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Res No 009-22-15762RESOLUTION NO. 009-22-15762 A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs 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. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the limerock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park; and WHEREAS, in summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services; and WHEREAS, the proposal/contract amount shall not to exceed $58,543; and WHEREAS, this engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. 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 to pay SRS Engineering, Inc. in the amount of $58,543 to complete contract documents for new capital improvements at Fuchs Park. The total expenditure shall be charged to account number 301-2000-572-6450, which has a balance of $1,471,625 before this request was made. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon adoption. Page 1 of2 Res . No . 00 9 -2 2 -1 5 7 6 2 PA SSED A ND A DOPTED thi s 18th d ay of Ja n uary, 20 22. ATIEST : ~~~(! RE A D A ND A PPRO V ED AS TO FO RM, LA NGU A GE, eGADp, A ND EXECUn HERE 0 F AP PROV ED : /2 .~/2 ~~ ~ jI COM MI SS IO N V OTE : M ayor Philip s : Comm issio n er H ar r is: 5 "0 'Yea Yea Comm iss io n er Gil : Ye a Comm iss io n er Li e bm a n : Yea Comm iss io n er Co r ey: Yea Page 2 o f 2 , City Commission Agenda Item Report Meeting Date: January 18, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Agenda Item No:3. A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Me mo-FuchsJ mprove me nts. docx Reso-Fuchs Improvements.docx Proposal-Fuchs Park Improvements.pdf SRS Professional Service Agreement.pdf 1 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 Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 18, 2022 SUBJECT: A Resolution authorizing the City Manager to hire SRS Engineering, Inc. to complete design and contract documents for new capital improvements at Fuchs 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. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the lime rock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park. EXPENSE: ACCOUNT: The existing shelter structure is showing early warning signs of damage and structural improvements will be required in the near future. Staff recommends completing design plans for a new metal roof system, replace the deteriorated wood beams with concrete beam support, and to raise the height of the roof system for a better view of the pond. Staff also recommends that contract documents include new LED bollard lighting along the trail to further enhance beautification efforts at the park, improve visibility, and to provide a sense of security in the evenings. In summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services. This engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. Amount not to exceed $58,543. The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $1,471,625 before this request was made. 2 THE CITY OF PLEASANT LIVING ATTACHMENTS: Resolution CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Proposal-Fuchs Park Improvements Professional Services Agreement -SRS Engineering} Inc. 3 January 7, 2022 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 Fuch Park New Walkway Lighting and Reroofing of Picnic Shelter Dear Mr. Pough , We app reciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professiona l Services Agreement for General Engine ering and Arch itecture Services , we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connect ion w ith the referenced project. The Scope of Work as we understand it at the present time w ill cons ist of the electrical engineering design , permitting , and construction phase services for the in stal lation of walkway bollard lighting along newly constructed walkway around lake, new comme rcial aerating fountain system , new 4' high perimeter fencing around playg round, and reroofing of the existing limerock picnic shelter at Fuch Park located on US 1 and SW 80 lh Street. All work shall be in accorda nce with the accepted practices and design standards of the City of South Miami , Miami-Dade County and local regu lator y agencies. This work wi ll include th e following : Design Services: 1. Provide Project Adm ini stration serv ices , in clud in g attending meetings and coo rdination w ith City Staff and Electrical Engineer to discuss project and City requirements 2. Conduct site vis it s and field investigations as needed for design. 3. Research of exist in g surveys and "A s-Built " drawings of previous projects w ithin the project area . 4 . Prepare base plans from previous walkway design drawings and As-Bui lt drawings information (pr ov ided in CAD) to be provide by City. 5. Cont ract and coo rdinate with Surveyor to obtai n survey of picnic shelter including locations and elevations of top of columns . 6 . Provide project management and coordination w ith electrica l engineer for the design of the walkway bollard lighting along ne wly constructed wa lk w ay around lake and ne w co mmercial 6 January 7, 2022 Page 2 aerating fountain system , including submittals to City for review and comments and final completion of design drawings and specifications. 7. Provide project management and coordination with structura l engineer for the design of the reroofing of the existing limerock picnic she lt er, including submittals to City for review and comments and final comp letion of design drawings and specifications. 8. Prepare plan and details for the perimeter fencing the playground area . 9. Provide plans processing and permitting thro ugh City of South Miami Building Department. 10. Prepare submitta l to the City of South Miami 's Environmental Review and Preservation Board (ERPB) and attend ERPB meeting for approval of project (if required). 11. Provide limited construction phase services including coordinating with electrical engineer and attending pre-bid meeting , pre-construction meeting and 2 site inspections during construction. SUBCONSUL TANTS The following are professiona ls contracted be SRS Engineering , Inc . to assist in the prepa r ation of the work outline above . • Basulto & Associates, Inc. (Electrica l Engin eers) -Please see attached fee proposal for additional information. • Botas Engineering, Inc. (Structural Engin ee rs) -Please see attached fee proposal for additional information. • Hadonne Corp. (Surveyor) -Please see attached fee proposal for additional information . The City of South Miami will provide SRS with the following: • Design drawings and topographical survey of the newly constructed wa lk way project showing new walkway , shelters , and playground areas. These dra w ings sha ll be provided in AutoCAD format to be used as our base for our design. SCHEDULE OF WORK -TIME OF PERFORMANCE Consultant s hall begin work within five days from notice to begin and sha ll have the existing conditions photos and report w ithin one week and 100 % completed drawing for City review within four weeks thereafter. ACCEPTANCE This proposal and fee schedules are based on the accepta nce within thirty (30) days of the date of preparation . If not accepted by yo u wit hin that time period , we reserve the right to re-evaluate the terms and conditions contained herein. 7 ACCEPTANCE OF PROPOSAL January 7 , 2022 Page 3 We would expect to commence our services promptly after receipt of your acceptance of this proposal. COMPENSATION Our Engineering Fees for the above described Basic Services wil l be a lump sum amount shown below . Please see attached fee breakdown for additional information . Payment w ill be based on monthly invoicing as a percentage of completion of work. Our Engineering Fees are as follo ws: Walkway Lighting Design (Basulto) ................................................ $ 12,000.00 Shelter Reroofing Design (Botas) ........................................ " ......... $ 36,650.00 Shelter Survey (Hadonne) .................................................. " .............. $ 2,228.00 Project Coordination and Administration (SRS) .............................. $ 7,165.00 Reimbursable expenses and Permitting Fees ..................... " .............. $ 500.00 Total ................................................................................................... $58,543.00 This Proposal and our City Ag reement 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 w riting when sig ned 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 , c9, J~ Ignacio erralta , P.E. Presi nt I have re ad the foregoing Letter of Agreement and agree to all terms and conditions stated therein . Accepted this ___ day of ______ , 2022 City of Sou th Miami By: ____________ _ Title : _____________ _ 8 ACTIVITY BYSRS Projec:t Mlnag.menllnd Adminl.tl1ltion Projecl Admmislrahon and Coordmation ...,th Ctty S~e ViMS Research 01 surveys and as-blul! mlol'lTlat'OO'\ Preparabon 01 base plan Proje ct coord,nabon dunng de sign Preparauon 01 plan alld details lor the PlaYilround Fe!'Ie>l1g Plans procenmg and permnlf19 (C rty 0 1 So MJa mij Plans processing and permitting (ERPS) lJmr..ed Construdion Phase ServICes TOTAL ACTIVITY BY OTHERS Basulto am! Assocm les, Inc Basuho and ~sooales. Inc Bolas Engilleenna. Inc. BOl aS Engineering. Inc . Hadonne COl'll ENGI NEE RIN G COST BREAKDO W N C ity of So ut h Mia mi Fuchs Pa r k Wa l kwa y li g ht in g a nd Sh elte r Rer o ofin g PRINCIPAL SR. PROJ. MGR SR ENGINEER ENGINEER HRS RATE HRS RATE HRS RATE HRS RATE 5160 00 5150 00 5125 00 59000 , 518000 $150 00 $12500 5 9000 , 51 6000 , 5150 00 512500 59000 $180 00 , 5150 00 512500 5 9000 5180 00 , 5150 00 5125.00 , 590.00 $180 00 6 $150 00 $12500 5 9000 5180 00 , 5150 00 $12500 6 59000 $160 00 , 5150 00 $1 2500 , $9000 $16000 , $150 00 $12500 , 59000 5180 00 , 5150 00 512500 , 59000 5180 00 $150 00 $12500 59000 516000 5150 00 $1 2500 59000 5 5180 00 " 5150 00 0 512500 " '90 00 DE$CRlPTlON Design Phase Services Conslructoon Phase Services Oeslan Pna!1I ServiceS Construction Phase Services Survey o f Shelter SUMMARY CAD TECH CLERICAL HRS RATE HRS RATE 565.00 54500 56500 , 54500 56500 '''00 56500 545 00 6 565.00 545,00 $65.00 '''00 6 $6500 545 00 , $65 00 $45.00 , $6500 $4500 565 00 , "5 00 555.00 545 00 565.00 54500 " 565.00 5 545 00 TOTAL · ACTIVITIES BY SRS {SaJan es) ______ ~S~7~.'6~5~ ____ ~X __ I~ ____________________ __ ACTIVITIES BY OTHERS ESfim ated OUT OF POCKET EXPEN SES IIlcJuding re produCliOn costs and permottong fees. etc TOTAL THIS PROPOSAL DATE: 21 1512020 TOTAL TOTAL HOURS COST S 5900 00 3 "" 00 , $150 00 9 5720 ,00 6 '900 00 " 51.23000 6 $75500 9 $1 .02500 9 51 .00500 0 5000 0 5000 65 57,165.00 COST 59,500.00 52 .500 00 528.570.00 58.08000 52 ,22800 550,878 .00 5 7,16500 550,87800 5500 00 $58 ,54 3.0 0 9 B A s L T o A s s o A T E S CONSUL T I NG ENG INE ER.S December 6 ,2021 Ignacio Se rra Ita SRS Engineering , In c. 5001 SW 74 Court, Suite 201 Miami , Fl or id a 33155 Project: Fuchs Pa rk Location: 6445 SW 8 1st St , Miami , FL 33 14 3 Dear Mr. Serra Ita , Propo sal # 2021151 We are pleased to submit our proposal to provide Professional Engineering Services for the above-mentioned project. Basic Services: Ou r scope of work wi ll consist of : A. Design 1. Walking path lighting utilizing bolla rd type fixtures . 2. Renovated pavi lion lighting utilizing vandal type f ixture. 3. El ectrica l power to new water feature . 4. Re-work electrical service as needed . B. Construction Administration 1. Respond to contractors RFI 's. 2 . Review shop drawings . 3. Three site visits . Construction Document level drawings sha ll be prepared in acco rdance w ith local codes . Drawings shall be submitted a long with any required calculations for permit. Site visits during design to verify e xisting conditions shall be considered part of basic services . Assistance in obtaining permit in the form of responding to Building Department plan review comments, shall be considered part of Basic Services . Construction Administration as noted above . Compensation: Our proposed fee shall be as follo w s : Design Fee: $ 9,500.00 Construction Administration Fee: $ 2,500 .00 14160 Palmetto Frontage Rd. Suite 22 Mia mi Lakes . Florida 33016 Page I of3 www.basulte.com Phone (305) 698-3988 Fax (305) 698-3989 10 Proposal # 2021 151 Payments are requested as follows: Per City of South Miami Payment Schedule Payment is according to the listed prices above. In accordance with Florida Statutes, Section 715.12, "Prompt Payment Law" we reserve the right to accrue interest at a rate of 12% APR, beginning 14 days after payment is due. Please make checks payable to: "Basulto & Associates, Inc. II Exclusions: • Processing or walking drawings through the building department are not included. • Cost estimates are not included. • Technical specifications (book type) are not included. Additional Services: • Modifications to drawings due to owner requested or value engineering changes shall be considered additional services and shall be billed accordingly. • In-House printing charged at $0.20 square feet. • Cost estimates shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. • Technical Specification Books shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. Compensation for Additional Services shall be hourly at: Principal Hours: Engineering Hours: Drafting Hours: Clerical Hours: $265.00 $190.00 $140.00 $ 85.00 Thank you for an opportunity to serve you. We look forward to working with you on this project. Should you have any questions, please do not hesitate to contact our office. Sincerely, ~~ Rene I. Basulto, PE, MSEM CGC, CFEI, CPE, CPO Principal BAS /tJ L T 0 ASS 0 ':~c '>·.1 A T [ S Page 2 of3 11 Proposal # 2021151 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 Title Printed Name Date BAS .,iQ, L T 0 ASS 0 \C.:,J A T [ 5 Page 3 of3 12 B[]lAS Engine ering, Inc. STRUCTURAL ENGINEERS Dece mbe r 2, 202 1; r ev . Dec. 10, 2021 SRS Engineering, In c. 5001 SW 74th Court, Suite 201 Miami, Florida 33155 Attn: Mr. Ignacio Serra Ita, PE Project Name: Subject: Dear Ignacio: Fuch Park -New Roof Syste m fo r Pa rk Sh elter. St ru ctu r al Fe e Pr o p osa l As req ues t ed, we are submitting a f ee pro posal for th e structural d es i gn for th e r e pl ace m ent of th e entire r oof. Based o n t h e co nd ition of the exist in g structure, our sco pe wi ll in cl ude the fo ll ow ing ta sks. • Re pla ce the peri meter wood b eam w ith a co n crete bea m w i t h a wood veneer. • Rep l ace th e ex isti ng rustic t ru sses w ith cu stom ex pose d trus ses at 24" O.c.; th e memb er s of th e wood trusses wil l be co nn ected w i t h cus tom i ze d st ee l pla tes. Th e new r oof w ill co nsi st of m eta l pane l s o n a ton gu e an d g roov e/plywood syst e m . • Pro v i de a 12 " (h eig h t) concrete p ed es t al o n top of eac h ex i st ing co l umn s to r ai se t h e roo f system. • Re pl ace th e two deteriorated wood co lumns in front of the sh elte r w ith a rectangu l ar co ncret e co lumn with a lim es ton e ve nee r (to m at ch ex i stin g co lumn s) an d on a shallow found ation. In o rd er to d ev elop the r equired de sign , we wou ld need a r ece nt "detailed" su r vey with d i mens io ns, el evat ions and sizes o f ex i st ing st ru ctu r al members. For th e des ign o f all th e co mp onents o f t h e new r oof system, th e curr e nt wind cr ite ri a w ill b e imp lement ed . We w ill in itia ll y submit 30 % pl an s fo r r ev iew and appr ova l; t hi s w ill fo ll ow a 60% submittal and 100% sign ed and sea l ed su bmittal. Our sco p e of work in clud es design, perm i t su pp o rt and post des ign se rvi ces (res pon ses to RF I's, shop drawings r ev iew and Special In sp ect ions) Our fee for t he above-mentioned sco pe wil l be a lump sum of $36,650.00 a n d the dist ri buti o n is at t ac h ed. 8935 NW 35th lone SUite #207 • 001'"1 fl 33 172 • T"' 305-418 9111 • fax. 305-4 18 -91 12 13 Jlll gc 2 of 2 12121202 1 : rc \ 121 10/202 1 l-ueh I'nr" If you have any qu es tion(s) or need ad dition al info rm at io n to be i nclud ed i n th i s letter, pl ease let us know at you r ea rli est co nve ni en ce. Th ank you ve r y mu ch for co n si deri ng us fo r thi s proj ect. Rega rd s, BOTAS Engineering, Inc. ~. Patricia M. Botas, P .E. President Accepted Dat e 8935 NW 35th Lan". SUile 1t202 • oor·al. fL 33172 • Tel 305 Id8-9111 • fa x 305-418-91 12 14 Con s ullant Nam e: BOTAS ENGINEERING. INC. Es tim at o r 's Nam e' PMBolas , Sr Project Senior Eng inee r Manaaer Task Des criptio n Hourly Ra te Hourly Rate $150.00 $125.00 Man Hours Man Hours Fuch Park Ph ase I : 30% Submittal 16 18 Phas e II: 60% Submitta l 8 18 Phase III: 100% Submitta l 8 '8 Phase IV: P e rmitting Suppo rt Phase V : P o s t D esign Se rvi ces (Ins p e ctio n s, RFl's, 20 Rev i e w Sh o p Drawi n gs) Tot,1 HOII'l ". 14 .0 Total S;la Co su $4.800.00 SUSO.OO COS! (gmWIUlons' $36,6S0oo (b) Opera ting Margin@ TOTAL FEE FOR DESIGN= Da te : Nam e of J o b ' Bo~{ng_riog.I~ .. 011. '. S r Desi gner! CADD Senior Adm in Enoineer Technician Insoector Hourly Rate Hourly Rate Hourly Rate Hourly Rale 590.00 565.00 590.00 $0 .00 Man Hours Man Hours Man Hours Man Hours - 27 40 25 30 -- 25 40 24 '2 40 22 - 141.0 122.0 12.0 0 .0 $12,690.00 $1,'30.00 SO .OO SO .OO Pre par ed b y: Patricia M. Botas, P .E. $36.650.00 121212021:rev 12/10/2021 Fucl! Park Roof Hours per T ask Salary Cost per Task Admin Hourly Rate $0 .00 Man Hours 59,680.00 57,650 .00 58.300.00 52,940.00 58 ,080.00 0 .0 SO.OO 16.6SO.oo Da le: 10.[)ec·21 ® HADONNE Monday, December 06, 2021 Submitted to: Ignacio Serra Ita, P .E. SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 In reference to: PROPOSAL/AGREEMENT Land Surveyors and Mappers Land Development Consultants Subsurface Utility Designates SENT VIA: ignacio@srs-corp.com Surveying Services for the project as shown on the attached Exhibit "A" located within the City of South Miami, FL. Dear Mr. Serralta: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (He) is pleased to submit the following proposal for your consideration: Project Understanding: The main purpose of this Survey is for the Design Consultant (SRS) to design drainage structures, milling and resurfacing of the existing asphalt in addition to sidewalks repairs. Scope of Services: 1) Perform a Detailed Survey of the Park Shelter as shown on the attached Exhibit "A" Deliverables: Five signed and sealed copies of the resulting Map of Topographic Survey along with the resulting CAD (DWG format), LandXML and PDF files. Time of Completion: We have estimated Two calendar weeks to submit a preliminary survey and three weeks for the final submittal of the Topographic Survey. HADONNE 11985 NW 88 th Court· Suite 101 • Doral. FL. 33172· P: +1(305) 266-1188· F: +1(305) 207-6845· www.hadonne.com· LB7097 1/4 16 PROP _FUCHPARKSHELTER_DETAILSURVEY _12-06-2021. DOCX Qualifications: County and / or Municipality Fees are not included in this Proposal and are the Client's responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Standards of Practice for Land Surveying in the State of Florida", pursuant to Rule 5J17-05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2021. Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate all conditions that may interfere with HC's ability to furnish services, and weather conditions. HC will require a 48-hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to HC. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at +1(305) 266-1188. ~SpectfUIIY' HADONNE 11985 NW 88th Court· Suite 101 • Doral, FL. 33172 • P: +1(305) 266-1188· F: +1(305) 207-6845 • www.hadonne.com· LB7097 2/4 17 PROP JUCHPARKSHEl TER_DETAILSURVEY _12-06-2021.DOCX Schedule of Fees: 3-Man Survey Crew Surveyor 8t Mapper Pro. Land Surve 8t Map. Survey/CADD Tech. No. Scope of Service Rate HR Sub' Rate HR Subt Rate HR Subt Rate HR Subt Reimb. Subtotal 01) Location 1 $ 130 8 $ 1,040 $ 95 0.5 $ 48 $ 120 1 $ 120 $85 12 $ 1,020 $ 2,228.00 __ Project Total:~ $2,228.00 HADONNE 11985 NW 88" Court· Suite 101 • Doral. FL 33172· P: +1(305) 266-1188· F: +1(305) 207-6845 • www.hadonne.com·LB7097 3/4 18 PRO P JUCH PAR KS H E L TE R_D ET AI LS U RVEY _12·06·2021. DOCX EXHIBIT "A" r :1:" t-" '" ' .0 ' s:. ui '" c 0 r I ''" e:ltK~ o o o o o x~ . .~ l~,,~ L ! T_ o 0 o o o '0-.J;J, o -'" ~ ~ ~r[E~f~ r'~'~i';; ~ r,:: ~ IIJ::: ~ :;: ~ 11#:: !rJ ·Tlj~:::~'·· r-·~":·l;~::j;' "" : :i'E'" ,O' ~ G::::::::: ~::: :r.:r:: SHEET 8 r'Tg~f;:; ~::: ~ g;t:: EXISTING LAKE Co --=-.-~~, ~Q ~ o 1: __ -----== o o~ o o o ___ o ---o ~ ~ -7~' HiiL-\ L_-~"\ Ii , 'EET 9 \1 Ii f" " _::::::l HADONNE 1 1985 NW 88 " Courl ' Sulle 101 · Oora l, Fl. 33172 · P: +1(305) 266 ,1188 , F: +1(305) 207,6845 · WV/W,hadonne,com ' L87097 4 /4 o ?~l~~ aUIL()!'4G '--" SHEET? -' o o o r::Tr.~;"'b '" r r'Ti ~:::;:: ;r::: ::i!!:l: o [~ri>:~ o __ '_'J_'" :' ". : :W)(\.·!lf) L::~~~'~ -~~ } ~\ SHEET6 19 rEXHBII8T tV6 PR@FESSBONAL SERVDCre AGIREIEMENT "Profaulonai GencaralllES'lgineemolJ8l_ AvdIItectua-mD Services" RFQ IIPW2OB6-D THIS AGREEMENT made and entered' Into this ~ day of ~etH:t . 20 n by and between die City of South Miam~ a munidpal corporation (hereinafter referred to as Owner or CITY) by and dtroup Its City Manager (hereinafter referred to as CITY or Citr Manager) and S RS EM i) ,,*e~gJ *4 c l ri L who Is authorized U) do business In the State of florida. (hereinafter referred to as die "CONSULTANT"). In conslderadon of the premises and the nwtual covenants contained In this AGREEMENT. the parties aaree to the followinl terms and conditions: 1.0 General PrpyisloDS 1.1 A Notice' to Proceed will be Issued by the Oty Manapr, or his designee. following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive righ1s co perfonn work en behalf of me Owner other damn the work desaibed In one Olr more Nodce to Proceed (herelnafreoo referred to as the "WORK"). nor does it obllpte the Owner in any manner to parantee wOrk for the CONSULTANT. 1.2 The CITY agrees that it '11111 furnish to the CONSULTANT available dati and documents in the CITY possession pertaining to the WORK CO be perfonned under this AGREEMENT promptly after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 ScapI! gf Services. The CONSULTANT shall perform the work as set fgnb In the Segpe of Serykes as clesqlbed In the Notice to proceed. 3.0 Dme for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Nodce to Proceed from the CITY subsequent to the execudon of this AGREEMENT and shall be completed within the dme set forth In the Notice to Proceed or other document slped by the CIty Manager, or designee. 3.2 A reasonable extension of dme will be granted In the event there Is a delay on the pan of the CITY In fulftllinllts part of the AGREEMENT. change of scope of work or should any other events beyond the control of che CONSULTANT render performance of his duties Impossible. 4.0 Rpm qf Compensation; The fees for services of the CONSULTANT shall be detennlnecl by one of the foUowlng methods or a. comblnadon thereof, as mutually agreed upon by the CITY and me CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and If such an agreement is reached. it shall be In wrid", signed by die CONSULTANT and the City Manager and auached hereto as ATTACHM£NT A: 4.2 Hourly rate fee: If there Is no fixed sum or If additional work Is requested without an agreement as to a fixed sum, the CITY agrees to pay. and the CONSULTANT agrees to accept. for the services rendered pursuant to this AGREEMENT, fees In accordance with the hourly rates that shall .ndude afl Them. P. Pepo 100IlI2016 PageSlof'6 135 20 waps, beneftu. overhead and profit and chat maiD be in wridng. signed by the CONSULTANT and d1e Cicy Manager and auached hereto as ATTACHMENT A. s.o Pgment BDd Partial Paymeng. The CIlY will make monthly paymencs or parcial payments to die CONSULTANT for all authorized WORK performed durlna rhe previous calendar month as set forth In the schedule of paymenc as set forch In ATTACHMINT A or. If no schedule of payment exhibit is attached U) this AGREEMENT then payment will be made 30 days following the reeelpt of CONSULTANTs invoice as the work progresses but only fOf the work actuaDy perfonned and approved In wrIdng by the Ch.y Manager. 6.0 Rf&ht of Declsigns. All services shaD be performed by die CONSULTANT to the satisfaction of me CITY's representative, who shall cfedde all questions, difficulties and disputes of whauwer nature which may arise under or by reason of this AGREEMENT. the prosecutfon and fulfillment of the services, and die character, quality. amount and value. The representative's decisions upon all dllms. questions, and disputes shall be final, conclusive and blncBinl upon the pmrtIes unless such determlnaliOn Is clearly arbitrary or unreasonable. In die event that the CONSULTANT does not concur In die judgment of the representative as to any decisions made by him. CONSULTANT shall present his written objections to the 0" Manager and shall abide by the decision of the a.,Manapr. 7.0 Qwnershia of Dgmmen§. All reports and reproductble plans. and other data developed by che CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY wI1hout restriction or limitation. 8.0 AudIt Rights. The CITY reserves the riPt to audit the recorcQs of the CONSULTANT relatJad to this AGREEMENT at any time during the e=cution 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 Tmth:ln NeatiatJpns: If the contract amount exceeds the threshold amount provided In s. 287.017 for category foUf. the CONSULTANT shall execute a truth-ln-negoUation c:eniftcate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the dme of contracting. In such event. the original contract price and any additions thereto shaD be adjusted to exdude any slgnlftcant sums by which the City determines the contract price was Increased due to Inaccurate, Incomplete. or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Subletting, The CONSULTANT shaD not asslan or tranSfer Its rights under chis AGREEMENT without lIle exprass written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL T~T's rights. The CITY may. In Its sole discretion, allow the CONSULTANT to assign Its duties. obHptlons and responslbUlties provided the assignee meets all of the CITY's requirements to the CITY's sole sadsfactlon. 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 Unauthorlgd Mens; The employment of unauthorized aliens by the CONSULTANT Is considered a Yloladon of Federal Law. If the CONSULTANT knowinJly employs unaudlorlzed aliens. such vloladon shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves me right at lis discretion. but does not assume the obngation. TI&amaI F. Pepa 10I1lJ2016 Page Sl of 66 138 21 to require proof of valkII citizenship or, in the alternative. proof of a vaJkI areen card fOIr each person employed In ahe performance of work or provldll1l die goods aneUor services for or on behalf of die arv Indudtns persons employed by any Independ4mt contractor. By reservlna this right, the CITY does not assume any oblJpdon or responslbWty co enforce or ensure compliance with the applicable laws andlor regulations. 12.0 Warran1¥. The CONSULTANT warrants that it has not employed or retained any company or person. other than a bona fide employee worldng solely for die CONSULTANT. to solicit or secure dlls contract and that he has not paid or agreed to pay an, company or person other chan a bona fide employee working solely for the CONSULTANT any fee. commission, percenlap fee, aIfrs or any other conslderadons continpnt upon or resulting from the award or making of this contract. For breach or violation of this warranty. the CIlY shall have me right to annul this contract without liability. 13.0 rennfnatlgn. It Is expressly undemood and agreed that the CITY may terminate this· AGREEEMENT for any reason or no reason and wkhout penalty by eIdIer declining to Issue Notice co Proceed authorizing WORK. or, If a Nodce co Proceed Is Issued. CITY may tennlnate this AGREEMENT by written notice CO CONSULTANT. and In eIdler event che CITY's sole obligation to the CONSULTANT shall be payment for the work previously authoriled and perfonned In accordance with the provisions of this AGREEMENT. Payment shall be detennlnecl on die basis of the work perfonned by dle CONSULTANT up to the dme of eermlnatlon. Upon termination, che CITY shall be entIded to a refund of any monies paid for any period of time for which no work was performed. 14.0 Imm ThIs AGREEMENT shall remain in force undl the end of the term, which includes aU authorized renewals. or unless otherwise terminated by the CrN. The term of this agreement Is three (3) years from the Issuance of the Notice to Proceed and one two- year optJon-to renew. The option to renew Is at the dlscredon of die City Manager. The CITY may cermlnate tOle connce wkhout cause following 30 days advanced nodce to die CONSULTANT. However. In no event shaD the term exceed five (5) years following the Issuance of the Notice to Proceed. 15.0 Default. In the event either party faIIi to comply with the provisions of chis AGREEMENT. the aggrieved party may declare the other party In default and notify the defaulting party In writing. If CITY Is In default. the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be emlded to any consequential or delay damapse In the event thac parcial payment has been made for such professional services not completed, the CONSULTANT shall retUrn such sums to the CITY within ten (10) days after nodce that said sums are due. In the event of any lidpdon between the parties arising out of or relatll1lln any way to mls AGREEMENT or a breach thereof. each pany shall bear 115 own Costs and legal fees. 16.0 Insumnee and Inctemnlfteatlgn. The CONSULTANT agrees to comply with ClTYs Insurance and Indemnlftcadon requirements that are set forth In ATTACHMENT I.to this AGREEMENT. 17.0 Aaraement Not ExclusIVe. Notitlns1n this AGREEMENT shall prevent the CITY from employing other CONSULTANTS co perform the same or similar services. 18.0 Codes. OrdInances and Laws.. The CONSULTANT qreas to abide and be governed by all duly promulgated and pubnshed munldpaJ, county. state and federal codes, ordinances, rules, reguladons and laws which have a direct hearlfll on the WORK involved on this proJect. The CONSULTANT is required to complete and sign all affidavits. including Public Entity Crimes Afftdavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's sollcitadon, If any, appncable to this noma IJI. Pepe 1011 SIlO 16 Page 53 of 66 137 22 AGREEMENT. 19.0 Iau. CONSULTANT shall be responsible for payment of aU federal, state. andIor local taxes related to the Work. induslve of sales we if applicable. 20.0 Drug Free WprlqRce.. CONSULTANT shall comply with CITY's Drug Free Workplace pollq which Is made a part of this AGREEMENT by reference. . 2J.0 Inde.pendent Contractpr. CONSULTANT Is an Independent entity under this AGREEMENT and nothing contained herein shall be construed to create a parcnershlp, Joint venture. or agency relationshIp between the pardes. 22.0 DUSieI Md BnponsibUIdes. CONSULTANT aarees to provide Its services during the term of this AGREEMENT In accordance with all applicable laws. rules. repJatIons. and health and safeif standards of me federal, state, and CITY, which may be applicable to the service being provided. 23.0 U""", and CirtlftCUlgns. CONSULTANT shall secure aU necessary business and professional Dcenses at Its sole expense prior to executing the AGREEMENT. 24.0 EntIre Agmemept. MpdJftqdpn. and Binding Effect This AGREEMENT constitutes the entire aareement of the panles. incorporates all the understandings of the parties and supersedes any prior a,eements. undemancllnp, representadon or nego~on, written or oraL ThIs AGREEMB\IT may not be rnocftfled or amended except In wrldng. signed by bcnh pardes here1O. This AGREEMENT shall be binding upon and Inure to the benefit of the CIty of ~ Miami and CONSULTANT and to their respective ~elrs. successors and assIps. No modification or amendment of any terms or provisions of dds AGREEMENT shaiD be valid or blndl"l unless It compOes wldl this paraaraph. This AGREEMENT. In general, and this paragraph, in partladar. shall not be modified or amended by acts or omissions of the pantes. If this AGREEMENT was approved by wrtaen resolution of the CIty Commission. or If such approval is reqUired by ordinance or the Cit¥ Charter, no amendment co this AGREEMENT shall be valid unless approved by wriUen resolution of the Ctt, Commlsston. 25.0 JU[)! Trial. CITY and CONSULTANT knowingly. Irrevocably voluntarily and intentionally waive any right either may have to a trial by Jury in State or Federal Court proceedlnp in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or die perfQrmance of the Work thereunder. 26.0 YaildlY qf Executed CPJHes. This AGREEMENT may be executed in several counterpaJ1S. each of which shall be constrUed as an original. 27.0 Rules of Inteqntation; Throughout this AGREEMENT the pronouns that are used may be substituted for male. female or neuter. whenever applicable and die singular words subsdtuted for plural and plural words substiuJted for singular wherever applicable. 28.0 SayerablDty. If any tenn or provision of this AGREEMENT or die appllcadon 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 CO persons or drcumstances 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 shaD be valid and enforceabfe to the fuUest extent permitted by law. 29.0 Cumulative Remedies: The ~udes and oblipdons imposed by the contract documents, If any, and the rights and remedies available hereunder. and, In particular but without limitation. the warrandes. iUarantees and obflgadons imposed upon CONSULTANT by the Contract Documents, If any. and this AGREEMENT and the rtahts and remedies avalJable to the CITY hereunder, shall be In addldon to, and shall not be construed in any way as a limltadon 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 Ie in this Tbamat P. Pep0 lalIJI2016 Pap S4 cf" 138 23 i , J 1 1 I 1 1 J J ~ AGREEMENT, or exlsdng In law or In equity, it shall not be necessary to Jive nodce, other than such n01ice as ma}'be heretn expressly required. No remedy conferred upon or reserved to any party hereto. or existing at law or In equity, shall be exdusive of any other available remedy or remedies. but each and every such remedy shall be cumuJadve and shall be In addition 10 ev2rf other remedy. given under this AGREEMENT or hereafter existing at law or In equity. No delay or omission to exercise any right or power accrulna upon any default shall impair any such rlaht or power or shall be cons1I'Ued to be a waiver thereof, but any such rf&ht and power may ba exercised from dme to dme as often as may be deemed expedient. 30.0 NOn-Waiyer. CITY and CONSULTANT aaree that no failure to exercise and no delay In axel cising any rJaht. power or privilege under this AGREEMENT on me pan of ekher party shall operate as a waiver of any right. power, or privilege "nder this AGREEMENT. No waiver of dlls AGREEMENT. In whole or pan. Including the provisions of this parawaph, may be mpHed by any act or omission and will only be valid and enforceable If in wrkfng and duly executed by each of the parties to this AGREEMENT. Ally waiver of any term. condition or provIsion of this AGREEMENT wiD not constitute a waiver af any other term. condition or provision hereof. nor wm a waiver of any breach of any term. condldon or provision conscitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any pardcular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No DlsqImlnMlon and Equal Eropkmnent; No action shall be taken by the CONSULTANT, nor wiD it permit any acts or omissions which result In discrimination aplnst any person. Including employee or applicant for employment on the basis of race. creed. color. ethniclty. national origin. reIJiIon. age. sex. famUlai status, marital status. ethnidty. sexual orientadon or physical or menial cfasabUIty as proscribed by law and thu It will lake afRrmadve action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans widI Disabilities Act and It will take afRrmadve acdon to ensure that such discrimination does not mke place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations reprding emplo)'ment ebglbiJlty and employment practices In leneral. Thus. all individuals and emides seeking to do work for me CITY are expected to comply wkh all appbcabJe laws. governmental requirements and regulations, Including che reguladons of the United States Depanment of Jusdce penalnlng to employment elfglbillty and employment praedces. By signing this AGREEMENT. the CONSULTANT hereby cerdftes under penaJtr of perjury, to che CITY. that CONSULTANT Is In compliance with all applicable reaulations and laws governing employment practices. 32.0 Ggyernlollaws. This AGREEMENT and the performance of services hereunder wUl be governed by the laws of the State of florida. with exclusive venue for the. resolution of any dispute being a coun: of competent jurisdiction In Miaml·Dade County. Rorlda. 33.0 Effecdye Dam. This AGREEMENT shall not become effecdve and binding until It has been executed by both parties hereto. and approved by the Oty Commission If such approval Is required by Oly's Charter. and the effective date shall be the date of its execution by the last party so .execudng it or If City COmmission approval is required by the CltYs Charter. then the date of approval by City Commission, whichever Is later. 34.0 Third Pany Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third.party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by 1"hDma F. PeP" 10IImol6 Pagess of 6' 139 24 anyone other than the parties hereto. and that only the pardes hereto shall have any rlghu hereunder. 35.0 Further AguranceJ. The parties hereto agree to execute any and all other and further doarments as mJ&ht be reasonably necessary in order to ratify. conffrm. and effectuate dle Intent and purposes of dlls AGREEMENT. 36.0 Dme of Essence. TIme Is of the essence of this AGREEMENT. 37.0 'DIIX'P'"I'Itkm. Thls AGREEMENT shaH not be constrUed more strongly against either party hereto. regardless of who was more responsible for Its preparation. 38.0 Forr.e f1a1eure. Neldler pany hereto shall be In default of Its faUure to perform Its obJJptlons under dIls AGREEMENT If caused by adS of God. civil commotion. strikes, labor disputes, or lovemmental demands or requirements that could not be reasonably . anddpared and the effects avoided or mitigated. Each party shall notify die emer of any such occurrence. 39.0 SubqmqacdQlj If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to d1a CITY for the aces and omissions of Its subcontractonlsubconsultanu ~ fa: Is for the acts and om!ssions of people dfrecdy employed by It. All subcomractonlsubconsultants and dtelr aan=nena. If allowed by this AGREEMENT, must be approved by ahe CITY. The CONSULTANT shaD require each subcontractor. who Is approved by dae CITY. to agree In the srubconnct to observe and be bound by all obIIpdons and condldons of this AGREEMENT to which CONSULTANT Is bound. 40.0 PUblic Records: CONSULTANT and all of its subconnuors are required go comply with the public records !law (s.119.0701) while providing gaods and/or services on behalf of die CrN and the CONSULTANt. under such conditions. shall Incorporate this paraaraph In all of its subcontracts for this Project. Under such condidol'D, CONSULTANT and Its subcontractors are specifically required to: (a) Keep and maintain pubBc records requIred by the publlc agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be Inspected or copied within a reasonable dme at a cost that does not exceed the cost provided In litis chapcer or as otherwise provided by law; (c) Ensure that public records mat are exempt or confidential and exempt from public records dlsdosure requirements are not disclosed except as authorized by law for the duradon of the contract term and following compledon of the canncc If the contractor does not vansfer die records to the public agency; and (d) Upon compledon of the contract. transfer. at no cost. to the public agency all public records In possession of the contractor or keep and maintain pubhc records required by the pubnc agency to perform the service. If the conlractor transfers all public records to the public scent)' upon completion of the contract, the comraccor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requlreme~1S. If the contractor keeps and maintains public records upon compledon of cite contract, the contractor shall meet all applicable requlremems for reulnlng public records. All records stored electronically must be provided to me public agency. upon request from die public agency's custodian of pubUc records. In a fonnat that Is cornpadble with the Informadon ~nololY systems of the pubDc lIency. UP THE CONTRACT@R HAl QUESTIONS REGARDING THI APPUCATION OF CHAPTER 08", FLORIDA STATUTES, T@ THE CONTRACTOR'S DUTY TO PROVIDE PUBUC IUCORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBUC RECORDS AT 305-663-6340; E-mail: mmenandmz@southmlamltLgov; '830 Sunset Drive, South Miami, iFL lJ 143. 41.0 Ngdces. Whenever notice shall be required or permitted herein, it ,shall be lItomas F .. PQlpe 1011312016 Page 56 of6G 140 25 delivered by hand delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mall. 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 mall. the date on the retum 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: With copies to: To CONSULTANT: City Manager. . 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-25 I 0 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami. FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gQY. 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 exerdsed. the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer. in accordance with such officer's powers to bind the CONSULTANT hereunder. and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ON WITNESS WHEREOF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 1011312016 ~ By: ~ ./,,»Steven Alexander ~/ City Manager Page 37 of 66 r I I 26 Read and Approved as to form, language. Legality and ExecUlion thereof: Page $8 of 46 142 27 sJ~iami 1111 '"Y UI l'UASA."\lllYlStO ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professlonal 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 Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" Is defined as: G Certified Arborlst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review Includes the initial site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certlfied 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. ~ glneering, Inc. Ignacio SerraltalPresldent (Name of Signatory) Read and Approved as to Form, language, legality a nd Execution thereof: ~ ... ~.::::. L/-"" By: . ../ /"':;?~~r~" Thomas F. Pepe, ety Attorney ~ By: L .17 ~/~ teven Alexander, City Manager ... /. ~ 28 ibGmas P. Papa 1011112016 ATTACHMENT fA. "(;OMPIetNISATDON P' PROIFlESlg@NAL SERVOCE AGIUEMENT "Prof4talasad General Englneerlns_ ~ ~Ias" RIFQ AQDWUD6-D Pige 59 of 66 143 29 Professional General Engineering & Architectural Services RFQ IIPW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect . $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 30 A rr ACfHIMJENT.1I DNSURANCE tis IfNHCEMINIDFBCAT801N1 RIEQYDREMEINITS fJDROlP!lSIONAL saViCE AGUEMI&NT "Profesilaaall CiialllGtrmi Easlneerlni uti AfrchltadurmO Servlcee" IIfFQ .WHI6-a! 1.0 I 0 Insumoca A. Wllhout limiting ID liability, die connctor, consulant or consuldns firm (hereinafteB- ·referred to as "FIRM" with regard to Insurance and Indemnificadon requirements) shall be required to procure and maintain at its own expense durina the life of the ~mract. Insurance of die types and In the minimum amoums _ted below as will pro*, the FIRM. from dalms which may arise out of or result from che COftIB'aCt or die perfonnance of me comraa wIda the CIty of Saudi Miami, whether such claim Is apinst die FIRM or any sub-contractor, or by anyone dlrecdy or Dndlreedy employed by any of them or by anyon~ for whose acts any of diem may !be (labie. B. No insurance requIred by the CITY shall be Issued or written by a surplus lines cameo- unless aUlhorized 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 shaD malnlaln the Insurance wldl a company or compantes lawfully authorized to seU Insurance In the State of Florida. on forms approved by die State of FDorida. as will protect the FIRM. at a minimum, from all clalms as set forth below which may arise out of or result from the FIRM's operadons under the Conbet and for whIch che FIRM may be leplJy bable. whether such operations be by the FIRM or by a Subcontractor or by anyone cDrecdy or DndJrecdy employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation. disability benefit and other similar employee benefit acts which are appbcable to the Work to be performed; (b) dalms for damaps because of bodily injury, ocalpational sickness or disease. or death of me FIRM's employees: (c) claims for damages because of bodily InlmY. 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, Indudingloss of use resuldng there from: (I) claims for damages because of bodily Injury. death of a person or property damage arlslna out of ownership. maintenance or use of a motor vehicle; (g) dalms for bodily Injury or property damage arising out of completed operations; and (h) claims Involving connctualilabllity Insurance appncable to the FIRM's obligations under the Contract. 1.0 II Arm's losurau s, GeneraDy. The FIRM shall provide and malnuln In force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the Insurance coverage written on Rorida approved forms and as set forth below: 1.012 Wgrkers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation laW' of the State of Florida indudlng Chapter 440, florida Statutes, .as presendy written or hereafter amended. and all applicable federal laws. TIlomae IF. Popo IGlI3I2G16 Page 60 of 66 145 31 In addldon, the pondes must Include: Employers' UabUtIJ at the statutory coverage amount. The FIRM shall funher Insure that all of Its Subcontractors maintain appropriate ley~ls of Worker's Compensation Insurance. 1.013 Commercial Cqrnprpbensiya GeneralLJabUt\}' insurance with broad form endorsement. as well as automobile liability, completed! operations and products bability. contraccuaillabillty, severabHIty of Interest with cross liability provision. and personallnlury and property damase liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, lndudina: o Personal InJury. $1.000,000; o Medical Insurance: $5.000 per person: o Property Damaa« $500.000 each occurrence; 1.014 Umbrella Comrnardal CgmprebeosJve General Uabilh;y 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 dalm and $2.000.000 Annual Aftre8ate. Coveraa8 must be afforded on a form no more resttrfcdve dian me latest edldon of the Comprehensive General Uability policy, without restricdve endorsements. as filed by the Insurance Services Office. and must Indude: (a) Premises and Operation (b) Independent Contractors (c) Produas and/or Compleled Operations Hazard (d) Explosion, Collapse and Underground Huard Coverage (e) Broad Form Property Damz&e (I) Broad Form Contractual Coverage applicable to this spedftc ConU"aCt. including any hold harmless ancUor indemnificadon agreement. (g) Personal Injury Coveraae with Employee and ContracaJai Exclusions removed, with minimum limits of coverage equal to those requfred for Bodily Injury Uablhty and Property Damage Uabitity. 1.015 Business Autpmgblle UabUIg with minimum Umla of On~ MIllion Dollan ($1.000.000.00) plus an add1donal One Mllbon Dollar ($1.000,000.00) umbrella per occurrence combined single IIndt for BodIly Injury Uabllity and Property Damage UabIDty. Umbrella coverage must be afforded on a form-no more restrlcdve than the latest edition of the Business Automobile Uablbty policy. wId10ut restrictive endorsements. as flied by with the state of Florida. a~d must indude: (a) Owned Vehldes, (b) Hired and Non .. Owned Vehldes (c) Employers' Non-Ownershlp 1.016 SUBCONTRACTS: The RRM agrees that if any pan of the Work under the Contract is . sublet, the subcontract shaD contain the same Insurance provision as required by of the Rrm, other than the Fire and &tended Coverage Insurance and subsdtudng the word Subcontractor for the word FIRM and substitudng the wore" FIRM for CITY where appncable. 1.017 8re and Exqmded Coyemp Insurarg (BuIlders' RIsk). IF APPlICABLE: C. In the event that this contract involves the construction of a structUre, the FIRM shall main1ain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad P form/All RIsk Insurance on bulld1np and strueaJre5, Indudlng Vandalism " Malidous Mischief covenae, while In the course of constructlon, Including foundations, additions. attachments and aD permanent fixtures belonging to and consdtudng a part of TbonuIt F.lI'epe 10IIJI2016 Pap" of66 148 32 said bulldlnas or structUres. The policy or polldes shall also cover machinery. If the cOst of machinery Is Included In the Convact. or If die machinery Is located In a bullcll"l that Is being renovated by reason of this cona"aCi. The amount of Insurance must, at all times, be at least equal to the replacement and actUal cash value of the Insured property. The poUcy shall be in dle name of che CITY and the Arm. as their Interest may appear. and shall also cover die Interests of aU Subcontractors perfOrming Work. D. All of the provisions set forth In Miscellaneous section herein below shaD apply to this covera&8 unless It would be dearly not applicable. 1.018 Misqllaneous: F. If any nouce of cancellation of Insurance or change In COYenDl8 Is Issued by the Insurance company or should any insurance have an explradon date that will occur dLll'lnl eIle period of this contract, che FIRM shall be responsible for securina other accepable Insurance prior to such cancelladon. change. or explradon so as to provide continuous coverage as specified In this seed on and so as to maintain coverage during me life of this Contract. G. AD deduc:dbles must !be declared by me FIRM and must be approved by the CITY. At the option of the crrv, either die FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, In a fonn smtlsfactory to the CITY covering die same. H. The poItdes shall contam waiver of subropdon apinst CITY where applicable. shall expressly prov1d~ that such polley or policies are primary over any other coUecdble Insurance 1I1at CITY may have. The CITY reserves the right at any time to request a copy of the required polldes for review. All policies shall contain a "severabllll¥ of Interest" or "cross liability" clause without oblipdon for premium payment of the CITY as weD u contractual liability provision covering the FIRM'S dlJtV to Indemnify the City as proVided In this Agreement. I. Before starting the Work. the FIRM shall deliver to the CITY certiflcates of such Insurance, acceptabOe to die CITY, as well as die Insurance binder. Wone is Issued. die Insurance poRcy. Includil1l me declaration page and all applicable endorsemems and provide the name. address and telephone number of the Insurance aaent or broker through whom the policy was obtained. The insurer shall be rated A VII or better per A.M. Best's Key Rating Guide, latest edldon and authorized to issue insurance In the State of Florida. All Insurance pobdes must be written on forms approved by the S1ate of florida and they must remain in full force and effect for die duradon of the contract period with the CITY. The FIRM may be required by the CITY. at its sole discretion, to provide a "cerdfled copy" of ~e Policy (as defined In ArtIcle I of this document) which shaD Include the declaration page and aD required endonemenu. In addition, the FIRM shall'dellver. at the time of delivery of the Insurance certificate, the follOwing endonements: ' (3) a policy provision or an endonement with subsmmJaJly similar provisions as follows: 1'IIorna F. Pepe 801'JIJ016 "The Cit¥ of South Miami is an additional Insured. The Insurer shall pay all sums that the City of South Miami becomes leplly obtipted to pay as damages because of 'bodily inJurY·, 'property damage' , or "personal and advertising InJury" and it will provide U) the City all of die coverage that Is typically provided under the standard florida approved forms for comrnercialgeneral hablUty coverage A and coverage a": Page 62 of 66 147 33 (4) a policy proVisIon or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled Ondudfng cancelladon for non-payment of premium). terminated or materially modified without first &lvlng the City of South Miami ten (10) days advanced written nodce of the Intent to materially modIfy the pobey or to cancel or terminate the policy for any reason. The n01iftcadon shanl be delivered to d1e City by cerdfted mal~ with proof of delivery to the City.1t 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 addldon to die above requIrements. the FIRM shall also provide Professional UabUlty Insurance on a Florida approved fonn In the amount of $1.000,000 with deductible per dalm if any. not to sceed 5% of the limit of liability provldlng for all sums which me FIRM shall become leplly obligated to pay as damaaes for claims arising out of the services or work performad by the FIRM its agentS. representatives. Sub Contractors or -Ips. or by any person employed or reQined by him In connecdon with this Aareement. This Insurance shall be maintained for four years after completion of the constnlcdon and accepumce of any Project covered by dlis Agreement. However. the FIRM may purchase Speclftc ProJeu ProfessIonal Uabllity Insurance. In the amount and under the terms specified above, which Is also acceptable. No Insurance shall be issued by a surplus Rnes carrier unless authorlmd In wridng by the dt)' at the dty's sole. absolute and unfetr21 ed discretion. G. The Firm accepa and voluntarily Incurs aD risks of any InJuries, damages. or harm which ml&ht arise during the work or event that Is occurring on the CITY's property due to the nesligence or other fault of the Rrm or anyone acdnJ through or on behalf of me Firm. H. The Firm shall Indemnify, defend, save and hold CITY. its officers, afflnaw, employees. successors and assigns, harmless from any and aD damages, dalms, liability. losses, dalms, demands. suits. fines. Judsments or cost and expenses. Incfudlng reasonable attorney's fees, paralegal fees and investigative costs incidental there to and Incurred prior to, during or following any IIdpdon. mediation. arbitration and at aD appellate levels. which may· be suffered by, or accrued against. charpd to or recoverable from the CIty of Soudl Miami, its officers. affiliates. employees. successors and assians. by reason of any causes of actions or claim of any kind or nature, including dalms for injury to. or death of any person or persons and for the loss or damage to any property arising out of a negligent error. omission, misconduct, or any gross negligence. intentional act or harmful conduct of the firm, Its contractor/subcontractor or any of their officers. directors. agents, representadves, employees. or assigns, or anyone acting chrough or on behalf of any of them. arising out of this Aareement, Inddent to It. or resuldng from me performance or non-performance of the Firm's obllgadons under this AGREEMENT. I. The Finn 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 Thoma F. Pepe 101.312016 Page 63 of 66 148 34 officers, affifiales. employees, successors and assigns, indudinJ their attorney's fees. in the defense of any acdon In law or equity broUJht against them and arIsing from me ne&lJ&ent error, omission. or act of the Firm. Its Sub-Connc:tor or any of chetr agents, representatives, employees. or assigns, ancUor arisfn8 out of, or Incident to, this Asreement. or incident to or resulting from the perfonnance or non-perfonnance of the Firm's obligations under this AGREEMENT. J. The FIrm qrees and recogniEes thzt nelcher the CITY nor Its officers. affiliates. empfoyees, successors and assigns shall be held Dable or responsible for any claims, Including the ccms and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm. Its cOJ1tractorlsubcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them. and arisIng out of or concernin8 the work or event dlat 15 occurring on die CITY's property. In reviewing. approving or rejecting any submissions or acts of me Finn. CITY In no way assumes or shares responslbtnty or lJablllty for the acts or omissIons of die R~. Its contractor/subcontractor or any of their agents. representatives, employees. or -Isns. or anyone acting dlrouah or on behalf of them. K. The Finn has the duty to provide a defense ~ an attorney or law finn approved by the City of South MIami; which approval will not be unreasonably withheld. L However. as to design professional contracts, and pursuant to Section 725.08 (I), Florida SUIUteS, none of the provisions set forth herein above that are In conft1ct wlm dtls subparagraph shall appl}i and thls subparagraph shall set fonh the sole responsibUIty of the design professional concerning Indemnification. ThUs. the design professional's obllpdons as iO me City and la agenda. as well as to its officers and employees, Is to Indemnify and hold them hannless from llabllides. damages. losses, and costs. Includlng, but not limited to, reasonable attorneys' fees. to the extent caused by the negligence, recklessness. or InremionaJly wronaful conduct of the design professional and other persons employed or utilized by the design professional In the performance of the contract. 11IornaF.~ IOJI JI20 16 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF secnoN Page~of" 149 35