENT, in whole or park 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 pardes to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT wig not constitute a waiver of any other twm% condition or provision hereof, nor will a waiver of any breach of any term, condition or provision consdtute a waiver of any subsequent or succeeding breach. The failure 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 Ng Discrimination and I goal Emilio entt: No action shall be taken by the CONSULTANT, nor wig k permit any acts or omissions which result in discrimination against any person. Including employee or applicant for employment on the basis of race, creed, color, ethnicity. rational origin. religion, age, sex. familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that It wig take affirtnadve action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and It will hake afRrmadve action to ensure that such discrimination does not take place. The Cky 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 seeing 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 cerdfles under penalty of perjurer, to the CITY, that CONSULTANT Is In compliance with all applicable regulations and laws governing employment practices. 32.0 Gmwnin,y 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 Miaml-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effeedve and binding until it has been executed by both pardes 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 &W Rmefisj= It Is specifically understood and agreed that no other person or entity shall be a third -party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 33 of 66 Tr om= F. ftpe 10113=16 139 68 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 . This AGREEMENT sha0 not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Fie Maieure. Neither party hereto shall be in default of Its failure to perform its obligadons under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes. or governmental demand or requirements that could not be reasonably anticipated and the effaces avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Submtraceing: If allowed by this AGREEMENT. the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsuimts as it Is for the acts and omissions of people directly employed by it. All subcontramrshubconsultants and their agreements. If allowed by this AGREEMENT, roust be approved by the CITY. The CONSULTANT shag require each subcontractor, who Is approved by the CITY. to agree in the subcontract to observe and be bound by afl oMptions and conditions of this AGREEMENT to which CONSULTANT Is bound. 40.0 Public Record CONSULTANT and A of its subcontractors are required to comply with the public record law (s.119.0701) while providirhg goods and/or services on behalf of the CITY and the CONSULTAI\IT, 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 agemys 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 dmt public records that are exempt or confidential and exempt from public records disdosure requiremerts are not dbdosed 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 publk records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the 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 compledon of the contract, the contractor shall meet all applicable requirements for retaining public records. Al 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 089, FLORIDA STATUTES9 TO THE CONTRACTOWS DUTY TO PROVIDE PQJBUC RECORDS RELATING TO THIS CONTRACT, CONTACT THE GUSTO®LAN OF PUBLIC RECORDS AT 305-663-6340; E-nhadl: rvhmenendez@soudhrn1am1fl gow, 6030 Sunset ®rive, South Miami, FL 33143. 41.0 des Whenever notice shall be required or permitted herein, It shall be Page 36 of 66 F. Pape iahWoia 69 delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. if hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: slexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@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. ON WITNESS WO.OEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. A By:.. aria M. Menendez, C City Clerk Thomas F. Pepe 1011312016 CO1*40010 T: By: See2RAG -4- . (Print Na e) City ft By: Steven Alexander r/ City Manager Page 37 of 66 70 mad and Approved as to Form, Language. Leggley and Esecudon dwreof y' Thomas F. ftP% Esq. City Amney Pap s® of 68 Tho►= F. Pepo 8616 616 14Z 71 f �h ,(Ciami S South IIA t qY UI CUMMI 1NIM ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #iPW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: a Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the Initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSULTANT By: By: SR ngineering, Inc. Ignacio Serralta/President (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: By: Thomas F. Pepe, City Attomey i Miami Alexander, City Manager 72 AT'ACHHENT A a'C®MPENSATOON" PR®FESSOCHAL EERl9CE AGREEMENT "PmfoakoW Genw-B Ending =W Aacniac vmo mice$" 6 rM®0 6-22 Page 59 of 66 Mmmas P. Pepe IWIV"ia 143 73 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 $12S.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 $45.00 74 ATTACHMENTS ONSURANCE A INDEMNIFICATION REQUOREMENTS 1PRONSSIONAL SOVICE AGREEMENT „Profudand GaIIToml EESine Yin$ =a Archibcuu d Servicees RFQWVM16.22 1.010 Insurance A. Without IimIdng its hability, the contractor, consultant or consulting Arm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own wgmnse 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 Mani, 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. IL 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 shag maintain the insurance with a company or companies lawfully authorized to sell Insurance in the State of Florida. on forms approved by the State of Florida, as will protect the FIRK at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable. whether such operations be by the FIRM or by a Subcontractor or by anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) calms 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 FIRKs employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages Insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (f) claims for damages because of bodily injury. death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations; and (h) claims involving contractual liability Insurance applicable to the FIRM's obligations under the Contract. 1.011 Firm's insurance Generail,_The FIRM shall provide and maintain in force and effect unto 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 Waders! 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"of" Thomm F. Pods ia13=16 145 75 In addition, the policies must Include: Employers' Liability at the statutory coverage amount. The RRM shall further Insure that all of its Subcontractors maintain appropriate levels of Workers Compensation Insurance. 9.013 Commercial -Comprehensive General Uability insurance with broad form endorsement, as well as automobile liabiggr, completed operations and products liabliity, contractual liability, severabiiity 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 aggregaw, Including: o Personal Injury: $1,00%000; o Medical insurance: S.S,OW per person; o Property Damage $500,000 each occurrence; 1.014 Um6ralla Comore W Comprehenshae General LbbiDW Insurance shall be wrft m 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 $Z000,000 Annual AIFWte. 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 Cone -actors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard coverage (e) Broad Form Property Damage (� Broad Form Contractual Coverage applicable to this specific Contract. Including any hold harmless and/or indemnification agreement (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.013 Rusiness Automobile I.Mb fits 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 Uabilky 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 Mon -Owned Vehicles (c) Employers' Mon-Owmershlp 1.016 SURCONTRACTS: The FIRM agrees that if any pare of the Work under the Contract is sublet; the subcontract shag contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance Ruder' RWO. 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, white in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 TlwmmF. hmh3ao16 148 76 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 tunes, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be In the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be cleanly not applicable. 1.016 m1sceliarmus: F. if aoy 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. AD deducdWes must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall ellminate or reduce such deductible or the FIRM shall procure a Bond, in a form saitiskaory 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 pohcies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual Ilabifty 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.dll or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue Insurance In the State of Florida. AEI 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 follow. "The City of South Miami is an additional insured. The insurer shall pay all suns that the City of South Miami becomes legal y 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 typWly provided under the standard Florida approved forms for commercial general liability coverage A and coverage B' Page a of 66 harsraora 147 77 (4) a policy provision or an endorsement with substantially similar provisions as foilow s: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Mlami ten (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 shag be delivered to the City by certified mall, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim If any, not to exceed 3% of the limit of liability providing for all sums which the RRM shall become legally obligated to pay as damages for damns 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 Sped4ic project professional Liability Insurance, In the amount and under the Germs specified above, which is also acceptable. No insurance shall be issued by a surplus lines caroler unless audwriaad In writing by the city at the dWs sole, absolute and unfettered discretion. 8ndemnMczt6on 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 Finn 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, tossm claims, demands, suits, fines, judgments or cost and expenses, including reasonable amorney'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 % 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. Inddent to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. 1. The Firm shall pay all claims. losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY and/or its affected Pad: 63 of " Thom= F. Pepe iarsraois 148 78 �s 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, representatim employees, or assigns, and/or arising out of, or incident to, this Agreement, or Incident to or resulting from the performunce or non-performance of the Fines obligations under this AGREEMENT. The Firm agrees and recognim 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 arcing out of or concerning the work or event that Is occurring on die 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 Finn, its contracwr/subcontractor or any of their agents, representatives, employees or assigns, or anyone acting through or on behalf of them. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. However. as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein 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, lncluding, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page U of 66 1W13=16 149 79