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Res No 010-22-15763RESOLUTION NO.010-22-15763 A Resolution authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. WHEREAS, pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, and as the next firm in rotation, city staff desires to engage Stantec to provide professional construction documents for new field sports lighting, artificial turf upgrades, and other supporting miscellaneous improvements such as bleacher shade structures, walkways, and perimeter fence system at South Miami Park; and WHEREAS, in summary, the work scope entails professional design services including but not limited to planning and data collection, civil design services, including landscaping, irrigation, electrical and structural engineering services, permitting assistance, bidding assistance, and construction administration services; and WHEREAS, the proposal/contract amount shall not to exceed $162,170; and WHEREAS, upon approval, this engagement will help to bring us a step closer to activating a hidden jewel on the north end, and enhancing player safety and performance while also maintaining the appearance of the facility all year round. 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 Stantec in the amount of $162,170 to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami 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 S. Effective Date. This resolution will become effective immediately upon adoption. Pagel of 2 PASSED AND ADOPTED this 18th Jay of Jan 2022. ATTEST: APPROVED: rvr CITE" C RIC MAYOR READ AND AP 'E R ��'ED S T FORM, COMMISSION VOTE: 5-0 LANGUAG AI ITY, AID Mayor Philips: Yea E E IJT HE:REJF Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea `CITY TI CRNEY Page 2 of 2 Agenda Item NoA. City Commission Agenda item Report Meeting Date: January 18, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo-SMP_Im prove ments.docx Reso-SMP_I mprove me nts.docx Proposal -South Miami Park.pdf Stantec Professional Service Agreement.pdf South(emliami 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 instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, and asthe firm in rotation, city staff desires to engage Stantec to provide professional construction documents for new field sports lighting, artificial turf upgrades, and other supporting miscellaneous improvements such as bleacher shade structures, walkways, and perimeter fence system at South Miami Park. In summary, the work scope entails professional design services including but not limited to planning and data collection, civil design services, including landscaping, irrigation, electrical and structural engineering services, permitting assistance, bidding assistance, and construction administration services. SOCCER PROGRAM: The City's Park and Recreation Department, through its service provider South Miami United FC ("SMUFC"), provides high quality recreational, competitive, and camp soccer programs for youth at South Miami Park. With very limited facilities located at South Miami Park (i.e. restrooms, concession, field lights), our partnership with SMUFC has been positive; however, management believes it could be better by activating the site similar to other city parks. The proposed design elements will further improve the city's revenue position, and enhance player safety and performance while also maintaining the appearance of the facility all year round. EXPENSE: Amount not to exceed $162,170. ACCOUNT: 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. F Y��"SoutMiami THE CITY OF PLEASANT LIVING ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Resolution Proposal — Stantec Professional Services Agreement — Stantec Stantec Stantec Consulting Services Inc. 801 Ponce de Leon Blvd Coral Gables Sufte 900 33134 SCOPE OF SERVICES Professional Services Agreement: Resolution 060-17-14861 South Miami Park, Soccer Field Turf Conversion December 14, 2021 City of South Miami Parks & Recreation Department 5800 SW 66th Street Miami, FL 33143 Main: (305) 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: South Miami Park, Soccer Field Turf Conversion City of South Miami, Florida Dear Mr. Pough: '®f It is our understanding that the City of South Miami Parks and Recreation Department (hereinafter referred to as the "CLIENT") wishes to upgrade the soccer field facilities at South Miami Park. The CLIENT would like to provide an artificial turf upgrade to the western two-thirds of the park to accommodate a full-size field and an additional 9 versus 9 field. The remainder of the open play area will be prescription Bermuda Sports Turf. The field area will be lit for competition with new sports lighting from MUSCO. The scope of the project will also include miscellaneous walkways, bleachers, and fences to be determined. PROFESSIONAL SERVICES In order to support this project, STANTEC will provide the design, drawings, specifications, and recommendations necessary for the proposed improvements. (see site exhibit attached hereto for limit of work). Stantec shall support and provide drawings and other deliverables commonly associated with the following milestone design submittal phases: Attend one (1) virtual Project Kick-off Meeting. Attend one (1) virtual Consultant Design Workshop Meeting. Construction Documents Milestone Submittals: 50%, 90%, 100% and Final. SCOPE OF SERVICES The services shall include the following tasks: Task 1 — Planning and Data Collection Task 1.1 — Due Diligence During the Planning phase of the project, Consultant will perform the following services: 1. Coordinate with City staff to verify permitting requirements, and design criteria for project. Page 1 of 9 Vr21561bus+ness_devetopmenti2t568t7 t9 City of South Miamdsouth miami parkProposattSouth Miami Field Convemon docx ©' (3� Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd Coral Gables Su'ste 900 33134 2. Coordinate with Miami Dade County and South Florida Water Management District staff to establish storm water management criteria specific to the proposed development and to determine the type and level of permit(s) required. 3. Coordinate with City staff to determine base design guidelines and client needs for the field. 4. Request and review available record (as -built) drawings and specific purpose topographic survey data for the existing site. 5. Establish type and level of play for sports striping needs. 6. Coordinate with City staff to develop the design and permitting schedule. 7. Coordinate with the City on a selected manufacturer to utilize for the conversion. 8. Coordinate with the manufacturer on product specifications and detailing towards standardizing to a City approved turf. 9. Upon completion of this task, a formal written schedule will be provided for the various elements of the project and agreed upon by all parties. Task 1.2 — Data Collection In preparation for project design, the Consultant will perform the following services: Geotechnical Services (to be provided by a sub -consultant): Provide a soils investigation of the existing field area for the purpose of determining the suitability of the in -situ soils for use in construction of a new synthetic turf field. The investigation will include two (2) SFWMD Standard Exfiltration tests. 2. Survey Services: Provide a special purpose survey of the field and surrounding areas to locate project elements and determine topography within the project area. The survey will be limited to the portion of the park with the field selected for conversion. Task 1.3 — Project Management 1. The primary objective of this task is to support the Client with overall project design continuity and multi -discipline information sharing and coordination amongst disciplines. Stantec will assist with the project design management through coordination with the Client and it's subconsultants through scheduled meetings, letters, transmittals, e-mails, memoranda, minor document control, and other forms of formal and informal communication, as appropriate. Task 2 — Design and Construction Documents Task 2.1— Civil Design Services This phase includes those designated services necessary to prepare the drawings, specifications and related documents setting forth in detail the requirements for construction of the project. Page 2 of 9 V. t2156Wustness_developmentQ15681119 City of South OamRsoutn mtamr parktProposanSoutn ldtamr Field Conversion d= 7 (3 Stantec Stantec ConsuBing Services Inc. 901 Ponce de Leon Md. Coral Gables Suite 900 33134 Provide design and layout services to configure the proposed artificial turf field in accordance with City requirements. 2. Provide construction documents to include (as a minimum) a cover sheet, demolition sheet, geometry plan, civil site plan, drainage plan, sections, notes and details sufficient for construction. 3. Provide an NPDES compliant Storm Water Pollution Prevention Plan (SWPPP) for managing project run-off during construction. 4. Provide drainage design, reports and computations as required by SFWMD. 5. Provide grading design, drainage structures and pipe connections to existing park storm drainage system. 6. Provide Specifications in CSI format. Specifications will include only those technical specifications found in Sections 1 through 16 of the CSI Master Specification list. 7. Provide an engineer's estimate of probable cost (EPC) at the 90% and 100% submittal phases. 8. Plans shall be submitted for phase review to City at the following developmental phases: a. 50% Plan Phase — Preliminary Development b. 90% Plan Phase — Permit Set c. 100% Plan Phase —Final Review d. Final Construction Documents Submittal, Issued for Construction. An electronic submittal in PDF binder format containing 24" by 36" size plans shall be delivered for review at each phase. All plans shall be prepared using AutoCAD Civil 3D 2019 or newer. Task 2.2 — Landscaping and Irrigation Services 1. This task will also re-route existing irrigation system as necessary to incorporate the proposed artificial turf field into the existing applied irrigation watering pattern. The artificial turf field will not be irrigated, and irrigation design is excluded. Task 2.3 — Electrical Engineering Services Provision of new Electrical Service — Stantec will coordinate with FPL for the provision of a new electrical service for the purpose of installing sports lighting on the new fields. It is unknown at this time if FPL has the appropriate availability of voltage and capacity of power for the necessary lighting at this location. This proposal only includes coordination and on -site provisions. This proposal does not include any offsite improvements. It should be noted that FPL may have charges for providing services to the park which will be paid by the City. 2. Provision of Sports Lighting - Stantec will coordinate with MUSCO to provide sports lighting for the project fields. Lighting photometrics and pole design will be performed by MUSCO. Stantec will implement the design into the project plans and provide services, panels, schedules, conduit runs, wiring, grounding as necessary for a complete design. Page 3 of 9 V:12156hhusiness developmenffi15681119 City of South Miamilsouth miami parklProposaASouth Miami field Conversion docx 8 5 Stantec Task 2.4 — Structural Engineering Services Stantec Consulting Services Inc. 901 Ponce de Leon Blvd Coral Gables Suite 900 33134 1. Provision of Shade Structures— Stantec will provide coordination with potential vendors for shade shelters over bleacher areas. We will develop plans for the inclusion in the bid that specify the projected shade shelter as a basis of design or approved equal. Task 3 — Permitting Assistance Stantec will prepare permit applications with supporting documentation for the owner's signature and subsequent transmittal to relative governmental agencies that may include: 1. South Florida Water Management District (SFWMD) - Review of storm -water management calculations and plans. 2. Miami Dade County Department of Environmental Protection — Review of storm -water management calculations and plans. 3. Florida Department of Environmental Protection (FDEP) — Storm water pollution prevention plan (SWPPP). Stantec representatives shall attend up to two (2) in -person or virtual (as appropriate) meetings with the regulatory agencies to determine the best method for design and permitting approach. After. Stantec has received comments from the applicable regulatory agencies, we will address comments and revise the plans to achieve agency approvals. Permit fees and impact fees are not included in the permit and are assumed to be paid directly by the City. The scope and fee of this task assumes the Client's selected contractor or permit expediter shall be responsible in applying, submitting, and obtaining the appropriate building permit applications applicable to the scope of work. Task 4 — Bidding Assistance The consultant will attend one (1) pre -bid meeting and issue as many as two (2) addenda in response to contractor questions. Once bids are received, The consultant will review the bids, prepare a bid tabulation sheet and check references of the three (3) lowest bidders to determine the most responsive and responsible bidder. The consultant will provide the City with a letter of recommendation based upon its findings. Task 5 — Construction Administration 1. Shop drawing review: The Consultant shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the General Conditions of each construction contract) and samples and other data that each Contractor is required to submit but only for conformance with the design concept of the Project and compliance with the information given in Page 4 of 9 V 12156%busmess_devdopmentL215681119 City of South Miamilsoutn mramr park ProposallSoutb Miami Field Conversion doa 4 Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, Suite 900, 33134 the Contract Documents (such review and approval, or other action, shall not extend to means, methods, sequences, techniques or procedures of construction, or safety precautions and programs incident hereto). Response to Requests for Information (RFI) by the Contractor: The Consultant will provide interpretations (up to four engineering person hours) of the plans and specifications developed in Tasks listed above and provide responses to the requests for information from the contractor during construction. The Consultant will advise the Client if a response to the RFI cannot be made based on a reasonable interpretation of the plans and specifications. The Consultant shall consult with and advise the Client as to the acceptability of substitute materials and equipment that are proposed by the contractor(s). 3. Site Civil Periodic Site Visits: The Consultant will conduct periodic site visits during the construction phase of the project to observe the work for general conformance to the plans, specifications and permit conditions. The Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). The Consultant's efforts will be directed toward providing the Client with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. During such visits and on the basis of on -site observations, the Consultant shall keep the Client informed of the progress of the work, shall endeavor to protect the Client against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents. The Consultant will provide a bullet format field report for each project visit. The report will summarize project observations as they relate to general conformance with the construction documents. 4. The Consultant will attend as many as four (4) bi-weekly construction progress meetings at the request of the Client for the successful administration, management, and technical execution of the Scope of Services. The agenda for each progress meeting will be determined by the Client. Meetings will be planned to last approximately one (1) hour. 5. Substantial Completion: Upon request of the Client, the Consultant will provide one (1) site visit (in addition to those described above) to review the construction site work for substantial completion and general compliance with the plans specifications and permit conditions. Based on the substantial completion site visit the Consultant will prepare one "punch list" listing any additional work to be completed for the site work. 6. Final Completion: Upon request of the Client, and confirmation by the contractor that the "punch list" items have been completed, the Consultant will provide one (1) site visit (in addition to those described above) to review the construction site work for final completion and general compliance with the plans specifications and permit conditions (subject to any conditions therein expressed). The Consultant will prepare a memo notifying the Client that the work has been completed. The Consultant shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the Consultant's own employees and agents) at the site or otherwise performing any of the Contractor(s)' work. 7. Construction Certification of Completeness to Permitting Agencies: Upon satisfactory completion of the work and submittal of satisfactory as -built drawings, inspection reports, tests, approvals, shop drawing, and other data by the contractor the Consultant will notify the permitting Agencies Page 5 of 9 V T156Wusiness—developmenti215681119 City of South Miamilsouth miam, parklPtoposallSouth Miami Field Conversion docx 14 (3 Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd Coral Gables Suite 900 33134 that the project has been completed and that based on our periodic site observations and information provided by the contractor that the project has been constructed in general compliance with the plans, specifications and permit conditions. The Consultant will note any significant deviations from the plans, specifications and permit conditions. SCHEDULE Commencement Date: Stantec is prepared to start and begin its work within ten (10) business days following a Notice to Proceed. Stantec will coordinate with the Client and provide the proposed scheduling of all milestone submittals, programming meetings, field visits, etc. Estimated Completion Date: Stantec estimates design and construction document completion within 180 days following a Notice to Proceed. Permits will be applied for in that timeframe with the ultimate approval expected within 90 days. However, the period of review and approval for permits is an estimate and not within the control of Stantec. FEE Subject to the terms below, Client will compensate Stantec as follows: LUMP SUM FEES Task Description Labor Fee Sub -Consultant Fee 1 Data Collection / Due Diligence $ 8,885.00 7,975 2 Project Design and Construction Documents $ 90,460.00 N/A 3 Permitting Assistance $ 12,130.00 N/A 4 Bidding Assistance $ 6,580.00 N/A 5 Construction Phase Services $ 35,640.00 N/A Design, Permitting and CA Fees $ 161,670.00 REIMBURSABLE FEES 6 Reimbursable Fees, Reproductions, Etc. $ 500.00 TOTAL TASK AUTHORIZATION FEE $162,170.00 REIMBURSABLE EXPENSES Reimbursable expenses: will be billed as an "as -incurred" cost. Project specific charges such as: travel (outside of Miami -Dade and Broward Counties), accommodations and meals; project specific printing of deliverables; consumables; usage charges for specialized field equipment and company owned, leased or rented project vehicles; external testing lab charges and other external services charges; specialized computer software costs; and other significant project specific expenses will be invoiced as -incurred per the appropriate reimbursable task and are deemed necessary and reasonable. Page d of 9 V-f2156Wusiness_devetopment1215681119 City of South M,iainilsouth iniami parhlaroposallSouth Miami Field Conversion docx 11 Stantec Stantec Consuttinp Services Inc. 801 Ponce de Leon Blvd Coral Gables Suite 900 33134 EXCLUSIONS, CLARIFICATIONS and ASSUMPTIONS The following is a list of STANTEC's exclusions, clarifications, and assumptions that were used in preparation of the Scope of Services: 1. The project limits shall lie within the confines of the selected field and property boundaries exclusive of the eastern parking areas and building site. 2. Colored renderings for any site elements are not included. 3. The scope of work includes preparation of plans related to this project in an AutoCAD platform, specifically AutoCAD Civil 3D 2019 or newer. 4. This proposal assumes the artificial turf field will not be irrigated. 5. The city is responsible for all utility locates if needed. 6. Traffic engineering studies and/or design are not required for this project. 7. There are no wetlands or environmentally sensitive areas being impacted on the property. 8. A set of CSI-format specifications will be provided for the project. Technical specifications will be included in the drawings where applicable. 9. Plans for construction staging and maintenance of traffic during construction will be prepared by the contractor. 10. Any earthwork and underground construction will be performed "in the dry" and that dewatering plans will not be required. 11. Any environmental assessment, site contamination issues, groundwater contamination and monitoring are not included in this proposal 12. During the course of the project, if actual project requirements or conditions are found to be different from the Project Understanding or Assumptions listed above, the Consultant will submit a supplemental scope of services and fee for any additional work that may be required to the Client for consideration. 13. This proposal assumes that a viable irrigation system is in place in the park. Irrigation services will include modification and rerouting for the existing system. 14. This proposal does not include the provision of any easements required by FPL or any other entity. These services will need to be provided by the City or can be provided as an additional service. 15. The scope of this proposal is based on Stantec's understanding of the current rules, regulations, and ordinances in effect on the date of this document. 16. Client is expected to make available any pertinent documentation regarding deeds, easements, rights -of -way, agreements with the adjacent property owner, etc. upon request. 17. For the purposes of this proposal, all Scope of Service work will be performed within the project area limits as defined by exhibit attached hereto. Any additional consulting for equipment, engineering, testing, or design services outside the project limits are excluded. 18. Stantec will utilize existing information, permit/construction plans, record drawings, reports and exhibits previously developed for the Project. Stantec's drawings may include information provided Page 7 of 9 VT1561business_ofevelopmen11215681119 City of South Miamilsouth miami parktProposaltSouth Miami Field Conversion docz 12 ® Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd Coral Gables Suite 900 33134 by others. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated within the design drawings as a result. 19. Stantec assumes the Client's selected contractor or permit expediter shall be responsible in applying, submitting, and obtaining the appropriate permit applications, as applicable to the scope of work. 20. As -built drawings are specifically excluded from the scope and fees shown herein and are assumed to be provided by the contractor for all installations. 21. Value Engineering is specifically excluded from the scope and fees shown herein. 22. Engineering, design, and/or mitigation for unforeseen, concealed, or undocumented existing conditions is excluded. 23. Identification, mitigation, or disposal of hazardous materials, including but not limited to mold and asbestos, is excluded. 24. Impact fees and permit application (soft costs) are excluded. 25. All services not specifically listed herein are hereby excluded. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Regards Stantec Consulting Services Inc. rw-� Aalize n Compel, AP, ENV SP Principal Phone: 305 445 2900 x 2230 sean.compel@stantec.com Page 8 of 9 V 121561business developmentl215681119 City o/ South Mramrtsouth miami parkProposallSouth Miami Field Conversion docz 13 4 Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd Coral Gables Suite 900 33134 By signing this proposal, City of South Miami authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on the Day day of Month, Year WII Print Name & Title Attachment: Attachment c C.C. cs document4 Signature This Proposal / Agreement is open for acceptance by CLIENT for ninety (90) days from the date above, after which it will be withdrawn by STANTEC and may be subject to renegotiation. End of Proposal Page 9 of 9 V: t2156Wusiness_devetopmenik215681119 City of South Miamilsouth miami parkiProposanSouth Miami Field Conversion docx 14 In St2lntec Consulting Scivices MANHOUR ESTIMATES (BASIC SERVICES 901 Ponce de Leon, Sulu.* 900 Coral Gables FL US 33134 ;sntsllr Miami TurrConvusten Office (305):445-2900 Design and Constrtlidon Proposal 1211412021 Sr. Prof, Senior Engineering se lo" Senter Pdrerpsal Marral - Engineer Intern CARD Tech Irupuctor Cledc.11 SriC TOTALS rw elt7llrilA¢S Y1�F3aP7C}ttr!; Sv'f.9 rttan4ta ",�`�: A/ia3r7}7{3LkPs r4'#7rIil6LffiS tvla#1}3C73&kS rVla..nitcrtlrs ulsc:KYraSlll�flEitlfl Gnittt`ar:! :: ask Swerve CatIrbiner9 :I lour) Rate S111C1.00 "a.:170.00 $145. 00; S95.00 .51r?DOD ${J[s.iJq �.,,15.t3r,? Fit IaOW5 Tralal Ttat;kl.. Tcala7l 3.5 City Building Department 0 2 2 6 0 0 0 S0 1 12 s1;3r3G=00 Noy 1''0TAt,S so 94 $1 ,130.00 St2.130.C)e et 9�.WE.s+. i^y Liw t. .:.. ... sLvit MENEEM 41 1 Prr-rlc9 n1;::Yirrr t1 4 0 0 0 0 0 se 1 $680,00 $12,130,00 4-3 RFI's G 9 6 0 0: 0 0 so 16 12,520,00 4 Addendum 0 8 S 0 0; 0 so 16 $2 520,00 4.5 FWAL ItO pr01105411S 0 e 0 D it Vt r 5o 6 56611 00 r[t:r;i.4 so 44 56.58t1.C}0 :. it,.s8uo ra �1 :s-T kri'.-f CYc35SrPSf.0 C?rr hgeY4'."lint" 0 4 a 0 0 1 0 so 4 S680,Ci0 S6,580.P1t7 5-2 Prni re%s r mofin¢ _, tit-ays*sv I a 5ui 0 0 0 0 £ 0 $0 56 S9,520.00 5.3 sho nrawri ".Review- Civil -0 8 24 0 0..: 0 0 _ s0 32 s4.i3dGeCl 5- t !alv n 0rntz ax Revtcw - Elorrocal - =r r 20 0 - 0 c 6 i Sp 26 53 92t1.00 5 G Revmw Pay Roc imsis, 0 1 0 (11 0: 0 0 5n 6 $1,350.00 5.7 FOR Slte vtilrs 0 SF 0 0 0 0 0 s0 56 S9,520MO 5-R Misc, Admin. (Il P, RFL fl 0 Ir 12 0 0; 0 0 so 16 S2420100 5=9 0b t Fi oI 0 m Tolson Ins a 1 Sltinchihst ¢a 1 0 0- 0 0 4 so a $860.00 5-10 Permit rweruftuoicin 20 1 ; 0 :3:`- 0 5o ,6 s'k". fiof 00 l Pr lacl CIP SX'.u43i 0 t1 0 0 # 50 12 S1i260.00 TOTALS 511) 2:2f S3a,C10.00 s3r,610:t70 TOTAL s7„97. 57;075 5153,695.00 535,640.00 NinwN t.:e wsurimian Plaktsu me rvic s, asswrvws ;t rull Construction irme of 200 Days $161.670,00 construction ScAroc uk" 200- Calendar Days 143 Work Days 29 Weeks In LLONG ITUD E SURVEYORS 7766 NW 48 Street _ Suite 375 oral„ FL 3166. 305.4610912 Longl"tude Surveyors LLC own Dear Mr. Herdocia, We are ploased to enclose the requested proposal for Surveying services. Please see attached detarlod rnforrnatron on our planned approach fo,r the Scope of Services. r, rlos . Hero la, , LE We Iccl4 forward to working Wth you on this Project. Project Manager' Longitude Surveyors LL Stante Cad Ponce de Leon Boulevard Suite 900 Coral Gables, FL 333 SURVEYORS Monday, November 22, 2021 VIA EMAIL: carlos.herdocla@slantec.co SOUTH MIAMI PARK Mr. Carlos M. Herdocia, PE, LEEL AP Project' Manager tantec 5trate 901 Ponce de Lean Boulevard Suite 900 Coral Gables, FL 33134 786.502.0701 RE; Surveying and Mapping services fear South Miami Park, South Miami, FL Dear Mr. Flerdocira. Pursuant tea your request regarding as free estimate for Surveying and Mapping services for the above - referenced project, LONGITUDE SURVEYORS, LLC (LS) is Teased to submit the following Proposal for your consideration, Scope of Work - ocrnda!y Survey with Elevations: ,;. Longitude Surveyors will perform is boundary analysis within Survey limits and will show graphically. �d LS will show lot lines and ownership lines graphically, as per recorded flats and field evidence. .,, Longitude ;Surveyors will sot horizontal and vertical control points within Survey limits .i Longitude Surveyors will collect the following above -ground imbrovera ents; buildings, fences, paved roads, signs, poles, slabs, aboveground structures and utilities, manholes, catch basins, frees, palms, and anther significant above -ground improvements. A Tree Survey will not be prepared. Elevations will be collected equivalent to a fifty(50) foot grid and will include hlghest adjacent/lowest adjacent points within Survey limits. .t. LS will collect existing drainage and sanitary informolion such as. rim elevation, pipe size, pipe material, pipe direction, and inverts. •.* LS will show easements found on the plat or which can be found performing d public search; however, without a Title Commitment or Title Search, More is no guarantee all easements will be shown on the Survey. .• The Survey will be referenced to the Florida State Plane Coordinate System based on the North American Datum of'1983/201 1 f NAD83/1 i *, Elevations will be referenced to the National Geodetic vertical Datum of 1929 (NGVD29), unless Client provides other Datum to be use a1 time of Notice to Proceed (NTP)a , Survey Limits. A portion of South Miami Park, 4300 SW 58 Aver -due, South Miami, FL 33155, having Miami -Dade County Folio Number 09-4024-000-0620, as per attached Exhibit provided by Client. Deliverables. Longitude Surveyors will provide a PLF and CAD file of the. resulting Survey, Signed and sealed heard copies will b provided upon request Time of Completion, LS has estimated eight(8) business days to complete this task. This flnieline is considered effective fwenty;four 124j hours after Notice to Proceed(NTP) is given' o the undersigned. Fee: The total professional fee to complete this task shall be a lump sum of 580 .00. LONGTILIDE SURVEYORS 7.769NW` F `lr,teel taMa 375 Do as - Pa 4 Fax: 305 �13,`;680 M L I understand and agree by signing below I APPROVE AND ACCEPT" this Proposal as a legal minding contract. By: Date: (Authorized Signature) Title: )'Typed or printed name) On behalf of the firma, i thank you for the opportunity to present this Proposal. We look forward to utilizing our crest professional efforts on your behalf on th's vary important Project. Respectfully Yours, V tt .n_ Eduardo M. Suarez, P M/Preside t IN • Geotechnical & Construction Materials NUln Engineering, Testing, & Inspection Environmental Services EngineersOffices throughout the state of Florida of Florida Inc. I Established 1967 www.nuttingengineers.com info@nuttingengineers.com YourProjed is OurCommitment November 22, 2021 Stantec Attn: Mr. Carlos Herdocia, PE 901 Ponce de Leon Boulevard/ Ste. 900 Coral Gables, FL 33134-3070 Phone: 305.446.2900/ Cell: 786.502.0701/ Email: carlos.herdocia@stantec.com Re: Proposal for Exfiltration Testing Services South Miami Park 4300 SW 581' Avenue South Miami, FL 33143 Dear Mr. Herdocia: Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal for performing exfiltration testing services for the referenced project. Per your email dated November 22, 2021 and review of the aerial provided, it was requested that we provide a proposal/ agreement for performing exfiltration testing services at the referenced site. Based on your request for proposal and our understanding of the project, we propose the following scope of work and fee schedule. SCOPE OF WORK We propose to perform two usual type open -hole exfiltration tests in general accordance with South Florida Water Management District (SFWMD) specifications to a depth of 15 feet each. Please be advised that in the event that the exfiltration tests are performed within the soccer playing field, we respectfully request the test locations be properly repaired by a professional turf contractor or South Miami Park personnel. At the completion of the on -site work, we will provide a brief report describing the testing procedures and the hydraulic conductivity (k value) of the soils. We assume the site is accessible to truck mounted drilling equipment and that the underground utilities will be cleared by Call Sunshine prior to our performing the on - site work. 2051 NW 112'h AVENUE, STE.126 MIAMI, FLORIDA 33172 • 305-824-0060 • FAX 305-824-8827 St. Lucie 772-408-1050 Broward 954-941-8700 • Palm Beach 561-736-4900 21 Stantec South Miami Park exfil 4300 SW 58th Avenue South Miami FL Page 1 of 3 FEE SCHEDULE The above indicated scope of work will be performed for an estimated cost of $2,175.00 based on the following rates and quantities: Technician site visit, utility clearance Lump Sum $150.00 Mobilization of equipment/ crew 1 @ $350.00 $350.00 SFWMD exfiltration tests Lump Sum $1,500.00 Project Engineer Lump Sum $125.00 Clerical/ Administration Lump Sum $50.00 Once we receive the executed/ signed proposal, project scheduling will commence. The on -site work should take approximately one business day to complete. The test reports should be available within approximately 10 —12 business days after the on -site work is completed. Thank you for providing us the opportunity to present this proposal. We look forward to working with you on this and future projects. Respectfully submitted, NUTTING ENGINEERS OF FLORIDA, INC. Scott Ersland Division Manager Richard C. Wohlfarth, P.E. Principal/ Director of Engineering Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written authorization to proceed. If you are a first-time client, we request that the balance due for these services be paid at the time of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed a 1 1/2 percent service charge per month until paid in full. PLEASE ENTER INFORMATION LEGIBLY BELOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SIGNATURE: PRINT NAME: COMPANY NAME: ADDRESS: PHONE: EMAIL: _ South Miami Park Stantec 4300 SW 58 Ave S Miami Wit 11-22-21 DATE: TITLE: 2051 NW 112ei AVENUE — STE.126 - MIAMI, FLORIDA 33172 • 305-824-0060 • FAX 305-824-8827 St. Lucie 772-408-1050 - Broward 954-941-8700 • Palm Beach 561-736-4900 22 Stantec South Miami Pork exf1i 4300 SW 58th Avenue South Miami FL Page 3 of 3 General Terms and Conditions For the purpose of this project, the addressee of this proposal will be known as the Client. The client is expected to fumish NUTTING ENGINEERS OF FLORIDA, INC. ("NE'), with accurate Information including sketch of survey and/or site plan, construction drawings/specifications as appropriate, details of proposed construction including the proposed structural system and loads or existing construction problem information and stte accessibility information as appropriate. Other information requirements may be detailed in the enclosed proposal. IF ANY CONDITIONS CHANGE such as building layout, loading, project specifications/design, or unusual site conditions are observed, NE should be notified immediately in writing about the changed condition for possible review and comment Should the Client wish to impose other conditions and requirements beyond those contained in this proposal such as in a separate contract, we reserve the option to modify contract language, fee amounts, to remove our proposal from consideration or other measures as may be indicated. Denvery—Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Additional report copies can be provided for a nominal fee to the Client NE will exercise appropriate measures to ensure project completion within a reasonable time frame subject to existing workloads. However, NE will not be held responsible for unavailability of necessary project data and site access within the time frame agreed upon for the investigation. Project delivery may be delayed if the ENTIRE signed proposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information. This unsigned proposal is valid for 60 days. Payment - No deposit required with signed agreement Balance due upon delivery of report. Directing NE to proceed with the work shall constitute acceptance of the terms of NE's proposal and these General Tema and Conditions. Interest at the rate of 18% per annum or the highest rate allowable by law whichever is less, will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client insurance— NE maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law. In addition, we maintain Comprehensive General Uability Insurance and Automobile Liability insurance with bodily injury limits of $1,000,000.W and property damage limits of $1,000,000.D0. A certificate of insurance can be supplied evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to cancellation. Right -of -Entry - Unless otherwise agreed, Client will furnish right -of -entry on the property for NE to make the planned borings, surveys, and/or explorations. NE will not be responsible for removing fences, earth berms, vegetation or other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount If Client desires to restore the property to its former condition, NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide NE with proper access to conduct its work. Damage to Existing Manmade Objects - it shall be the responsibility of the Owner or his duty authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to routes of access, field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or over -ground obstructions, such as utilities, septic tanks, etc., NE will give special instructions to its field personnel. In addition, Client waives any claim against NE arising from damage to existing man-made objects. Warranty and Umttatton of Liability - NE shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is promptly notified to writing prior to one year after completion of such portion of the services, NE will re -perform such portion of the services, or if re -performance is impracticable, NE will refund the amount of compensation paid to NE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included In this agreement. In no event shall NE or any of Its professional employees be liable for any special, indirect, incidental or consequential loss or damages, including but not limited to impact and delay claims. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. At additional cost, Client may obtain a higher limit prior to commencement of services. PURSUANT TO §S58.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES F: 11 1iii1VF0T# 0 01l,;I TZi & CC kiMIUM 7A-�iT4Zk indemnification — Client agrees to defend, indemnity and save harmless NE from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from NE's performance of the proposed work, whether such claims or damages are caused in part by NE, and agrees to reimburse NE for expenses in connection with any such claims or suits, including reasonable attorneys fees. Clients obligation to indemnity is limited to $2 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by NE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, ifany. Sampling or Testing Location - Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring rations described in our report or shown on our sketches are based on specific information furnished to us by others and/or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. It is understood that all drilling locations are accessible to conventional truck mounted drilling equipment unless otherwise specified by the client If unscheduled remobilizations or use of portable or all terrain equipment is required additional charges will apply. NE will attempt to clear utilities at our excavation/test locations by manual drilling to 3' below land surface (BLS). Any utilities/obstructions present at client specified test locations or below 3' BLS will be the responsibility of the client. Sample Handling and Retention — Generally soil test samples are retained for approximately three months after which time they will be discarded unless written instructions to the contrary are received from the client. Legal Jurisdiction - The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Palm Beach County, Florida. Any and all causes of action arising out of NE's performance of the Work, including but not limited to claims for indemnity, contribution and equitable subrogation, shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than the date of NE's last invoice for the Work performed hereunder. Force Majeure - NE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carriers, client or other similar causes beyond its control. Documents - NE shall be entitled to rely upon the accuracy and completeness of all surveys, reports and information furnished by the client. If conditions different from those described in our report are found at the site, NE should be notified in writing immediately upon discovery. NE reserves the right to revise conclusions and recommendations presented in the final report should additional information regarding the project become available. All permits will be obtained by others unless otherwise specified in this proposal or In writing to NE. NE has no liability for consequences of information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily examined by NE in such investigations within the time frame allowed for this investigation under this agreement. The client, entities identified in writing on the address portion of our report, design team professionals engaged by our client and building official staff are entitled to use and rely upon NE'S reports for purposes of the current project Other parties are not authorized to use or rely upon NE'S reports unless NE so states in writing. NE - General Contract Terms and Conditions May 2017 cc: Connie Gworek — Business Development Associate South Miami Park Stantec 4300 SW 58 Ave S Miami exfil 11-22-21 2051 NW 112th AVENUE — STE. 126 • MIAMI, FLORIDA 33172 • 305-824-0060 - FAX 305-824-8827 St. Lucie 772-408-1050 - Broward 954-941-8700 • Palm Beach 561-736-4900 23 6lual ficotfon Statement - Part 2 - Standard Forms EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016.22 THIS AGREEMENT made and entered Into this *6%'Sk day of Nth_, 20A-L by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S' MC who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT'). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK'). nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope ofServices. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page S 1 of 66 ct-ritsc City or South Miami - l2fQ 9Pw2016-22 I ProtessRonol General Engineering and Arctvtecturol Seances t t 24 QuoUlIcaffon Staternent - Port 2 - Standard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT' A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANrs invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITYs representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rigbts. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth -in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the* end of the contract. 10.0 Subletting. —The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANrs rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITYs requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens; The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page S2 of 66 °tr- City of South Miami -RFQ OFW2011&22 Professional General Engineering and Architectural Services 25 Quaftation Statement - Part 2 - Standard Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Way The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Jerm. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option -to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed five (S) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof,'each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT ENT 8 to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page 53 of 66 Ftr: `sc City of South Worm - RFQ OPW2016.22 Professional General Engineering and Architectural Services I 1 1 G 26 Qua1)tication Statement - Part 2 - Standard Forms AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except In writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 jua Trial . CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpggn: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severability. if any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, If any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CiTY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page S4 of 66 .: nf'= City of South Miami - RFQ 0PW201S22 Professional General Eng neertng and Architectural Semces 117 1 Quo0ficoiion Staiement - Part 2 - Standard Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Emplpyment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with -all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing jaws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party BeneficiarX. It is specifically understood and agreed that no other person or entity shall be a third -party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page SS of 66 F`.:tZtsc City o1 South Miami - RFQ OPW201 S22 Professional General Engineering and Architectural Services 28 Qualiflcoiton StWement - Part 2 - SPandord Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting_: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsukants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public .records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. OF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset ®rive, South Niami, FIL 33143. 41.0 Notices, Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 City of South Miami - RPQ 0PW201622 Professional General Engineeft and Architectural Services I i iS 29 Qualftation Statement - Port 2 - Standard Forms delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpeneftouthmiamifi.go_v To CONSULTANT: 42.0 Corporate AuthoritX: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATT D: By Mari M. M n ne ee dez�"C+1'C City Clerk ByR a a, , LE P, Vice President Stantec Consulting Services Inc. (Print Name.AboyA City of South Miami r-_____ — By: __,-Sf&en Alexander City Manager Page S7 of 66 Giiy of South Won i - RFQ #PW2016.22 11 Professionol Generot Engineering and Archilectural Services 11 2n 30 Read and !Approved as to Form, Language, Legality and Execution thereof Br Thomas F. Pepe, Esq. City Attorney Page 58 of 66 stwbc QuoURco!!on Stotrment - Pat 2 - Standard Forms Oly of Soulh Miami • RFG 4PW2016.22 Prolosgonal General Fogineering and hrudleduroi se+vices t�) 31 CA neemrmnt�s�wr�mnc ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professlonal General Engineering and Architectural Servleee IIFQ#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 CCHA professional services. "Certified Arborlsts Services" Is defined as: o Ceetlfled 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 aWs Land Development Code. The review Includes the Initial site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborlsts Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. City of South M By: Steven Alexander, aty Manager c AM10A eA&U.k, V. F. (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: Thomas F. Pepe, City Attorney 32 "COMPENSATION" PROFESSIONAL SERVOCE AGREEMENT Page 59 of 88 'lames F. ftpe IW13=1a 143 33 Professional General Engineering & Architectural Services RFQ #IPW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction inspector $75.00 Senior landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 34 ATTACHMENTS INSURANCE & ONDENNIFOCATOON REQUIREMENTS PROMM eERVICe APsNMENT "profmiong Genoml E nginerarIng mW AnNtachwd Servicee WQNW209&22 1.010 Insurance A. Widow limiting its liability, the contractor, consultant or consulting Arm (hereinafter referred to as "FIRK' with regard to Insurance and indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract. Insurance of the types and in the minimum amounts stated below as will protect the FIRM. from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miamb 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 authorisation shall be at the CITrs; sole and absolute discretion. The FIRM shall purchase Insurance from and shall malntain the insurance with a company or companies lawrfully authorized to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such � pperations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily Injury, occupational sickness or diseasei or death of the FIRIYi's employees: (c) claims for damages because of bodily Injury. sickness or disease, or dead~ of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage: (e) claims for damages. other than to the Work itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (Q claims for damages because of bodily injury. death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations and (h) claims Involving contractual liability Insurance applicable to the FIRM's obligations under the Contract. 1.011 Rrnfs Insurance Genera , The FIRM shall provide and maintain In force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter). the Insurance coverage written on Florida approved forms and as set forth below: 1.012 bloaters! Compensation Insurance at the statutory amount as to all employees In compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440. Florida Statutes, as presently written or hereafter amended, and all applicable federal lawns. Page 60 of K Yh=W F. P"a IW13=16 35 In addition. the policies must Include: Employers' Liability at the statutory coverage amount. The FIRM shag further Insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013. Commerclal Comprehensive General UabIIIW insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severabllity of Interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, Including: o Personal lnjur r $1,000,000, Medical Insurance: $5.000 per person; o Property Damage: $500,000 each occurrence; 1.014 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 $Z000,000 Annual Aggrepte. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must Include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (i Broad Form Contractual Coverage applicable to this specific Contract, Including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily injury Liability and Property Damage Liability. 1.015 Business Automobile LiabfllWwkh 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 Omit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded an a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must Include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership 1.016 SUBCONTRACTS: The FIRM agrees that If any part of the Work under the Contract is sublet, the subcontract 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 (Budder' Risky IF APPUCAS iM C. In the event that this contract Involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions. attachments and all permanent fixtures belonging to and constituting a part of Page 61 of 66 Yftantu F. ft" 1WIM016 146 q1 said buiid€rngs or structures. The policy or policies small 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 tinsel 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 fords In Mlscefteous section herein below shall apply to this coverage unless it would be dearly not applicable. 1018 mkcys: F. If any notice of cancellation of insurance or change in coverage is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the Cafe of this Contract. G. AD deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. In a form satishetory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall exxreuly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severabitlty of interest' or "cross Ilabillty" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to Indemnify the City as provided In this Agreement. I. Before starting the Work. the FIRM shall deliver to the CITY certificates of such Insurancei acceptable to the CITY, as well as the Insurance binder, If one Is Issued, the Insurance policy. Including the declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Beses Key Rating Guide, latest edition and authorised to Issue Insurance In the State of Florida. All insurance policies must be written on forms approved by the State of Florid and they must remain In full force and effect for the duration of the contract period with the CITY. The FIRM tray be required by the CITY, at its sole discretion, to provide a "card led copy" of the policy (as defined in Article I of this document) which shag include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: 'The City of South Miami is an additional Insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as dames" because of 'bodily Injury". 'property damage'. or "personal and advertising Injury" and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general rrabiUty coverage A and coverage B' Page 62 of 88 Thorp. F. Pepe tettsraots 14? KN (4) a policy provision or an endorsement with substantially similar provisions as follow "This policy shall not be cancelled (induding cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (00) days advanced written nodes of the inWM to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. if the FIRM Is providing professional services, such as would be provided by an ar chlw% 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 Uablllty Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the llmlt of liability providing for all sums which the FIRM shall become leg* obligated to pay as damages for dims arising out of the services or wont performed by the FIRM Its ages, representatives, Sub Contractors or assigns, or by any person employed or retained by him In connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Uablhty Insurance, In the amount and under the terms specified above, which is also acceptable. No Insurance shall be issued by a surplus lines carrier unless authorired in writing by the city at the cWs sole, absolute and unfettered discretion. Undlemnlffimdon 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 CIiY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify. defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims► demands, sults, fines, judgments or cost and expenses, including reasonable attornWs fees, paral+sgal fees and investigative costs Incidental there to and Incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, Including claims for Injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them. arising out of this Agreement, incident to W. or resulting from the performance or non-performance of the Firas obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Pale 63 of 66 Thom= F. Pepe 148 38 officers, affiliates, employees, successors and assigns, Including their attorneys fees, In the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Finn, its Sub -Contractor or any of their agents, representativesi employees, or assigns. andlor arising out of or incident to, this Agreement. or incident to or resulting from the performance or non-performance of the Rnn's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affilates, employees, successors and assigns shall be held liable or rmsponsible for any claims. including the casts and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that Is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the firm, CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents. representatives, employees, or assigns, or anyone acting through or on behalf of them. K. The Rrn has the duty w provide a defense with an attorney or lawn firm approved by the City of South Miami, which approval will not be unreasonably withheld. L However. as to design professional contracts. and pursuant to Section 725.08 (I). Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus, the design professional's obligations as to the City and Its agencies, as well as to its officers and employees, is to Indemnify and hold them harmless from liabilities, damages, losses, and costs, Including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recldessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional In the performance of the contract. THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of" Tbonm F. P"a 1011=016 149 39