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Res No 014-22-15767RESOLUTION NO.: 014-22-15767 A Resolution authorizing the City Manager to execute a professional service work order to Stantec Consulting Services, Inc., for design of improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street. WHEREAS, the City Mayor and Commission wish to provide improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street; and WHEREAS, this project was approved by Commission in the Capital Improvement Work Program; and WHEREAS, Stantec Consulting Services Inc., is one of four firms selected by Resolution No. 060- 17-14861, to provide professional service agreement for engineering services on as needed basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act"; and WHEREAS, Stantec Consulting Services Inc., submitted a proposal for professional engineering services; and WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and WHEREAS, the amount of $13,085 was found to be comprehensive and cost effective in its design approach; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to execute a professional service work order with Stantec Consulting Services Inc., for improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street for a total amount not to exceed $13,085. WHEREAS, the expenditure shall be charged to the to the Capital Improvement Program Fund Account number 301-1790-519-6450 which has a balance of $1,219,738.57 before this request was made. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to execute a professional service work order with Stantec Consulting Services Inc., for improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street for a total amount not to exceed $13,085. The expenditure is to be charged to the Capital Improvement Program Fund Account number 301-1790-519-6450 which has a balance of $1,219,738.57 before this request was made. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Page 1 of 2 Res. No. 0 1 4-22-15767 Section 4 : Severability. If any sect ion , clause, sentence, or phrase of this reso lution is f or any re aso n held in va lid or unconstitutional by a court of competent jurisdiction, the h o ldin g sha ll not affect the va lidity ofthe remaining portions ofth i s resolution. Section 5: Effective Date: Thi s resolution sha ll become effect ive immediately up on adoption. PASSED AND ADOP TED th is 1st day of February, 2022 . ATIEST: APPROVE ()~HU~ CITy d hK f COMM ISS ION VOTE: 5-0 Mayor Philips: Yea Commiss ioner Harris: Yea Commissioner Gi l: Yea Commissio n er Liebman: Yea , ~yr ORNEY Commiss ioner Corey: Yea Page 2 of 2 Agenda Item No:1. City Commission Agenda Item Report Meeting Date: February 1, 2022 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a professional service work order to Stantec Consulting Services, Inc., for design of improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street. 3/5 (City Manager-Public Works & Engineering) Suggested Action: Attachments: Memo_Design_Serv_Stantec_for_Alleyway_behind_62Av.docx Reso_Design_Serv_Stantec_for_Alleyway_behind_62Av_.docx Res No 060-17-14861.pdf south_miami_SW 62 Ave Alleyway1-24-22R.pdf 1 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 DATE:February 1, 2022 SUBJECT:A Resolution authorizing the City Manager to execute a professional service work order to StantecConsulting Services,Inc., for design of improvements to the alleyway behind SW 62nd Avenue from SW 64th Street to SW 68th Street. BACKGROUND:The alleyway segment behind SW 62nd Avenue from SW 64th Street to SW 68th Street is in poor condition with potholes and exposed based. To address the improvement to the alleyway, Stantec Consulting Services Inc., will properly design and reconstruct the alleyway with an eleven (11) feet of asphalt one way north bound direction and seven (7) foot wide swales on each side, west and east. The centerline of the alleyway will be the high point pitching at both side of the swales. Swales will consist of sod with a centerline lower that the edge ofpavement to receive stormwater runoff. Drainage will not be included. The design plans will include geometry/layout, alleyway reconstruction, milling and resurfacing, sections, and details. As the next City’s rotation list consultant, Stantec Consulting Services Inc., was requested to provide a proposal for drainage improvements. On January 24, 2022, Stantec Consulting Services Inc., submitted a revised proposal that is comprehensive and cost effective for the services requested. Stantec Consulting Services Inc. is one of four firms selected by Resolution No. 060-17- 14861, to provide professional service agreement for engineering services on as needed basis in accordance with Florida Statute 287.055, “Consultants Competitive Negotiation Act. AMOUNT:Amount not to exceed $ 13,085. Please refer to the consultant contract and fee schedule. FUND &ACCOUNT:The expenditure shall be charged $13,085 to the to the Capital Improvement Program FundAccount number 301-1790-519-6450which has a balance of $1,219,738.57 before this request was made. ATTACHMENTS:Resolution Resolution #060-17-14861 Professional Service Agreement Stantec Consulting Services Inc., proposal dated January 24, 2022 2 RESOLUTION NO: 060-1:7-14861 A Resolution authorizing the City Manager to enter into a multi-year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. WHEREAS, the City solicited a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services on an as needed basis; and WHEREAS, the professional services are required on an as needed basis and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act;" and WHEREAS, a Selection Committee comprised of City staff, reviewed the proposals received and identified a short list of respondents for further review; and WHEREAS, the short list of respondents were interviewed by the Selection Committee and subsequently scored and ranked; and WHEREAS, according to the terms and scope of services in the RFQ, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements to fulfill the City's needs and meet the requirements for quick response and specialized services; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into non-exclusive multi-year contracts with the firms for professional and general. engineering services on an as needed and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act" and shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. A copy of the contract is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent Page 10f2 5 RESOLUTION NO: 060-1:7-14861 A Resolution authorizing the City Manager to enter into a multi-year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. WHEREAS, the City solicited a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services on an as needed basis; and WHEREAS, the professional services are required on an as needed basis and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act;/I and WHEREAS, a Selection Committee comprised of City staff, reviewed the proposals received and identified a short list of respondents for further review; and WHEREAS, the short list of respondents were interviewed by the Selection Committee and subsequently scored and ranked; and WHEREAS, according to the terms and scope of services in the RFQ, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements to fulfill the City's needs and meet the requirements for quick response and specialized services; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into non-exclusive multi-year contracts with the firms for professional and general. engineering services on an as needed and on a rotation basis in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act" and shall be for a term of three (3) years and an option to renew, at the discretion of the City Manager, for one (1) two (2) year renewal for a maximum term of five (5) consecutive years. A copy of the contract is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent Page 10f2 Res. No. 060-17-14861" jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 11... day of March, 2017. ATTEST: APPROVED: ~ ffLffkl4fJ COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2of2 6 Res. No. 060-17-14861" jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 11... day of March, 2017. ATTEST: APPROVED: ~ ffLffkl4fJ COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2of2 THE CITY OF PLEASANT LIVING TO: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission March 21, 2017 Agenda Item NO"jJ) Steven Alexander, City Manager A Resolution authorizing the City Manager to enter into a multi-year contract with EAC I Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. The City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on an as needed basis and on a rotation basis, in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act." Nineteen (19) proposals were received in response to the RFQ. A Selection Committee comprised of Jane Tompkins/Planning Director, Shari Kamali/Deputy City Manager and Chairperson, Grizel Martinez/Public' Works Project Engineering met on January 19, 2017 to review the proposals and identified a "short list" of a total of eight respondents for further review and oral interviews. Interviews were scheduled on February 1, 2017 with the following "short list" respondents: 1. Calvin Giordano 2. Corradino Group 3. EAC Consultants 4. Marlin Engineering 5. RJ Behar 6. SRS Engineering 7. Stantec 8. TY Lin Immediately after the oral interviews were completed, Selection Committee scored and ranked the short list respondents. Based on the final scores and rankings, EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec were the highest ranked respondents. The Selection Committee's combined final "short list" rankings are below: Evaluator Calvin Corradino EAC Marlin RJ SRS Stantec Giordano Group Consulting Engineering Behar Eng. Shari 92 93 96 Kamali 100 96 97 98 Grizel 91 91 96 95 97 Martinez 95 90 Jane 85 70 90 Tompkins 90 80 85 90 TOTAL 268 254 282 285 271 279 278 RANK 7 8 1 5 3 4 TV LIN 100 96 75 271 5 7 THE.ClTY OF PLEASANT LIVING TO: FROM: DATE:· SUBJECT: BACKGROUND: . CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission March 21, 2017 Agenda .em NO.,J1) Steven Alexander, City Manager A Resolution authorizing the aty Manager to enter into a multi-year contract with EAC I Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec for general engineering services on an as needed basis. The City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on an as needed basis and on a rotation basis, in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act." Nineteen (19) proposals were received in response to the RFQ. A Selection Committee comprised of Jane Tompkins/Planning Director, Shari Kamali/Deputy City Manager and Chairperson, Grizel Martinez/Public' Works Project Engineering met on January 19, 2017 to review the proposals and identified a "short list" of a total of eight respondents for further review and oral interviews. Interviews were scheduled on February 1,2017 with the following "short list" respondents: 1. Calvin Giordano 2. Corradino Group 3. EAC Consultants 4. Marlin Engineering 5. RJ Behar 6. SRS Engineering 7. Stantec 8. TY Lin Immediately after the oral interviews were completed, Selection Committee scored and ranked the short list respondents. Based on the final scores and rankings, EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering, Inc., and Stantec were the highest ranked respondents. The Selection Committee's combined final "short list" rankings are below: Evaluator Calvin Corradino EAC Marlin RJ SRS Stantec Giordano Group Consulting Engineering Behar Eng. Shari 92 93 96 100 97 Kamal! 96 98 Grizel 91 91 96 95 95 97 90 Martinez Jane 85 70 90 90 85 Tompkins 80 90 TOTAL 268 254 282 285 271 279 278 RANK 7 8 1 5 3 4 TV LIN 100 96 75 271 5 THE CITY OF PLEASANT LIVING VENDORS & PROPOSAL AMOUNT: FUND & ACCOUNT: AlTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM In accordance with the Scope of Services in the RFQ and Florida Statute 287.055, "Consultants Competitive Negotiation Act," and, in order to fulfill the City's needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. Consultant fee schedules to be negotiated. Expenditures related this contract shall be charged to the Capital Improvements Account on an as needed basis. Resolution RFQ #PW2016-22 Pre-bid Sign-in Sheet Bid Opening Report Selection Committee Short List Selection Committee Final Rankings Professional Services Agreement Sun-Biz Report 8 THE CITY OF PLEASANT LIVING VENDORS & PROPOSAL AMOUNT: FUND & ACCOUNT: AlTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM In accordance with the Scope of Services in the RFQ and Florida Statute 287.055, "Consultants Competitive Negotiation Act," and, in order to fulfill the City's needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. Consultant fee schedules to be negotiated. Expenditures related this contract shall be charged to the capital Improvements Account on an as needed basis. Resolution RFQ #PW2016-22 Pre-bid Sign-in Sheet Bid Opening Report Selection Committee Short List Selection Committee Final Rankings Professional Services Agreement Sun-Biz Report i, :;~1Wi CITY OF SOUTH MIAMI "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Submittal Due Date: December 5, 2016 at 10:00 AM Solicitation Cover Letter The City of Sou~h Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed responses to the City's request (hereinafter referred to a.s "Request for Qualifications" or "RFQ"). The City desires to retain professional consultants to provide services as required under a non-exclusive continuing services contract. Selection of consultants shall be .in accordance with Florida Statute' 287.055, "Consultants Competitive Negotiation Act." All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City of South Miami or the City Manager (or manager's designee), for the City of South Miami as the context warrants or unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ#PW20 16-22 titled "Professional General Engineering and Architectural Services." The purpose of this RFQ is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, Exhibit ',), described in this RFQ (hereinafter referred to as "the Project" or "Project") .. Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web. address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents listed in the RFQ. The Proposal Package shall consist of one (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Professional General Engineering and Architectural Services," RFQ #PW20 16-22 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 AM local time on December 5, 2016. Hand delivery must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. Page I of66 9 "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Submittal Due Date: December 5, 2016 at I 0:00 A~ Solicitation Cover Letter The City of Sou~h Miami, Florida (hereinafter referred t~ as I'CSM") through its chief executive officer (City Manager) hereby solicits sealed· responses to the City's request (he~ein~fter referred to a.s "~equest for QuaUfications" or "RFQ"). The City desires to retain professional consultants to provide services as required under a non,..exclusive continuing services contract. Selection of consultants· sh~1I be .n accordance with Florida. Statute 287.055, "Consultants Competitive Negotiation Act." AU references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City of South Miami or the City Manager (or manager's designee), for the City of South Miami as the context warrants or unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ#PW20 16-22 titled "Professional General Engineering and Architectural Services." The purpose of this RFQ is to contract for the services necessary. for the completion of the project in accordance with the Sc~e of Services, Exhibit I,), described in this RFQ (hereinafter referred to as "the Project" or "Project"). . . Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or by accessing the . following webpage: http://www.southmiamifl.govl which is the City of South Miami's web. address for' solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents listed in the RFQ. The Proposal Package shall consist of one (I) original unb~und .proposal, five (5) additional c~ies, 3-ring binders are not permitted, ane:! one (I) digital (or com.parab/e medium including Flash Drive, DVO or CD) copy all of which shall be delivered to the Office of the City Clerk located. at South Miami City HaU, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which t~e sealed proposal is delivered: "Professional General Engineering and Architectural Services," RFQ #PW20 16-22 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk. either by mail or hand delivery, no later than 10:00 AM local time on Decemb~r 5, 2016. Hand delivery must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. Page I of66 A public opening will take place at 10:00 AM. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal receIved after 10 A.M. local time· on said date will not be accepted under any Circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33143 on November· 15, 2016 at 2:00 PM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFQPackage. The City reserves the right to reject all responses to this RFQ and to reject all persons who respond to this solicitation, as well as the right of the City to. waive any irregularity in the . responses to this RFQ or the RFQ procedure and the right to award a continuing service contract to more than one Respondent when they are all of equal rank. Thomas F. Pepe 10/13/2016 Page 2 of 66 Maria M. Menendez, CMC City Clerk . City of South Miami r i I \ 10 A public 9pening will take place at 10:00 AM. on the same· date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South M.iami 33143. Any Proposal received after 10 A.M. local time· on said date will not be accepted under any Circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. . A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33143 on November' 15, 2016 3;t 2:00 PM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those prOVisions, terms, conditions, affidavits and documents contained in this RFQPackage. The City reserves the right to reject all responses to this RFQ· and to reject all persons Who respond to this solicitation, as well as the right of the City to. waive any. irregularity in the . responses .to this RFQ or the RFQ procedure and the right to award a continuing service contract to more than one Respondent when they are all of equal rank. Thomas F. Pepe 10113/2016 Page 2 of 66 Maria M. Menendez, CMC ~ity Clerk . City of South Miami SCOPE OF SERVICES and SCHEDULE OF VALUES "Professional General Engineering and Architectural Services" . RFQ #PW20 16-22 The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I. Thomas F. Pepe 10/13/2016 END OF SECTION Page 3 of 66 11 SCOPE OF SERVICES and SCHEDULE OF VALUES "Professional General Engineering and Architectural Services" . RFQ #PW20 16-22 The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I. Thomas F. Pepe 1011312016 END OF SECTION Page 3 of 66 SCHEDULE OF EVENTS "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 No Event I Advertisement/Distribution of Solicitation & Cone of Silence begins 2 Non Mandatory Pre-RFO Meeting 3 Deadline to Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit RFQ-Response 6 Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION Page 4 of 66 Thomas F. Pepe 10113/2016 Date* Time* (EST) 10126/2016 . 2:00 PM . I 1/ 15/20 16 2:00 PM 11/2112016 10:00 AM 11/29/2016 10:00 AM 12/5/2016 10:00 AM 12/2012016 7:00 PM 12 SCHEDULE OF EVENTS "Professional General Engineering and Architectural Services" , ' RFQ #PW20 16-22 No Event I Advertisement/,Distribution of Solicitation & Cone of' Silence begins 2, Non Mandatory Pre-RFO Meeting 3 Deadline to ,Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit RFQ-Response 6 Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION Page 4 of 66 Thomas F. Pepe 10113/2016 o ate * Time* '(EST) 10/26/2016 ,2:00 PM , 1 1115/20 16 2:00 PM , 11121/2016 10:00 AM 11/29/2016 1,0:00 AM 12/5/2016 10:00 AM 1212012016 7:00 PM . INSTRUCTIONS for RESPONDENT "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON. THE RFQ FORM. I. Purpose of RFQ; The City of South Miami is requesting proposals for the lowest and· most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal 'is found to be in the best interests of the City. . 2 .. Qualification of Proposing Firm.· Response submittals to this RFQ will be consider~d from firms normally ehgaged in prOViding the services requested .. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel·to ensure prompt and efficien·t service to the City of South Miami. The City reserVes the right, before recommending any award, to inspect the offices and organization or to take any: other action necessary to determine ability to. perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence· of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or inv~stigation and evaluation, indicates inability of a firm to perform. . 3. Deviations from SpeCifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely. with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as· a primary contact with the City of S.outh Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms· of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General PrOVisions, Terms and Conditions herein will. take precedence over ~ny terms and conditions submitted with the response, eith~r appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of thetist and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any Thomas F. Pepe 10113/2016 Page 5 of 66 13 . INSTRUCTIONS for RESPONDENT "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON. THE RFQ FORM. I. Purpose of RFQ; The City of South Miami is requesting proposals for the lowest and· most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal 'is found to be in the best interests of the City. . 2 .. Qualification of Proposing Firm.· Response submittals to this RFQ will be consider~d from firms normally ehgaged in prOViding the services requested .. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel·to ensure prompt and efficien·t service to the City of South Miami. The City reserVes the right, before recommending any award, to inspect the offices and organization or to take any: other action necessary to determine ability to. perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence· of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or inv~stigation and evaluation, indicates inability of a firm to perform. . 3. Deviations from SpeCifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely. with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as· a primary contact with the City of S.outh Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms· of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General PrOVisions, Terms and Conditions herein will. take precedence over ~ny terms and conditions submitted with the response, eith~r appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of thetist and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any Thomas F. Pepe 10113/2016 Page 5 of 66 i) Respondent's Proposal . 6. Response Withdrawal. After Prop·osals are opened, corrections or modifications to Proposals are not permitted( but the City may .allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if . all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of ·the firm; . c) The error wa~ discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the· proposals received, along with a request for permission to withdraw the firm's Proposal; and d). The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers· adequate documentation to the City to support the explanation and to show that the error was not the result of gross .. negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall app!y to these instructions to Respondents and they are hereby adopted and made a part hereof by reference.. If there is a conflict between the Cover Letter and these instructions, or any other provis!on of this. RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. 8. Any questions concerning the Solicitation or any required need for clarification must be made in ~riting, by 10 AM on November 29. 2016 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305}.663-6346. 9. The issuance of a written addendum is the only official method Whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered . necessary· by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or other delivery method convenient to the City llnd the City will notify all prospective firms via the City's website.· 10. Verbal interpretations or clarifications shall be without legai effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. I I. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is ·a prohibition on verbal communication With the· City'S professional ·staff, including the City Manager and his staff. All written communication m~st comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting. contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City. Commission unless specifically prohibited. A copy of a" written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City's Procurement Division. Thomas F. Pepe 10/13/2016 Page 6 of 66 l I l 1 t 14 i) Respondent's Proposal . 6. Response Withdrawal. After Prop·osals are opened, corrections or modifications to Proposals are not permitted( but the City may .allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if . all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of ·the firm; . c) The error wa~ discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the· proposals received, along with a request for permission to withdraw the firm's Proposal; and d). The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers· adequate documentation to the City to support the explanation and to show that the error was not the result of gross .. negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall app!y to these instructions to Respondents and they are hereby adopted and made a part hereof by reference.. If there is a conflict between the Cover Letter and these instructions, or any other provis!on of this. RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. 8. Any questions concerning the Solicitation or any required need for clarification must be made in ~riting, by 10 AM on November 29. 2016 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305}.663-6346. 9. The issuance of a written addendum is the only official method Whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered . necessary· by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or other delivery method convenient to the City llnd the City will notify all prospective firms via the City's website.· 10. Verbal interpretations or clarifications shall be without legai effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. I I. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is ·a prohibition on verbal communication With the· City'S professional ·staff, including the City Manager and his staff. All written communication m~st comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting. contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City. Commission unless specifically prohibited. A copy of a" written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City's Procurement Division. Thomas F. Pepe 10/13/2016 Page 6 of 66 l I l 1 t WITH REGARD TO TH-= COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIMi CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence shall not apply to ... (I> Duly noticed site visits·to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation; (2) Any emergency procurement of goods or services pursuant to the Miami- Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretariall clerical staff responsible for administering the procurement process for such solicitation and a member of the selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document." 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications. a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings. or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South. Miami are to be lobbied either individually or collectively concerning this RFQ. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a Thomas F. Pepe 10113/2016 Page 7 of 66 15 WITH REGARD TO TH-= COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF. SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BEL9W. THEREFORE, WHERE THE CITY.OF SOUTH MAIMf CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence 'shall' not apply to .•. <I) Duly noticed site visits"to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her writ~en recommendation; (2) Any emergency procurement of gQods or services pursuant to the Miami" Dad.e County Administrative Order 3-2; . (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the pro'curement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in·the corresponding ~olicitation document; and (4) Communications regarding a particular sQlicitation betw~en the procurement agent or contracting officer, or their designated secretarial! cleriCal staff responsible for adrninistering the procurement process for such solicitation aod a member of the selection committee therefore, provided the communication is IirTlited strictly to matters of process or procedure already contained in the corresponding solicitation document." 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South. Miami are to be lobbied either individually or collectively concerning this RFQ. Con~ct shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing DiviSion, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a Thomas F. Pepe 10113/2016 Page 7 of 66 contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. c) to request additional information from firms as deemed necessary. d) 'to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Qualification be completed in all, respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in th,e event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it , has negotiated a contract that is satisfactory to the City. g) T o modify the Contract Documents. The terms of the Contract Documents are , general and not necessarily specific to the Solicitation., It i~ therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who prOVided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. I S. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink Thomas F. Pepe 1011312016 Page 8 of 66 16 contract for the Project. The City, however,' reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. c) to request additional information from firms as deemed necessary. d) 'to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Qualification be completed in all, respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations In th,e event the City deems pl:"ogress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next ~est Proposal. The City reserves the right to proceed in this manner until it , has negotiated ,a contract that is satisfactory to the City. ' g) T o modify the Conirac~ Documents. The terms of the Contract Documents are , general and not necessarily specific to the Solicitation., It i~ therefore anticipated that the City may modify these documents to fit the spe¢ifk project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whol,e or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responSible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is'divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants,that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide, employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public bUilding, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a' period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink Thomas F. Pepe 10/13/2016 Page 8 of 66 I I I at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to t~e City, as part of its Proposal, the following documents: a) The liwitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. . c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent . f) Certificate of Insurance.and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or ven,dor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for th'e purpose of establishing a grade or qualitY of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/br specifications for such . item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Thomas F. Pepe 10/13/2016 Page 9 of 66 17 at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations .shall be typewritten,· or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal .shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. .Respondent shall deliver to t~e City, as part of its Proposal, the following documents: . a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. .. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. . e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance. and/or Letter of Insu·rability . . 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or ven,dor catalog number is mentioned in this Solicitation, whether or not followed by the words iiapproved equal", it is ·for th·e purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal t6 the goods described in this Solicitation with appropriate identification, samples and/or specifications for such . item(s). The City shall be the sole judge concerning the merits of items proposed as equals. . b) Pricing: Prices should be stated in units of quantity specified in the Proposal· Form. In case of a discrepancy, the ·City reserves the right to make the final determination at the lowest net cost to the City. . c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy betWeen the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charg~ to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it 'Within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which reqUired an alteration. The City of South Thomas F. Pepe 10/13/2016 Page 9 of 66 Miami reserves the right to accept any such alteration, including any price . adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the ·prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180). calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City .. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the .standards set forth in the Occupational Safety and Health Act (OSHA) arid its amendments. Proposals must be accompanied by a . Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The ·successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFQ and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned .by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified . copy of all licenses, C~rtificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, ·if required for this Project. 20. Respondent shall comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this. Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to· indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this RFQ shall not be responsive unless the Respondent signs the form of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ package and agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the RFQ package and/or response to this RFQ, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the Thomas F. Pepe 10113/2016 Page 10 of 66 18 Miami reserves. the. right to accept any such alteration. including any price , adjustments occasioned thereby. or to cancel all or any portion of the Contract. at the sole discretion of the City and at no further expense· to the City with thirty (30) days advanced notice. . . g) Respondent warrants that the ·prices. terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180). calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. ·Incomplete. unresponsive. irresponsible. vague. or ambiguous responses to the Solicitation shall be cause for rejection. as determined by the City .. h) Safety S~ndards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) arid its amendments. Proposals must be accompanied bya Materials Data Safety Sheet (M.S.D.S) when applicable. 19. "Liabiiity. 'Licenses & Permits: The ·successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses. permits, and inspections required by this RFQ and as required by law. The Respon~ent shall be liable for any'damages or loss to the City occasioned .by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent~ Respondents shall furnish a certified . . copy of all licenses, C~rtificates of Competency or other licensing requirement necessary to . pradice their profession and applicable to the work to be performed as required by Florida Statutes; the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part .~f.the Proposal. Failure to have obtained the required licenses and certifications or to 'furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, ·if required for this Proje(:t. 20. Respondent shall comply. with the City's Insurance Requirements as set forth in the attached' EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a recommendation f~r award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a' rescission of the Proposal Award or rescission of the recommendation for award of contract without further. City action. The Respondent, by submitting a Proposal, thereby agree~ to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing. producing or selling of goods inte'nded to be shipped or ordered by the Respondent pursuant to this. Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to' indemnify City from any and all liability, loss or expense· occasioned by any such violation or infringement. 22. Execution of Contract: A response to ~his RFQ shall not be responsive unless the Respondent signs the forin of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a r:-esponse or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ· package and agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the RFQ package and/or response to this RFQ, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the Thomas F. Pepe 10113/2016 Page 10 of 66 proposal and at the City's sole and absolute dis.cretion, the City may treat the Respondent's signature on any. of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent's signature on the contract, after the appropriate information has been inserted. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause' for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response 6n a contract to provide any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than' a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on . allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may nave against the City that arise out of this RFQ process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for· this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shilll not be deemed a valid Proposal Security. Thomas F. Pepe 10113/2016 Page II of 66 19 proposal and at the City's sole and absolute dis,cretion, the City may treat the Respondent's signature on any, of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent's signature on the contract, . after the appropriate information has been inserted. ' 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplac~: 'Failure to provide proof of compliance with Flo~ida Statute Section 287.087, as amended, when requested shall be cause' for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a 'response 6n a contract to provide. any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any pUblic entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being . placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than' a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the 'award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to . reject, award, or not award a contract, as applicable, unless the claim is based solely on , allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall n6t be released until and unless the Respondent waives any and all claims that the Respondent may tlave against the City that arise out of this RFQ process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for' this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, speCifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. Thomas F. Pepe 10113/2016 Page II of 66 30. Performance. and. Payment Bond: The City of South Miami may require the succ~ssful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price,. including Alternates if any, naming the City of South Miami. and the entity that may be providirig a source of funding for the Work, as the obligee, as . security for the faithful performance of the Contract and for the payment of all persons or . entities performing labor, services and/or furnishing materials in connection herewith. The . . bonds shall be with a surety cOlTlpany authorized to do business in the State of Florida. 30.1.. Each Performance Borid shall be in the amount of one hundred percent ('I 00%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five' year after final completion and acceptance of the Work with the liability. equal to one hundred percent (100%) of the Contract Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material m~n, 'Iaborers, or subcontractor employed pursuant to this ProjecL . 30.4. Each Bond shall ·be with a Surety company whose qualifications meet the requirements of insu.rance companies as set forth in the insurance requirements of this solicitation. . 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami~Dade County and prOVide CITY with eVidence of such recording. 30.6. The surety company shall hold a current certificate of ~uthority as acc~ptable surety on federal bonds in 'accordance with the United States Department of Treasury Circular 570, current revisions.' . 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the forr:n of contract that is part of this RFQ package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are reqUired. The Respondent who has 'the Contract awarded to it and who fails to execute the Contract and· furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if th.e City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the· Contract Documents or fails to furnish the reqUired Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn .on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a R.espondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to Thomas F. Pepe 10/13/2016 Page 11 of 66 20 30. Performance. and. Payment Bond: The City of South Miami may require the succ~ssful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price,. including Alternates if any, naming the City of South Miami. and the entity that may be providirig a source of funding for the Work, as the obligee, as . security for the faithful performance of the Contract and for the payment of all persons or . entities performing labor, services and/or furnishing materials in connection herewith. The . . bonds shall be with a surety cOlTlpany authorized to do business in the State of Florida. 30.1.. Each Performance Borid shall be in the amount of one hundred percent ('I 00%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five' year after final completion and acceptance of the Work with the liability. equal to one hundred percent (100%) of the Contract Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material m~n, 'Iaborers, or subcontractor employed pursuant to this ProjecL . 30.4. Each Bond shall ·be with a Surety company whose qualifications meet the requirements of insu.rance companies as set forth in the insurance requirements of this solicitation. . 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami~Dade County and prOVide CITY with eVidence of such recording. 30.6. The surety company shall hold a current certificate of ~uthority as acc~ptable surety on federal bonds in 'accordance with the United States Department of Treasury Circular 570, current revisions.' . 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the forr:n of contract that is part of this RFQ package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are reqUired. The Respondent who has 'the Contract awarded to it and who fails to execute the Contract and· furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if th.e City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the· Contract Documents or fails to furnish the reqUired Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn .on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to Thomas F. Pepe 1011312016 Page 12 of 66 make the necessary examinations or investigations, or failure to complete any part <;>f the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South· Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition.. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. . 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of . the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT I J "Scope of Services" and Exhibit #2 . . "Supplemental Instruct;~ms and Proposal Format for Respondents" which is a part of : this RFQ Package. . , 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any Request for Qualification when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or sub consultants in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sex!Jal orientation, disability, or familial status. 37 .. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid conSidered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or' other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 1 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. Thomas F. Pepe 1011312016 END OF SECTION Page 13 of 66 21 make the necessary examinations or investigations, or failure to complete any part <;>f the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South· Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition.. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. . 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of . the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT I J "Scope of Services" and Exhibit #2 . . "Supplemental Instruct;~ms and Proposal Format for Respondents" which is a part of : this RFQ Package. . , 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any Request for Qualification when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or sub consultants in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sex!Jal orientation, disability, or familial status. 37 .. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid conSidered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or' other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 1 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. Thomas F. Pepe 1011312016 END OF SECTION Page 13 of 66 PROPOSAL SUBMITT~L CHECKLIST FORM "Professional General 'Engineering and Architectural Services" RFQ #PW20 16-22 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfiilment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: Attachments and Other Documents described below Checl< to be Completed x ---- x x IF MARKED WITH AN "X": Completed. One (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy Supplemental Instructions and Submittal Format for Respondents, EXHIBIT 2 Indemnification and Insurance Documents EXHIBIT 4 X Signed Contract Documents, Professional Services Agreement, ,EXHIBIT 6 ---- X ---- X ---- X x x --.--- x ---- x ---- x ---- x Respondents Qualification Statement List of Proposed Sub Consultants/Subcontractors and Principal Suppliers Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal & State Vendor Listings Related Party Transaction Verification Form Presentation Team Declaration! Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 10/13/2016 END OF SECTION Page 14 of 66 22 PROPOS~L SUBMITT~L CHECKLIST FORM "Professional General· Engineering an~ Architectural Services" RFQ #PW20 16-22 This checklist indicates the forms and documents required to be submitted for this solicitation· and to be presented by the deadline set for within the solicitation. Fulfiilment of all solicitation requirements listed is mandatory for consideration of response to the solicitation: Additional documents may be required and. if so. they will be identified in an addendum to this RFQ. The response shall i.nelude the following items: Attachments and Other Documents desCI'ibed below Cf I lec ( to be Completed x ---- x ---- x IF MARKED WITH AN "X"; Cornpleted. One.(I) original unbound proposal. five (5) additional copies.3-ring binders ore not permitted, and one (I) digital (or comparable medium.including Flash Drive. DVD or CD) copy Supplemental Instructions and Submittal Format for Respondents. EXH'S"T2 x Signed Contract Documents. Professional Services Agreement. . EXHIS'T6 ---- x Respondents Qualification Statement ---- list of Proposed Sub Consultants/Subcontractors and Principal Suppliers x ---- X Non-Collusion Affidavit -..,;--- x Public Entity Crimes and Conflicts of Interest x Drug Free Workplace --...... - x Acknowledgement of Conformance with OSHA Standards ---- x Affidavit Concerning Federal & State V~ndor listings ---- x Related Party 1ransaction Verification Form --- x Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 10/13/2016 END OF SECTION Page 14 of 66 RESPONDENT QUALIFICATION STATEMENT "Professional General Engineering and Architectural Services" RFQ #PW~OI6-22 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of professional general engineering & architectural service contracts executed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) professional general engineering & architectural service contracts executed. Professional General & a) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General & b) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General &. c) Architectural Engineering Services: Thomas F. Pepe 1011312016 Entity Name: Entity Address: Entity Telephone: Page 15 of 66 ---------------------------------- --------------------------------- I r l 23 RESPONDENT QUALIFICATION STATEMENT "Professional General Engineering and Architectural Services" RFQ #PW~OI6-22 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of professional general engineering & architectural service contracts executed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) professional general engineering & architectural service contracts executed. Professional General & a) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General & b) Architectural Engineering Services: Entity Name: Entity Address: Entity Telephone: Professional General &. c) Architectural Engineering Services: Thomas F. Pepe 10/13/2016 Entity Name: Entity Address: Entity Telephone: Page 15 of 66 ---------------------------------- --------------------------------- I r l , 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENTs home office organizat'lon chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project'personnel. including on-site Superintendent. \ S.' List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations. b) Any arbitration or civil or criminal proceedings. or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. ' Government References: List other Government Agencies or Quasi-Governmental Agencies for which you have done business within the past five (S) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project Thomas F. Pepe 1011312016 Page 16 of 66 24 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project orgaflizational chart. c) Resumes of proposed key project· personnel, including on-site Superintendent. . \ 5.· List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. . Government References: List other Government Agencies or Quasi-Governmental Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project Thomas F. Pepe 10113/2016 Page 16 of 66 ·1 \ t I I I I I I I Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.:. Contact Person: Type of Project: Thomas F. Pepe 10113/2016 I' I ! .1 Page 17 of 66 25 Name of A~ency: ·Address: Telephone No.: Contact· Person: Type. of Project: . Name of Agency: Address: Telephone No.:. Contact Person: Type of Project Thomas F. Pepe 10113/2016 Page 17 of 66 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Professional General Engineering and Architectural Services" RFQ#PW20 16-22 Respondent shall list all proposed sub-consultants/subcontractors. assuming sub~consultants/subcontractors are allowed by the terms of this RFQ to be used on this project if they are awarded the Contract .. Classification of Worl< Subcontractor Name Address Telephone, Fax & Email General Engineering Roadway and Drainage Design General Civil Design Structural Environmental Engineering Architectural Services Landscape Architecture Certified Arborists Services , Surveying & Mapping Mechanical. Electrical Plumbing (MEP) Construction Management & Construction Engineering Inspection Services (CEI) Other: . . . Respondents to thiS soliCitation shall prOVide and mclude thiS IIstmg with their Proposal. Thomas F. Pepe 10113/2016 END OF SECTION Page 18 of 66 26 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL S·UPPLIERS "ftrofessional General Engineering and Architectural SerVices" RFQ·.#PW20 16-22 . Respondent shall list all proposed sub-consultants/subcontractors. assuming sub~consultants/subcontractors are allowed by the terms of this RFQ to be used on.this project if they are awarded the Contra<;t.-. Classification of Worl< Subcontractor Name Address Telephone, Fax & Email General Engineering .. Roadway and Drainage Design General Civil Design Structural Environmental Engineering Architectural Services Landscape Architecture Certified Arborists Services , SurveyIng & Mapping Mechanical. Electrical Plumbing (MEP) Construction Management & Construction Engineering Inspection . Services (CEI) Other: . . . . . . . Respondents to this soliCitation shall provide and Include this hstlng with their Proposal • Thomas F. Pepe 10113/2016 END OF SECTION Page 18 of 66 · NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ______________________ being first duly sworn. deposes and states that: (I) He/She/They is/are the (Owner, Partner. Officer, Representative or Agent) of ________ -'--____________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully inforrried concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents. representatives. e~ployees or parties in interest. including this affiant. have in any way colluded. conspired. connived or agreed. directly or indirectly. with any other Respondent. firm, or person to submit a: collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly. sought by agreement or collusion, or communication. or conference with any Respondent, firm, or person to fix any overhead, profit. or cost elements of the Proposal or of any other Respondent, or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent. or to secure through any collusion, conspiracy. connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents. representatives, owners. employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness Thomas F. Pepe 10/13/2016 Page 19 of 66 By: Signature Print Name and Title 27 · NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) _____________________ being first duly sworn. deposes and states that: (I) He/She/They is/are the (Owner, Partner. Officer, Representative or Agent) of _______ ---' _____________ the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) . Neither the said· Respondent nor any of its officers. partners. owners. agents, representatives. employees or parties in interest. including this affiant. have in any way colluded, conspired, connived or agreed. directly or indirectly. with any other Respondent, firm, or person to submit Ci collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner. directly or indirectly. sought by agreement or collusion. or communication, or conference with any Respondent. firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent. or to fix any overhead, profit, or cost elements of the Proposal Price or· the Proposal Price of any other Respondent. or to secure through any collusion, conspiracy. connivance. or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other of its agents. representatives. owners, employees or parties of interest, including this affiant. Signed. sealed and delivered in the presence of: Witness Witness Thomas F. Pepe 10113/2016 Page 19 of 66 By: Signature Print Name and Title STATE OF FLORrDA COUNTY OF MIAMI-DADE Date ACKNOWLEDGEMENT ) ) ) On this the day of ,20 __ , before me, the undersigned Notary Public of the State of Florida, personally appeared (I\(ame(s) of individual(s) who appeared before notary) . . and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/shelthey executed it. WITNESS seal. my hand and official NOTARY PUBLIC: SEAL· OFFICE: Thomas F. Pepe 10/13/2016 Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 20 of 66 OF I t I I . f I r- L I 28 STATE OF FLORfDA COUNTY OF MIAMI-DADE Date ACKNOWLEDGEMENT ) ) ) On this the . day of • 20 __ • b~fore me. the undersigned Notary Public of the State of Florida. personally appeared (l\iame(s) of individual(s) who appeared before notary)· . .'. and whose name(s) is/are Subscribed to the within instrument. and he/she/they acknowledge that he/shelthey executed it. WITNESS seal. . my hand and official NOTARY PUBLIC: SEAL· OFFICE: Thomas F. Pepe 10/1312016 Notary Public. State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) . Personally known to me. or Personal identification: Type of Identification Produced Did take an oath. or Did Not take an oath. Page 20 of 66 OF PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a. conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may· not submit bids or proposals on leases or real property to a public entity, may not be awarded· to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with al1Y public entity in excess of the . threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months· frqm the date of being. placed on the convicted vendor list".· The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED to ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for -----------------------------------------------------------------[print name of entity submitting sworn statement] whose business addre""s.,.s-"is"--________________________________ _ and (if applicable) its ________ (If the the individual Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of signing this sworn statement: ------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287. I 33 (I ) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an Thomas F. Pepe 10113/2016 Page 21 of 66 29 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a. conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may· not submit bids or proposals on leases or real property to a public entity, may not be awarded· to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with al1Y public entity in excess of the . threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months· frqm the date of being. placed on the convicted vendor list".· The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED to ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for -----------------------------------------------------------------[print name of entity submitting sworn statement] whose business addre""s.,.s-"is"--________________________________ _ and (if applicable) its ________ (If the the individual Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of signing this sworn statement: ------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an Thomas F. Pepe 10113/2016 Page 21 of 66 agency or political subdivision of any other state or of the United States, including, but not limited. to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation, 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after july I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that ·an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida . Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b)· An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" inCludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie· case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted. of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a pUblic entity. The term "person" includes those officers. directors. executives. partners. shareholders, employees, members. and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] . Neither the entity submitting this sworn statement. nor any of its officers, directors. executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I. 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors. executives, partners, shareholders. employees, members, or agents who are Thomas F. Pepe 10113/2016 Page 22 of 66 30 agency or political subdivision of any other state or of the United Sta~es, including, but not limited. to , any bid, proposal or contract for goods or services to be provided to any pUblic entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, o"r material misrepresentation, 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I .. 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUjlty or nolo contendere. 4. I understand that 'an "affiliate" as defined in Paragraph 287.1'33 (I) (a), Florida . Statutes. means: (a) A pre.decessor or successor of a person' ~onvicted of a pUblic ·entity crime; or (b)' An entity under· the control of any natural' person who' is active in the management of the entity and who has been convicted Qf a public entity crime. The term "affiliate" inCludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of"Shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's·length agreement, shall be a prima facie' case tha~ one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted. of it public entity crime in F.lorida during the preceding 36 months shall be considered an affiliate. s. understand that a "person" as defined in Paragraph 287.133 (I) (e). Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] . Neither the entity submitting this sworn statement, nor any of its officers, directors, executives. partners, shareholders, employees. members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. ___ The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners, shareholders, employees, members. or agents who are Thomas F. Pepe 10113/2016 Page 22 of 66 , active in the management of the entity, or an affil.iate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners. shareholders, employees. members. or agents who are . active in the management of the entity. or -an affiliate of the entity has been charged with and convicted of a pUblic entity crime subsequent of July I. 1989. However, there has been a subsequent ·proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy.ofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR .THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS· OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES, FOR CATEGORY TWo OF ANY CHANGE IN TP-lE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of ____________ ,' 20 __ . Personally known OR Produced identification ---Notary Public -State of ________ _ My commission expires _____________ _ (Type of identification) ______________ _ (Printed, typed or Stamped commissioned Name of notary public __ ~ ___________ _ Thomas F. Pepe 10/13/2016 Form PUR 7068 (Rev.06111192) Page 23 of 66 I f I r· I 31 , active in the management of the entity, or an affil.iate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers. directors, executives, partners. shareholders, employees. members. or agents who are . active in the management of the entity. or -an affiliate of the entity has been charged with and convicted of a pUblic entity crime subsequent of July I. 1989. However, there has been a subsequent ·proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy.ofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR .THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS· OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES, FOR CATEGORY TWo OF ANY CHANGE IN TP-lE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of ____________ ,' 20 __ . Personally known OR Produced identification ---Notary Public -State of ________ _ My commission expires _____________ _ (Type of identification) ______________ _ (Printed, typed or Stamped commissioned Name of notary public __ ~ ___________ _ Thomas F. Pepe 10/13/2016 Form PUR 7068 (Rev.06111192) Page 23 of 66 I f I r· I DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlaWful manufacture, distribution; dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violation.s of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection ( I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition' of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee o(any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or. of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: ______________ _ Print Name: Date: Thomas F. Pepe 10113/2016 Page 24 of 66 32 DRUG FREE WORKPLACE When eyer two or more Bids or Proposals which are equal with respect to price, quality and service are received by the. State or by any political subdivisions for the procur.ement of commodities or ·contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free . workplace program, a business shall: . I) Publish a statement notifying employees that the unlaWful manufacture, distribution; dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be. taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug couns~ling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3)· Give each employee engaged in providing the commodities or contr~ctual services that are under Bid· a copy of the statement specified in Subsection :( I). 4) In the statement specified in Suhsection (I), notify the employees, that, as a condition· of working of the commodities or contractual services that are under Bid, he employee shall abide bt the terms of the statement and shall notify the employee or"any conviction· o( or piea of gUilty or nolo contendere to, any violation of Chapter 893 or. of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)·· business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sig·n the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: ______________ _ Print Name: ---------------------------------------- Date: ________________________________ ~----------- Thomas F. Pepe 10/13/2016 Page 24 of 66 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the "Professional General Engineering and Architectural Services" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONSULTANT BY:~ ________________________ __ Name Title Thomas F. Pepe 10/13/2016 Witness Page 25 of 66 33 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANTfor the "Professional General Engineering and Architectural Services" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONSULTANT By: ________________________ ___ Name Title Thomas F. Pepe 10113/2016 Witness Page 25 of 66 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person. or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's . name Does appear on one or all the "Listings" summarized below. Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to ·the Florida Department of Management Services website: httR:llwww.dms.myflorida.com/business operations/state Rurchasing/vendor informatl on/convicted suspended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I. (he·reinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I)· I represent the Respondent whose name is _______________ . (2) I have the follOWing relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corp.oration) Partner (if Respondent is a partnership), General Partner· (if Respondent is a Limited Partnership) or Managing Member (if Re·spondent is a Limited Liability Company) . . (3) I have reviewed the Florida Department of Management Services website at the follOWing URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor _information/convi cted _suspended_discriminatory _complaints_vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I di.d not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear ori the listing for that category in the Florida Department of Management Services website as of the date of this affidavit; Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Thomas F. Pepe 10/13/2016 (Print name of Declarant) By: ______________________ _ (Signature of Declarant) Page 26 of 66 34 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVIC!ED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the ·Respondent's·.name Does appear on one or all the "Ustings" summarized below, Respondents mus.t "Check if Applies" next to the applicable "Usting." The "Ustings': can be accessed through the following link to ·the Florida Department of Management Services website: http://www.dms.myflorida.com/business ~perations/state purchasing/vendor inforrnatl on/convicted· suspended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY . . I, (he·reinafter referred to as. the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I)· I represent the Respondent whose name is ______________ ' (2) I have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corp.oration) Partner (if Respondent is a partnership), General Partner· (if Respondent is a Umited Partnership) or Managing Member (if Re·sPQndent is a Limited Uability Company) . . (3) I have reviewed the Florida Department of Management Services website at the following URL address: . http://www.dms.myflorida.com/business_ operations/state _purchasing/vendor _information/convi cted _suspended_discriminatory _complaints_vendor Jists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for t~at category or listing. If I di~ not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear ori the listing for that category in the Florida Department of Management Services website as of the date· of this affidavit; Check if Applicable Convicted Vendor List Suspended Vendor Ust Discriminatory Vendor List Federal Excluded Parties Ust Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Thomas F. Pepe 10/13/2016 (Print name of Declarant) By: ___________ _ (Signature of Declarant) Page 26 of 66 I i t t f I J r I I I I I ACKNOWLEDGEMENT STATE OF. FLORIDA ) COUNTY OF MIAMI-DADE ) On this the __ day of , 20 , before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/shelthey executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: :rhomas F. Pepe 10113/2016 SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Page 27 of 66 35 ACKNOWLEDGEMENT STATE OF. FLORIDA ) COUNTY OF MIAMI-DADE ) On this the __ day of , 20 , before me, the undersigned authority, perSonally appeared who· is personally know to me or who provided the following identification and who took an oath or affirmed that that he/shelthey executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: :rhomas F. Pepe 10/1312016 SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Page 21 of 66 I l RELATED PARTY TRANSACTION VERIFICATION FORM . I individually and on behalf of ("Firm") have Nome of. Representative' ComponyNendor/Entity read the City of South Miami ("City'')'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor ant employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Hrm, has any I"elative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a ~ember of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies; if the person executing this form is doing so on behalf of a firm whose stock is pUblicly traded, the statement in th,is section (2) shall be· based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and ·(3) neither I nor the Firm, nor anyone'who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents. children. brothers and Sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect. in any business being transacted with the city. or with any person or agency acting for ' the city. other than as follows: _______ (use (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse, parents. children, brothers and sisters) has a financial interest. directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ____________________________________________ __ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line, to the· additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own. directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Thomas F.Pepe 10113/2016 Page 28 of 66 36 RELATED PARTY TRANSACTION VERIFICATION FORM . I individually and on behalf of ("Firm") have Nome of. Representative' ComponyNendor/Entity read the City of South Miami ("City'')'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor ant employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Hrm, has any I"elative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a ~ember of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies; if the person executing this form is doing so on behalf of a firm whose stock is pUblicly traded, the statement in th,is section (2) shall be· based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and ·(3) neither I nor the Firm, nor anyone'who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents. children. brothers and Sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect. in any business being transacted with the city. or with any person or agency acting for ' the city. other than as follows: _______ (use (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse, parents. children, brothers and sisters) has a financial interest. directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ____________________________________________ __ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own. directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Thomas F.Pepe 10113/2016 Page 28 of 66 follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] . (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows:, ____________________________ ~ __ . (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other. than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by Page 29 of 66 Thomas F. Pepe 10/1 3/20 16 . 37 follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required'to make an independent investigation as to the'financial interest in the Firm 'of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] . (5) I and the Firm further agree not to use or at,tempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or ex;emption for ourselves, or others. We agree that we may not disclose or use information, n6t available to members of the general public, for our personal gain or benefit or for the personal gain or b~nefit of any other person or business entity, outside ofthe normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby 'acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows:, ____________________________ ~ __ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other, than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be Signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, chi,ldren, brothers and sisters) nor any of my immediate family'members (herein~fter referred to as "Related Parties") has responded to a solicitation by Thomas F. Pepe 10113/2016 Page 29 of 66 the City in which I or the Firm that I represent or anyone who has, a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other' than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based 'solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial intere~t in those Firms or any of their any member of those persons' i'mmediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this documen,t. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered Dy and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ______________ _ Date: _____ ~ _____ ___ Thomas F. Pepe 10113/2016 Page 30 of 66 38 the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other" than the following: " (if necessary, use a separate sheet to supply additional information that will no"t fit on this line; however, .you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based "solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial intere~t in those Firms or any of their any member of those persons' imm~diate family.]" (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this documen:t. Specifically, after the opening of any responses" to a solicitation, I" and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure" to supplement this Verification Form, may subject me or the Firm to ~mmediate termination of any agreement with the City, and the irriposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered Dy and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to i"nvestigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, hlformation and belief. Signature: ____________ _ Print Name & Title: ______________ _ Dat~ ____ ~ ______ __ Thomas F. Pepe 10113/2016 Page 30 of 66 I I l Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and I Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard. of ethical. conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsecti.ons (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following ~efinitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "a.utonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. . (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code' enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to 'the city clerk, the city ma~ager, department heads, the city attorney, and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. . (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: Thomas F. Pepe 10113/2016 Page 31 of 66 39 Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and I Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard. of ethical. conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsecti.ons (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following ~efinitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "a.utonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. . (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code' enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to 'the city clerk, the city ma~ager, department heads, the city attorney, and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. . (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b) ( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: Thomas F. Pepe 10113/2016 Page 31 of 66 (I) The payment of taxes. special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through 'underwriters or directly from time to time. . Waiver of prohibition. The requirements of· this subsection may be waived for a particular transaction only by four affirmative votes of the city commissio'n after public hearing. upon finding that: . (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined . in paragraphs (b)(2). (3) and (4);. . (2) The proposal. has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering, or registered land surveying. as defined by the I~ws of the state and pursuant to the provisions of the . Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defi~ed in paragraphs (b)(2). (3) and '(4); . (3) The property or services to be involved in the proposed transaction are unique and the city cannot· avail itself of such property or ·services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4). That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city cOmmission may in no case ratify a transaction entered in violation ofthis subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. ("> Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) . through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation. 'partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract. agreement or· business engagement entered in violation of this subsection shall render the trat;lsactionvoidable. The remaining provisions of subsection (c) will also be applicable to this subseCtion as though incorporated by recitation. Additionally. no person included in the term 'defined in paragraph (b)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: . (I) Officer. director. partner.·of counsel. consultant. employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)(I) 'in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. ( I )Dennition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money, service. loan. travel, entertainment. hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(I) shall not apply to: Thomas F. Pepe 10/13/2016 Page 32 of 66 40 (I) The payment of taxes. special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through 'underwriters or directly from time to time. . Waiver of prohibition. The requirements of· this subsection may be waived for a particular transaction only by four affirmative votes of the city commissio'n after public hearing. upon finding that: . (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined . in paragraphs (b)(2). (3) and (4);. . (2) The proposal. has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering, or registered land surveying. as defined by the I~ws of the state and pursuant to the provisions of the . Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defi~ed in paragraphs (b)(2). (3) and '(4); . (3) The property or services to be involved in the proposed transaction are unique and the city cannot· avail itself of such property or ·services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4). That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city cOmmission may in no case ratify a transaction entered in violation ofthis subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. ("> Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) . through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation. 'partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract. agreement or· business engagement entered in violation of this subsection shall render the trat;lsactionvoidable. The remaining provisions of subsection (c) will also be applicable to this subseCtion as though incorporated by recitation. Additionally. no person included in the term 'defined in paragraph (b)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: . (I) Officer. director. partner.·of counsel. consultant. employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)(I) 'in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. ( I )Deffnition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money, service. loan. travel. entertainment. hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(I) shall not apply to: Thomas F. Pepe 10/13/2016 Page 32 of 66 a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's householc:l. unl~ss the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or Civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6), or for any person included in the terr:ns defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An officii:iI public action 'taken, or to be taken. or which could be taken, or an omission or failure to take a pUblic action; b. A legal duty performed or to be performed, or which could be performed; or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from ~ public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure'shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business'with the city. Should any person included in the terms'defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm. partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the . clerk of the city. (g) Exploitation of offlcial position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b) ( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expeCt: would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain, or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. Thomas F. Pepe 1011312016 Page 33 of 66 41 a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's householc:l. unl~ss the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or Civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6), or for any person included in the terr:ns defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An officii:iI public action 'taken, or to be taken. or which could be taken, or an omission or failure to take a pUblic action; b. A legal duty performed or to be performed, or which could be performed; or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from ~ public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure'shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business'with the city. Should any person included in the terms'defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm. partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the . clerk of the city. (g) Exploitation of offlcial position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b) ( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expeCt: would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official pOSition with the city, nor shall that person ever use such information, directly or indirectly, for personal gain, or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. Thomas F. Pepe 1011312016 Page 33 of 66 (I) No.per$on included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any so.urce other than the city, except as may be permi'tted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any' part thereof is to be performed on city time. ' b. When permitted. A full-time city employee may accept incidental' or occasional' outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c.is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete,record of such employment. d. Penalty. Any person convicted of violating any provision, of this subsection shall be punished as provided in section I-II of the Code of Mi'ami:-pade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of in'vestigation incurred by the city. ' (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agenCies or instrumentalities, shall file, under oath, an annual report indicating the source of the outsiQe employment, the nature of the work being done and any' amount of money or other consideration' received by the employee from the outSide employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees ~r grol;Jps of employees for' good cause .. (k) Prohibited investments.' No person ~ncluded in the ~erms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create, a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in 'paragraphs (b)(I), (5) and (6) shall, appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before' any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. ' (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before Thomas F. Pepe 10/13/2016 Page 34 of 66 I I t. 42 (I) No.per$on included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any so.urce other than the city. except as may be permi'tted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional or otherwise. where city time. equipment or material is to be used or where such employment or any' part thereof is to be performed on city time. ' b. When permitted. A full-time city employee may accept incidental' or occasional' outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c.is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete,record of such employment. d. Penalty. Any person convicted of violating any provision, of this subsection shall be punished as provided in section I-II of the Code of Mi'ami:-pade County and. in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of in'vestigation incurred by the city. ' (2) All full-time city employees engaged in any outside employment for any person. firm, corporation or entity other than the city, or any of its agenCies or instrumentalities. shall file. under oath, an annual report indicating the source of the outsiQe employment, the nature of the work being done and any' amount of money or other consideration' received by the employee from the outSide employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees ~r grol;Jps of employees for' good cause .. (k) Prohibited investments.' No person ~ncluded in the ~erms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create, a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in 'paragraphs (b)(I), (5) and (6) shall, appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling. decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before' any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. ' (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves. either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter. liCense. contract, certificate. ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before Thomas F. Pepe 1011312016 Page 34 of 66 I I t. any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions .prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, .but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial inierest~. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a . financial interest in a project, business entity or property at a time when the person· believes or has reason to believe that the financial interest may be directly affected by officiaL actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Reco~mend;ng professional ·services. . No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of .. office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing a.pplication after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall. for a period of two years. after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application. RFP, RFQ, bid, request for ruling or other determination. contract; claim, controversy. charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. SO I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l) in which the city or one of its agencies is a party or has .any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval. recommendation, the rendering of advice. investigation, or otherwise, during his or her city service or employment. A person participated "indirectly"·where he or she knowingly participated in any way in the particular subject matter Thomas F. Pepe 10113/2016 Page 3S of 66 ·1 I I I ) i 43 any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions .prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include •. but not be limited to. any direct or indirect interest in any investment. equity. or debt. (n) Acquiring financial inierest~. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a . financial interest in a project. business entity or property at a time when the person· believes or has reason to believe that the financial interest may be directly affected by officiaL actions or by official actions by the city or city agency of which the person is an official. officer or employee. (0) Reco~mend;ng professional ·services. . No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation may properly be made when required to be made by the duties of .. office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing a.pplication after city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall, for a period of two years. after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP. RFQ, bid, request for ruling or other determination, contract; claim, controversy, charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, SO I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l) in which the city or one of its agencies is a party or has .any direct and substantial interest; and in which he or she participated directly or indirectly through decision. approval. disapproval. recommendation, the rendering of advice, investigation. or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation, or otherwise. during his or her city service or employment. A person participated "indirectly"·where he or she knowingly participated in any way in the particular subject matter Thomas F. Pepe 10/13/2016 Page 3S of 66 through decision. approval. disapproval. recommendation, the rendering of advice, investigation. or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is i.n doubt as to the applicability of the ordinance that person, may submit to the city attorney·a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use ofa name. (Ord. No~ 6-99-/680, § 2. 3-2-99) E.ditor's note-Ord; No. 6-99-16BO. § I, adopted 3-2-99. repealed §§ BA-I and BA-2 in their entirety and replaced them with new §§ BA-I and BA-2. Former §§ BA-I and BA-2 pertained to declaration of policy and definitions. respectively. and derived from Ord. No. 634. §§ I (lA-I). I (IA~2) adopted Jan. II. 1969. Thomas F. Pepe 10113/2016 Page 36 of 66 44 through decision, approval, disapproval, recommendation, the renderlng of advice, investigation. or otherwise, during his or her city service or employment. All persons covere.d by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render Of';n;ons on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinan~e. or whenever any person who renders services to the city is i.n doubt as to the applicability of the 'ordinance that person, may submit to the city attorney'a full written 'statement of the facts and questions; The city attorney shall then render an opinion to such· person .and shall publish these opinions without use of the name of the person advised unless the person permits the use ofa name. (Ord. No: 6-99-1680, § 2.3-2-99) E(litor's note-Ord; No. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and 8A-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I.A-I), I (I A~2) adopted Jan. II, 1969. ", Thomas F. Pepe 10/13/2016 Page 36 of 66 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the. exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has. paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________ , makes the follOWing declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with ~he exception of any person otherwise required to register as a lobbyist, shall not be required to. pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury. I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Executed this ___ day of _________ , 20 __ Signature of Representative Print Name and Title Thomas F. Pepe 10113/2016 Print name of entity being represented END OF SECTION Page 37 of 66 45 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c) (9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City' staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the. exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behaif of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has. paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________ , makes the follOWing declaration under penalty of perjury: Listed below are all individuals who may make a presentati<?n on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyiSt, shall not be reqUired to. pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and speCifically that the persons listed above are the members of the presentation team of the entity listed below Executed this ___ day of ________ ----', 20 __ Signature of Representative Print Name and Title Thomas F. Pepe 10/13/2016 Print name of entity being represented END OF SECTION Page 37 of 66 EXHIBIT#I SCOPE OF SERVICES' Professional General Engineering and A.rchitectural Services" RFQ #PW20 16-22 The City of South Miami. pursuant to Florida Statute 287.055. "Consultants Competitive Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architectural Services: as more particularly described herein. under continuing professional service contracts to perform work as needed on a rotational basis. In order to fulfill such needs and meet the requirements for quick response and specialized services. the City intends to retain a maximum of four (4) qualified firms under four (4) separate continuing professional service agreements, each under the s!lme terms and conditions: E~ch individual agreement with each consultant shall be for a term of three (3) years with one (I) renewal option of two (2) years; at the sole discretion of the City. The services to be provided by the consultant(s) will be: (I) General Consulting Services whereby the consultant may serve as advisor, administrative consultant or technical consultant to the City. The consultant will be asked to act as a technical resource supporting and supplementing City Staff. (2) Services could also be project specific and will be assigned on a work-order basis, whereby the consultant will be asked to prepare planning documents. engineering studies, construction plans al')d specifications and/or provide construction management services for specific projects as defined by the City. The construction management services or Construction Engineering Inspection (CEI) may be prOVided for projects completed by the consultant, completed by another consultant(s) or in support of projects completed by City staff. Other professional services to be provided may include, and' are not be limited to, architectural services for miscellaneous projects; design and/or construction management projects; such as roadways. drainage, structural, electrical, mechanical. traffic engineering. civil/site planning, water and sewer. environmental assessments and engineering. architectural design, landscaping design, value engineering. construction management, and project management. From time to time. consultants may be asked to assist the City in project coordination meetings with other municipalities, regulatory agencies. and developers. local and state governments. The categories required generally include. but are not limited to the following; • Traffic and Transportation Engineering Includes field data collection and analysis for the preparation of traffic studies including, but not limited to: Intersection and roadway capacity' analysis; signal warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming studies; trip generation; forecasting and assignment; as well as pavement markings and signing. Consultant shall review plans. including privately prepared traffic impact analyses. Thomas F. Pepe 10113/2016 Page 38 of 66 I i r I I t 46 ,EXHIBIT#I SCOPE OF,SERVICES ' Professional General Engineering and Architectural Services" RFQ #PW20 16-22 The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," is seeking to retai!1 the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architect\lral Services: as more particularly described herein, under continuing professional service contracts to perform work as needed on a rotational basis.' . In order to fulfill such needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of four. (4) qualified 'firms under four (4) separate continuing professional service agreements, each under the s~me terms and conditions: E~ch individual agreement with each consultant shall be for a term of three (3) years with one (I) renewal option of ~o (2) years; at the sole discretion of the City. The services to be provided by the consultant(s) will be: (I) General Consulting Services whereby the consultant may serve as advisor, administrative consultant or technical consultant to the City. The consultant will be asked to act as a technical resource supporting and supplementing City Staff. (2) Services could also be project specific and will be assigned on a work-order basis, whereby the consultant will be asked to prepare planning documents, engineering studies, construction plans ar,d specifications and/or provide construction management services for specific projects as defined by the City. The construction management services or Construction Engil1eering Inspection (CEI) may be provided for projects completed by ,the consultant, completed by another consultant(s) or in support of projects completed by City staff. Other professional ,services to be provided may include, and' are not be limited to, architectural services for miscellaneous projects; design and/or construction management projects; such as roadways, drainage, structural, electrical, mechanical, traffic engineering, civil/site planning, water and sewer, environmental assessments and engineering, architectural design, landscaping design, value engineering, construction management, and project management. From time to time, consultants may be asked to assist the City in project coordination mee~ings with other municipalities, regulatory agencies, and developers, local and state governments. The categories required generally include, but are not limited to the following; • Traffic and Transportation Engineering Includes field data collection and analysis for the preparation of traffic studies including, but not limited to: Intersection and roadway capacity 'analysis;, signal warrant studies; signal timing analysis and design; traffic circulation studies; traffic calming studies; trip gener:ation; forecasting and assignment; as well as pavement markings and signing. Consultant shall review plans, including privately prepared traffic impact analyses, Thomas F. Pepe 10113/2016 Page 38 of 66 r vehicular circulation plans, and valet parking plans, for private development projects for compliance with the City's Land Development Code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as reql.)ired. • Roadway, Drainage, and General Engineering Design Includes roadway ~esign and drainage analysis needed to prepare a complete set of roadway construction plans including drainage calculations and design, traffic control, maintenance of traffic, street lighting, permits applications and processing, as well as technical specifications, bid documents and tabulations. It will also include site plan development and grading plans. • Water and Wastewater Design Includes the preparation of plans and specifications for water distribution plans, sanitary sewer plans for gravity mains and force mains, arid sanitary sewer pump stations. The design will follow the Miami Dade County Water arid Sewer Department criteria and specifications for donation projects, as required by the City. • Structural (building and misc. components) Includes the design, calculations and analysis needed to prepare a complete set of construc1;ion documents for misc. structures, retaining wall, culverts, building structures, as needed including foundation designs. • Environmental Engineering Includes field data collection, site investigations, environmental assessments and design as needed to prepare remediation plans for underground storc~ge tanks, hazardous waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. • Architectural Services Includes the architectural and engineering reviews necessary to confirm plans prepared by individuals or consultants· for either City or private development projects for compliance with the City's Land Development Code and to applicable Building and Zoning codes, fire codes and Americans with Disabilities Act requirements. Consultant personnel would work under the supervision of the Public Works Director or Planning Director depending upon the scope of the project, and Building Official of the City. The consultant shall review plans for private development projects and overall design and compatibility with surroundings and vision of the City and, best practices of the industry. Provides recommendation of approval to the City's Public Works Director or Planning Director and the Building Official charged with issuing permits. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. • Landscape Architecture Services Preparation of landscape plans (conceptual through final drawings and specifications) including tree selection, tree identification and biology, growth characteristics and requirements (water, soil, nutrition), installation and establishment, as well as pruning and maintenance recommendations. The consultant shall review plans for private development projects for compatibility with the City's Land Development code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. Thomas F. Pepe 10/13/2016 Page 39 of 66 47 vehicular circulation plans, and valet parking plans, for private development projects for compliance with the City's Land Development Code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as reql)ired. • Roadway, Drainage, and General Engineering Design Includes roadway ~esign and drainage analysis needed to prepare a complete set of roadway construction plans including drainage calculations· and design, traffic control, maintenance of traffic, street lighting, permits applications and processing, as well as technical specifications, bid documents and tabulations. It will also include site plan development and grading plaris. • Water and Wastewater Design Includes the preparation of plans and specifications for water distribution plans, sanitary .sewer plans for gravity mains and force mains, arid sani.tary sewer pump stations. The design will follow the Miami Dade County Water arid Sewer Department criteria and specifications for donation projects, as required by the City. • Structural (building and misc. components) Includes the design, calculations and analysis needed to prepare a complete set of construction documents for misc. structures, retaining wall, culverts, building structures, as needed including foundation designs. • Environmental Engineering Includes field data· collection, site investigations, environmental assessments and design ·as needed to prepare remediation plans for underground ston~ge tanks, hazardous waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. • Architectural Services Includes the architectural and engineering reviews necessary to confirm plans prepared by individuals or con.sultants· for either City or private development projects for compliance with the City's Land Development Code and to applicable Building and Zoning codes, fire codes and Americans with Disabilities Act requirements. Consultant personnel would work under the supervision of the PU.blic Works Director or Planning Director depending upon the' scope of the project, and Building Official of the City. The consultant shall review plans for private development projects and overall design and compatibility with surroundings and vision of the City and, best practices of the industry. Provides recommendation of approval to the City's Public Works Director or Planning Director and the Building Official charged with issuing permits. Consultant will attend meetings with City staff and make presentations to the City Commission and appOinted boards, as required. • Landscape Architecture Services Preparation of landscape plans (conceptual through final drawings and specifications) including tree selection, tree identification and biology, growth characteristics and requirements (water, soil, nutrition), installation and establishment, as well as pruning and maintenance recommendations. The consultant shall review plans for private development projects for compatibility with the City's Land Development code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. Thomas F. Pepe 10/13/2016 Page 39 of 66 I ~. I I I I I i I • Certified Arborist Services Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assIst City Departments with other iss'ues related to the maintenance, preservation. and protection of trees on both private and public property. • Surveying and Mapping (miscellaneous survey's needs) • Geotechnical Engineering (Field exploration and laboratory testing, soil borings for Percolation Tests and Standard Penetration Test (SPT). Double Ring infiltration test. engineering evaluation and reporting) • Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including street and recreational facilities lighting design. air condi:tioning systems, fire protection) • Construction Management. and Construction Engineering Inspection Services (CEI) Includes engineering services necessary for the' analysis of construction schedules, . construction delay claims, change orders, preparation of progress and final payment estimates, contract correspondence, preparation of minutes for various meetings and public information programs. It will include also detailed inspections during the construction process •. certification of pre-manufactured materials. testing of materials. monitoring' conformance to construction plans and specifications, review and approval of shop drawings, review and recommend progress payments, preparation of progress reports. All documents are to be signed and sealed by a Professional E.ngineer or Architect registered in the State of Florida. NOTE.: LINKS TO THE CITY'S COMPRE.HENSIVE PLAN AND LAND DEVE.LOPMENT CODE ARE REFERENCED IN EXHIBIT #3. In order to be considered, consulting firms or team joint ventures must have experience in all related areas described above and be particularly familiar with the design criteria and standard used within each area of expertise and in particular the practices of the State of Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-Dade County Department of Environmental Resources Management and Miami-Dade County Water and Sewer Department, the State of Florida Department of Health, the State of Florida Department of Environmental Protection and the South Florida Water Management District as well as applicable Building codes. Consultants should also be familiar with the applicable ordinances of the City of South Miami. The City understands that not all of the interested firms .provide services for all of the different disciplines mentioned; therefore, the City will consider joint ventures. Thomas F. Pepe 10/13/2016 END OF SECTION Page 40 of 66 48 .-Certified Arborist Services Consultant may be called upon to review all tree removal permit applications that are su~mitted to ensure compliance with the regulations outlined in 'Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed. assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. • Surveying and Mapping (miscellaneous survey's needs) • Geotechnical Engineering (Field explorC!.tion and 'Iaboratory testing. soil borings for Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test, engineering evaluation and reporting) • Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including street and recreational facilities lighting design, air condi:tioning systems, fire protection) • Construction Management. and -Construction Engineering Inspection Services (CEI) Includes engineering services necessary for the analysis of c'onstruction schedules •. . construction delay claims, change orders. preparation of progress and final payment estimates, contract correspondence, preparation of minutes f~r various meetings and public information programs. It will in<;lude also detailed inspections during the construction process,. certification of pre-manufactured m~terials, testing of materials, monitoring' conformance to construction plans and specifications, review and approval of shop drawings, review and recommend .. progress payments, preparation of progress reports. All documents are to be Signed and sealed by a Professional· E.ngineer or Architect registered in the State of Florida. NOTE: LINKS TP THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE ARE· REFERENCED IN EXHIBIT #3. In order to be considered, consulting firms or te~m joint ventures must have experience in all related areas described above and be particularly familiar with the design criteria and ~ta~dard used within each area of expertise and in particular the practices of the State of Florida Department of Transportation, Miami-Dade County Public Works Department, Miami-Dade County Department of Environmental Resources Management and Miami-Dade County Water and Sewer Department, the State of Florida Department of Health, the State of Florida Department of Environmental Protection and the South Florida Water Management District as well as applicable Building codes. Consultants should also be familiar with the applicable _ ordinances of the City of South Miami. The City understands that not all of the interested firms .provide services for all of the different disciplines mentioned; therefore, the City will consider joint ventures. Thomas F. Pepe 10113/2016 END OF SECTION Page 40 of 66 EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 The submittal must name all persons or entities interested in the submittal as principals. The submittal must declare that it is made without collusion with any other person or entity submitting a submittal pursuant to this RFQ. Each firm shall. only submit once as a prime and may participate as a s·ub-consultant on more than one team. The City of South Miami shall only consider a.joint venture team or firm that provides all disciplines requested in the RFQ. SUBMITTAL FORMAT Firms shall prepare their submittals using the following format and should include, but not be limited, to the following: . I. Letter of Transmittal a.) This letter will summarize in a brief ~nd concise manner, the respondent's understanding of the scope of work and make a positive commitment to timely perform the work. b.) The tetter must name all of the pers()ns authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent· of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length~ 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: Thomas F. Pepe 10113/2016 A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (') unbound origina' and five (5) copies, 3-ring binders are not .permitted. One ('). digita' or com.parable medium including Flash Drive, DVD or CD copy is ALSO required. Submission .packages shall be tabbed according to a Tab'e of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the five (5) copies must be exact duplicates of the original submission. Page 41 of 66 I ~ l I I 49 EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 The submittal must name all persons or entities interested in the submittal as principals. The submittal must declare that it is made without collusion with any other person or entity submitting a submittal pursuant to this RFQ. Each firm shall. only submit once as a prime and may participate as a s·ub-consultant on more than one team. The City of South Miami shall only consider a.joint venture team or firm that provides all disciplines requested in the RFQ. SUBMITTAL FORMAT Firms shall prepare their submittals using the following format and should include, but not be limited, to the following: . I. Letter of Transmittal a.) This letter will summarize in a brief ~nd concise manner, the respondent's understanding of the scope of work and make a positive commitment to timely perform the work. b.) The tetter must name all of the pers()ns authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent· of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length~ 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: Thomas F. Pepe 10113/2016 A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (') unbound origina' and five (5) copies, 3-ring binders are not .permitted. One ('). digita' or com.parable medium including Flash Drive, DVD or CD copy is ALSO required. Submission .packages shall be tabbed according to a Tab'e of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the five (5) copies must be exact duplicates of the original submission. Page 41 of 66 I ~ l I I Thomas F. Pepe 10/13/2016 FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNA TED NON-RESPONSIVE •. B. Titie Page Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and the subject: ttprofessional General Engineering and Architectural Services," RFQ #PW20 1.6-22. C. Table of Contents Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct.a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5) where subsections (I) through (3) shall be no more than 10' pages single-sided. Where (I) through (3) contain more than the 10 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. I. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFQ and ability to perform the work requested; the Respondent's background and experience in providing similar ser:vices. This summary should be brief and concise to advise the reader of the basic servic~s offered, experience and Proposal of the Respondent, staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers~ owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (Similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client, (2) Page 42 of 66 50 Thomas F. Pepe 10/13/2016 FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE •. B. Titie Page Show the name of Respondent's agency/firin, address, telephone number, and name of contact person, email address, date, and the subject: "Professional General Engineering and Architectural Services/' RFQ #PW20 1.6-22. C. Table of Contents . . Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct.a meaningful evaluation of the propos~d services. The Qualification Statem,ent should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5) where subsections (I) through (3) shall be no more than I () pages single·sided. Where (I) through (3) contain more than th~ 10 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as des~ribed below. I. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFQ and ability to perform the work requested; the Respondent's background and experience in providing similar ser:vices. This summary should be brief and concise to advise the reader of the basic servic~s offered, experience and Proposal of the Respondent, staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers: owners. board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client. (2) Page 42 of66 description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent islwas the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. - 4~ Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, inducling their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub-_ consultants. Provide professional licenses on pertinent key personnel -(including sub-consultants) to be assigned for the services of this RFQ. 5. Provide the appropriate SF 330 _ Form, OMB #9000-0157 and Expires 1 1130/2017, in support of the services requested by this RFQ. SF 330 can be downloaded from: http://www.gsa.gov/portallforms/d~wnload/l 16486 ~ For joint venture teams: -Prime shall submit Section A, B, C and D of SF 330 Part I on behalf of joint venture team. -Information for both Prime and Sub-consultants shall be submitted _ in sections E, F, G and H of SF 330 Part I -Both Prime and Sub-consultants shall submit Part II of S.F. 330 Note: Confidential and Proprietary Information. Trade secrets or proprietary- information submitted by Respondents in connection with this pre-qualification process may be subject to the disclosure under Chapter I 19, F.S., unless such information is specifically exempted or categorized as confidential in-that Chapter or another section of t~e Florida Statutes. However, respondents must invoke the protections of any such section(s) within 24 hours of notice that a public records request for such information has been made and if Respondent invokes an alleged right to an exemption or declares the information to be confidential, Respondent shall provide written justification including a citation to the specific statutory authority relied upon and the reasons why it applies to the records being requested. Failure to abide by this procedure may result in disclosure of the Respondent's information and Respondent agrees that the City shall not be liable to Respondent for disclosure under such circumstances. Furthermore, if a Respondent objects to production of the documents, Respondent agrees to indemnify- and hold the City harmless from any and all costs and expense incurred by the City, including City's attorney fees, in defending an action filed to obtain said records, as well as any damage award against the City, including the attorney fees of any of the parties in such suit and appeal. Thomas F. Pepe 10113/2016 END OF SECTION Page 43 of 66 51 description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent islwas the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. - 4~ Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, inducling their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub-_ consultants. Provide professional licenses on pertinent key personnel -(including sub-consultants) to be assigned for the services of this RFQ. 5. Provide the appropriate SF 330 _ Form, OMB #9000-0157 and Expires 1 1130/2017, in support of the services requested by this RFQ. SF 330 can be downloaded from: http://www.gsa.gov/portallforms/d~wnload/l 16486 ~ For joint venture teams: -Prime shall submit Section A, B, C and D of SF 330 Part I on behalf of joint venture team. -Information for both Prime and Sub-consultants shall be submitted _ in sections E, F, G and H of SF 330 Part I -Both Prime and Sub-consultants shall submit Part II of S.F. 330 Note: Confidential and Proprietary Information. Trade secrets or proprietary- information submitted by Respondents in connection with this pre-qualification process may be subject to the disclosure under Chapter I 19, F.S., unless such information is specifically exempted or categorized as confidential in-that Chapter or another section of t~e Florida Statutes. However, respondents must invoke the protections of any such section(s) within 24 hours of notice that a public records request for such information has been made and if Respondent invokes an alleged right to an exemption or declares the information to be confidential, Respondent shall provide written justification including a citation to the specific statutory authority relied upon and the reasons why it applies to the records being requested. Failure to abide by this procedure may result in disclosure of the Respondent's information and Respondent agrees that the City shall not be liable to Respondent for disclosure under such circumstances. Furthermore, if a Respondent objects to production of the documents, Respondent agrees to indemnify- and hold the City harmless from any and all costs and expense incurred by the City, including City's attorney fees, in defending an action filed to obtain said records, as well as any damage award against the City, including the attorney fees of any of the parties in such suit and appeal. - Thomas F. Pepe 10113/2016 END OF SECTION Page 43 of 66 EXHIBIT#3 CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Note: The City's Comprehensive Plan and land Development Code can be accessed through the following links provided below City of South Miar:ni's Current: I. Comprehensive Plan -Please see link below: http://www.southmiamifl.gov/index.aspx?NID=179 2. Land Development Code -Please see link below: Thomas F. Pepe 1011 3/20 16 https:llwww.municode.com/library/fl/sQuth_miami/codes/land _ development_code END OF SECTION Page 44 of 66 52 EXHIBIT #3 CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Note: The City's Comprehensive Plan and land Development Code can be accessed through the following links provided below City of South Miami's Current: I. Comprehensive Plan -Please see link below: http://www.southmiamifl.gov/index.aspx?NID=179 2. Land Development Code -Please see link below: Thomas F. Pepe 10113/2016 https:llwww.municode.com/librarylfl/sQuth_miami/codes/land _ development_code END OF SECTION Page 44 of 66 EXHIBIT #4 INSURANCE & INDEMNIFICATION REQUIREMENTS "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 INSURANCE & INDEMNIFICATION REQUIREMENTS 1.0 I Insurance A. Without limiting its liability; the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any ofthem may be liable; B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resl,llting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation law" of the State of Florida including Chapter Thomas F. Pepe 10113/2016 Page 45 of 66 I l 53 EXHIBIT #4 INSURANCE & INDEMNIFICATION REQUIREMENTS "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 INSURANCE & INDEMNIFICATION REQUIREMENTS 1.0 I Insurance A. Without limiting its liability; the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any ofthem may be liable; B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resl,llting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation law" of the State of Florida including Chapter Thomas F. Pepe 10113/2016 Page 45 of 66 I l 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive. General Liability insurance with broad form endorsement, as well as automobile liability, completed operations .and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contra~tors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with· minimum limits of coverage equal to those reqUired for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non~Owned Vehicles (c) Employers' Non~Ownership I.OT SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the· subcontract shall contain the saine insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, Thomas F. Pepe 10/13/2016 Page 46 of 66 54 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive. General Liability insurance with broad form endorsement, as well as automobile liability, completed operations .and products liability, contractual liability, . severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy. without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation . (b) Independent Contra~tors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement .. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with· minimum limits of coverage equal to those reqUired for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non~Owned Vehicles (c) Employers' Non~Ownership I.OT SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is . sublet, the· subcontract shall contain the saine insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, Thomas F. Pepe 10/13/2016 Page 46 of 66 additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall al~o cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at I~ast 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 B. All of the provisions set forth in Miscellaneous section herein belo~ shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall . expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering .the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the il)surance 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 AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10/13/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising . injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 47 of 66 55 additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall al~o cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at I~ast 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 B. All of the provisions set forth in Miscellaneous section herein belo~ shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall . expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering .the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the il)surance 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 AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10/13/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising . injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 47 of 66 (2) a policy provision or an endorsement with substantially similar provisi'ons as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days adv~nced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, .with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM ,shall also prOVide Professional liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limi,t of liability providing for all sums which ,the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completi~n of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liabi,lity Insurance, in the amount and under the terms specified above, which is also acceptable. 'No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. " Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries" damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. , B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any andall damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate' levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property , arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10/13/2016 Page 48 of 66 I I I I ~ I 56 (2) a policy provision or an endorsement with substantially similar provisi'ons as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days adv~nced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, .with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM ,shall also prOVide Professional liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limi,t of liability providing for all sums which ,the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completi~n of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liabi,lity Insurance, in the amount and under the terms specified above, which is also acceptable. 'No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. " Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries" damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. , B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any andall damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate' levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property , arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10/13/2016 Page 48 of 66 I I I I ~ I officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers. affiliates. employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm. its contractor/subcontractor or any of their agents, representatives. employees, or assigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of· the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives. employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami. which approval will not be unreasonably withheld. F. However. as to design professional contracts. and pursuant to Section 725.08 (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, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 49 of 66 57 officers, affiliates, employees, successors and assigns, including their attorney's fees, in 1;he defense of any action in law or equity brought against them and arising from the negligent error, omissi(;>n, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, ·and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of· the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions· of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (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, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 49 of 66 ,EXHIBIT#S EVALUATIONAN,D SELECTION CRITERIA "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Scoring and Ranking Phase I ~ Competitive Selection-Ranking; maximum 100 points per committee member. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The evaluation factors used for determining qualifications for ranking include: I. Qualifications, competency and technical expertise of the firm and personnel to perform the services in accordance with the Scope of Services: Maximum Points: 40 , 2. Qualifications of the Project Manager and Project Team: Maximum Points: 30 3. Related Projects/Past Experience: Maximum Points: 20 4. Overall quality and completeness of the submittal: Maximum Points: , 0 Phase II -Competitive Negotiations Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the "short-list" respondents or, any respondents. A final ranking of all firms or short-listed firms will be submitted to the City Manager for .review and approval. In order to fulfill the City's needs and meet the requirements for quick response and specialized services, in accordance with Exhibit , "Scope of Services," the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. The City Manager shall commence negotiations with the first Tanked firm. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations shall continue until the City Manager has successfully completed negotiations with a maximum of four firms, each of whom shall execute a contract with the City and be on the City's roster of professional consultants. The firms shall not be in competition with each other except for their qualifications. The City reserves the right to reject all Respondents, to request clarification of information submitted or to request additional information from any Respondent, and to waive any irregularities in any submittal. Thomas F. Pepe 10113/2016 END OF SECTION Page SO of 66 58 ,EXHIBIT #5 EVALUATION 'AN ,0 SELECTION CRITERIA "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 Scoring and Ranl<ing Phase I :-Competitive Selection-Ranking; maximum 100 points per committee member. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subseq~ent negotiations with the highest ranked consul,tant. The evaluation factors used for determining, qualifications for ranking include: I. Qualifications, competency and technical expertise of the firm and personnel to perform the services in accordance with the Scope of Services: Maximum Points: 40 , 2. Qualifications ofthe Project Manager a:nd Project Team: Maximum Points: 30 3. Related Projects/Past Experience: , Maximum Points: 20 4. Overall quality and completeness of the submittal: Max~mum Points: 10 Phase II -Competitive Negotiations Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the "short-list" respondents or, any respondents. A final ranking of all firms or short-listed firms will be submitted to the City Manager for .review and approval. In order to fulfill the City's needs and meet the requirements for quick response and specialized services, in accordance with Exhibit I "Scope of Services," the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. The City Manager shall commence negotiations with the first 'ranked firm. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations shall continue until the City Manager has successfully completed negotiations with a maximum of four firms, each of whom shall execute a contract with the City and be on the City's roster of professional consultants. The firms shall not be in competition with each other except for their qualifications. The City reserves the right to reject all Respondents, to request clarification of information submitted or to request additional information from any Respondent, and to waive any irregularities in any submittal. Thomas F. Pepe 10113/2016 END OF SECTION Page SO of 66 l ( r l i EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT "Professional ~eneral Engineering and Architectural Services" RFQ #PW20 16-22 THIS AGREEMENT made and entered into this __ day of , 20_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenantS contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General· Provisions 1.1 . A. Notice to Proceed will be !ssuedby 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 ilroceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 the services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed. from the CITY' subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. . 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Thomas F. Pepe 10113/2016 Page 51 of 66 59 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT "Professional ~eneral Engineering and Architectural Services" RFQ #PW20 16-22 THIS AGREEMENT made and entered into this __ day of , 20_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenantS contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General· Provisions 1.1 . A. Notice to Proceed will be !ssuedby 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 ilroceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 the services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed. from the CITY' subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. . 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Thomas F. Pepe 10/1 3/20 16 Page 51 of 66 wages, benefits, overhead and profit and that shall be in writing, ·signed by the CONSULTANT and the City Manager and attached hereto. as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed. during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached. to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. . 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and· the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding u.pon 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, CONSU L T ANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reprodUcible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a . period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiatlon certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due . to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the ·CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Thomas F. Pepe 10/13/2016 Page 52 of 66 60 wages, benefits, overhead and profit and that shall be in writing, ·signed by the CONSULTANT and the City Manager and attached· hereto . as ATTACHME.NT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSUL TANT for all authorized WORK· performed. during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHME.NT ·A or, if no schedule of payment exhibit is attached. to this AGREEMENT then. payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually perf~rmed and approved in writing by the City Manager. . 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and· the character, quality, amount and value. The representative's. decisioris upon aU· claims, questions, and disputes shall be final, conclusive an~ binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that t~e 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 decisi.on of the City Manager. 7.0 Ownership of Documents. All repo~ and reproducible plans, and other data developed by the CONSULTANT for the purpose of thi~ AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a . period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiatlon certificate stating that wage ni.tes 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 i~ consent to the assignment· of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities prOVided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Thomas F. Pepe 1011312016 Page 52 of 66 to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by 'either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authoriz~d and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. . . .. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by. the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one twO- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall theterin exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, tlie 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 CONSU L T ANT shaU 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 teli (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 ow.n 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 ATTACHME.NT 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 Thomas F. Pepe 10113/2016 Page 53 of 66 61 to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by 'either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authoriz~d and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. . . .. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by. the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one twO- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall theterin exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, tlie 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 CONSU L T ANT shaU 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 teli (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 ow.n 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 ATTACHME.NT 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 Thomas F. Pepe 10113/2016 Page S3 of 66 AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive ofsales 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 ht';lalth 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 lury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder .. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any,and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in· any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order·to entitle any party to exercise any remedy reserved to it in this Thomas F. Pepe 10113/2016 Page 54 of 66 62 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 ~o create a par~nership, joi,nt venture, or agency relationship ~etween 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 hElalth 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 AGREEME~T constitutes the entire agreement of the parties, incorporates all the understandings of the parties and , supersedes any prior agreements, understandings, representatiqn or negotiation, written or oral. This AGREEMENT may ·not be modified or amended except in writing, signed, by both parties hereto. T~is 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 i's 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 lury Trial. CITY and CONSULTANT, knowingly, irrevocably voluntarily and intentionally waive any right eit~er may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the 'Work thereunder. , 26.0 Validity of Executed Copies. This, AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the Singular words substituted for plural and plural words substituted for singular wherev~r 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 AGREE~ENT, 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 Co~tract Documents, if any, or this AGREEMENT. In order'to entitle any party to exercise any remedy reserved to it in this Thomas F. Pepe 10113/2016 Page 54 of 66 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 I any other term, condition. or prOVision hereof, nor will a waiver of any breach of aFlY 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 a.ct as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations. including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT. the CONSULTANT hereby certifies under penalty of perjury. to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida. with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County. Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto. and approved by the City Commission if such approval is required by City's Charter. and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is reqUired by the City's Charter. then the date of approval by City Commission. whichever is later. 34.0 Third· Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thomas F. Pepe 10113/2016 Page 5S of 66 63 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 f any other term, condition. or provision hereof, nor will a waiver of any breach of aFlY . term, condition or provision con.stitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not a.ct as a waiver of any subsequent breach or default. . 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination . against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals an~ entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is reqUired by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third· Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thomas F. Pepe 10113/2016 Page 55 of 66 anyone other than the parties hereto, and that only the parties hereto shalJ have any rights hereunder. 35.0 Further Assurances. The parties he rete agree to execute any arid 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 ofthe essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion; strikes, labor disputes, or governmental demands Or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully . responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreeme~ts, 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 Qf its subcontractors are required to comply with the pUbl.ic records law (s.119.070 I) 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. ~re 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 r~quirements 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 recor9s. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public -records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 4 LO Notices. Whenever notice shall be reqUired or permitted herein, it shall be Thomas F. Pepe 10113/2016 Page 56 of 66 64 anyone other than the parties hereto, and that only the parties hereto shalJ have any rights hereunder. 35.0 Further Assurances. The parties he rete agree to execute any arid 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 ofthe essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion; strikes, labor disputes, or governmental demands Or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully . responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreeme~ts, 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 Qf its subcontractors are required to comply with the pUbl.ic records law (s.119.070 I) 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. ~re 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 r~quirements 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 recor9s. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public -records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO. THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 4 LO Notices. Whenever notice shall be required or permitted herein, it shall be Thomas F. Pepe 10113/2016 Page 56 of 66 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: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami. FL 33143 Tel: (305) 668-251 0 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami. FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have. and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer. in accordance with such officer's powers to bind the CONSULTANT hereunder. and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. IN WITNESS WHEREOF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: Maria M. Menendez. CMC City Clerk Thomas F. Pepe 10/13/2016 CONSUL TANT: By: _________ _ (Print Name Above) City of South Miami By: Page 57 of 66 Steven Alexander City Manager 65 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: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: Maria M. Menendez, CMC City Clerk Thomas F. Pepe 10113/2016 CONSULTANT: By: _________ _ (Print Name Above) City of South Miami By: _~ __________ ___ Steven Alexander City Manager Page 57 of 66 I I Read and· Ap'proved as to Form, Language, Legality and Execution thereof: By: ______ .,---__ _ Thomas F. Pepe, Esq. City Attorney- Thomas F. Pepe 10113/2016 Page 58 of 66 66 Read and· Ap'proved as to Form, Language, Legality and Execution thereof: By: ______ .,---__ _ Thomas F. Pepe, Esq. City Attorney- Thomas F. Pepe 10113/2016 Page 58 of 66 Thomas F. Pepe 10113/2016 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" . RFQ·#PW10I6.11 Page 59 of 66 67 Thomas F. Pepe 10/13/2016 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" . RFQ·#PW10I6.11 Page S9 of 66 ATTACHMENT· B INSURANCE & INDEMNifiCATION REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 1.0 I 0 Insurance A. Without limiting its liability, the. contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with -regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami; whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease,or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liabllity coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 I I Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes. as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 1011312016 Page 60 of 66 68 ATTACHMENT· B INSURANCE & INDEMNlfICATION·REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional.General Engineeririg and Architectural Services" RFQ #PW20 16-22 1.0 I 0 Insurance A. Without limiting its liability, the. contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with ·regard to Insurance and Indemnification reqUirements) shall be reqUired to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM', 'from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami; whethe'r such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of th~m or by anyone for whose acts any of them may be liable. B. No insurance required by the CIJ"Y shall be issued or written by a surplus lines carrier unless'authorized in writing by the CITY and such authorization shall be at th.e CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a comp~ny or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or resylt from the FIRM's operations underthe Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,' disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or . disease,or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 I I Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 10/13/2016 Page 60 of 66 In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: . • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract· shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Thomas F. Pepe 10113/2016 Page 61 of 66 f L. 69 In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: . • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations·Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract· shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Thomas F. Pepe 10/13/2016 Page 61 of 66 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the ins,ured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY; either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide, that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue' insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as Thomas F. Pepe 10113/2016 follows: . "The City of South Miami is an additional insured. The insurenhall pay all sums that the City of South Miami becomes legally obligated to pay a:s damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 70 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the ins,l,.Ired property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous .section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur duri~g the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by t~eFIRM and must be approved by the CITY. At the option of the CITY; either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory. to the CITY covering the same. H.· The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide, that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required pOlides for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue' insurance in the State of Florida. All insurance policies muSt be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of thiS document) which shall include the declaration page and all required endorsements. In addition, the fiRM shall deliver, at the time of delivery of the insurance certificate, the foll~wing endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10/13/2016 "The City of South Miami is an additional insured. The insurer'shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 , I I I. (4) a. policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellatio.n for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives; Sub Contractors or assign~, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under th.e terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the ci,tyat the city's sole, absolute and unfettered discretion. Indemnification Requirement G. The Firm accepts and voluntarily. incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by . reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising OUt of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10113/2016 Page 63 of 66 71 (4) a. policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellatio.n for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives; Sub Contractors or assign~, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under th.e terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the ci,tyat the city's sole, absolute and unfettered discretion. Indemnification Requirement G. The Firm accepts and voluntarily. incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by . reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising OUt of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10113/2016 Page 63 of 66 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this . Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. . J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or .omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, . or assigns, or anyone acting through. or on behalf of them. K. The FIrm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld; L However, as to design professional contracts, and pursuant to Section 725.08 (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 con.cerning 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 oy the negligence, recklessness, or intentionally wrongful conduct of the design profes~ional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 72 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. . J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld; L. .However, as to design professional contracts, and pursuant to Section 725.08 (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 DY the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 EXHIBIT #7 "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid speCifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered"when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who Wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, 'when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest 'Letter and the required filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. 'The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with· a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or Thomas F. Pepe 10/13/2016- Page 65 of 66 73 EXHIBIT #7 "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid speCifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered"when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who Wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, 'when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest 'Letter and the required filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. 'The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with· a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or Thomas F. Pepe 10/13/2016- Page 65 of 66 disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the City Manager or the City. Commission as provided in subsection (f) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. Thomas F. Pepe 10/11/2016 END OF DOCUMENT Page 66 of 66 74 disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (1) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further wit~ the solicitation or with the award of the contract until the protest is resolved by the City Manager or the City. Commission as provided in subsection (1) above, unless the City Manager makes a written determination that the s·olicitation· process or the contract award must be continued without delay in order to avoid potential harm to the heaith, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. Thomas F. Pepe 10/1312016 END OF DOCUMENT Page 66 o{66 i I t I I I I I . I I I \ Date: ,RFQ Title: RFQ No.: .. C . rr'Hc,IJ,-A.lmJo (i'" Southf'Miami THE CI'fY OF PLEASANT LIVING Pre-Bid Conference Sig~-In Sheet . November 15, 2016 Professional General Engineering and Architectural Services PW20 I 6-22 X:\PurchBsing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 75 Date: ,RFQ Title: RFQ No.: (i'" Southf'Miami THE CI'fY OF PLEASANT LIVING Pre-Bid Conference Sig~-In Sheet . November 15, 2016 Professional General Engineering and Architectural Services PW20 I 6-22 X:\Purcbasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc Date: RFQ Title: RFQ No.: II ~ Soutn'Miami THE CITY OF Pl~SANT LIVING Pre-Bid Conference Sign-In Sheet November 15, 2016 Professional General Engineering and Architectural Services PW20 I 6-22 X:\Purcbasing\Request for Proposals & Qualification (RFPs)\20J6 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 76 Date: RFQ Title: RFQ No.: II ~ Soutn'Miami THE CITY OF Pl~SANT LIVING Pre-Bid Conference Sign-In Sheet November 15, 2016 Professional General Engineering and Architectural Services PW2016-22 X:\Purch8sing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc Date: RFQ Title: RFQ No.: "lease .Pri .. t (:Ie.,-Iy SoutOOiami THE CRY OF plEASANT LIVING Pre-Bid Conference Sign-In Sheet November 15,2016 Professional General Engineering and Architectural Services PW20 I 6.;.22 Name/Title Company Name/ E-mail Address Telephone No. 5 II X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc l 77 Date: RFQ Title: RFQ No.: "lease .Pri .. t (:Ie.,-Iy SoutOOiami THE CRY OF plEASANT LIVING Pre-Bid Conference Sign-In Sheet November 15,2016 Professional General Engineering and Architectural Services PW20 I 6.;.22 Name/Title Company Name/ E-mail Address Telephone No. 5 II X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc l Date: RFQ Title: RFQ No.: II (,i). South{t'Miami THE CITY OF PLEASANT lIVINC Pre-Bid Conference Siin-In Sheet November .15, 2016 Professional General. Engineering and Architectural Services ··PW2016-22 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 78 Date: RFQ Title: RFQ No.: II (,i). South{t'Miami THE CITY OF PLEASANT lIVINC Pre-Bid Conference Siin-In Sheet November .15, 2016 Professional General. Engineering and Architectural Services ··PW2016-22 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc Date: RFQ Title: RFQ No.: II '(dl South{'Miami THE CITY OF PLEASANT LIVING Pre·Bid Conference Sign-In Sheet November 15, 2016 Professional General Engineering and Architectural SerVices PW10 I 6·22 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 79 Date: RFQ Title: RFQ No.: II of7) South{'Miami THE CITY OF PLE!\SANT LIVING Pre-Bid Conference Sign-In Sheet November 15, 2016 Professional General Engineering and Architectural Services PW10i6-21 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc BID OPENING REPORT· Bids were opened on: Monday, December 5, 2016 after: lO:OOam For:RFQ# PW 2016-22 Professional General Engineering & Architectural Services COMPANIES THAT SUBMITTED PROPOSALS: A.D.A. ENGINEERING, INC ................................................................... . BERMELLO NAMIL & PARTNERS, INC ............................................. .. CALVIN GIORDANO & ASSOCIATES, INC. ........................................ .. CPH .................................................................. : ..................................... . EAC CONSULTAN!S .......... , .................................................................. . FERNANDEZ·-BERAUD, INC .............................................................. . KEITH AND ASSOCIATES, INC ........................ : ................................... . KEITH AND SCHNARS ......................................................................... .. MARlIN.ENGINEERING, INC .............................................................. . MILLER LEGG ....................................................................................... . PISTORINO &ALAM CONSULTING ENGINEERING/INc.. ............. .. R.J. BEHAR & COMPANY, INC ........................................................... . RODRIGUEZ AND QUIROGA, ARCHITECTS CHARTERED ............. .. SOL-ARCH.; ..• " .•••••• S.R.S. ENGINEERING, INC ................................................................ .. STANTEC ............................................................................................. . THE CORRADINO GROUP ................................................................. . T.Y. LYN INTERNATIONAl.. .............................................................. . WOLFBERG ALVAREZ & PARTNERS ............................................... .. THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: MARIA M. MENENDEZ Print Name witness:------:.·_32~'-!h~h --!.W;~e~h-.:::s~t~e"-v-~_ Print Name Witness:_-::----:: _________ _ Print Name . ,? Si ature . Signature f I 80 BID OPENING REPORT· Bids were opened on: Monday. December 5. 2016 after: lO:OOam . For: RFON PW 2016-22 Professional General Engineering & Architectural Services COMPANIES THAT SUBMITTED PROPOSALS: A.D.A. ENGINEERING, INC ................................................................... . BERMELlO AJAMll & PARTNERS, INC ............................................. .. CALVIN GIORDANO & ASSOCIATES, INC ......................................... .. CPH .................................................................. : .................................... .. EAC CONSULTAN!S .......... , .................................................................. . FERNANDEZ·-BERAUD, INC .............................................................. . KEITH AND ASSOCIATES, INC ........................ : .................................. .. KEITH AND SCHNARS ...... , .................................................................. .. MARl:IN-ENGINEERING, INC .............................................................. . MILLER lEGG........................................................................................ . PISTORINO & AlAM CONSULTING ENGINEERING,INC. ............... . RJ. BEHAR & COMPANY, INC ........................................................... . RODRIGUEZ AND QUrROGA, ARCHITECTS CHARTERED .............. . SOl-ARCH., • • • • < • • • , , • , S.R.S. ENGINEERING, INC ................................................................ .. STANTEC ............................................................................................ .. THE CORRADI~O GROUP ................................................................. . T.Y. LYN INTERNATIONAL. ............................................................... . WOLFBERG ALVAREZ & PARTNERS ............................................... .. THE ABOVE BIDS HAVE NOT BEEN CHECKED .. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: MARIA M. MENENDEZ Print Name Witness:---,:, -.:20~-"'h'--""'.L-.!.:-w:-=e::..eh::-=s==-· t~e~v_ Print Name Witness: ____________ _ Print Name . ,,--- ~~ Si ature . Signature 81 .1'Ilf:r..rr.t"'J~""o.:_·_""'UIl"',="-~~"-"·'''''''''''~_''_''''''--'' ___ ...... _._ ....... _ .•• _ ...... _ ...... _ ••• _., •. _~ .... . 82 83 Evaluator Shari Kamali Grizel /,VIartinez Jane Tompkins TOTAL RANK Evaluator Shari Kamall Evaluator Grizel Martinez Evaluator Jane Tompkins PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SERVICES RFQ #PW2016~22 ' SHORT LIST INTERVIEWS FINAL RAN KINGS -FEBRUARY 1, 201'7 Calvin Corradino EAC Marlin RJ Behar Giordano Group Consulting Engineering' , SRS Eng; 92 93 96 100 96 97 91 91 96 95 95 97 85 70 90 90 80 85 268 254 282 ,285 271 279 7 8 A_~,~ ~"~;/~,~;;~ .'.A:~ 0 ;~~~~.~. _~:.~'~~~~~":~:~'~':""~ 5 --~.---~----. --- Calvin Corradino EAC Marlin RJ Behar SRS Eng: Giordano Group Consulting Engineering 92 93 96 100 ' 96' 97 Calvin Corradino EAC Marlin RJ Behar· SRS Eng. Giordano Consulting Engineering Group ·91 91-96 95 95 97 Calvin Corrildino EAt . Marlin RJ ~ehar ,SRS Eng. Giordano Group Consulting Engineering 85 70 90 90 80 85 Stantec TYUN 98 100 '90 96 . 90 .75 278 , 271 5 Stantec TYUN 98 100 . , Stantec TYliN ' 90 96 , ·Stantec TYliN 90 75 84 Evaluator Shari Kamali Grizel /,VIartinez Jane Tompkins TOTAL RANK Evaluator Shari Kamall Evaluator Grizel Martinez Evaluator Jane Tompkins PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SERVICES RFQ #PW2016~22 ' SHORT LIST INTERVIEWS FINAL RAN KINGS -FEBRUARY 1, 201'7 Calvin Corradino EAC Marlin RJ Behar Giordano Group Consulting Engineering' , SRS Eng; 92 93 96 100 96 97 91 91 96 95 95 97 85 70 90 90 80 85 268 254 282 ,285 271 279 7 8 A_~,~ ~"~;/~,~;;~ .'.A:~ 0 ;~~~~.~. _~:.~'~~~~~":~:~'~':""~ 5 --~.---~----. --- Calvin Corradino EAC Marlin RJ Behar SRS Eng: Giordano Group Consulting Engineering 92 93 96 100 ' 96' 97 Calvin Corradino EAC Marlin RJ Behar· SRS Eng. Giordano Consulting Engineering Group ·91 91-96 95 95 97 Calvin Corrildino EAt . Marlin RJ ~ehar ,SRS Eng. Giordano Group Consulting Engineering 85 70 90 90 80 85 Stantec TYUN 98 100 '90 96 . 90 .75 278 , 271 5 Stantec TYUN 98 100 . , Stantec TYliN ' 90 96 , ·Stantec TYliN 90 7S MIAMI DAILY BUSINESS REVIEW Publ,shed Daily except Saturday, Sunday ana Legal Holidays MIami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says Ihal he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flkJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, pubiished at Miami ir> Miami-Dade County, Florida; that the attached copy of advertisement. being a Legal Acvert:sement 07 Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-MAR 21,2017 In the XXXX Coun, was published in said newspaper in the issues of 03/10/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, m said Miami.Dade County, Florida and that the said newspaper has he~etofore been continuously published in saio Miami ·Dade County, Flonda each day, (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy' of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for f Sw 10 CITY OF ·SOUTH MIAMI NOTnCE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida,will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, March 21, 2017, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to considel the following item(s): l A Resolution authorizing the City Manager to enter Into a mUlti-year contract) with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering; Inc., and Stantec for general engineering services on an as needed basis. An Ordinance amending the Land Development Code, Article II, "Definitions", Section 20-2.3, "I;)efinitions", and Article III, "Zoning Regulations", Sections 20-3.3{D) "Permitted Use Schedule" and 20-3.4(B) "S",ecial Requirements" adding subsection (24) relating to Medical Marijuana Cehters and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in the'City of South Miami. An Ordinance amending Section 20-2.3 of the City of South Miam; Land Development Code, creating a definition for "E)eauty/Barber Shop, or Beauty Spa" uses; and amending Section 20·3,3(0) and Section 20-7.12 .concerning permitted uses of Beauty Shops, Barber Shops and Beauty Spas and parking requirements. An Ordinance amending 'Chapter 2, Article I, 'Section 2-2.1 of the Code of Ordinances to add subsection (P) and for the purpose of providing a procedure for approving the South Miami Community Redevelop-ment Agency budget. ALL'interested parties are invited to attend and will,~e heard. For further information, ptease contact the City Clerk's Office at: 305-663·6340. Maria M, Menendez, CMC, City Clerk , :\,\,\\\lmO~I'p~pl. ~,,,,"'\:n10MA8 ilIff,', __ -/-~::'>;,.=£._-4--"<L:::L..LJ~~"'::::oL--;::~*'--S_~i1.'~.~.iIl7 •• ,.c. ~ Pursuant to Florida Statutes 286,0105, the City hereby advises the public ~ ,.~ r IV t"';;o ~ that If a person decides to appeal any deCIsion made by this Board, Agency (SEAL) MARIA MESA personally known to me ~ / CJ\) ~'(,~'oe <.0" ~·c. ~: or Commission with respect to any matter considered at its meeting or ~ : $ ~ ~ ~ ':. *-;:' hearing, he or she will need a record of the proceedings, ,and that for such :; * ~ ~ 0 4l> g =-purpose, affected person may need to ensure that a verbatim record of the ~ "c FF034747 : i:!f~ proceedi:~gs ismade which record includes the testimony and evidence ~~\ # cO ~~ upon which the appeal IS to be based, ' , ~-9'-", c. cc'(!2~ 3/10 17·85/0000205560M 'l·r;.-Cc c ~" ~ ~/" PUp······ .~~ C5 ~" 'III~ dUC 51111 \ ~ ~\~'i ~/'I/'im~\\'~~\ 85 MIAMI DAILY BUSINESS REVIEW Publoshed Daily except Salurday. Sunday and Legal Holidays Miami. Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flWa Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County. Florida; that the attached copy of advertisement being a Legal Aavertlsement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-MAR 21,2017 in the XXXX Court, was published in said newspaper in the issues of 0311012017 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami. In said Miami-Dade County. Florida and that the said newspaper has heretofore been conhnuously published in said Miami -Dade County, Florida each day. (except Saturday, Sunday and Legal Hohdays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dacie County. Florida., for a perioci of one year next preceding the firsl publication of the attached copy' of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebale. commission Sw 10 this advertisemenl for · ~\\\\\lmp"'8',,1. CITY OF'SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida.will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, March 21,2017, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to considet the following item(s): l A Resolution authorizing the City Manager to enter Into a' multI-year contract ) with EAC Consulting, Inc., Marlin ,Engineering, Inc., SRS EngIneering; Inc., and Stantec for general engineering services on an as needed basis. An Ordinance amending'the Land Development Code, Article'lI, "Definitions", Section 20-2.3, "Oefinitions·, and .Article III, ·Zoning Regulations", Sections 20-3.3(0) "Permitted Use Schedule" and 20-3.4(B) "Special Requirements" adding subseCtion (24) relating to Medical Marijuana Cehters and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in the' City of South Miami. An Ordinance amending Secticn 20-2.3 of the City 01 South Miami Land Development Code, creating a definition for '~eautylBarber Shop. or Beauty Spa" uses; and amending Section 20-3.3(D) and Section 20-7.12 .concerning permitted uses of Beauty Shops, Barber ShQps and Beauty Spas and parking re~uirements. An Ordinance amending 'Chapter 2, Article I, Section 2-2.1 of the Code o! 9rdinances to add subsection (P) and for the purpose of providing a procedure for approving the South Miami Community Redevelopment Agency budget. . ALL interested parties are invited to attend and will !:Ie heard. For further information, please contact the City Clerk's Office at: 305-663·6340. Maria M. Menendez, CMC. City Clerk ~"'\.1HOMAS )1",,-,: §o .0 00 •• 0 0 0 ~ Pursuant to Florida Statutes 286.0105, the City hereby advises the public ---I~~_£_-4--"&<Z-.LJ~':::""'::::'.L--;.i~-.... ·~~~;sfar 'IV l·o. ". that if a person decides to appeal any decision made by this Board, Agency (SEAL) l Y\) ~,,~'oe <.or? ~·.o ~: or C~mmission with respect to any matter considered at its meeting or MARIA MESA personally known to me _: $' ~ ~ 1& : * :E' hearIng, he or she will need a record of the procl)sdinQS, .and that for such :: '* : CO> • 4i> g:: purpose, affected person may need to ensure that a verbatim record of the i ~ ~ #FF 034747 : ~ ~ proceedi~gs is. made ~hich record includes the testimony and evidence ~s..'" o· ~~ upon which the appeal IS to be based.. .' . ~-?~'. .oo(.JJ~ 3/10 17-85/0000205560M ~~rrDoo o·(~,~ ~".f. ,oUP .o".o.~c. C" ~ '1111. riLlC 511\ \ \.~\,'Ii ~/'I/'imu"'~~ I I t I l 6A I Local &-State DEATHS I JOHN W. W~LSH. 68 I illin1l1i Hrrul~ ISUNllA.,\,illICtlU2Gl1 ~U.MIHEIlAlD(OJo! Helped start organizations to fight lung disorder A y~ari!'fltlJ!r.m 2004, Wllbh hod the wn~ nUl' Ron when he {u.fourull!d tlnd t>!cl'Ime the firllt rro:fI1- dent of the COPD .·ounch'llonin Co~'IJ1'\I.ll (;lewe, ..... Uh:l st.ctlM. ('Ifflc~ in Washingfon. He followed wilh UtI!' COP!' Advt.lc:lt."P rraj!:r.l11t :,"d the ('.rlnlP't5-0 awn."Ii COrD Caucus 10 push fut more fundtDg fo: n:search and JliItient :lcr;us. In2014, Walsh, who lived in Cot:ll Gables, wns elected t('llhe Natitona) Health Council's board of ,Ur~('t01S. BY flUWI\ltOCOlll1O h<DI~npjJ_ld.fllrll flChie:vu ~ Q leg~lld in 1M "arId of OOl"O ~t llu- ,zenetic fnnn rnU~dAI phn-l," lAid hob Camph:ll, 1bll rutUlons 01' AmlU-A1ph;:a-l communic~tion' iCl'u$ .. u(luin~frnm mronic dir~ctnr. ob.strucovc pulrnoruuy "Aliehsotutc Itgcnd in di!:ean: All.! Ilw It~nellc lhe ri~ldur pMitnllldvo\::I,- (nrm ,,:illrd AnOtllPs;u cy." Mntk "ClUtin, CEO of DefICiency (A1phrH) hIVe' the NatiOn:lt Hulth.Coun· loi;l ukl-Y aDy in Ihv fight to cUI &i\id in a stalemclll. hrin.u.wattne/l~ and rand:\ 1\\ 1989, WIlI~h 1\')lSII CUle for the. de adly luni member of a ml311 group of diselltt. . peuple -l.:'~ then S,OOO It DU1U)t:SItt11a'l '''hn W:drh. Ihe lime -\IIhn hlld ~en . to-foundw of the core diagnolCd wiThAJpha~l.;1- F01Q.tllt.lon 1Ul~1 the Alpbu-] I!.!nl!ut.:' ~tion thai had F(\'\)J'Id:,U(ln PM A1rh:tNtt. aH)~ed the CorD !hl'll died Wedne~oy n.o; the plngued not Clnly WaIBh, but tduli ofinjlUh·,stht= S\l.ff~rcd hlstwin brotb.!t l'rtd, ~ister in II faD nlClft t1~'Il:l yUf $1l$'3.l), MdtMirm(lthcr. tlgoananli:y'tIfetln whodJ~dat46 from the WlllbingtDn.Hl!w.asfiS. dl!l1!::UI!. "J(\hnw~,jnf:lct,aLNJ'U COrD'hI',,~endi!l~- Mud iu Ilt lea1t 12 nullion pt'ople iulhc Unitt'" SUII"~ Andtslh,.th1rdm('lltcnm- man CII;US~ of deaih in tht (OlUlUy, acC'()n:lIng til Ihq Amrric~n I.unlt Am)Ci:\lion. Although it is ohen caJled a ")luokt'f'S Jn~llse,~ lIliUlY people w)ln 11;1'1e cnpP never Slllobd. 'I'here is no '''''. In peop,,. t\oith ll~ Al- pM-I deticient.'Y. the liver traps end ,j~struY' mon, or :uI, nfthe protems that rhe body mot's 10 protect the 11lnp: from irrilMbllkl: cijtM'etlP $1t1Oke,lltrrallu- tion And Infections. Alpha-I, which CAll "htl I.:"IUI~ Uver d:lm:tile, i~ the: mod COin- monlmown gemtic mil itlctOI f\lt COrD I\nd It r3~td from fine "h'lform:d gene ttom ncb pjlTent. Oflht 12 m1Uillhpruplc di:lf!Tl"~t'" with (,;OPD, Uti to 3 rerc~ntcf them nmy h;)VI A1ph:H, accurJ.il1£ to the Alphn-l Fc-undllli(\n. Little WIlS known hy the pubhc or ntt'lb.::a1 COllun,m..i~ Iy when WnJlih, wh[l never sruobd, :lItd his l1rothu, wtw ~nluk"d, soUghllttD.t- menl fot tIlcjr ,h:lSed ,.ymp- toms -styen aDergieS', ~herlnl:u of bruth nnd. rt'cpirAtnry I"rnhlel'l\ll. 1he N:nloNll InS'1jfLltcs of H~lIlth I.:cnf'inned lh" Welshe$.· dl3j!llC'5l~ in J4)fl.9 ~nd the pelt joined lhe ilBI!'I'ICY" ~Iudy un AJphll-I. . When the NlHtl\ldy ended in 1995, tne NIH d.evtlorcd £. tlToh:in thel'"' npy.Walllh,t>ominArlillf(- (fit"""'" ........ " ..... 1"' John Walsh. pict\A'ed in his CocoflUt Grove office in 2005. fO\i\dtd several South Florrda organizations to fight tung dISorders. inchJding the Atpha.l Foundiltion and the COPO Foundation ton, MMJi1mU$dl"luId }teen livm,.inMillmi fnrtwtl yem:froritsclim!ltt. Whlle aUl!.nding 01 SUPPOrt gI\'\I]" in WUl Palm JlellCh, he 11lired money til produce Q CD (}Iat provided infomlatioD ('I\\A1rtm·J. . He wudetennrued to do mule. That ~ yroltl W:r.lsh ;md h\.'f\ (eUn"", AI- "John wns n fnrnler Anny !tang!!'f. Thoughhe w:!s afmh! of heigbl~ M ¥OiWl- Il!'er~d fOf Aitl>o~ Schtl(ll andbPl'OUiW llpuatro0rer, brt!auil: i"l\nll!huic: Jwupins out of planes: is: a required ,kUlforcrallgtf. n:1t should tl' U yon a lot aboUI the S1renjtth of hi,: ChIlT- :.rter, Mil and commllmem 10 mj60-siOI1/ sMtt MalLia RitclUe, thfo Alrh:.-l FllUl\· dation's chief operating omcer. r--T-O-W-N-O-F-S-O-U-TH-W-E-S-T-R-A-N-CH-E-S----, .------T-O-W-N-O-F-------, [~;1;'~;;~:?£~ NOTICE OF PUBLIC HEARING SOUTHWEST RANCHES ~;~':.:-g,";:::1~I~:~;3;,~- "J(lhnh..,rt Ib.'ll asttU\Uih· ing:POWtI dutpecplt get whm Ih~y ha" lup1 tllrrgy and ~eu fC'r sNntlhinjt l)nd a willingneS'S to dC\'lIle lheirIife 10 ill" Call1plx:U /laid. "H,. w.'~ ~l:lrtinJ:'frnm It tiny pl'ltienl bas!!'. He hl'ld Pi' power bil~. Slarted with little nmrllO~ }lilt be ~lIjlt Ihe CO%(' olrganiZ3lioll of tht AJphll.-l ",'Urld and tb~n lhl: ('nr~ fcW'ldntionnfthe corD world Thar'$ III) ai1.0nlrii!ng nwnber of :lchit'\'cmell~ in 1\ httJ~ IIVl!'r lOyel11's." TtHt Town Council o· the Tow!"l 01 Sou:f'WItSl Rr:mcrI9!, will moDI at " pUbnC hoaring at 71lD PM on Thursday, March 23, 2017 al the SOlJlhw(>&t Ra.'1ehQs Courmil cnambers. loclllec1 11I 1311100 Grifljn Roru1. ~ulhwaSI RaDales. Fl 33330. Tna mee:ing b opsn 10 the publ'c ondWin be collducledi~ eccOIda,,:cOWI:h the provls,on') 01 FIOrid'o law. WANER OF PlA.I ~ Considsratlon of WaIVer of Pial Apf<bt:al'on No, WP-1S-1S tD strocfivl(ls gpPfoximarely 11.5 niH (.Icreslnto ~w:> InIS 017.fo ,,1'1(1 3.65 t:CrClS OTIc:! 0.27-W810 bA o&d!Oalad .. s Ilgl'!I-oI"'Ao'a)': OllMra111' Ioc:ued at Iho notrf\well comor 01 SUI line Roa.d and SW 130:-Avenue. Robet1l&\V!n, pelitionar; Polar Cort$!dlaf'!s.lnr .. agenL A copy of 1nt& ~roposed S!'l~cl",lJ!ll :ni!y be ",:i!p8C1ed by lho putllic tll~.(t Tewn of S~ulhwest f\ar.cl\as TOYfn Hall dJ'''O regu!e.r bUs!N!SS lioJI$ Comments 01 any P,1eI'(,~led party relal've to \halO trultlen rnoy ba s ... b-·ined ir'l V'I~llin!J ardor pren"'.:ed In person .. : lhe meetlng. SHOULD ANY PERSON DESIRE TO A!=,DEI\L ANY DECISION MADE BY THE BOARD. Ac\ENCY OR COUNCIL, WITH RESPECT TO ANV MAnER TO 9:' CONSIDERED AT THESE MEETINGS 01:1 HEARINGS. "THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS. ANO IT WkL BE It!:E.!B. RESPONSIBILITY TO ENSURE TtIAT A VERBATIM FiECORD OF THE ?ROCEEDINGS IS MADE. INCWO!NG AlL TESnMONY AND EVIDENCE UPON WHICH ANV APPEAL MAY BE BASeD (F.S. 286.0105). Please cali iSS4) 434..o0nB ~Dl My questlc:"I$ rcgard::'Ig lhs abo'la matt9.S nera may b9 occos.cns ",hcm ono Of n'lOrc Bol'lrd. Ago".cy. or COlrocd Mambu's w'il panlcipala by lelept-o"\a. AI Ihl: abOVe loca!ion thQ!'O \ ... ,11 be Dlesenl a &pell;i(tll telgphOnl! so .hlu any lfll£!rested person can sUend !he meellng ill Ole aboVe loci'': on a;>dbc h<lly ItIlotmcd of tho dis~", W:,II\9 p!&te eil!'tGf In pe-son 01 ~V telep!'.ona corn-nul'IICatfcn. Two Dr more fTlembera 01 ao,/ athol Town Comm!lloo. Soard. Agoncy. cr Counoil. who aro 1'101 rnamb&rs o! lh!a board mny at!liInd thIS mes1ing 11M rnay at 11tal limo. diSt.~U55 -'al1ors 0; which Iolesooable acUD!!. may lalel be t!l!te"\ by theIr Cornmit:ee, BoD/d. Agency. Of CouncIl. In accordance WIlr. 11'19 Atner1caft& wilh OlaablbliQ& Act 0: 1990. 811 ~et600S who lllO dlseblBd and who nood spe:IoI acLornmodetions )g: pan.;clpate In Ults PIClcaeding bece.use 01 l;;pl diaebti1y should conlact Ihe Tow" r.ltllk. 19fi4) 434-0008, no lale: (han MO business (8)'& pllor 10 &Uc:h p,ocoGdings. JI o1n ir.dl\·ic!;ml is hearing or speach Irnpalrad. please cnU (800) 955-81'1'1 iV. TOOl. NOTICE OF ~~\~N;~.::,:".:,:~I:~~P._ COMPREHENSIVE PLAN ~~~I:\~~tl~t~:sd:~~~S~~~[ AMENDMENT n,::,:;';,~h:z;~lv The Town CGunoi! will cOfIwol c public hllllJ1ftg tilT OD PM en Io\I)fch. 23. 2017 at tt'lo Southwosl RlU'lcho$ Town. .wI JOCDf.Od 01 13~DO Grirtin Rooll. So~\hWG!l Rancho. Fl 33330 10 colllltd'er tho Iolo'llling ordinlll\oe on CbC~1\d ~oo.dt1lg. AN ORDINANCE OF 'IiE TOWN OF SOUTHWEST RANCHES. FLORIDA. APPROVlNC3 AN UPDATE TO THE T£N..VfAR WATER SUPPLY FACILITIES PlAN I'WS~P') At-m ADOPTING AN IMPLEIJIENTtItlG .AMENDMENT TO TIiE GOALS, OBJECTNES AND POLIciES Of THE CI\PITAL n,tPRovEMEN16 ELEh4E,NT OF THE TOWN OF SOUTHW£S'f RANCHES COIAPREHE"lSIV£ PLAN. AUiHORtllNO TRANSMITTAL Of THE W6FP UPDATE AND COMFREHE"'SIVt: PLAN AMENDMEt..'l TO Rfvl£'m",o AGENCIES: PROVIDING FOR COWLICT. PROVIDING ~O"' SEVERABILfTY. "NO. PROVIDING FO~ AN EFfECTIVE DATE. [Allprovltf on Fj.s! RlI8ding on UG'ltmbe~ 10. 2:01$) TI\6 moolino "",n be cpun 10 \!'If pllUllc and will bo COl\duc:ICtd In tLC(;Crri&l'lco wItfl Iho Plo"';$lcns ')1 floflda La"". The prop~.'lcl ~1~'nAtlC" COI'ICClna Qll\cndments t':l thO' ttlll 0111'10 ComplehGI\"~c Pion tha' t\Ppty lown-wld,. I\. C:i\'Y ~I 1M .u·utlO::lo·j or!ftnan03 mny La ir·:tttc(1\ed IJy U"l ~,,1·1,; 81 lM i" ... r 01 r.·: .. lfoow4~ R .. n:,l'IU TtoWU I-i,,~ ojLl'~ leg<lbr bUEIMU no~PL Lell (954) ot24.o00a lor QlOtD Inkoi'IRfo:aro. CO'n~~tD cl Q!V J:;IDru~ I1ll't~· !!-I4It.P. I::: 1t,150 o1".a"fo!o~a ~III)' bll slIlomil\"..J IIIm;li' II 1I~/CJ' ~I>&,,\tI'J ill Joolorabll !>1iO;JLD ANY PfJ:t&O~1 OESlRE TO A;>PEAL. M"f DECISICN lJA.ilE' SY THf I!OAfUJ. AGF.SCY O~ COlJ~Cl. VIITH RBPECT Te. M.r.t MATTER m BE CONSIDERED AT THESE MEEl'lrlG!:o OR H[ARINGS n{AT peRSON WILL NEro A AECORO CF TI'I.E, ?AOCfEDI .... G~. AWi 11 WILI_ BE lJ:ifI!I ~ TO EN~lIPE THAf A VEReAn~ RfCORO Of ;HE F'HQCE[:J1Nas r.. MADE. ~tLUOit~G AlL J[SlLl-.:r;"'IY II.W:J t,Viilt:J-'Cl; 1:1'(IIIWltr-.ltM"1I\I'I·~II_ 'tIAV BE BASED IF.:' Zltr..OIO!Oj. Pi.:.1l'J t.lotlICJS4) 4301.cDO$ /til .r,~ TM:f6 Jl'I~' till 'JCt,ublll ,w.o'1 otle or ro~~ Sea/d. Mlln.", .. Cor Ca!.llX:il !/.smt·crc wit 1:11.11\.:1»1'" t.y :.h!-v~n .. /lJ \Il~ at.cv .. 10~1UID~, "ore w~ Lf "reserl II f::".II'<tn!'I~Ioor;o,,~ 'flilla! ,,~.y Inlf"CO:Dd t"1>,ga., ......... nena 11'10 ['r1~1"19 al I;'~ \'lhoyo k,catifon a!\d t,c lu[lv Idlll'W:<$ ollhll diltCU¥$I<>IIS U,r"''''''J vlac~ !llthu: ~I J,l4lsor· or;.,y Itl'l.!lrr! com ,,~'~~II)!'I. Two ollltttre 1't'~II.oOI5 ::1 fl"y olh')f Tow., Co.ro~·dl'le. BuG"'. A~r.stq'. ror Coul>CIl who '''1 "101 tnlH"I;I6iG rollh;" t.ol.m HIllY iI~<v.f Ih~ 1II~I,ng nM IUoy el tn(ll IIn;e. cf .. ..cuu 1Mr..B I;'n wh~tI fO'ul!ooblO' AollOn ma~ laid bll ~koJ" L., lhe, C.OtlU,t\ltdll. Oc.a.d, Agd!lC1. o· COlol1cb 1:-,"~.r •• .:Ior.('.# ~ Ihfl J\n'.liea ..... wil .. Ois~bill,elllu:l nl 1&90. 2111 lIO·!.'·"" ..mo lilt .JI"II*~ .. .'\0 yff.1> need 'LlN'Io1 lIcn:nn"lOpel;eM I: fll"tr.iI.lD:4 ,1\ Inll 11It:::toau-g lJe~eus" of It~ dUU!bU,ty cb"'uH :;:GII"~llho Tt=krI Cktt. f~S~1 <l3+Q!'08. n: bMr IIllln I~ wsiMour '~O'{' ~'flt'-Ie lliUC," gIOC1!o!-il~"Js II fill, itIdM(h'ol i, ""1O:lnD :II SOIII!JCt. k"p:l~~. rleDI8 coil (6001 il5!t-P771 (V-roo). ~t.'lIsI!R Mllli!t.I\Ir.;I)!!tllllt .... 1I Adt'''l'Iislt&!'J'1 TOWlI Glcrk mlltching l'unds, IIdvacJlCY and Il\flue~. lending to rt'.)taI'l!h tenlrn nation- willc,incl~ ;l.tHtltvlU'd. Q sene thenpf ptolJT2m (or \hI.! JWlg anJ h\·tt ill Unl- Verltlty nt Flnrirb 11111' \1ni· vCfShy (.If Califanu;1 at SI\11 Diegu,lUlJ IlJ\A]ph.\-l re~· lrynttbe MerlKill Um- versity ~t Sollll, Carohnn. The nCll1f1tofil$' a)Sf' b~Vt: r~j/led milul'tls fn, rtl-Cflrcb. "OW' dIsion 11 (0 y..rt ourseJ\.'~s out of busineas. ~ W!llsh tokl the MI:\ln) fiH- nld in 1005. "We W;lni 10 otre Alph:t·J. ~ MIAMI Walih Is ~un1vct:! by hl~ wift Dinne, rlaupnc:r l.indll. gtl'JlddaughtCJ' Lily, hlti brotht1 fftHll ilJlrl Eisten fius:-:n Fcnn and Judy WaWl. The fOlmllypi!llUo l\ 1"1i\'llte c.e1ehnlifllloflife. HGJ;'md CDJirll! .10 ... ·.mi·.l~f)I, (dIHtn'QrdCon'TI DCF lawyers not in contempt, judge finds &YCAROL)l,\iUllN MILl.ER rllL#rbinlil't.f •• .,.l/rfrr"ri" ... , A b-haml ludge hns ruled Ihat slitI' rhlld \'f(,UaR I:t.wyon were n~t in con- tempi of ce'Gn when they ctry!!' tm'crrontous in- fCtrm~lIioll :LMUr a g;,1 whu WIlS' in the nme: bome as a rUS!\'r siblmg WhD bangC"u henelf -whil~ h\r.,tl'tlUn- Ins on Pncehook. Miami Curuil luug,,· Ma.ria Silm~dr()·IRlesi3, who buds the circuit', duM w.:ifcr.: dlvwon, ht"hl • he:luing earlier lhit ""eek Ie determine wMlher the n'·V.u-'lI.lt:'nl "r CIUhlto!n III FMlibcs' ChildTtn',s 1..ett:0I1 Services had been In con~ tt'mpl 01 court when law- y<'1S I'lovid~d het infonnl- lion tb;t t}w judge h.ueved l()bt'f3tr~. The information per- tllinlld to tht idl!'nilly 01 I~\) glori, who WI.'W livinlf ill the same Miami Glrdells foster homt' M t4-ycar·old Nnikll Vl'nlll'lt, who hlan~.~d helSelf on raC'ehook Live, At the tleiring WcdnL:6daYJ CLS lawycn In,il!etJ they Dl3.de p mis- l:1oke In Idf'ntif~'jngone of tho' girls, but hotd no m- tenlioll of bltateadnlg the judge. lu a short unlL!'r I/!:IWJ Friday, SI.mpedrc.lgluill sRid Children'~ le~al Sen.·- ir.cs and thl.' (lffk!.' • lop In .... wt in Miamil CJari,n C.'\bl!!'io, wet!!' (19t guilty of iudir~d d\iJ (Onlemp!. "liatfd on tbe l!'yidehCI!' prl!llenttd nt the hrllting, lh,' runec' Infl.1nW!tioll has btc:n teceivcd r.y the court," Sllmp~dro-llilestn wtntC' .... 1bt~ cVid"nCt' further iJldJt:atell thnt nej- th,.r CLS not C~bNJa will- fully rail~ 10 ('oonr1}'" with. an order S:tmpedrD-lgle.~i" signt'll 01\ fe-b, 22. CITY OF SOUTH MIAMI COURTKW NOTICF. :-;Ui!l:S: 11I1J£M!R\ ~ .... (n t(\4111'1o; r~l~ f',,1\:mIlPon 01 rh~ nr:<' 01 ~,I-'I'I \I~"I'II. IT)D"tl~ .... ,11 r .. ""l"rl riNoo' \!O'U1&{IJ ~I'" n:~~~ {'m ';'.r"II\':":~"I\,..t111'J;. <Oo,<h:d"L.oJf{,,·rll\'ubl )'l""t'I: 1 :1'11. t.:rinD,n);41 J:IIO r If .. i.., II.., en! l.'·1III11I"to'l'lUu."~·:. r·n(l SI'JI<ct !)r,\'t.Io' ,·~r.'l.l..1 lilt to.lh .. ~ "~rr(~I: ... EARN $380 • $1,000 OR MORE A WEEK! .. ( ,\ k.· ....... "'r..N1 .I,," .. ,. .. ..,..~ '~~l' J,t~H~IIC' f,\ cr,I(" ,,"'. ~ tll.II/'.)',.,., f'of'Il:,'I-·1 ",tl'l Ii.\(' r,'Nu\t,"",\ In, ~'Llltlr1 f.nf,'nltrirls. !flo'. SRS t'llf.!,;.·tll'l$. hI'. ~IIIISI.uu(r I,,, Stn:nltup"tni/l8 ~m'lI'" ) IIOmlllo.rJ:Jt<n .... 1\1\ , ... ,~"~,,."C !l1!Vt\o!<z,J: IN I.CII" 1),o.'CJ;fm,:" ('nd: Arro:l~ lJ. hiltlol>,lin,,' "tc.kon !o:": .' 'I"'nmlhO"'~' IIYl.'lttv.-lt ill. ·1 .. \Il'!\~ ittlllPl","''', Mr1,W\, 't:~,.lt.I.1J r£tb\lr,J t ' ... S.bnI.oIr" 111"-1 :!1-' .!If'" 'S~Ql R.:qrrr;II'o:IlI'· :.Idirti Nh".:':U,..,f!.tl r,;ldl!:J: L" :\1 • ...jy'..lI MIII!!\UINI ('.:n: • .,. .:l.t f'1, .... odmr J.:h.,IlIl'7\S Rhhtl; .... ,.n,J _I!.cI1J :t'!tl 't;uL>:I''''~ [pr .\01.:':lo.'l~ MAlilUIIU (::II1C(':1\ I):. t-", .'1 SPldJ, ~h~n,. • SaIl SUbSCriptions at retaIl & community events • Ma.ke your cwn schedute • Work outdoors & Independently • Commission base, aggressive &nd competitive pay • Must hl!lve transportation & insuranee • OrientatIon provided • No experic.Rce necessary RUnl\liHrrnl~ C1:lli1ll1nl .\:> Cl,,'m;:,n...: "",,".!inl S:~L"'" :>1) :.' .'1 Ihf t:it\ 1'1 l'.<UIh M,~ .... 1.-' t):,,,"1"1lOfI: Cro..k' Lh .. rrl! • ,1I:~n:IK<" ltor ·1~:tIl·,!'(U~r\t:L "1",,,,'1 tI;.oIt) SIU" ..,.~~: IN.' ..,f\I:'I;;lll., S: .. ,~~: :<1.,\ 'a» ::;..) \f." .• r. _",.' 1:; r •• I:f:n,n: ~lItUtl~'I\tI" d l;~lILl\.L ~l"l"J. ll,,"cf ~1'o'1'~ lIn,J lit.L1'Y lIr;>1 ,ro.) rNllI'~I"'llru'''Ii'f\'' 11'1 I",l:"u,,~ .. n • ."JIlI~ In",'''' 2 .-\n,,·'" I. )oo'.~ ' .. GI ::, .. ],1 ,.1 I .... I',~k' ,./ Ul<"!.~.·' ~ h' ",'.: 'L,tol".m.:l cI': .M I", U", l'1li1"'''' ,'I f'j,·,,..b,~ • ('I'.'l.""urf J. I .;'I""'~"; ,"'" ~",,") ~b,,,..: r""I"""uj'J K."",~,·j":'(r'l'!"l-,n) " ... l:~, .\1.1. ""Mr)"~1 r.n"'..r.·in.n~J h ... U,'Ihi<O.I .. illl-. !,'''',l I'", r'II1I~-: tnT,oflhtl"I>-\'!"'t .••. '~I'~., .. " f!'"y 1·":l·JO:f, .... ,,,. 1tJ~.A(·v.r ... " \: .. w).1 ~1""1,.Ir~ (:;\tI' I ~-""' ..... ~ ~ H .. ~ ... ~ .. , .... ~ •.• ''' ...... I~.' .... ,~: .,.,t."' ... ~ .... "' .• ~ I-"'o. ......... ',,·f' '''''"''· .. ,.1:.1 .... ..,.. ...... "", ~_, "" ...... ( ..... ""' .. _ ... ~ ••• : .. ,~' .... , .. .,.., •• ''''"'', ...... :.: ....... ,. ••• "".;.. ... oJ,. ",1/"" . " .......... , .... , , .. .,," /' .... ' 'I .. : 'N ,"'" r.u~" .• ~ •. ,,~ ·,r·. ~t·.~ .... J ,., .,."", tlo_ ~ .n;"".., , .... ,.",., .. I".·'· .. · .... ,· .. ".'" ~,II..I. ,~, ... ' ..... ' ...... ,",_ ~l .... 'c.I<I:t,~., ....• J."t.,'1:.",~·"'''~'' ..... , I r ~ I 86 6A I Loclil (y Stllte I llllnnu!lrruib . DEATHS I JOHN W. WALSH. 68 Helped start organizations to fight lung disorder A yofar I!'lIrlrer.ln 2004, Walshhoc3 the SAtne mi.· Jion wben ltd. lo-foundfd and MC;'llftf 1M Our prelli- t1enlofth~COPD FOuMlIlioftinCo(\)\\l11 (;l(l\'t, with A sc.mnd pffic. in WNhb,gfOn. He folloMd with Ih.! COPD Mwc:lr.'Y pltllpam MCllb. C'.onaru· 1ioa."I1 COI"DCaucDS 10 push for mort fundtDgfor rcsc:m:h and }1O'rient lIIcetAS. In.2014, Walsb. who lived tnCol"ll10ables, was !ll!:cted t(l tbe Nati(lnaJ neallh Coun.cU's bcwd of dhKtors. .,hltvu lUICIalepnd ill tbt 11' nU\'IAllDCOIII,. ,wartd of OOl'D 1nI\ rht ~...u.-J4,.. "nltic:rnnnC'1'lU,dA1~ phn~l,".Ald bobCamphelJ, 'lbI1U!lJioJw of Anna-Alpha-! commuaicDlioM KI'nJl:JU".rin,frnmmrt'nic dlMctnr. obmucdve puImDnmy "AJ1, aluolute legend in MIIR Ill.! Ilw It,nelit' \be a.lduf palilDlaclVO\.'lI.· fnrml'alltd.Anti1JlPJiD cy."MnfkRtlGtin,C'..F.Oaf OeflCitlq"(Alpha-J)mve Ilit Nadon:alHe.llhCoun· at a:by ally in Ih. fill" 10 cU, ~"id In a SlIIc:m.nt. . hrtnJIIlW2ftner:!r gel rNa III 1989, WIII_" ",liS. curt forthe.deadly luag rnemberor um:tll group of dileon. . peuplc--t~»th'nS,OOtl.t RUSlJ)eSlll11A" ,,.hI, \V:tbht UMllme -whn bad hten • co..fOlUldtroftbe corD dtagnoRd wl1hAJpha-1. II. Fouadollon and the AIpha.J l-",,~lJc~tion 1hGlbad Ff'tU1d:.UcmtmdAlI'h:lNtr. CRDftdiheCorDDmt died Wednudof lIS £he plasued ltOlMly WAlrl'l, but J'doul\ of~uril,'.hc ""ffneel hllitwiD brother lull, aoimr iDafaDDlOtltlh:m:l yur ~,Mdlheinnl'lhct. GSOOllm1i:yltfterln who dlfd at46ftom the W •• blnpm. HI! Wid6&. diHIlSII. ItI"M \r.Nl, in f:'d,a IIIJ1U' corn 111n lttfndi:llC- TOWN OF SOUTHWEST RANCHES NOTicE OF PUBLIC HEARING Tne Town Council 0' the Town 01 Scw:rwIJS1 Rer.eh!!. wrll 11\001 8 .. a pUblic hoaring at 7'00 PIJI on TIIUI.day, MaId! 23. 2017 at 1'1. SoUlhVi",t Ra.'tOtIes COUllC".i! Chambers. IocUled III 1~40D Gliflin ROllfl'. &.JlIUiwoSI Rancnas. FL 33330. Tne mn:lng IS Op!ln to \he pubfc "ndwid a COlldUtled i. .. eccotdar:CD wr.h the prDVIsoOftS 01 Ftolilfalaw. WANER OF PbA.T -Conaldsnltlcn ofWslY,rof Pkl APs-bc:aa1Ml No. WP·16·16 1£1 slolbclNttt8 i!oPPJDlliimareiv u.s nel ocre. Into ~w:) Inls of 7.fi find 3.65 cercI or:d 0.27-£CfB to be ae60aled t'S 11gf'I1-okvay: oen'na'ly (ocamd 01 1118 nOf.hwetl cosnur 01 SUIUnt Road Ind SW 130=-Avenue. Rob .... L&\Ifln, p8liticnar; Pdlar Co"~la"·1S. Inr .. agenL A copy 0' tru& rtloposad 8n'ct""'~l mil)' be ~pedad by lno putllic &11!-.o lawn ot 9~ulnw8S1 F\;u':dII1$ TO¥rn Hall d..t'''O ggll1&r business 1iO.Jl1 Com,nenlS 01 any InI8l"~sled party retai've to !helo maueR may be 1000""lItlDd h writing MOi(Ir prasr.:ed In palSO!! ~ Ihe m08t\ng. SHOUlD ANY PERSON DESIRE TO APDE4l ANY DECISION MADE BY THE BOARD. AGENCY Orc COUNCIL. WITH RESPEcT TO AH~ MATTER TO 95 CONSIDERED AT THese IAEETINGS oq HEARINGS. THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS. AND IT WL.L 8E !!!lila RESPONSIBILITY TO ENSURE TtIA.T A VERBATiM RECORD OF THE PROCEEDINGS IS MADE. INCLUDING AlL TESTltroNV AND EVIDENCE UPON WIflCH foNV APPEAL MAY 8E &ASED (F.&. ........ ,. Pleallu call iSS"l 434..ooD8 rot any qU9sm. regartt.:\g Ut8D.boVamaI191$. Ttets I1I8Y bo bCCOSiCIIS When one 01 nlOfe Board, Ag,"q. orCOLil'C .... mblf'wIIpa'llcJpal.by Itlepho.,e. AI tilt abOve lot'I!ion 1h.~ wtll tMI pl.,S,,1 a ,.,.a~w talapnone so ;hal any ltlletelted pelSon eiUI Bllend 1M meedngfU lI1e abOVe IOC:l!on ai'dbo MIV inlcrmedoftho disCUQion5 tiWng ptiCe eIr!\Dr In plt"5Dn or ~y 18Iep!'.cR8 cosn'nunicadon. Two Dr tTIOI"e monlbetc 0' ant Othol Town Cornlll!lleO. Soard. Agency, DI Counoil. Vlho oro nol tIl6mber$ o~ 1h'l bnrd may a'l' .. no U\ia meeting ar,d ~ at d1a! 1i1hO. di~ss ""IElt'OtS 0:'1 which 1oI818OIOIe ac:Jr;n may Ialal De to!Ce'l by their Commll:ee. Boald. Agoncy. Of ColJnc.(. In aecordanea wllh 1M AIR.,""';. WISh OfublJliN Acl oj lB. all J181&OnS wl'Ul al. d1sl!blad and who need ,peelcl act:ornrnodations 10 patliclPIllelR lnI5 PIOCHcfing beClWle oI1h ... diae_ sholM contact Ute TovP'" rJerk. 1954) 434-0008. no bier lhan !Wo bllsinesa dep pUOl1a such prOCOetD'"lIS. If an indI\'id:JAI is hearing or .paaCh Irnpabed. please call (&GO) 955-8771 {V. TOOJ. noted in at least 12 nalJlion ptopl. illlM UniI\'!" Stat.,. "Mis lilt" Ihtrd n",stenm- man cause o( dea1ll in the ('GUnby, Iccordi"llu Ib, Ametican 1.untAmtdlltJOlI. AJ'IhOuSh irls oltenallrd a "Ruok!!r's GtllSe," many p!op1e WilD h,we COPJ) MYel' Slnabd. 'l'Mre Is. no -. to reOJllt with tbe AJ- phR-I defiCiency, the liver lraJlSonddl!stru}'f moJl, or :III, nf the rt0teUlI thaI the bodynlwr to protectlhe lun" from irrihlnts like ci~ttfo smcke. :drJ'Clllu~ don auld Infections. AJpbil-l, whkhcM lib" ~0dUft Um cbm'lIl', b the tnNt"Clrn~ monlnown Sumic ruk faClot (\lr corD Ind b rautd frnm "nl' ahnorm:d Kenc fromc;u:h f'GrcnL orlhl' 12 nllUiLlJI p"vplt diatmt>Jtd wilh ('".orD, up to 3 rerc::ent of thnn mny haVi Alph3-1, a.xonlinglo the AII~I'I-t ft'uuc\alipn. Lime WIU known bylbe tmbhc ormf'mo!RJ comm\W- ty WhfD WnlM, whtl never srucked, and hi. brother, wbu MWbd, sousht treat- menl for their &h:ued,.ymp- toms-RyereaUrrpr, :.ilortnu. of 'breAth IUMl re&pirAflIly rrnhlenv:. The N;tionol InsrJtutcs O[ Ht':Dhh~OAfinntd the W'abbts.· di3JmNb in J9*9 and the pnlr joule. 1M Jl8I!ncy'. sludyon Alpha-I. . WhenthcNlH.ald, ended in 1995, thf NIH d.wtloraJ A protll:ln Shero- Di"f. Wnlllh, ltom in ArlintE- TOWN OF SOUTHWEST RANCHES NOTICE OF COMPREHENSIVE PLAN AMENDMENT n.. ToWfl C~unoiI wilt oonduo1ll Pllblie healing at 7 DO PM on Maloti. 23. 2017 at tI'IO Souh¥oll R .... ches 10M!. Haillol:llfGd Itl \3~DO Qritlin AOllrl'. SQII\hWI1t AancJlao:. FL 33:130 III coM/dcr Uwt loIowing orcfinaqoe on CDC;:''''' raadlrlv. A~ ORDINANCE OF TtiE TOWN OF SOUTHWEST RANCIiES. FLORiDA. APPAOVINB AN UPDATE TO THE T£M.VEA'R WATEIl. SUPPLY' FAClltTIES PlAN ("WS~p') AND ADOPTING ... Irrf IMPI.EIiIENTlNGt "' ... ENOUENT TO lliii BeAll, OBJECTIVES AND POUCIES OF tHE CA,PITAL tMPROVEMENts ELEMENT OF THE TOWN OF SOUTHWEST RANCHES CDU:PREtiENSIVE PLAN. AUJ'HORlZlNB TRANSMITTAL Of" THE W8FP UPDATE AND COMPREHEN81VE' PLAN AMENDMEIIo.'T TO Rt=VIEWlNG AGENCIES: PROVIDING FOA CONnleT. PRO\IIDING FOR SEVERABILITY. AND. PROVIDING fOR ""'EFFECTIVE DATE. (Allpro"od on fi'sl AJUUtIett on t-lOvtrnbllf 10. 2:016) ThO mGohng WIlt b. OFun 10 ""0 plll.lllc and wli to OOnduclCld In IlII:CGrtt-nco with 1110 'iOona/OI'll ')1 nOflda l.v-. Tho prOpDMd ordinance C:OI'IClC'lt'lll QIlKIndmentl ,~ tho 1""1 olt"o ~preho"'n'II:PlDl\sh.'opp~lown-wld •• /I. ClOY al 1M plUPO\IIt,j orcfmenoo IfIIIY I.. iI-·lltllI:* Iq II" ~ulol;.: a' 1M 1O*r. of " ... 'Ih:wul Alln:,wu Ttowll Hh_ ~UIJllll l,glll" bUlIP.4S1 IIOI1'L. c..Il ,g541 .oll4-000i! lor hlOni 1nkIf'tI6allll. COII'I""!!'018 olIl.PW' "'tlre~ lInrtt !!'1aIM: I:: tflt58 ~"foI':'IIlIlI"Ybtt.llt>rnittP.l,,,,,",~i·Uftl't4lUI""f'le:ii""'''DlI 1'1111., IJIt«ir.g. ~ULO A.NY PfR&O~1 DESIRE 10 AmAL /4Hf OEClSlCN UAOE' BY fHf eOAq(J. AGliSCY on COU~CJ; VIi1H RE'SPECT TC# ANt MATTER TC BE comlDEREO AT JHESE MEETltUl~ OR HtARINGS lHAT Pr.RSON WIll NEm -. RECORD CF THE PHOCEEDINQ~. Af~D n WILt BE JJ:iEl9 ~ TO EtalURE THAT A "ERMllIA RECORD OF Oli£ PFiOCE£~11'lGS r. MADE. INtWO!loIG AlL l[Sll1'.'IJI'I\" AN;) EVliJf;I..ct: WI(lIl W1t~.It ft,N't l\I'I'cl\_ tJAV BE 9A.o;EO IF.i 2'UtOSj. Pk.1I'l Lilli (054) ,,34.oooa 101 .Jty Q;l's(iCl"'raaIW"" III,.IIQ\OI lIlal:.J,!. lf1trto Ill"" III accdSb", ,,".oil on, 01 rorot Boacd. Aq,,,,,"'\., (or Ca:l;ncII ".Gmt-en; wlI ,,1UIIcl~ loy :1'N-r.'IOn.. III llut IIlI4Voo lD~hO~. ItIore wD lot $lruerl M clltllur t~III .. t;Ojl" nltll!1. I'l'.y !ftw:CD;Cd"0I.n""''1 .. tll:MIhcI!l~''''lltioaftlIO\l6koca1icon iI~tae'uOotll,rc.l-lIerJDllllO:cfilCUUlColISUI«lIJ,,"IloIO!llIV:UI ,"IIOJ' or L\' It"~hrr. com .I'J'II-:aliOf'I. Two 0I11nt11 ""mba" =.1 Dny olh.,1GWII ec.,,,~dllila. 8",a..,.A~. N Co\;fIQI wtso .""ol'nII',IIlof'(tllh;'r.oud 'PlY a1el\dtftH:lI'I'MIing andnaar 1It\rta1 tlmt.cf~s 1II1II''''' (tn~fo·tteeflb!6 acbcn may IaIltl"bIt"UI,Il~I",,.Go'IU!lII:we.lk.otd,AvoInc:y,o·COIondl 1:-iIf!f".c"derN WIPI lha Anlttiea,.,. ~'I Oiaattal.llll hi III 1990. l1li PO:",,,,, l'IIho II~ .Jlli1I~:o1 Ia/'Id wt.o nmt .IIC~ .l:l'OIn·""atalillln,I;:J·I,I"iua.,l\lhl'lIHO!:f.d&1!gl,.er.IoSflol lto3l dlIab • .ay cb"o4/Irr :onIILI Ihl TCIWfII Cktt. rKt$) 434-0008. 0: bttr IIIIm 1_ bllsInwI 'lV" »fll'~ Ie 8ln:o" OIOCIot-il-:.,S. II en iI1dlvldllDl ia Mr.!'irou ttl sa9Kl". "'1&):11121:1. rlaD., COlI (6001 1155-11n11Y-TDD). RI.'Utd ""IU~ ~lDlIlllwn A!tI"llc\illI.1I.I" 1DW1'1 Clark Jolin Walsh. piclwed in hiJ, Coconut GrOlle office in 200S. fo\mded sWtral South F10nda organizations to fight run. d ... -. ~n:~~n:!~~-~OPD Foundation. ton, Murou:huseu., bud 1'IecnlivintEinMil'llnifnrfWtl VrarJforitsdull!lle. While :IIlt",ndiD, ; SUPPOrt JroUJI in Wed Palm flelKh, he tmsd monc)'tnproduceElCO &hott pzovid~d infomlatioo . n\\Alplm-l. . Hf W1.sdetermil1ed to do mUfe.11m' JIn'lI! ~ilrl Walsh Atld IWC'o (.Unw AI- phAs, as aMy ('IUed them- sciYeI,tiunn S\ftD]ry and Sandv Idnn),. creatfd tht Alpl!::r.-l found:ldon in Co- conut Gnnrc.IuIJowN bJ' AlphDNet, A dfl;toAt :\nd hullh lIImnt!.tmeDl l'Ompa· ny that provMrs suv.iccs rw: Jll!:ClrJe wjth tht deficic"",.. 'I'hf nonprofi1squicldy n(lt,risbd\\'i1btp'llnl~ ml'ltchiultfwi4s, adwtc:IIICY and mf1ut~, leadlRglO Il"M;U'l:hcelUert nallon- wille, ineludinft :t.tliotvN'd. .. pRe therapy pro8f:a. for 1M lungnnJ;livelliol Um-. ve'Mty nf flnrlrb 1'1111' Uni- versltr ufCa1ifomaa .1S=, Dlegu, and II,tl AJpllJ.-l reub- trylltthe Mtdtr:ttl Uru- \'lIrstty It Sou1h Carolina. 'Ibl!TlClnpttlfll,:aJspm.ve tl'llIedmillil'hsfmrcr.cllrch. "OUrmirdoliuloput ourselves out01 bus!.MIS,· W:\tsh laid the MIl\mi fin· aid in 200$. "w" waDI 10 me Alph."\·J." MIAMI "John \lIN n fnrmer Anny ltan .. ,. Thoushhnlllls afrufd of helJbI~ hit VOiwl- Ietn!d for Aitltomt-SchNtl md brL1U1\t .. par.woper. III!QII~ pnrar:tdilt '\Uupins out of plan!1 iJ a reqWred skiJl for a rlll1ger. 'Ib:!.t sholdd tl'Uyotlalot ablnd IhtS1renjtthofhJr:mll'· actet. wUJ ilUld c::ommJtment to mia;sion." sRid Martia ltitd'li., lb.AlpluI-l Faull- d:llJon', chief operating offiCe!. "lohnhad loot astnnu:h- ing powtr that people ret when they have hlJh t'lltrgy and ~au f(lf IPlmthinjt and a willingness to de\'ule thdrlire Ie ii, ao CI1UpbelJ f:.td. "Htw;:t,.l:trtintrram a tiny Jlilbl!ntbast. Hebftd ntl JIOWl:rbaK'. Sfartl'd'with nttJe f'llnrbntt-J!nt he tal1jli the cote IltgmiDtiOI\ of dar AIphl-l wurld and Ihl!D the rart faunclfstionnflhc COrD world Th.t's an l8lonlth!ns number of n~hil'\'tmt"~ In II bldt over 20years.1I walsh Is ,W'\'lved by his wife Dinne, dauJhb::t Utllb, fIl'lUJClcIaugbte: LOy, h1s bro1htl !'r!!tl, and listen SUJ:ln Ferro Dnd Judy wabh. Thr: family pl=u a priv~te cclehrarinn cr.lifc. Hl1J'm'dCmltm lO.:O-.476·.1ISU'. (ltHlIIJ'tIrdCoIrt" DCF lawyers not in contempt, judge finds IY 0\II.01.Jl.\lUI1N "Ut.1."tR r_lIiIlQl'II'_,flmtll,_ A Miami ,udle has ruled Ihal slltr duld wtlfall' I:aWY''''''tftl not in con· tempe of c01:ln when they CD¥t htrerronf'ous in- form311on about a girl LVJu, warbllhe'lIDl: bomeiUA rU$I~'r liblint; who bOIllc-U hanel' -while hvt'treftlD- InlcmF'Ac::eltook. MlalOl Clrnail Ju4S'-' Mom s.m"'''!ro·I ....... wbo hrad, the arC1lit'1 thlld YI't'lfzfC division, hl"lol "hetting earn.r !hi. ""'eelc 10 dt.leJmine wMlher the D~'V.llUUl:11l uf Cll.i)dNn at Families' ChildRn', LegAl SeMfU hid been in COIl~ IrDIPI of Q)wt \yhcn I;w- JC!rs psovided her infonn,- tion.lbat 1M juclp htlieved tobffalk. The informatian rcr· hlinud to thr idt!nlily ot I¥I\)tntltwho wt.tl·Jivinp:iu the sumt M1:tmi G:wden. Cost" lunu" OJ 14-ycar~d Naikc Vl:hllllt, who bana;o!d hetSl!lf on Facehook Live. AIW heaM, Wt'dnc1da!o'. CI.$ bwycn hllblfd lh., m~e ,. mis~ I:lke mldf'nllf"iIlJOhe of lh.-girls,bullu1dllOin· rendol! of DlldcadillS t". judge. In it ahort urd .. or IlplI·"! Friday, Sa1tLrecko.llleai. r:!~ ~r:h~·:n;:r.::t\·- l:iwyc:r .in Miami, CluiP. Cabtf'iO. MIt npl goUIy of ludirt!c::J dvU conlempt. "Ba.Nd on the eyidelK'e prr:senlcd tLllhe headns, th,' curtetl Infonwnion hWi been teceivcd 11)" the court," Slmpt!dJ'o-IJlcsln MMe."U\t eVi..irnc:'· ·fllrthfrirla.eafl!.tbatmja tiler CLS nor CabN,a: wW· fully faUn! 10 rC"tlJlply" 'with an Older Samptdro-lflesb liptd Olt Ff'b 22. CITY OF SOUTII MIAMI COURTK'iY NOTJCF. NOTICIi' L": IU!:JI!1l' po-In ~"'111Io: OIly r..-u,* 01 Ih: 01)' of ~ • ..m \11:0'1'11. AOIIlt.. 110m r • .o\j!'1I'1 1' ....... U.win.&(ljaUllftlp.'-C'tn (:c.r"ll\l:.nO'ltn .. r'I~ ,,·M-dtlbfrC'O'·rllL'..b) J.1a1'r.fI.?1 ~'Ii.ll:rina,.-.;., 1:001" rr.. i:llh.: Cn, t. 11II\1I'"""(;tprn.V.~ r·IV1$t.1\"'I:,I)rin.It'~ ... r.~.""" lilt "n'~"m('l: ... EARN $380 • $1,000 OR MORE A WEEK! +-( A k.·"""~",,, 1Io111111'OlII!f .I!t():r J,b,,~1IC' Mer.lI'· lullo :omuD;.:r."" flfltia.·l.roth. H.\C(','I'OUIIoIIt\ 11\1 J,1.U11II ~111:.""rrb\s. ",,'. ~RS 1'~1Ilo."'e"'IJ. )11', ~ ~l.1r/fICC· 1111 ~I tu~n",ni:l& stl\'''~' ) 1III.cD/I.o..rJ..oJh,nll. "n {",IjIl.'IIo-': )_""~ lilt 1.110'" Ikotl¥"., .... ('~ Am:'" II. "Dtl •• ~; .. n' \;c~! ... :!<~: .1. ·1Jrtvnr ........... '" .I\Ire-lt III. 7..,.l!II:ltl'"IbriI,q .... !Wn._ :'C~\."I1) Pel~ l'U'!i;.bnI..olt·· 1I;fOo1:n-'4'I!1 ·~"QlLcprt~I"III" :.1tIitI;"",...-.;u..'DIJ.I!r;W~,:"'M.. • ..lIIdII*U""(·,:nI.'fC .o:J ..... o1ooCrnr okh:lIIM1S ..-1:0100: ... :."" ~II"'~ 11111 utt4il!wn; fit' .,,~ .... &O: McillPlM C::nlU':1\ II:~ {-II> •• , S"",IIAh~" .. • Sell SUbSCriptions at retail & community avents • Make your own schedule .. Work outdoors a Independently • Commission base-. aggress1ve and competitfve pay • Must have transportation a insurance • Orientation provided .. No experf&nce nacesrary R~ill1lli1irrnl~ m:DlIllVMI "" CI,.1Ua;:m.o: "_linlli;~I1.'" 11J :.' ,'t Ik lin .'1 ~ M_ l-.J U:~I~ eM "l..-a&l"if·.-trn:t""':'''f·I~I)1tt..rIt:I""""" .... tI:. .. t!s,..wu,n:''''..II~.,5::',, .. :'!"o'''iD.1 ::>oJ~;"I,..r. .'fI.l I~ f.'I.I:r."."~ ~IINIIo."'\IIc • ..r t.:1I1 .... } ~1'I. ~"Ita ~J'!':.n.J Ittlllllr "V1 M\J S"fd1"a1r.lrlllIir~II.""'~ A" u,J:"", ... fII,lI1IJII,,:," nU1l1,., 1 Art ........ !<nil ... :.1.1 ,.11110 ('oW .. ' u.oltlwl"·U I.' .... ·.1 """'.:.,,,a 1M......, '''' U'" !'\IIp'.", .. 1 1'l,"',..h1..':. ",.'l.o:<IlIIf /., .. ..,.. •• ,~ .. ; 1110: &.'14h ).1:1:,,:( ~'~I1I''''njtj ........... ·j.,;tI.~,\ ... "'.)I .... Io .... , 0\1.1. onIt"I~)I"lr.nio. • ...r .. lntn .. JI .... II<f111 ... II .. ru".l~",.L ]'1.lr,V'lI"-:InI"I'fnIOI"I\.\./!'II •• · •• oJII ... ,I..'Io·f~l.f('].I\·.O:r.:,. ... fCt'..t.(oU'.· ... :. "., ... J.I l ....... I1 .... , (:.\It· r~,,>.'" ~XHgl!gTM ~ROIF~SSBOINIA.l SERVH(:fS AG~E~IMI~INl'f I4lPtrO{/'eSSDOllUzU GellUetra1U ~lIUgili1eerilRl and Al1'ChitectfL8&"Z9 $en'ice$u ~fQ WW2@ I ~all ?)\ -\\1-t'\ i'I:~(.;~ n THIS AGREEMENT made and entered into this ~ day of BeCemBer-, 20:1:9.. by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and EAC Consulting, Inc. who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSUL TANr). 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 I. i 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 AGRIEEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager. or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the follOWing methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT . . 4.1 A fIXed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by th.e 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 A ITA CHM If NT A: 4.2 Hourly rate fee: If there Is no fixed sum or if additional work is requested without an agreement as to a fixed sum. the CITY agrees to pay. and the CONSULTANT agrees to accept. for the services rendered pursuant to this AGREEMENT. fees in accordance with the hourly rates that shall include all Thomas F. Pepe 1011]12016 Page 510166 87 EXHBSDT#6 PROIP~SSgONAL SERVOCE AGREEMENT "Professional General IEngineering and Architectural Services" RFQ #PWl@l6-ll ? \ ~-\-tI\ Ita.c.~ n THIS AGREEMENT made and entered into this !Stk day of Becemher-. 201& by and between the City of South Miami. a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (~erelnafter referred to as CITY or City Manager) and HAC Consulting, Inc. who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULT ANT"). 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 I. i A Notice to Proceed will be Issued by the City Manager. or his designee. fo"owlng 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 upc;m written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as descrjbed 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 th,e 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 AnrACHMENT 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 punuant to this AGREEMENT. fees in accordance with the hourly rates that shall include all n-nas F. Papa 1011312016 Page 51 of 66 wages. benefits. overhead and profit and that shall be in writing. signed by the CONSULTANT and the Cot)' Manager and attached hereto as ATTACHMENT tAo 5.0 Payment and Partial Payments. The C~TY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or. if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANTs invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative. who shall decide all questions. difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character. quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final. conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSlUl TANT does not concur in the judgment of the representative as to any decisions made by him. CONSULTANT shall present his written objection:uo the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREIEMIENT at any time during the executilOn IOf the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are en 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 facaial unit costs. All such contract adjustments must be made within one year following the end of the contract. ]0.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion. allow the CONSULTANT to assign its duties. obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens. such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies ~ any sub-CONSULTANTs used by the CONSUlTAN.T as well. The CITY reserves the right at its discretion, but does not assume the obligation. Thounas IF. lJI'epe 1011312016 Pagano'''· 88 wages. benefits. overhead and profit and that shall be in writing. signed by the CONSULTANT and the Coty Manager and attached heretc as ATTACHMENT Ji\. 5.0 Payment and Partial Payments. The C~TY will make monthly payments or partial payments to the CONSULTANT fer aU autherized WORK perfermed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or. if nc schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days follewing the receipt of CONSULTANTs invoice as the work pregresses but enly 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 tc the satisfaction of the CITY's representative. who shall decide all questions. difficulties and disputes ef whatever nature which may arise under er by reason of this AGREEMENT, the prosecutien and fulfillment of the services, and the character, quality, ameunt and value. The representative's decisions upen all claims, questions. and disputes shail be final. conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. ~n the event that the CONSlUl TAN,. does net 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 purpcse of this AGREEMENT shall become the property of the CITY without restriction cr limitation. 8.0 Audit Rights. The CITY reserves the right te audit the recerds of the CONSULTANT related te this AGREEMENT at any time during the execution of the WORK and fer a period of one year after final payment is made. This provision is applicable enly te prejects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the centract ameunt exceeds the threshold amount previded in s. 287.017 for category feur. the CONSULTANT shall execute a truth-In-negetiatien certificate stating that wage rates and ether factual unit costs supporting the cempensatien are accurate, cemplete. and current at the time of centracting. In such event, the eriginal contract price and any additiens thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due te inaccurate. incemplete. er nencurrent wage rates and other facaial unit cests. All such centract adjustments must be made within ene year fellewing the end ef the centract. ] 0.0 Subletting. The CONSULTANT shall net assign or transfer its rights under this AGREEMENT without the express written consent ef the CITY. The CITY will not unreasenably withheld andler delay its consent te the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion. allew the CONSULTANT to assign its duties. ebligations and responsibilities previded the assignee meets all of the CITY's requirements te the CITY's SOlie satisfactien. The CONSULTANT shall net subcentract this AGREEMENT er any of the services to be previded by it without prier written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenferceable 11.0 Unauthorized Aliens: The empleyment ef unauthorized aliens by the CONSULTANT is censidered a vielatien ef Federal Law. If the CONSULTANT knowingly empleys unautherized aliens. such violation shall be cause fer unilateral cancellation ef this AGREEMENT. this applies ~ any sub-CONSULTANTs used by the CONSUlTAN.T as well. The CITY reserves the right at its discretion. but does not assume the obligatien. Thounas IF. lJI'epe 1011312016 Pagano'''- 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 .. ] 2.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee. commission, percentage fee. gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the ' CONSULTANT up to the time of termination. Upon termination. the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuanCE! of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 elIays advanced notice to the CONSULTANT. However. in no event shall the term exceed fIVe (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such profeSSional services not completed. the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof. each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in AITACHMfE.NT 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 Thomas F. Pepe 1011311016 Page Sl of 6Ci 89 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 .. ] 2.0 Warranty. The CONSUL TAINT warrants that it has not employed or retained any company or person. other than a bona fide employee working solely for the CONSU L TANT. 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 ' CONSUL TAINT up to the time of termination. Upon termination. the CITY shall be entided to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term. which includes all authorized renewals. or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuanc~ of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However. in no event shall the term exceed fIVe (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSUL TAINT shall not be entided 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 ATrACHMENir 8 to this AGREEMENT. 17.0 Agreement Not Excluslye. 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. I 33(3) (a), as required by the CITY's solicitation, if any, applicable to this Thomas F. Pape 1011311016 Page 53 of 66 AGREEMENT. 19.0 Iiul. 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 Dryg Free Workplace. CONSULTANT shall comply with CITY's Drug IFree 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 an 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 Wcenses 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. shialll not be modified lOr amended by acts or emissions ef the parties. If this AGREEMENT was appreved by written reselutien of the City Commission. lOr if slIIch appreval is required by ordinance lOr the City Charter. no amendment.te this AGREEMENT shall be valid unless appreved by written resolutien ef the City Commission. 25.0 lury Trial. CITY and CONSULTANT knewingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Ceurt proceedings in respect to any actien. proceeding. lawsuit lOr ceunterclaim arising lOut of . this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Cepies. This AGREEMENT may be executed in several counterparts. each ef which shall be censtrued as an original. 27.0 Rules of Interpretation: Througheut 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 werds substituted for singular wherever applicable. 28.0 Severability. If any term lOr prevision of this AGREEMENT or the applicatien thereef te any person lOr circumstance shall. to any extent, Ibe invalid or unenforceable. the remainder of this AGREEMENT. lOr the application of such term or provision te persens or circumstances ether than these te which it is held invalid lOr unenforceable. shall net be affected thereby and each and every ether term and provisien ef this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and ebligatlens imposed by the centrract decuments. if any. and the rights and remedies available hereunder. and. In particular but witheut Iimitatien. the warranties. guarantees and ebligatiens imposed upen CONSULTANT by the Centract Decuments. if any. and this· AGREEMENT and the rights and remedies available to the CITY hereunder. shall be in additien te. and shall not be constru~ in any way as a limitation of. any rights and remedies available at law lOr in equity. by special guarantee or by other provisiens of the Contract Documents. if any. or this AGREEMENT. In order te entide any party te exercise any remedy reserved to it in this Thomas F. Pepe 1011312016 Page 54 of 66 90 AGREEMENT. 19.0~. 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 Dryg 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 an 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 Ueenses 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 Jury Trial. CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding. lawsuit or counterclaim arising out of . this AGREEMENT or the performance of the Work thereunder. 26.0 Yalidh;y of Executed Copies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall. to any extent, Ibe invalid or unenforceable, the remainder of this AGREEMENT. or the application of sueh 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 constru~ 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 entide any party to exercise any remedy reserved to it in this Thomas F. Pepe 1011312016 Page 54 of 66 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.lNo 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-Walyer. CITY and CONSULTANT agree that no failure to exercise and no delay in exerciSing any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT. in whole or part, including the provisions of this paragraph. may be Implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term. condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal !Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed. color. ethnicity. national origin. religion. age, sex, familial status, marital status. ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental reqUirements and regulations, Including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Goyemjol Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto. and approved by the City Commission if such approval is required by City's Chaner, 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 Pan;,y Beneficiary. It is specificaUy 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 th~ benefit of or be enforceable by Thomas F. Papa 1011312016 Page 55 of" 91 AGREEMENT. or existing in law or in equity, it shall not be necessary to give notke, 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 remedBes, 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. 1N0 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 amy term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and EQual Employment: No action shall be taken by the CONSULTANT. nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed. cofor, ethnicity, national origin, religion, age, sex. familial status, mar ita! status, ethnicity, sexual orientation or physical or menta! 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 dlo work for the CITY are expected to comply with ail 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 C!TY. that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Goyerning Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida. with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County. Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Chaner, 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 part,y Beneficiary. It is specificaUy 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 Thomas f. Pepe 1011312016 Page $5 of ~6 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 net be construed more strongly against either party hereto, regardless cf who was more respcnsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default ef its failure te perform its ebligations under this AGREEMENT if caused by acts of God, civil cemmotion, strikes. laber 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 Subcontractin~ If allowed by this AGREEMENT. the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractcrsisubconslUltants as it is for the acts and omissions of people directly employed by it. All subcontraaorsislIIbconsultants and their agreements, if allowed by this AGREEMENT. must be approved by the CiTY. The CONSULTANT shzll require each subcontractor, who is approved by the CITY. to agree in the subcontract to observe and be bound by all obligatiens and conditions of this AGREIEMIENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (sol 19.0701) while providing gcods and/or services on behalf of the C~TY and the CONSUL TAINT, under such conditions, shall incorporate this paragraph in all of its subcontracts fer this Project. Under such conditien, 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 previded in this chapter or as otherwise provided by law; {c) iEnsure 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 recerds 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 centractor 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 ef public records, in a format that is compatible with the information technology systems of the public agency. HIP TIHII§ eONiifPU\\C:ir@~ fHlA$ ~lUIlE$iiHOINI$ IftI§GA~IQ)BINIG ''If'HI§ APPU<CAl'OOlNl Of CIHAf>TE~ 0 I~p IFlOfROIij)A $TATlYT!E~p TO THte C:OINIT!iUl\CT©R'S 1I)1Y11f TO ~ml©VO/o)1E I¥'lUJlml!..O<C 1Rl1E<601ltK)~ R~ll...6l\TOINIG TO THUS CONTMCif'p C©rNlTA<6T TH~ CYST©IQ)UAINl OfF PYlalLOC RlEC©~D~ AT jJ@§ .. '63 .. ~34@; E .. mafiB: mm6fl'il@lfl'ild6X@$OOlltil'ilmo21mfifll.pw; ri 0 3@ $1lJ.Ifl'ilset rome, $CllI.Itin Miamu, Fllj! a~31. 41.0 Notices. Whenever notice shall be ·required or permitted herein. it shall be Thomas F. Pepa 1011 lII101 6 Page 56 of 66 92 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 Subcontract!n~ If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractorslsubconsultants as it is for the acts and omissions of people directly employed by it. All subcontraaorslslllhconsuitants and their agreements, if allowed! by this AGREEMENT. must be approved by the C~TY. 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 andlor 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. DIP THE C:ON"If'MC:T@~ G=lIAS ~lUl~~ii80INlS IRIEGARIDIBh\II@ THE AIPIPILUCATOOIN Of CIHAPTIEIlt D.', FLORIDA STATUTES, 1'10 THE C:CINITIiU\CTOR'S DUn T@ fPml@VOIO>IE IPlUIr!\I!..OC ~fEC:@IR\I!)S ~ELA TOINIG TO THg~ CONTRACT, CONTACT THE CIUISTODOAINl OF PIUIIIUC ~IECO~DS A. T 3l@5 .. ~'3 .. '34@; lE .. maDB: mIl'illlQ!lfl'il8ndex@§clI8tltomoamitll.pv; 'B J@ SIIIJD1l§et Dme, SCIIIJ¢h !Miiaml, F!!.. 33 043. 41.0 Notices. Whenever notice shall be . required or permitted herein, It shall be 1'DIomas F. Papa 1011312016 Page§6 of 66 delivered by hand delivery. a-maii (or similar electronic transmission). facsimile transmission or certified mali. 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. of 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: Woth copies to: To CONSULTANT: City Manager. 6 ~ 30 Sunset Dr. South Miami. fl 33143 Tel: (305) 66aalS iO fax: (lOS) 663-6345 IE-mail: salexander@sOlJJthmiamifl.gov City Attorney (, ~ 30 Sunset Dr. South Miami, fl 33143 Tel: (305) 667a15M fax: (305) 341-0.5~4 E-man: tpepe@southmiamifl.gov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and! its representative have, and have exercised. the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. DIN! WOTINl~$$ WlHlrg~~OF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATT I8Y{--r,.!-,,--=~.=.....;;.~~~~~ Thomas F. Pape 0011312016 COINI$RIIJt~ By: -~~~.--~ .. ---- Michael Adeife. P .E. (~ove) City == Miami By. ~~~ _______________________________________________________ ..... ./ Steven Alexander /' City Manager Page 57 of" 93 delivered by hand delivery. a-maii (or similar electronic transmission). facsimile transmission or certified mali. 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. of 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: Woth copies to: To CONSULTANT: City Manager. 6 ~ 30 Sunset Dr. South Miami. fl 33143 Tel: (305) 66aalS iO fax: (lOS) 663-6345 IE-mail: salexander@sOlJJthmiamifl.gov City Attorney (, ~ 30 Sunset Dr. South Miami, fl 33143 Tel: (305) 667a15M fax: (305) 341-0.5~4 E-man: tpepe@southmiamifl.gov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and! its representative have, and have exercised. the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. DIN! WOTINl~$$ WlHlrg~~OF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATT IBY:(-rl~:::r'--';;;""';;;'~~~~~ Thomas F. Pape 00183112016 COINI$RIIJt~ By: -~~~.--~ .. ---- Michael Adeife. P .E. (~ove) City == Miami By. ~~~ __________________________________________________ __ ./ Steven Alexander /" City Manager Page §71 of " Read and Approved as to form, language. legalltya'nd Execution thereof: -~~ /,/=) -. h /7::7CZ'-Y"'Cf7~> By:~r V/ Thomas F. lPepe, Esq. City Attorney Thomas IF.Pepe DOID3111014 94 Read and Approved as to Form, language. Leplltyand iExecution thereof: ~, ~ ".----:) By: p-;~ iffr Thomas F. Pepa. Esq. City Attorney Thomas IF. Pep. 1011312016 March 31, 2017 Mr. Steven Kulick, C.P.M Chief Procurement Officer City of South Miami 6130 Sunset Drive South Miami, Flo 33143 Re: City of South Miami Benchmark Wage Rate Summary RFQ #PW2017-22 Dear Mr. Kulick, EAC Consulting, Inc. received the City of South Miami's (City) Benchmark Wage Rate Summary for the above-referenced contract. We understand th~t it is the City's desire to utilize these "Benchmark Rates" for the work that would occur over the term of the agreement. In order to establish our rates, we considered the rates actually paid to the proposed staff listed in our response to the RFQ and utilized a 2.65 multiplier for our revised proposed rates. EAC Consulting respectfully submits this revised counter offer to the benchmark rates provided to us. We trust that you will find these rates acceptable and are available for any questions or subsequent discussions as necessary. Please feel free to call me at (954) 714-2007. Sincerely, EAC Consulting, Inc. ~ I U;-l {J;JJL.-i. -=oori'na Grace, P.E. Project Manager cc. Mike Adeife, P.E. -EAC Consulting, Inc. Attachments: Exhibit A -Compensation rev 2017-03-31 815 NW 57 Avenue, Suite 402 tMiami, FL 33126 DPhone: 305-264-2557 6 Fax: 305-264-8363 fwww.eacconsullcom ~CA# 7011 95 March 31, 2017 Mr. Steven Kulick, C.P.M Chief Procurement Officer City of South Miami 6130 Sunset Drive South Miami, FL. 33143 EAC Consulting, Inc. Re: City of South Miami Benchmark Wage Rate Summary RFQ #PW2017-22 Dear Mr. Kulick, EAC Consulting, Inc. received the City of South Miami's (City) Benchmark Wage Rate Summary for the above-referenced contract. We understand that it is the City's desire to utilize these "Benchmark Rates" for the work that would occur over the term of the agreement. In order to establish our rates, we considered the rates actually paid to the proposed staff listed in our response to the RFQ and utilized a 2.65 multiplier for our revised proposed rates. EAC Consulting respectfully submits this revised counter offer to the benchmark rates provided to us. We trust that you will find these rates acceptable and are available for any questions or subsequent discussions as necessary. Please feel free to call me at (954) 714-2007. Sincerely, EAC Consulting, Inc. ~~, ! /\ / /it, (i \iJ~' ~L-A.-'- =uor;'na Grace, P.E. Project Manager cc. Mike Adeife, P.E. -EAC Consulting, Inc. Attachments: Exhibit A -Compensation rev 2017-03-31 815 NW 57 Avenue, Suite 402 ~ Miami, FL 33126 3 Phone: 305-264-2557 fi Fax: 305-264-8363 [www.eacconsult.com ~ CA # 7011 ATTACHMENT A "COMPENSA 'fION" PROFESSIONAL SERVICE AGREEMENT CITY OF SOUTH MIAMI "Professional General Engineering and Architectural Services" RFQ #PW2016-22 The fees for professional services for the Work shall be in accordance with the following billing rates for EAC Consulting, Inc. and subconsultants. Hourly rates include all wages, benefits, overhead and profit Direct Expenses (Reimbursables) shall include 5% markup Billing Rates shall be subject to yearly escalation of 3.5%. SALARY COSTS Category South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior DesignerlEngineer $90.00 Designer $80.00 Engineer Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 JEAC Consudting, Inc. City of South Mnamn JRJFQ #PW2016-22 lEAC Revised Proposed Homrly BimDl~ Rates $181.46 $179.66 $171.58 $148.22 $134.75 $103.31 $134.75 $103.31 $107.80 $85.34 $75.00 $80.85 $76.36 $80.00 $97.02 $90.73 $134.75 $115.00 $71.86 $85.34 $90.00 $107.80 $76.36 96 ATTACHMENT A "COMPENSATION" PROFlESSIONAL SERVJlCE AGREEMENT CITY OF SOUTH MIAMI "Professional Genend lEngineering and Architectural Services" RFQ #PW2016-22 The fees for professional services for the Work shall be in accordance with the following billing rates for EAC Consulting, Inc. and subconsultants. Hourly rates include all wages, benefits, overhead and profit Direct Expenses (Reimbursables) shall include·5% markup Billing Rates shall be subject to yearly escalation of3.5%. SALARY COSTS Category South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Pf()ject Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior DesignerlEngineer $90.00 Designer $80.00 Engineer Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 EAC Consulting, Inc. City of South Mnamn RFQ #PW2016-22 EAC Revised Proposed Hourk BiIlin2 Rates $181.46 $179.66 $171.58 $148.22 $134.75 $103.31 $134.75 $103.31 $107.80 $85.34 $75.00 $80.85 $76.36 $80.00 $97.02 $90.73 $134.75 $115.00 $71.86 $85.34 $90.00 $107.80 $76.36 SALARY COSTS Category South Miami Benchmark EAC Revised! Proposed Hourly Rate Hourly Billing Rates 2-Man Survey Crew $115.00 $115.00 3-Man Survey Crew $125.00 $125.00 4-Man Survey Crew $135.00 $135.00 Fire Protection Engineer $90.00 $134.75 Plumbing Engineer $90.00 $112.29 Mechanical Engineer $90.00 $112.29 Electrical Engineer $90.00 $143.73 Geotechnical Engineer $120.00 $120.00 Geologist $90.00 $116.78 Environmental Scientist $85.00 $116.78 Senior Administrative Assistant $65.00 $65.00 Clerical $45.00 $45.00 MiCh.~ 3/3112017 Date Senior Vice PlresidellDt EAC Consulting, Inc. City ofSoutftu Miamn RFQ #PW2016-22 97 SALARY COSTS Category South Miami Benchmark EAC Revised! Proposed Hourly Rate Hourly Billing Rates 2-Man Survey Crew $115.00 $115.00 3-Man Survey Crew $125.00 $125.00 4-Man Survey Crew $135.00 $135.00 Fire Protection Engineer $90.00 $134.75 Plumbing Engineer $90.00 $112.29 Mechanical Engineer $90.00 $112.29 Electrical Engineer $90.00 $143.73 Geotechnical Engineer $120.00 $120.00 Geologist $90.00 $116.78 Environmental Scientist $85.00 $116.78 Senior Administrative Assistant $65.00 $65.00 Clerical $45.00 $45.00 MiCh.~ 3/3112017 Date Senior Vice PlresidellDt EAC Consulting, lInc. City of South Miamn RFQ #PW2016-22 ADDENDUM TO fPlROfFlE§S~ONAl SERVICE AGREEMENT "Professional General Enstneerlng and Architectural Services" RFQ #PW2016-22 . The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certlfied Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" Is defined as: o Certified Arrborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Profes al Services Agreements. ~ ~--- By: ____ ~~~/------------- 3/30/2017 (Name of Signatory) Read and Approved as to Form, language, legality and Execution thereof: By: _ ~~~::~;?<"-71:;:;~-::" Thomas F. Pepe, City Attorney 98 ~ . . Sou~I~iami 'Ii, c ""(\, f'(f.\".\N1 U\'IN(: ADDENDUM TO PROIFESSIONAL SERVICE AGREEMENT "Professional General Ensfneerln, and Architectural Services" RFQ "PW2016-22 . The Oty 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 "Certlfied Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" is defined as: o Certified Arborlst SeNices: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection oftrees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Profe al Services Agreements~. _ o of South Miami ----~-.-~---. By: _______ -=~-------------------------------- 3/30/2017 (Name of Signatory) Read and Approved as to Form, Language, Thomas F. Pepe, City Attorney ATTACHMENT B ~NSURANCtE & 9NDEMINl~IF~CATgON IREQUDRIEMIENT§ IP'IROIFIESSDONAIL SIERVDCIE AGRIEEMENT "!Professional General Engineering and Architectural Services" IRIFQ #PW20 16-22 1.0 I 0 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 I I Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY . (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 1011312016 Page 60 of 66 99 ATTACHMENT B INSURANCE &: BNDEMNRFUCATIOINl RIEQUDRIEMfENiTS PROFIESSIONAI!. SERVBCE AGRIEEMENT "Professional General Engineering and Architectural Services" RFQ #PW20 16-22 1.0 JO Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use reSUlting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 I I Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY ·(or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 1011]/2016 Page 60 of 66 In addition, the policies must include: Employers' liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.0 I 3 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $ I ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: o Personal Injury: $1,000,000; o Medical Insurance: $5,000 per person; o Property Damage: $500,000 each occurrence; 1.0 I 4 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount'of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) ExplOSion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage liability. 1.015 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability poliCY, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, incJuding 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 Thomas F. Pepe 10113/2016 Page 61 of 66 100 In addition, the policies must include: Employers' liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.013 Commercial Comprehensive General liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: o Personal Injury: $1,000,000; o Medical Insurance: $5,000 per person; o Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount·of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) ExploSion, Collapse and Underground Hazard Coverage ( e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage liability. 1.0 15 Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Thomas F. Pepe 10113/2016 Page 61 of 66 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10113/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 101 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. G. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. H. The poliCies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, ifone is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 1011312016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Undemll1luifkation Requirement G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property ariSing out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10113/2016 Page 63 of66 102 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Ondlemll1lofoc:ation Requirement G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation. mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property ariSing out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers. directors, agents. representatives. employees. or assigns. or anyone acting through or on behalf of any of them. arising out of this Agreement. incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims. losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10113/2016 Page 63 of66 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval wi" 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 we" as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 103 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval wi" 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 we" as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 IEXHlH~DT~ IPROFESSUONAL SERVDCE AGREEMENT Ulfilrof'esslol/lll1D Gel'llerall EnglneeU'lng and Architectural Services·' IRFQ 98PW2G B(I)ala THIS AGREEMENT made and entered into this ~ ~ay of tl\ M~ t~ • 20\1 by and between the City of South Miami, a municipal corporation (hereinaitar referred to as Owner or CITY) by and through Its City Manager (herelnaitar referred to as CITY 011" City Manager) and V\ 1\<5.>-\ !-l \7l4,G \ N. €i§.\?\i:¥1 who is authorized to de business in the State of Aorida. (hereinafter referred to as the "CONSUL TANT R). In consideration of the premises and the mutual covenants clOntalned in this AGREEMENT. the parties agree to the fellewing terms and conditiens: 1.0 General Provisions 1.1 A Notice to Proceed will be Issued by the' City Manager. or his designee. following the silning of this AGREEMENT. This AGREEMENT dlOes nct confer on the CONSULTANT any exclusive rights to perform work on behalf of the Ownell" 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 tc guarantee wOrk fer the CONSUl!.. TANT. 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 Dlthe CONSUILTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice te Proceed. 3.0 Time for Completion 3.1 The sel'Yices to be rendered by the CONSULTANT fer any WORK shall be commenced upon rGlCeipt IOf a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set ferth . in the Notice to Proceed lOr other decument 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 werk or should any other events beyond the comrol 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 lOr 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 upen 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 ATTACHM£NT A: 4.2 Heurly 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 tc accept, fer the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Thomas P. Pepe 10113/2016 Page 51 of 66 135 104 EXH IBBiT' #6 \jiJROFIES$OCIi\9AL SIERWOCE A@Iru!IEMlIEINIT uPlI"ofi'esslorrnaD @eli'!ltall'lBll EmllirneeD'lng alIIiIai AlJ'l.tlliltedUll"lIll ~e"lc<esJP RIFQ #IPWlO86 a 22 THIS AGREEMENT made and! entered into this ~ .day of t'\ I\q t\,\ • 20\\ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY OD"' City Manager) and )1\1\3:--\ ~ ~Nt4\N.€t\?\AA who Is authorlxed to do business in the State of florida, (hereinafter referred to as the "CONSULTANT R). 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 Norlce 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 OwneD"' other than the work described In one Oil' more Notice itO Proceed (herelnaftell" referred to as the "WORK"), noll' 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 AGR.EEMENT prompdy after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set (oab in the SCOR~ 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 fulfillnnl its part of the AGREEMENT, change of scope of work or should aBly other events beyond the cona-ol 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 ATTACHME.NT A: 4.2 Hourly rate fee; If there is no fbced sum or if additional work is requested without an agreement as to a fixed sum, the C8TY 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 aU Thomas P. 'epe 10113/2116 Page 510166 135 wages, benefits, overhead and profit and that shalB be in writing. signed by the CONSULTANT and the City Manager anc!! attached hereto as Arr~CHME~T A. 5.0 payment and Partial payments. The CITY will make monthly payments or partiaU 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 ATfACHM£NT A or, if no schedule of paymell1lt exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but onBy for the work actualBy performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall «fetld/e aU questions, difficulties and disputes of whatever n2lture which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the servlees, and the ch2lracter, quality, amount and value. The representative's deciSions upon all cl2Iims. questions, and disputes shall be final, conclusive amd binding upon the parties unless such determination is clearBy arbitrary or unreasonable. ~n the event that the CONSULTANT does not concur in the judgment of the representative as to mny 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 Document:;$. Ali reports and reproducible plans. and other d2lt:a developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rilhts. The CITY reserve!S 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 fjna~ payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truthain Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four. the CONSULTANT shall execute a truthainanegotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of conncdng. 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, incomplef!e. 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 andlor delay its consent to the assignment of the CONSULTANT's rights. The CITY may. in its sole discretion, allow the CONSULTANT to assign its dudes, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthgrlzed 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, TDlomas F. Pe~ 80/13/1016 Page 51 of" 136 105 I j wages, benefits, overhead and profit and that shalB be in writing. signed by the CONSULTANT and the City Manapr and attached hereto as Arr~CHMEINJT 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 .til TTACHM£NT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work prolresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall deck:!le all questions, difficulties and disputes of whateverr 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 represemawe's deciSions upon all cl2Ilms, 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 mny decisions made by him. CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the at)' Manager. 7.0 Ownership of Docurneru:s. All repoll"tS and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY wlltholUt restriction or limitation. S.O Audit Ri&hcs. 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 finaO payment is made. This provision is applicable only to projects that are on a time and cost buis. 9.0 TrutiJain Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 fOtr category four, the CONSULTANT shall execute a truthalnanegotiation certiftcate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of connedng. In such event, the orilinal 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 adlustments must be made within one year following the end of the contract. 10.0 Sublettin" The CONSULTANT shall nOfc 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 CITY's reqUirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by It without prior written consent of the CITY. Any assignment or subcontracting In violation hereof shall be void and unenforceable 11.0 UnauthQrized AJlens: 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. Domas F. Pe,. 10113/2016 Pap 51 of 66 138 to require proof of valid citizenship or. il1l the alternative. proog of a valid green card for each person employed in the performance of work all" providing the goods and/or services for all" on behalf of the CITY including pelrSons employed by any independent contractor. By reserving this right. the CITY does mot assume any Obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed all" retained any company all" person, other th~n 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 sale 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 entided to a refund of any monies paid for any period of time for which no work wens performed. 14.0 bim. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals. all" 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 C~TY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However. in no event shall the term exceed fIVe (5) years following the issuance of the Notice to Proceed. 15.0 Default. in the event either party fails to comply with the provisions of this AGREEMENT. the aggrieved party may dedare 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 ATTACHM£NT B. to this AGREEMENT. 17.0 Agreement Not Excluslye. 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) punuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Thomas 11'. P4!pe 1011312016 Page 53 of 66 137 106 to require proof of valid citizenship or. in the alternative. proog 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 Indudin, penons 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 andlor regulations. . 12.0 Warl'!lNy. The CONSULTANT warrants that it has not employed or retained any company or person, other th~n 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 wld10ut 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 eldler 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 termlnztlon. Upon terminadon, the CITY shall be entlded to a refund of any monies paid for any period of time for which no work was performed. 14.0 Imn. This AGREEMENT shall remain in fcrcEi until the end of die term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement Is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However. in no event shall the term exceed fIVe (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party falls to comply with the provisions of this AGREEMENT. the aggrieved [party may decDare 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 dam.es. 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. ]6.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Bnsunnce and Indemnification requirements that are set forth In ATTACHMENT Ill. to this AGREEMENT. 17.0 Agreement Not Excluslye. 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 qrees 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 solldcation, if any. applicable to this TIIom~ P. 'epe 1011312016 Page 53 of 66 137 AGREEMENT. 19.0.I.ml. CONSULTANT shall be responsible for payment of ail federml, state, anell/or local taxes related to the Work, inclusive of sales tax if applicable • . 20.0 on" Free Workplace. CONSULTANT shall comply with CITY's Drug Free WorkpBace 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 aarees to provide Its services during ~he eeli'm of this AGREEMENT in accordance with all applicable laws, rules. regulations. and health and safety standards of ehe federal. state, and CITY. which may be applicable to the service being proVided. 23.0 Licenses and Centftqtions. CONSULTANT shall secure all necessary business 2lllDd professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the entire aareement of the parties. Incorporates all the understandings of the parties and supersedes any prior agreements. understandings, representation Oil" negoda~on, written or oral. This AGREEMENT may n01: be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding UpOD1l and inure to the lbeneflt of the City of South Miami and CONSULTANT and to their respective heirs. successors and assigns. No modific21tion or zmendment of any terms or provisions of this AGREEMeNT shall be valid or binding unless it compiles with this parqraph. This AGREEMENT. In general, and this paragraph, in partimlmr. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolu1:l0n of the City CommiSSion, or If such approval is required by ordinance or the City Charter. no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 Jury Trial. CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or FederaD Court proceedinp in respect to any action, proceeding. lawsuit or counterclaim arising out of this AGREEMENT or me performance of the Work thereunder. 26.0 Yalld~ of Executed COpies. This AGREEMENT may be executed In several counterparts. each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Seyerabil~. 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 n01: 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 warran1:ies. 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 nOl: be construed in any way as a limitation of, any rights and remedies available at law or In equity, by special luanntee or by other provisions of the Comract Documents. if any. or this AGREEMENT. In order to entitle any party to el(ercise any remedy reserved to it in this Thomas F. Pepe IGlIl/2016 Pap 54 of 66 138 107 AGREEMENT. 19.0 IDu. CONSULTANT shall be responsible for payment of ail federml, state, and/or local taxes related to the Work. inclusive of sales tax if applicable • . 20.0 DrUB Free Workglace. 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 ~he 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 ap~licable to the service being proVided. 23.0 ljcenses and Certifications. CONSULTANT shall secure all necessary businass 2lllld professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Alreement. Modlfig.tion. and Binding Effett This AGREEMENT constitutes the entire aareement of the parties; incorporates all the understandings of the parties and supersedes any prior llre=ments. understandings, representation Oil" neloda~on, 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 ass1g11l5. No modification or amendment of any terms or provisions of this AGREEMIENT shall be valid or binding unless it compiles wlm this paragraph. This AGREEMENT. In general. and this paragraph. in partiml81r. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resoludon of the Cfity Commission. or If sflIch 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 jucY Trial. CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or FederaD 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 YaiidlU of Executed Copies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughollt this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever applicable and the singular words substituted for plural anell plural words substituted for singular wherev~r applicable. 28.0 Severablll1;y. 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 8)(ercise any remedy reserved to it in this Thomas F. Pepe IGlIl/2016 Pap 54 of 66 138 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, shali 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 CONSUl. TANT agree that 0'10 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 ill waiver of any right, power, or privDlege 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 ef any term. condition or provision of this AGREEMENT win 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 particu!Qr breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and rEqual Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination againit any person. including employee or applicant for employment on the basis of race. creed. color, ethnicity. national origin. religion. 38e. sex. familia! status, marital status. ethnicity, sexual orientation or physical or mental disability as proscribed by law and that It will take affirmative aaion 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 mtpected to comply with all applicable laws, governmental reqUirements and regulations, including the regulations of the United States Department of Justice penaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY. that CONSULTANT is In compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, florida. 33.0 Effectiye Pate. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is reqUired by City's Charter. and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission. whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thomu IF. Pepe 10/13/2016 Page 55 of 66 139 108 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 cumulauve 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 fai/ure to enforce this AGREEMENT IS to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No plscrlmlnation and !Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person. Including employee or applicant for employment on the basis of race, creed. color. ethillicity. national origin, religion, .' sex. familia! 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 reprdlng employment eligibility and employment practices in general. Thus, all individuals and enaties seeking to do work for the CITY are expected to comply with all applicable laws, governmenb.1 reqUirements and regulations. including the regulations of the United States Department of Justice penaining to employment eligibility and employment practices. 8y signing this AGREEMENT. the CONSULTANT hereby ceMifies under penalty of perjury. to the CITY. that CONSULTANT is In compliance with all applicable regulations and laws governing employment practices. 32.0 Govern;nl Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction In Miami-Dade County. Florida. 33.0 Effectiye Pate. 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 ParQ' Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party benefiCiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thama F. Pepe 10113/2016 Page 55 of 66 ( 139 I ! \ ! i I anyone other than the parties herete, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree te eltecute any and all other and further documents as might be reasonably necessary in order te 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 Inteillretition. This AGREEMENT shall net be construed more strongly agailllst either party hereio. regardless ef who was mere responsible for its preparatien. 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 cemmotion, 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 Subcomractln~ If allowed by this AGREEMENT, the CONSULTANT shall be as full)' responSible to the CITY fer the acts and omissions of its subcontractorsisubcoillsuitanu as It is for the aeu and omlssicllUs ef people direcdy employed by it. All subcontractorslsubconsulWits and their agreements. if allowed! by this AGREEMENT, must !be approved by tlhe CITY. The CONSULTANT shzll requ .. !lire each subCOMractor. 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 Pyblic Records: CONSULTANT and all of its subcontractors are required to comply with the pUblic records law (5.119.0701) while providing goods and/or services on beh;lf of the CITY and the CONSULTANT, under such conditions. shall incorporate this paragraph in aDl of its subcontracts for this Project. Under such condition. CONSULTANT anell its subcontractors are specifically required to: (a) Keep anell maintain public records required by the public agency to perform the service; (b) Upon r~uest wom 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 fmot 9ceed the cost provided 111'1 this chapter or as otherwise provided by law; (c) Ensure mat public records that are exempt or cenfidential and exempt from public records disclosure reqUirements are nct disclosed! eltcept as authorized by law for the duratlen of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; ancl (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 ;oy duplicate public records that are eltempt or confidential and 8)(empt 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 recerds 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 ofthe public agency. Uf THE eONTRACTOIRl HAS QU!ESTU@(Nj$ REGARDlDN@ irHIE APPliCATION OfF CHAPTER 009, !FLORIDA $TATUTES, TO THO: C:ONTRACTOR"$ DUTY TO PROVIDE IPUIIUIC !RECORDS RELATBINl@ 1'01 THDI CONTRACT, CONTACT THE CUSTODIAN OF PUBILDC fRIECOIRD$ AT 305-663-6340; iE-mail: mmelnlendeZ@solUlthmlamlfl.gcv; ~ 0 3@ 5W1l11set Drive, South Miami, FL 33141. 41.0 Notices. Whenever notice shall be required or permitted herein. it shall be Thomas F .. Pepe 10/1311016 Page 56 of 66 140 109 I I I 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 e"ecute 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 Dme of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly spinst either party her.,. 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 obllpdons 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 subcontractorslsubconsultants ~ It is for the acts and omissiolrns of people direcdy employed by it. All subcontractorslsubconsultants and their lII"'ements. If allowed by this AGREEMENT. must be approved by the CITY. The CONSULTANT shmll require each subcomractor. who Is approved by the CITY. to qree In the subcontract to observe and be bound by all obliptions 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 (5.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT. under such conditions. shall incorponte this paragraph In aUl of its subcontracts for this Project. Under such condition. CONSULTANT anell its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perl'orm the service; (b) UpOI'll 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 D1lot Dceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and aempt from public records disclosure requiremtlnts are not dlsclosecU .cept 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 ttle 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 uempt 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 t~chnololY systems of the public agency. Df THE C:ONTRACTOIRl !HAS QU!ESYROINl5 REGARDING THIE APPLICATION OF CHAPTER 019, fLORIDA 5TATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RIELATBN@ TO THOS CONTRACT, CONTACT THE CUSTODIAN OF PUBII..8C RECORDS AT 305-663-6340; IS-mall: mmelnlenclaz@solLlthmlamIO.gcv; '030 Sunset Drive, South Miami, Fl. 33 B 43. 41.0 Notices. Whenever notice shall be required or permitted herein. it shall be Thomas F .. Pepe 1011312016 Page 56 of 66 140 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 emmail or delivery confirmation for any facsimile transmission or. If by certified mai8. 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 bel ow: To CITY: With copies to: To CONSULTANT: City Manager. 6130 Sunset Dr. South Miami. fL 33143 Tel: (305) 668-2510 Fax: (30S) 663-6345 E-mail: salexander@southmiamlfl.gov City Attorney 6130 Sunset Dr. South Miami. FL 33143 Tel: (30S) 667·2564 fax: (305) 341-0534 Emmail: wel>e@scmthml~m!ff.gm!. 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and Its . representative have. and have exercised. the required corporate power and that they have compned 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 AGR.EEMENT is duly executed and delivered by an authorized corporate officer. in accordance with such officer's powers to bind the CONSULTANT hereunder. and constitutes a valid and binding obligation enforceable In accordance with Its terms. conditions and provisions. ON WITNESS WIl=IIEfRECF. this AGREEMENT was signed on or before the date first above written subject to the tenns and conditions set forth herein. Thomas F.iPepe 1011311016 PageS? of 66 141 110 delivered by hand delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mail. with retur'n 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 showinl the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the followlnl individuals or entities at the addresses (Including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami. FL 33143 Tel: (305) 668-25 I 0 Fax: (305) 663-6345 E-mail: salexander@southmiamlfl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (30S) "7·2564 Fax: (lOS) 341-0584 EDmail: tpepe@soythml!p.m!fr,~ 42.0 Corporate AuthoritY: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and Its . representative have, and have exerCised. the required corporate power and that they have complied with all applicable le&al 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. alNl WITNESS WHEREOF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. TIaomas F. Papa 1011312016 Page 51 of 66 141 I I \ I ! I i I I I ! 1 Read and Approved tiS to Foran, LangLlla.ce, legality and execution thereof: Thomas F. PepeJ Esq. Clay Att@lI'ney Thomu IF. Pllpe 01JIUI1016 142 111 Read and Approved as to Form, Language. lepllty lind ExeCution thereor: ly:,~4~ Thomas F. Pepe, Esq. City Attorney Trloma F. 'epe 0911312086 PageSS of" 142 ADDENDUM TO PROfESSIONAL SERV~CE AGREEMENT "Professl@nal GenerallEngineering and Archltec:iuraD $eNliCes" RFQ HPW10:ll.6a12 The City and CONSULTANT agree that ill separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certlfled Arborists Sarvlces," and a separate rotational list will be established for all CeNA [professional services. "Certafied Arbor!sts Services" Is deflrned as: Cornsultant may be called upon to review all tree removal permit appilcations that are submitted to ensure compliance. with the regulations out~lned In Section 20-4.5.1 of the City's land Development Code. The review includes the initial site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the mainternance, preservation, and protection oUrees on both private and public proparty. 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. __ ~ -----/--/' ... ---............ . ~ullh~1 8y. _~ ,...-.-;;;:::= ?'----Steven Alexander, City Manager (Name of Signatory) Read and Approved as to Form, Language, Legalltv and Execution thereof: By: . 'L-:;;;cZ~::;;W;;;"-;- Thomas F. Pepe, Oly Attorney 112 ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professl@nal General En"neerlna and Avchlted:ural Seivlees" RFQ "PW2016a22 The Oty 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 HCertlfied Arborists Services," and a separate rotaiionailist will be established for all CCNA professional services. "Certified Arborlsts Services" Is defined as: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance. with the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. The review indudes 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. __ -~. -------,----... _LC? '/177/ ~uth~l. By: 1~-:dJ.-__ ' By:..,.-= _~::;".-::::~ _____ _ (' ~St;;en Alexander, City Manager '. JAIJt.€.s 5P'NttJ ~ (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: . --~--.::. / /".. "") By: ) /-:;h?c-.?-~~7~-=> Thomas F. Pepe, ety Attorney 1I'homas III. lPapa 1011312016 ATl'ACHM~INJT A u(:OIMlP~INI$ATHONP9 PIROfFfe$$RONlAL ~!ERVQCIe A@fRElElMltElNlT "1PI1'CfesSl~lI'8ai @iellllflIl"alD ~lI'Iglnul1'lnl and Al1'clhl6m,duraO $<ell'Wices" IR\flQ I\'IPW,Uil8~D22 Page 59 of6~ 143 113 Thomas P. '. I OIUI2O 16 ATTACHMENT A daCOIMlIP~INISA TaOH" ffDIRlOIFIE$1§9@NAIL 5teRVDCIE AG~lElElMltiNlT "iflll'OfesskBll'laU GdSml!"alD ~lI'II8In_lI'lnl anel! AlI'chllbacwrrail $<I"'':aslP OOFQ I\'IPW1Gl 0 ri·2a Page 59 of 66 143 Professional General Engineering & Architectural Sell'Vices RFQ #PW2016-22 WagelRates Summary . Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 . Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 114 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary . Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 ATlf'ACHMIENlT.1 UINSUMNCre a INDEMNIFICATION REQUORI:IM1ENTS IPlROFIESSOCNAL SIE~VBCI! AGREEMENT 'Gfrofellllil!llMfl Gell1l<lirmlilEl/1IBlneell'lll1lg and All'CihiteCC¢ulI'ZO Services" RFQ MlW10 16.22 1.0 10 Insurance A Without IImldng Its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own mtpense during the life of the Contract. insurance of the types and in the minimum amounts stated below as will pro~ct the fiRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim Is apinst the FIRM or any sub-contnctor, or by anyone cIIirectlly or Dndirectly employed by any of them or by anyone for whose acts any of them may be liable. 8. No insurance required by the CITY shall be Issued! or writ~n by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Insurance from arid shall maintain the insurance with a company or companies lawfully authormed 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 FIR.M may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (8) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for dam.es because of bodily injury, occupational sickness or disease. or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages, other than to the Work Itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (It) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 II Firm's Insurance Generally. The FIRM shall provide and maintain In force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law· of the State of Florida including Chapter 440, Florida Statutes, ,as presently written or hereafter amended, and all applicable federal laws. Thomas F. 'epa 1011312016 Page 60 of 66 145 115 ATfACHMIeNT.~ DNSURANCE It MNlDleMNlBFBCATOOIN ~II$QUOfftEIMIEINITS PROFESSIONAL SERVICE AGREEMENT "Profellslonal General IEnsineerlng aneD Arclhitec:turaD S~rvlcel" IIlfFQ ""'WlG 16·22 1.0 10 Insurance A Without limiting Its liability. the contractor, consultant or cousuDting firm (hereinafter referred to as "FIRM" with regard to InslUrance and Indemnification requiremenu) 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 c:ontrract or the performance of the contract with the City of South Miami, whether such claim Is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyene for whose aas any of diem may !be liable. . B. No insurance reqUired by the CITY shall be Issued or written by a surplus lines carrier unless authorl~ed in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Il1slLlrance from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance in the State of Flerida. on forms approved by the SUite of Florida, as will protect the F~IR.M. at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them. or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury. occupational sackness or disease. or death of the FIRM's employees: (c) claims for damages because of bodily injury. sickness or disease, or death of any person other than the FIRM's employees: (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages. other than to the Work Itself, because of injury to or destruction of tangible property, including loss of use resulting there from: (f) claims for damages because of bodily injury. death of a person or property damage arising out of ownership, maintenance or use of a metor vehicle: (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 II Firm's Insurance Generallx. The FIRM shall provide and maintain in force and effect until all the Work. to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" ef the State of Florida including Chapter 440. Florida Statutes, .as presently written or hereafter amended, and all applicable federal laws. Thomas F. 'epa 10I11I2016 Page 60 of 66 145 In addition. the policies must include: Employers' liability ;Bt the stataJItory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain aplPropriace levels of Worker's Compensaticn Insurance. o .Of 3 Cemmerclal Comprehensive Generalliabilit)< insurance with broad form endorsement. as well as automobile liability. completed operaticns and products liability, cCllltractualliability. severability of interest with cross liability provision. and personal injury and property damage liability with limits cf $1.000.000 combined single limit per cccurrence and $2.000,000 aggregate, induding: .. Personal Injury. $1,000,000; " Medical Insurance: $5,000 per person; I> Property Damage: $500.000 each occurrence; 1.0 i 4 Umbrella Ccmmerclal Ccmprehensive General Liability insurance shall be written IOn a Flerida approved form with the same coverage as the primary insurance policy but in the amount ef $1.000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afferded om a fcrm no more restricdve than the latest edition 01 the COMlPreihlensive General Uability policy. without restrictive endorsements, as filed by the Insurance Services Office, and mWlsi: ill'lldude: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard Cd) Explosion, Col~pse and Underground Hazard Coverage (e) Brcad Form Property Damage (I) Broad Ferm Contractual Coverage applicable to this specific Contract. Indudlng any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal tc those required fer Bodily Injury liability and Property Dammge liabDlity. 1.0 I S Business Automobile Uabilit)' with minimum limits of One Millien Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily injury liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than me latest edition of the Business Automobile lLiabihty pellcy, without restrictive endorsements, as fried by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership I.O! 6 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall ccntain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the wcrd Subcontractor fer the word FIRM and substituting the word FIRM fer CITY where applicable. 1.017 Eire and Extended Coverage Insurance (Builders' Risk). If APPLICABLE: c. In the event that this contract involves the construction of a structure. the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, Including Vandalism & Malicious Mischief coverage. while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of Thom2lll1l'. Pepe 1011311086 Page 610166 146 116 In addition. the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further Insure that all of its Subcontractors maintain appropriate lev~ls of Worker's Compensation Insurance. 0.0 13 Commercial Comprehensive General Uabllity insurance with broad form endorsement. as well as automobile liability, completed operations and products liability. contractual liability. severability of interest with cross liability provision. and personal inJury and property damage liability with limits of $1.000,000 combined single limit per occurrence and $2,000,000 aggregate. induding: Q Personal Injury. $1.000.000; " Medical Insurance: $5.000 per person; o Property Daml8e: $500.000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liabilitt insurance shall be written on a florida approved form with the same covelille as the primary insurance policy but in the amount of $1,000,000 per claim and $2.000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Uability policy, without restrictive endorsements. as filed by the Insurance Services Office, and must include: (a) Premises andl Operation (b) Independent Contractors (e) ProduCts and/or Completed Operations Hazard (d) Explosion. Coillapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form ComractuaB Coverage applicable to this specific Contract. Including any hold harmless andlor indemnification agreement. (&) Personalln)ury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. 1.015 Business Automobile liabilitY with minimum limits of One Million Dollars ($I,OOO,OOO.OO) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined siRlle limit for Bodily Injury Liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liablhty 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 ~he Work under the Contract is sublet. the subcontract shall contain the same insurance provision as required by of the firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 fire and Extended Coverqe Insurance (Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construction of a structure. the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. RBroad" 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 Thomas F. Pepe 1011312016 Page 61 0166 148 said buildinp or structures. The policy or policies shall also cover machinery, If the cost of machinery is included in the Contract. or if the machDnery is located in a building that Is being renovated by reason of this contract. The amount of Insurance must, at all times, be at least equal to the replacement and actual cash 'laDue of the Insured property. The policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous section herein below shall apply to this coyerage unless it would be clearly not applicable. 1.018 Mlgllaneous: F. If any notice of cancellation of Insurance or change illl covence is issued by the insurance company or should any Insurance have an expiration date that will occur during the period of this cOllltract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change. or expiration so as to provide continuous coverage u specified In this sedion and so as to mzontain coverage during the life of this Contract. G. All deductibles must Ibe declared by the fiRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a form satisfactory to tIIle CITY coverl.ng the same. H. The poliCies shaDl contain waiver of subroption aptost CITY where applicable. shall expressly provide d1Iat sllBch policy or policies are primary over any IDther collectible Insurance that CITY may have. The CITY reseD"Yes the right at any time to request a copy of the required policies for review. All [pOlicieS shal~ com:ain a "severabiliqr of interest" or "cross liability" clause without obligation for premium payment of the CITY as weG as contractual liability provision coverl", the FIRM'S duty to indemnify the City as provided In this Agreement. I. Wore starting the Work. the fiRM shall deliver to d1e CITY certlflcates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is IssuecB, 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 throup whom the policy was obtained. The insurer shall be rated A. VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance poliCies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at its sole discretion, to provide a "certified copy" of the Policy (as deflned In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall· deliver, at the time of delivery of the insurance certificate. the following endorsements: . (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe IOJIJlIOI6 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury". 'property damage' , or "personal and advertiSing injury" and it will proVide to the City all of the coverage that Is typically provided under the standard Flor.ida approyed forms fOB" commercial general liability coverage A and coverage B"; Page 61 of 66 147 117 said buildlnp or structures. The policy or policies shall also cover machinery, If the cost of machinery is included in the Contract, or if the machDnery is located in a building that Is being renovated by reason of this contract. The amount of insurance must, at all . times, be at least equal to the repiacemenG: and actual cash va~ue of the Insured property. Ttle policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth in Miscellaneous section herein below shall apply to this coyerage unless It would be clearly not aplPlicable. 1.018 Miscellaneous: F. If any notice of cancellation of Insurance or change in coverage is issued by thee insurance company or should any Insurance have an expiration date that will occur during the period of this contract, the FIR.M shall be responsible for securing other accepable insurance prior to such cancellation, change, or expiration so as to proVide continuous coverage as specified In this seed on and so as to m810ntain coverage during the life of this Contract. G. All deduailbles must Ibe declared by the FU\M and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a !Bond. in a form satisfactory to tBle CITY coven.ng the same. H. The policies shaDl contain waiver of subroption against CITY where applicable. shall expressly provide dIIat sllBch policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reserves the rI&ht at any time to request a copy of the required policies for review. All policies shal~ contain a "severabilitr of interest" or "cross liability" clause without obligation for premium payment of the CITY as weD as contractUaIIllability provision covering the fiRM'S duty to indemnify the City as provided in this Agreement. I. Before starting the Work. the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is Issued, the Insurance policy, Including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per A.M. Best's Key Rating Guide. latest edition and authorized to issue insurance In the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The fiRM may be required by the CITY. at its sole discretion, to provide a "certified copy" of the Policy (as deflned In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall· deliver, at the time of delivery of the insurance certificate, the following endorsements: . (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe IOJIJlIOI6 ''The City of South Miami is an additionallnsurecl. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury", 'property damage' , or "personal and advertiSing injury" and It will proVide to the City all of the coverage that Is typically provided under the standard Flor.ida approved forms fOB" commercial general liability coverage A and coverage B"; Page 61 of 66 147 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall 810ft be cancelled (including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect. engineer, attorney. or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional liability Insurance on a Florida approved fOll"m in the amount of $1,000,000 with deductible pell" claim if any, not to exceed 5% of the limit of UabOlity providing for aU sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any persOIl1 employed or retalnecll by him In (Connection with mls Agreement. This insurance shall be maintained for fOLlr years after completion of the constll"uaiorn and acceptance of any Project covered by this Agreement. However, the fiRM may purchase Specific iProject Professional liability insurance, In the amount and under the terms specified above, which is also acceptable. No illlsurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole. absolute and unfettered discretion. G. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the nesligence or other fault of the Firm or anyone acting through or on behalf of the Firm. H. The Firm shali indemnify, defend, save and hold CITY, its officers. affiliates, employees, successors and assigns, harmless from any and ali damages, claims, liability, losses. claims, demands, suits, fines, Judgments or cost and e)(penses, Including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation. arbitration and at all appellate levels. which may be suffered by, or accrued against. charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and aSSigns. by reason of any causes of actions or claim of any kind or nature. including claims for injury to. or death of any person or persons and for the loss all" damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence. intentional act or harmful conduct of the Firm. its contractor/subcontractor or any of their officers, directors, agents. representatives, employees. or assigns, or anyone acting through or on behalf of any of them. arising out of this Agreement. Incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Arm shall pay all claims, losses and expenses of any kind! 011" nature whatsoever. in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F.lJDepe '011312016 Page'] of 66 148 118 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (Including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certifted mail, with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to me above requirements, the·flRM shall also provide Professional Uability . Insurance on a Florida approved form in the amount of $ U ,000,000 with deductible per claim if any, not to exceed 5% of the limit of ~iabDllty providing for aU SlUms which the FIRM shall become legally obligated to pay as dam.es for claims arising out of the services or work performed by the FIRM its agents, representativas, Sub Contractors or assigns, or by any person employed or r~talned by him In <connection with this Agreement. This insurance shall be maintained for four years after completion of the conSU'uaion and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the city's sole, absolute and unfettered discretion. G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the neJligence or other fault of the Firm or anyone acting through or on behalf of the firm. H. The Firm shali indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assilns, harmless from any and all damages, claims, liability, losses. claims, demands, suits, fines, Judgments or cost and expenses, Including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from me City of South Miami. Its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, ariSing out of this Agreement, Incident to It, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Arm shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY andlor its affected '1I'homuF.fepe 10/1312016 Pap'] of" 148 officers, affiliates, employees, successors and assigns, includin. their attorney's fees. in the defense of any action In law or equity brought qalnst them and arising from the negligent error, omission. or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, andlor arising out of, or incident to. this A,reement. or incident to or resulting from the performance or non-performance of the Firm's obf!ptions under this AGREEMENT. . J. The Arm 31rees and recognizes that neither the CITY nor Its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims. including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents. representatives, employees. or assigns, or anyone acting through or on behalf of the tham. and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approvlna or relectlng any submissions or acts of me Firm, CITY In no way assumes or shares responslblilty or liability for the acts OD" omissions of the Firm. its contractor/subcontractor or any of their agents. representatives, empHoyees. or assigns. or anyone acting through or on behalf of them. K. The Finn has the duty to provide a defense with an attOrney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. L However. as to design professional contracts. and pursuant to Section 725.08 (!). Florida Statutes, none of the provisions set forth herein above that are in conflict with this subpar;craph 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 IImated to. reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or Intentionally wronaful conduct of the design profeSSional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pep. 1011111016 THIS IS INCLUDED UN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 149 119 officers. affiliates. employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought asalnst them and arising from the negligent error, omission, or act of the Firm. its Sub-Contractor or any of their agents. representatives, employees, or assigns, andlor arising oua: of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obr!ptions under this AGREEMENT. . J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents. representatives. employees, or assilns, or anyone actinl throUSh or on behalf of the tham, and arising out of or concerning the work aD" event that is occurring on the CITY's property. In reviawing, approving or relecting any submissions or acts of die Firm, CITY In no way assumes or shmres responsibility or liability for the acts aD' omissions of the Firm, its contractor/subcontraCtor or any of their agents. representatives, empHoyaes. or assllns, or anyone acting through or on behalf of them. 8<. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. L However. as to design professional contracts, and pursuant to Section 725.08 (I). Florida Statutes, none of the provisions set forth herein above that are In conflict with this subpara,vaph shall applf and this subparqraph 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 IImated to, rlUsonable attorneys' fees. to the extent caused by the negligence, recklessness, or Intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pep. 1011111016 THIS IS INCLUDeD IN THE GENERAL CONDITIONS lEND OF SECTION Page 64 of 66 149 IEXHU~HT~ 'R@IFIE$$OONAL $ERVO<C~ AGlRlElElMllElNlT "PlI'cfrasslollDaU Gralfll<!lm IEfI'Igineell'llllg M«!I ~i"«:II'IDtli!lduraUl $lBnflcell'P ~fQ #PW2@ D~~n THIS AGREEMENT made and entered into this ~ day of v\~ . 20~ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY or City Manager) and 5' R $ "E No 'e.\!rl€ ~ \?..\ ~~ "1 r l cl c. who is authorized to do business in the State of florida, (hereinafter referred to as the "CONSUL TANij. 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 Nodceto Proceed wiU 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 Oil' more Nodce fCO Proceed (hereinafter referred to as the "WORK"). nor does it obligate the Owner in any manner to guarantee work for me CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents ii'll the CITY possession pertaining to the WORK to be performed under this AGREEMENT prompdy after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted In the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fIXed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an ilreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as A ITACHMENT 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 Thomas F. lPepe 10113/1016 Page 51 oU6 135 120 EXHIBIT'" PR@flE$$OONAL SERVDClE ~@lRlElEIMlIENT UPrcfeSSIOlDlIIU Gen(llm EnllneeD'11ll1 aou«ll ~&"ChDn~ura1D $(ll'Vlce!a" RIFQ #PWlO 16a21 THIS AGREEMENT made and entered into this ~ day of '\lJ\~ • 20~ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through Des City Manager (hereinafter referred to as CITY or City Manager) and S R $ 'E ~ !ie' IA£ ~\2..I * Ss t t rl c. who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Proyisions 1.1 A Nodce' 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 em behalf of the Owner other than the work described In one or more Nodce to Proceed (hereinafter referred to as the "WORK"). nor does it oblipte the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY avees that it will furnish to the CONSULTANT available data and documents in the CITY posseSSion pertaining to t&te WORK to be performed under this AGREEMENT prompdy after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set tanh In the Scope of Spees u 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 rec:elu;»t of :at written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the tJme 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 Thomas F. 'epe 1011 1I20 16 Page 51 of 66 135 wages, benefits, overhead and profi~ and that shalU be in writing. signed by the CONSULTANT and the City Manager and! attached hereto as ATTACHMt£fN1J" A. 5.0 Payment and Partial payments. The CITY will make monthly payments or pania! 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 ATI'ACHM£NT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but oll1ly for the work actual!y performed and approved in writing by the City Manager. 6.0 Rimt of Decisions. All services shall be performed by the CONSULTANT to the sadsfaction of the CITY's r4!presentative, who shall decide all questions, difficulties and disputes of what4!ver nature which may arose under or by rsason 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 binc!ling upon the parties unless such determination is deady arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment ef the representative as to any decisions made by him. CONSULTANT shall present his written objectiens tc the City Manager and shall abide by the decision of the Oty Manager. 1.0 Ownership cf Docyments. All repcrts and reproducible plans. and ether data developed by the CONSULTANT for the purpcse cf this AGREEMENT shall become the property ef the CITY without restriction or limitaticn. 8.0 Audit Rights. The CITY reservei the right tc audit the recerds cf the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and fer a period ef lOne year after final payment is made. This prevision is applficable only to projects that are on a time and ClOst basis. 9.0 Truth-in Negotiations: If the centract amount exceeds the threshold ameunt provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-In-negodation certificate stating that wage rates and other factual unit costs supperting the cempensaticn are accurate, cemplete, and current at the time of conncting. In such event, the eriginal contract price and any additions therete shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incemplete. 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 lOr 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 cf the CONSULTANTs rights. The CITY may, in its sele discretion, allow the CONSULTANT to assign its duties. obligations and responsibilities previded the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be proVided by it without prior written censent of the CITY. Any assignment or subcontracting in violation hereof shall be void cund unenforceable 1 1.0 Unauthorized Ailens: 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·CONSUl TANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does net assume the obligation, Thoma F. Pepa 10/13/2016 Pages:! of6~ 138 121 wages, benefits, overhead and profi9: and that shalO be in writing. signed by the CONSULTANT and the City Manager and attached hereto as ArrACHMfEN1J" A. 5.0 Payment and Partial I'Qments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth In the schedule of payment as set forth in ATTACHMENT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's rG!presentative, who shall decide all questions, difficulties and disputes of whattever natuJre which may arise under or by reason of this AGR.EEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The represental.tive's deciSions upon all clzlms, questions, and disputes shall be final, conclusive and bindlinl 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 Oty Manager. 7.0 Ownership of Documents. All reports and reproduc:ible plans, and other data developed by the CONSULTANT for the purpose of this AGR.EEMENT shall beCOMe the property of the CITY without restriction or limitation. 8.0 Audit Rllhts. 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..Jn Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSIUL TANT shall execute a truth-in-negotiation certiftcate stati"l 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 a.dditions 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 facwal unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Sublettln" 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 CONSUL T ~rs ri,hts. The CITY may, in its sole discretion, allow the CONSULTANT to assi,n its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting In violatioli 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 knowinlly employs unauthorlz.!d 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 doel not assume the obligation, TIIomlll F. Pepe IflIlI2016 Page 51 of 66 138 to require proof of valic!I citizenship or, in the alternative. proof of a valad green card fOil" each person employed in the performance of work or providing the goods andlor services for or on behalf of the CITY including penons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure comp!lance with the applicable laws and/or regulations. 12.0Warramy. 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 chis contract and that he has not paid or agreed to pay any company or penon other than a bona fide employee working solely for the CONSULTANT any fee, commission, percenage fee, gifts or any other considentions contingent upon or resulting from the award or making of this contract. for breach or violadon of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 termination. It Is expressly understood and qreed that the CITY may terminate t&11s. AGREEEMENT for any reason or no reason and without penalty by ather 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 lIan. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals. or unless otherwise terminated by tRle CITY. The term of this agreement Is three (3) yean 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 tIIIe contract without cause following 30 days advanced notice to the CONSULTANT. Howevef, in no event shali thIB term exceed flYe (5) yean following the issuance of the Notice to Proceed. 15.0 Default. In the event either party falls to comply with the provisions of this AGREEMENT. the aggrieved party may declare the other party in default and notify the defaulting party In writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entlded to any consequential Of delay damltles. in the event that partial payment has been made fOf 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. IBach party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnlflcatlon requirements that are set forth In ATTACHME.NT IS. to this AGREEMENT. 17.0 AJreement Not Excluslye. 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 fedenl 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 1B7.131(3) (a), as required by the ClTrs solicitation, if any, applicable to this Thomas IP ... epe 1011312016 Page 5l of 66 137 122 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 loods and/or services for or on behalf of the CITY Including persons employed by ;my independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws andlor regulations. 12.0 Wart=anty. 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 workinl 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 .. reed that the CITY may terminate this· AGREEEMENT for any reason or no reason and without penaltty by either declining to issue Notice to Proceed authorizing WORK. or, if a Notice to Proceed is issued, CITY may terminate this AGREEMIENT by written notice to CONSULTANT, and In either event the CITY's sole obligation to the CONSULTANT shall be payment for the work prevlolDSly 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 !Jan. This AGREEMENT shall remain in force until the end of die 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 dlsCII'etion of the City Manlier. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed fIVe (5) years following the issuance of the Notice to Proceed. 15.0 Default. In me event either party falls to compiy 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 pardal payment has been made for such professional services not completed. the CONSULTANT shall return such sums to the CITY widlln 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 ATTACHME.NT B.to this AGREEMENT. 17.0 Agreement Not Excluslye. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or slmOlar 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) punuant to FS '1JJ7.131(3) (a), as required by the CITY's solicitation, if any, applicable to this TIIam ...... epe 10I1:m816 Page 53 of 6' 137 AGREEMENT. 19.0 Iuu. CONSULTANT shall be responsible for payment of ail federal, state, and/or local taxes related to the Work. inclusive of sales tax if applicable. 20.0 Drug Eree Workglace. CONSULTANT shall comply with CITY's Drug Free WorkpSace 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 Respon3lbilities. 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 me service being provided. 23.0 Ucenses and Yrtlflcations. CONSULTANT shall secure all necessary business all'ld professlonaB licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire &reement. Modification. ilnd !BIDding Effect This AGREEMENT constitutes the entire agreement of the parties. incorporates all the llmllllerstandings of the parties anell supersedes any prior agreements. understandings. representation lOr negodatlon. written or oral. This AGREEMENT may not be modmfied ell' amended el(cep~ in writing, signed by both parties hereto. This AGREEMENT sllla!! be bill1dlng UpOIl1 and inure to the benefit of the City of South Miami and CONSULTANT and te their respective heirs, successors and assigns. No modification or amendment of any terms Co' previsions of this AGREEMENT shal~ be valid lOr binding unless it complies with this paragraph. This AGREEMENT. in general, and this paragraph, in particular, shall mot be modified or amended by acts Co" omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commlss!oll1. or if such approval is required by ordinance or the City Charter. ne aMl!ndment to this AGREEMENT shall be valid unless approved by written resolution cf the City Commission. 25.0 Jury Trial. CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive any right either may have tc a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out 01 this AGREEMENT or the performance of the Work thereunder. 26.0 Yalldlt;y of Executed Copies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male. female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 SeverabilitY. If any term or provision of this AGREEMENT aU' 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 il1l this Thomas 11'. Pepe 1 OIU/20 16 Page 54 of" 138 123 AGREEMENT. 19.0 Im&.. CONSULTANT shall be responsible for payment of ail federal. state. anell/or local taxes related to the Work. inclusive of sales tax if applicable. 20.0 DruB free Workplace. CONSULTANT shall comply with CITY's Drug Free Worrkp8ace policy which is made a part of this AGREEMENT by reference. . 21.0 Independent Contmctor. CONSULTANT is an Independent entity under this AGREEMENT and nothing conmined herein shall be construed to create a partnership. joint venture. or agency relationship between the parties. 22.0 Duties and RMponllbllities. CONSULTANT avees 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 bellll provided. 23.0 Ljcenses and Certifications. CONSULTANT shall secure all necessary business aIRel professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Ageement. Modlfic:;Won. aDd IBII!ldinC Effect This AGREEMENT constitutes the entire agreement of the parties. incorporates all the understandings of the parties and supel'ledes any prior qreements. understandings. representation or negotJadon. written or onl. This AGREEMENT may not be mod~fied 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 CONSUL i ANT and to their respective heil'$. successors and assll"s. No modification or amendment of any terms or provisions of this AGREEMENT shalO be yalid or binding unless It compiles wldl this pal'lllraph. this AGREEMENT. in general. and this paragraph. in pardculmr. shall not be modlfled ell" amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the Cuty Commission. or if such IDPproval is required by ordinance or the City Charter. no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 Jury Trial. CITY and CONSULTANT knowingiy. Irrevocably voluntarily alRd intentionally waive any right either may have to a trial by jury in State or Fedenl Court proceedings in respect to any action. proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the pe~rmance of the Work thereunder. 26.0 Valid", of Executed Copies. This AGREIEMENT may be executed In several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male. female or neuter. whenever applicable and the singular words subsdtuted for plural and plural words substituted for singular wherever applicable. 28.0 Sayerabill1;y. If any term or provision of this AGREEMENT 011' 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. iUarantees 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 entlde any party to exercise any remedy reserved to it in this Thom .. P. Pape 1011312016 Pap 54 of 66 138 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 ItO 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 privileglB under this AGREEMENT. No waiver of this AGREEMENT. In whole or part, including the provisions of thos 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 winl VlIot constitute a waiver of any other term, cenditien or /provision hereo1. nor wlil a waiver of any breach of any term, condition or provision constitute It waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it peO"mlt any acts 00" emissions which result in discriminatiolll 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 erientation or physical or mental disability as proscribed by law and that It will take affirmative actlion 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 ail 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 penaining to employment eligibility and employment praedces. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY. that CONSULTANT is In compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREIEMENT 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. Aorida. 33.0 Effective Pace. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission If such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission. whichever is later. 34.0 Third PartY Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by '1I'hDmlU F. Pepe 10/13/2016 Page 55 of 66 139 124 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 additloo «0 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 anell CONSULTANT avee 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 rlaflt. power, or privilegll!l WInder this AGREEMENT. No waiver of this AGREEMENT. In whole or pan. including the provisions of thos paragraph, may be implied by any act or onnission 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. condidon 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 EmplQ,YJDtnt: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination apinst any person. Including employee or applicant for employment on the basis of race, creed, color. ethniclty, 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 aedon 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 far 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 Goyern;"1 Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Aorlda. 33.0 Effective [)ate. This AGREEMENT shall not become effeetlve 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 Pal"b' BenefiCiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by ThDmalF.Pepe 1111311016 Page 55 of 66 139 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 omer and further documents as might be reasonably necessary in order tc 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 AGR.EEMENT shal! nct be construed more strongly against either party herete. regardless cf who was more responsible fer its preparation. 38.0 Force Majeure. Neither party hereto shall be in default ef lu failure to periorm its obligations under this AGREEMENT if caused by acts of God. civil commotion, strikes, labor disputes, or governmental demands lOr requirements that could not be reasonably -anticipated and the effects avoided or mitigated. Each part.)' shall notify the other of any such occurrence. 39.0 Subcontractln~ If allowed by this AGREEMENT. the CONSULTANT shan be as fully responSible to tha CITY fer the acts and emissions of its sl.Ibcontrac:torsisubclOnsultallllu as It is for the aeu and omissilOns IOf people directly emplcyed by it. All subcontractorslsubconsulWlt5 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 condldon! of this AGREEMENT to which CONSULTANT is bound. 40.0 Pyblic Records: CONSUll T ANT and an cf its slIIbcontntctcrs are required to compiy with the public records !aw (5.119.0700 while prlOvidlng goods andlor serrvic:es on behalf of the CITY and the CONSULTANT, und!!r such conditions, shall Incorporate this paragraph in aDl of its subcontracts for this PrlOject. Under such condition. CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintailll public records D"~uired iby the pulblic agency to perform the service; (b) UPOIlll request from the public agency's custodian of public records, provide the public agency with a copy of the requested records Co' allow the records to be inspected or copied within a reasonable time at a cost that do!!s not exceed the cost prcvlded in this chapter lOr as otherwise provided by law; (c) Ensure that public records that are exempt or confid!!ntial and exempt from public records disclosure requirements are not disclosed except as authorized by law flOr the duration of the contract term and fellowing compietlon of the contract If the contractor does 1Il0t transfer th!! records to the public agency; and (d) Upon completion of the contract, transfer, at no CloSt, to th!! public agency all public records in possession of the contracter 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 ar!! exempt or confidential and exempt from public records disclosure requlreme~ts. 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 prevlded 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 ef the public agency. SF THE CONTRACTO~ HA$ QUE5"1i"ION$ IItIEGARDING 'ii"H~ AP'UCATION OF CHAPTER 08', flORIDA 5TATUTlESp TO THE CONTRACTOR'S DUTY TO 'R@VOfD)E PUBLIC RECORDS Rlr:LATONG TO THIS CONTRACTp CONTACT l"HIE CUSTODIAN OF PUBI..8C RECORD!§ AT 305-663.6340; E-mail: mmeneO'lldl8il@southmiamlfl.sov; ~ D 30 Sunset Drive, South Miami, Flll141. 41.0 Netices. Whenever notice shall be required or permitted herein. it shall be Thomas F~ Palpe 1011312016 Page 56 of 6~ 140 125 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 further Assurances. The parties hereto mgree to execute any and all omer and furthsr 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 Intarpret:ation. This AGREEMENT shall not be constrUed more strongly spinst either party hereto. regardless of who was more responsible for Its preparation. 38.0 force Majeure. Neither party hereto shall be in default of iu failure to perform its obliptions 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 mitlpted. Each party shall notify the other of any such occurrence. 39.0 SubcoDnctln~ If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractonlsubconsultants ~ It Is for the acts and omissions of people directly employed by it. All subcontractorslsubc:onsultalrits and their qreements. if all@wed 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 IOf its subcontnlctors are required to compiy with th~ public records !aw (5.119.0701) while providll1l goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions. shall Incorporate this pafl'lll'8ph in aDl of its subconta'acts for this Project. Under such condltiofll. CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) UpOfll request from the public agency's custlOdlan of public records. provide ti:he 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 lOr IS otherwise prlOvided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not dBsciosed except as authorized by law for the duration gf the contract term and following compRetion of the contract if the contractor does not transfer the records to the public lIency; and (d) Upon completllOn of the contract, transfer, at no cost, to the public lIency 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 lIency upon completion of the contract, the cgntractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records dlsclGsure requlreme~ts. 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 t~hnololY systems gf the public agency. IF THE CONTRACTOR HA~ QUESTIONS IiiEGARDING THE APPUCATION OIF CHAPTtER 0 D9, flORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVUDE PUBLIC RECORDS RELATING 1'0 THIS CONTRACT, CONTACT THIm CUSTODIAN OF PUBL8C RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamlfl.gov; 6 D 38 Sunset Drive, South Miami, fL Jll143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Thomas F .. Pape 1011312016 PageS60F66 140 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: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 EAmail: tpepe@southmiamifl.gQY 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ON WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 10113/2016 ~ By: .~ /.7Steven Alexander .?/ City Manager Page 57 of 66 r .-I':.: I , 126 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: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 EAmail: tpepe@southmiamifl.gQY 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ON WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 10113/2016 City ;.< By: ~ /,7Steven Alexander ~/ City Manager Page 57 of 66 r .-I':.: I , Read and Approved as to Form, language, legality anel! Execution thereof: Tilama51 F. Peps B"8~20B6 142 127 Read and Approved as to form, Language. Lepllty and execution thereof: By: _=~/-_. _"'?~"::'~_~_Ih_-~;;....., -_~")_ Thomas F. Pepe. Esq. Citty Attcrney TIIamal\ F. Pep. 11113/2016 Page §I of 66 142 Sou;~lJiami '"' IllY 1.1' "ItASAl'O.I lIVll'Ol,; ADDENDUM TO PROFESSIONAL SERV~CIE AGREIEMENT "Professional General Engineering and Architectural Services" RIFQ #PW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" is defined as: e Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. CONSUlTANl ngineering, Inc. 19 nacio Serralta/President (Name of Signatory) Read and Approved as to Form, Language, legality and Execution thereof: By: Thomas F. Pepe, City Attorney 128 ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RfQ #PW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" Is defined as: • Certified Arborlst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborists Services'~ will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. ngineering, Inc. Ignacio SerraltaJPresident (Name of Signatory) Read and Approved as to Form, language, legality and Execution thereof: By: ._:--~~;;.a~~~~. Thomas F. Pepe, City Attorney ~ ~~jlf~MI~ ~ ,/- ...::$'" By: / ~:~7 ~-:::?~teven Alexander, City Manager .-/ ,?' Thomas P. Papa 10113112016 AiFTACHlMllENlT A uCOIMJ'telNl~A iiDON" ff1l~@IrIE$~O@IMAlL $IEIftV8C~ A@IRIEIEIMIENT "!iiln&iessloO'8m1 GeMII'IIB EII'Blln8l811'Ini md AlI'cD1IltscWll'SlD $ell"W'cestp DQ flPWlCDO 'D2~ Page 59 of 66 143 129 'B'ham1BS P. Pepra 80113112016 AiFTACHlMllENlT A uCOIMJ'telNl~A iiDON" ff1l~@IrIE$~O@IMAlL $IEIftV8C~ A@IRIEIEIMIENT "!iiln&iessloO'8m1 GeMII'IIB EII'Blln8l811'Ini md AlI'cD1IltscWll'SlD $elrW'cestp DQ flPWlCDO 'D2~ 143 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect . $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 130 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect . $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 Aiiii"ACIHM~NT.1 INSURANCE It INHOEMINDfHCATIOINI REQUIREMENTS IJDII\l@fFESSBONAL SERVICE AGIlIlIl:IEMlleN'1I" "Profel.lanal GalllerailEnslnee,ln, ancII Architectul'IID Services" IRIfFQ .W20U 'g2l 1.0 10 Insurance A Without limiting its liability, the contractor, consulmnt or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, Insurance of the types and In the minimum amounu stated below as will protect the FIRM, from dalms which may arise out of or result from the contract or the performance of the contract with the City of Soum Miami, whether such clmlm Is against the FIRM or any sub-connctor, or by anyone directly or indirectly employed by any of them or by anyene for whose acts any of them may be liable.· B. No insurance required by the CITY shan Ibe DlSued or written by a surplus lines carlier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discll"etion. The FIRM shall purchase Ill'Dsurall'lce from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance lill the State ef flerida, on ferms approved by the State of F~orida, as will protect the FIRM, at Ii minimum, from all claims as set forth below which may arise out of or result from the fiRM's operations under the Contract and fol/' which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any 01 them, or by anyone for whose acts any of them may be liable: (a> claims under workers' compensation. disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage: (e) claims for damages, other than to the Work Itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (1) claims for damages because of bodily injury, death of a person or property dam. arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0 II firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, .as presently written or hereafter amended, and all applicable federal laws. Thoma F. 'epe 1001mO" Page '0 of" 145 131 ATTACIHIIMlIeNT.~ gNSUMNC~ Be INDEMINDflCATROINI RIEQIlJIR~MEN1"S IFRCfFESSBCNA&. SEIIt'lfiCIE A@REI!:!~IEIN'1I" "Profeilional General IEnsineerlnl ancII ArchitecturaU Services'· f&FQ MDW20R 6-22 1.0 10 Insurance A Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be reqUired to procure and maintain at its own expense during the life of the Contract. Insurance of the types and In the minimum amounts stated below as will protect the FIRM, from daims which may arise out of or result from the contract or the performance of the contract with the City of Soum Mlmmi, whether such claim Is lIpinst the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them all' by anyone for whose aas any of tlhlem may be liable. B. No insurance required by the CITY shall be issued! all' wriuen by a surplus lines carlier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase InsuraD'lce from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance In the State of Florida, OB'll forms approved by the State of F~oll'ida. as wlii protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the fiRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or ondirectly 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 dam.es because of bodily injury, occupational sickness or disease. or death of the FIRM's employees: (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage: (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (ij claims for damages because of bodily irijury, death of a person or property dam.e 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 conaactualliabllity insurance applicable to the FIRM's obligations under the Contract. 1.0 II firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, .as presently written or hereafter amended, and all applicable federal laws. Thoma F. 'epe 1001mO" Page '0 of" 145 In addition. the policies must Indude: Employers' liability at the statwlooD'")' covense amount. The fiRM shal~ further Insure that all of Its Subcontractors maintaOn appropriate levels of Worker's Compensarcion Insurance. D .0 13 Commercial Comprehensive General Uablliw insurance with broad form endorsement. as well as automobile liability. completec!! operations and products liability. contraaualliability. severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000.000 combined single limit per occurrence and $2,000,000 aggregate, indudinl: o PenonallnJuuy. $1,000,000; .. Medical Insurance: $5,000 per person: .. Property Damage: $500,000 each occurrence: 1.014 Umbrella Commercial ComplI"ebeOlsive Genell"aU lLiabliB1;y insurance shall be written on a florida approved form with the same coverage as the plI"imary insurance policy ibut in the amount: of $1.000,000 per claim and $2,000,000 Annuai Agrepte. Cov(!!nge must be afforded 0111 a form no More restrictive than the latest edition of the Comprelhll!nsave Gen~ral Uabmty poliCY, without restrictive endorsements, as filed by the Insurance Services OffIce, and mlLDst include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Huard (d) explosion. Coillapse and Undergrournd Huard Coverage (e) lBroad form Property Dam.e (f) Broad form Contractuall Covenge applicable to this specific: Contract, Including any hold harmless andlor indemnification mgreement. (g) Pel1'Sonallnjury Coverage wid! Empioyee and Contractual Exclusions removed, with minimum limits of coverage equal to those requill"ed fOil" Bodily Injury liability and Property Damage Liability. 1.015 Business Automobile Uablllt;y with minimum limiu of One Million DollaD"s ($1,000,000.00) plus an additional One Million Dollar ($ i .000,000.00) umbrella per occurrence combined single limit for Bodily Inlul'}' Uabllity and Property Damage Uabillty. Umbrella coverage must be afforded on a form' no more restrictive than the latest edition of the Business Automobile liabihty policy, without restrictive endorsements, as filed by with the state of Florida, and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (e) Employers' Non-Ownership 1.016 SUBCONTRACTS; The FIRM agrees that if any part of the Worll< under the Contract is . subler. the subcontract shall contain the same insurance provision as required by of the Firm. other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the worc:ll FIRM for CITY where applicable. 1.017 Fire and Extended Coye,.e Insurance (Builders' Risk). IF APPLICABLE: . C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, Including Vandalism" Malicious Mischief coverage. while in the course of construction, including foundations. additions, attachments and all permanent fixtures belonging to and constituting a part of Tlioml!l8 F. Papa 101131201' Page .; I of 61i 146 132 In addition. the policies must Indude: Employers' liability at the statwlooD'")' covense amount. The fiRM shal~ further Insure that all of Its Subcontractors maintaOn appropriate levels of Worker's Compensarcion Insurance. D .0 13 Commercial Comprehensive General Uablliw insurance with broad form endorsement. as well as automobile liability. completec!! operations and products liability. contraaualliability. severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000.000 combined single limit per occurrence and $2,000,000 aggregate, indudinl: o PenonallnJuuy. $1,000,000; .. Medical Insurance: $5,000 per person: .. Property Damage: $500,000 each occurrence: 1.014 Umbrella Commercial ComplI"ebeOlsive Genell"aU lLiabliB1;y insurance shall be written on a florida approved form with the same coverage as the plI"imary insurance policy ibut in the amount: of $1.000,000 per claim and $2,000,000 Annuai Agrepte. Cov(!!nge must be afforded 0111 a form no More restrictive than the latest edition of the Comprelhll!nsave Gen~ral Uabmty poliCY, without restrictive endorsements, as filed by the Insurance Services OffIce, and mlLDst include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Huard (d) explosion. Coillapse and Undergrournd Huard Coverage (e) lBroad form Property Dam.e (f) Broad form Contractuall Covenge applicable to this specific: Contract, Including any hold harmless andlor indemnification mgreement. (g) Pel1'Sonallnjury Coverage wid! Empioyee and Contractual Exclusions removed, with minimum limits of coverage equal to those requill"ed fOil" Bodily Injury liability and Property Damage Liability. 1.015 Business Automobile Uablllt;y with minimum limiu of One Million DollaD"s ($1,000,000.00) plus an additional One Million Dollar ($ i .000,000.00) umbrella per occurrence combined single limit for Bodily Inlul'}' Uabllity and Property Damage Uabillty. Umbrella coverage must be afforded on a form' no more restrictive than the latest edition of the Business Automobile liabihty policy, without restrictive endorsements, as filed by with the state of Florida, and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (e) Employers' Non-Ownership 1.016 SUBCONTRACTS; The FIRM agrees that if any part of the Worll< under the Contract is . subler. the subcontract shall contain the same insurance provision as required by of the Firm. other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the worc:ll FIRM for CITY where applicable. 1.017 Fire and Extended Coye,.e Insurance (Builders' Risk). IF APPLICABLE: . C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, Including Vandalism" Malicious Mischief coverage. while in the course of construction, including foundations. additions, attachments and all permanent fixtures belonging to and constituting a part of Tlioml!l8 F. Papa 101131201' Page .; I of 61i 146 said bulldin. or structures. The policy or policies shall also cover machinery, if the cost of machinery Is included In the Connct. or if the machinery is located in a building that is being renovated by reason of this contract. The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be in the name of the CITY and the Firm. as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of Insurance OU' change in covenJilB! 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 coverase during the life of this Contract G. All deductible! must be dKlared by the FiRM! and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to tlhe CITY covering d1e same. H. The poliCies shall contain waiver of subroptlon apinst CITY where applicable. shall expressly provide that saJIch policy or policies are primary over mny other collectible IMurance that CITY may have. The CITY reserves the n&ht at any time to request a copy of the required policies for review. AI! policies shall cOlI'I\tain a "severability of interest" or "cross liability" clause without obliJation for premium payment of the CITY IS well as contractual liability provision covering the FIRM'S duty to indemnify the City IS prOVided in this Agreement. I. Wore scnrtIng the Work. !he FIRM shall delOver to the CITY certificates of such Insurance, acceptable to the CITY, as well as the insurance binder, If one is issued, the Insurance policy, Including the declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance aaent or broker through whom the policy was obtained. The Insurer shall be rated A. VII or better per A.M. Best's Key Rati"l Guide. latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of ~e Policy <as defined In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the fiRM shall'deliver, at the time of delivery of the insurance certificate, tDle follOwing endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomall F. Pepe 1811312016 "The City of South Miami is an additional insured. The Insurer shall pay all sums that the City of South Miami becomes lepaly obligated to pay as damages because of 'bodily Injury", 'property damage' , or "personal and advertising , Injury" and it will prOVide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 147 133 said buildings or SU"uctures. The policy or policies shal' also cover machinery, if the cost of machinery Is included In the Connct. or if the machinery is located in a building that is being renovated by reason og this contract. The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be in the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors perfOrming Work. D. All of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous; F. If any notice of cancellation of insurance or change in covenel! 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 securins other acceptable insurance prior to such cancellation, change. or expiration so as to provide continuous coverase as specified in this section and so as to maintain coverage during the life of this Contract G. All deductibles must fDe 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 shan procure a Bond, in a form satisfactory to tII1e CITY covering the same. H. The poliCies shall contain waiver of subroptlon apnst CITY where applicable. shall expressly provide that slJIch policy or policies are primary over mny other collectible 1II1Surance that CrN may have. The CITY reserves the right at any time to request a copy of the required policies for review. AI! policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contracwaillability provision covering the fiRM'S duty to indemnify the City as prOVided in this Agreement. I. Wore starting the Work, !he fiRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the onsurance 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 qent or broker through whom the policy was obtained. The Insurer shall be rated AVII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of ~e Policy (as defined In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall" deliver, at the time of delivery of the insurance certificate, the following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thomall F. Pepe 1811312016 "The City of South Miami is an additional insured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily Injury", 'property damage' , or "personal and advertising " Injury" and it will prOVide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 147 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shaDI be delivered to the City by certified mall, with proof of delivery to the C5ty." J. If the fiRM is providing professional seD"Vice5, such as would be provided by an architect. engineer, attorney, or accountant, to name ill few, then In such event and in addition to the above requirements. the fiRM shall also proVide Professional liability Insurance on a florida approved form in the amount of $1,000,000 with deductible per claim if any. not to exceed 5% of the limit of UabUIty providing for all sums which the F~RM shall become legally obligated to pay as damages for claims arlslnl out of the services or work performed by the FIRM its agents. representatives. Sub Contractors or assl.ns, or by any person employed 011" retalnecll by him In connection with this Azreement. 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 Professioillalliability ~nsurance. In the amount and under the terms specified above, whiclu Is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requorement G. The Firm accepts and voiuntarlly Incurs all risks ef any injuries, damases, lOr harm which mlJht alrDse during the wQrk or event that is occurring on the CITY's property due to the neliilence or other fault of the Firm or anyone acting through or on behalf of the firm. H. The Firm shall indemnify, defend, sive Mel hold CITY, its officers. affiliates, employees. successors and assigns, harmless from any and all damases. claims. liability. losses, claims. demands, suits, fln'es, Judgments or cost and expenses, Includln,lI"ea5onable attorneys fees, paralegal fees and investigative costs incidental there tQ 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. emission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm. its contractor/subcontractor or any of their officers, directors, asents. representatives, employees, or assigns, or anyone acting throUlh ell" on behalf of any of them, arising out of this Aireement, Incident to it, or resulting from the performance or nonQperformance of the Firm's cbllgations under this AGREEMENT. I. The Arm shall pay all claims, losses and expenses cf any kind or nature whatsoever. In connectiQn therewith, including the expense or loss of the CITY andlor its affected Thomas F. Pepe 1111:112016 Page 63 of 66 148 134 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written noticfl of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mall. with proof of delivery to the City." J. If the FIRM is providing prof'essionaB sflnices. such as would be provided by an architect, e"lineer, attorney, or accountant, to name a few, then in such event and in addition to the above reqJulrements. the fiRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $ B ,000,000 with deductible per claim If any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become lepl!y obligated to pay as damages for claims arising out of the $fIrrvices or work performed by the fiRM its agents. representatives, Sub Contractors or assigns, or by any person employed or retained by him In connection with this Azreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However. the FIRM may purchase Specific ProJect Professional liability Insurance, In the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier ulI1less aliBthoriz(ftd in writing by the city at the city's sole. absolute and unfettered discretion. G. The Firm acceptS and voluntarily incurs all risks of any injuries. damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the nezligence or other fault of the Farm or anyone acting through or on beha!f of the Firm. H. The Firm shall indemnify. defend, save and hold CITY, its officers, affiliates, employees. successors and assigns, harmless from all1Y and all damages. claims, liability, losses. claims. demands. suits, fin'es, judgments or cost and expenses, Including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appel~te 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 00" 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 00" 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 Alreement. Inddent to it. or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Rrm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection thereWith, including the expense or loss of the CITY and/or its affected Thoma F. Pepe 1011311016 148 officers, affiliates, employees, successors and assps, includinl their attorney's fees. in the defense of any action In law or equity brought against them and arising from the nepgent error, omission, or act of the Finn. its Sub-Contractor or any of their agents, representatives, employees, or assigns. and/or arising out of. or incident to, this Agreement. or incident to or resulting from the performance or non-performance of the Finn's obligations under this AGREEMENT. J. The Firm agrees and recognizes thzt neither the CITY nor Its officers, affiliates. employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm. Its contractor/subcontractor or any of their agents, representatives, employees, or assil"s, 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 tlhe FilJ'l11, CITY In no way assumes or shares responslbJnty or liability for the acts or omissions of dae Firm, its contractor/subcontractor or any of their agents. representatives, employees. or assigns, or anyone acting through or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami; which approval will not be unreasonably withheld. L However. as to desiln 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 subparaaraph shall appJf and this subparqraph 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 calJJsed by the negligence. recklessness, or Intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional In the performance of the contract Thomas IF. fepe IOJIJI2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 149 135 officers, affiliates, employees, successors and assigns, including their attorney's fees. in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Finn, its Sub-Contractor or any of their agents, representatives, 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 Firm's obligations under this AGREEMENT. J. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, Its co.ntractor/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 throuah or on behalf of them. K. The Finn has the duty to provide a defense with an attorney or law firm approved by the Ch¥ of Scud! 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 deslp 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. reasoll1able attorneys' fees. to the extent caused by the negligence. recklessness, or Intentionally wronJful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pep. IOIU12016 THIS IS INCLUDED IN THE GENERAl CONDITIONS END OF SECTION 149 QIJalificotion Stai'ernent -Part 2 -Standard Forms IEXHHIBIT #6 PIROfESSDOINIAl SIERVOCE AGREEMENT "Professional General !Engineering and Architectural Services" RIFQ #IPW20l i 6-22 THIS AGREEMENT made and entered into this ~ \ ~\ day of t\A~ ,20 \1 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 1,<n~""'w C who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and up'on written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or deSignee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as A TTACHMfNT .4: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page S I of 66 City of South Miami -RFQ iiPW2016-22 I Professional General Engineering and Architectural Services 114 136 Qualification Stal-ernent -Part 2 -Standard Forms EXHBBIT#6 PROfESSIONAL SERVICE AGREEMENT "Professional General !Engineering and Architectural Services" tRfQ #IPW10 D 6-21 THIS AGREEMENT made and entered into this ~\ ~\ day of t'\A~ ,20n 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 1-t;\t.\r\\; C who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as A ITACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page 51 of 66 City of South Miami -RFQ #PW2016-22I ' , , Professional General Engineering and Architectural Services Qualification Sta"i"emeni' -Pari 2 -Si'anc!ard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made' within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page 52 of 66 City of South Miami -RFQ ilPW2016-22\ ' ProfessionCiI General Engineering and Architectural Services 115 137 Qualification Statement -Part 2 -Si-andard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENTA. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made' within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page 52 of 66 City of South Miami -RFQ ifPW20l6-22 \ _ Professional General Engineering and Architectural Services 115 QuC!lification Stoj-6lTlent -Pari-2 -Siandmd Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end ofthe 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 day~ advanced notice to the CONSULTANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, -each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT 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 City of South Miami -RFQ #PW2016-22 I Professional General Engineering and Architectural Services 116 138 Qualification Staj'ement -Part 2 -StandOid 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. 12.0Warrant;y. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 day~ advanced notice to the CONSULTANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or re lating 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 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 City of South Miami -RFQ ItPW2016-22 I Professional General Engineeling and Architecturol Services 116 Qualification Staj"emenj" -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 lury Trial. CITY and CONSULTANT knowingly. irrevocably voluntarily and intentionally waive -any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding. lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for Singular wherever applicable. 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable. the remainder of this AGREEMENT. or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable. shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents. if any, and the rights and remedies available hereunder. and, in particular but without limitation. the warranties. guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to. and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity. by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page 54 of66 City of South Miami -RFQ ffPW2016-22I Professional General Engineering and Architectural Services 117 139 ~!uallficalion 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 Jury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive -any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 SeverabilitY. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page 54 of 66 City of South Miami -RFQ # PW20 16-221 Professional General Engineering and Architectural Services 117 Qualifico"j"jon Stoierneni" -Part 2 -S"condard Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. . 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take aJfirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City'S Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 5S of 66 City of Soulh Miami -RFQ IiPW2016-22 I ProfessionCiI General Engineering and Architectural Services 118 140 Qualification Statement -Part 2 -Standard Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. . . 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with ·all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page SS of 66 City of South Miami -RFQ #PW2016-22 I Professional General Engineering and Architectural Services 11 A Qualificaiion Statement -Part 2 -Si-andard Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) 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. UP THE CONTRACTOR HAS QUlIEST~OINlS iREGAIRDDINIG THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODBAINl OF PUIBD.JC RECORDS AT 305-663-6340; IE-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, fl33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 City of South Miami • RFQ #PW2016-22I. Professioncil General Engineering and Architectural Services I 19 141 Quollftcoiion Sto'j-ement -Part 2 -Si'ondord Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.1 19.070 I) 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 J. contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUIESTDONIS IREGARDDNG THE APPUCATBON OIF CHAPTER 0 ~9, IFlLORBDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PlIJBUC RIECORDS AT 305-663-6340; E-mail: mmell1ende:z:@southmiamifil.gov; 6 g 30 Sunset Drive, South Miami, IFlL 33 i 43. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 City of South Miami -RFQ #PW2016-22!. Professionctl General Engineering and Architectural Services I 19 ~luallficai.ion Stai'ement -Part 2 -S'I'anGard 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: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341 -0584 E-mail: toepe@southmiamifLgmc 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the reqUired corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. BtNI W~TINlIESS WHEREOf, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATT / I /1/'), f /;" ' I J...: /'/_,.. / . { i By:, ~" v \ v j /, , I t.-::.;·;i·ii.-J{,rf1L ..... l Maria M. Menendez,EMCI City Clerk ,'~ ~ C SUl:r· T:" • ByRa e a, , LE 0 P, Vice President Stantec Consulting Services Inc. (Print Name.~~ City of South Miami _--- .~.-.-~ .... -... --. • ,.-/7 By...·· ~"steven Alexander City Manager Page 57 of 66 City of South Miami -RFQ #PW20l6-22 I ProfessionCiI General Engineering and Architectural Services 120 142 {.)uallftcaj·ion Statement -Part 2 -Standard Forms delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifLgov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ! r By:, , /~ 1"1 " 7"'''~ "!' /'1 :. ,/ ... " / '. <.--\. ' . /:.. ' I t ::-' ti'.<J-t .. #(./"1 Mana M. Menendez, -EM'c .f City Clerk :/ Page 57 of 66 City of South Miami -RFQ #PW2016-22I ProfessionCiI General Engineering and Architectural Services 1 20 Read and Approved as to Form. language, legality and Execution thereof: . By: :~.a--:--~ Sf'an~ac Thomas F. Pepe. Esq. City Attorney Page 58 of 66 QualificoHon statement -Port 2 -Stclndard Forms Cily of Sovlh Miami· RFG ::PW2016·22 i ~ ProfessiOlKl1 General F.nginccring (lnd Mchilcclutol Selvices : I 21 143 Read and Approved as to Form. language, legality and Execution thereof: . By: :~&:T-:--~ stan~QC Thomas F. Pepe, Esq. City Attorney Page 58 of 66 Quoltficollon Statement -Port 2 -Standard Forms Cily of Soulh Miomi . RFO ::PW2016·221 , Professionol Generol Engineering and Mchilcclurol Selvices ! 1 ~1 (J~ South~mi nlf Oly 01' PlfASANT LIVING ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "P1rofusloBlml Genell'lll Engineering and Archltec~ural Services" IRFQ 8IPW2016-22 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 "Certlfied Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborfsts Services" is defined as: Q Certified Arborrl!S~ Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review i"eludes the initlaB 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 oftrees on both private and public property. The rotational list for "Certified Arborlsts Services" will rotate every three (3) months among the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. -- CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, Language, Legality and Execution thereof: By: 7~:~~<=/6~:> Thomas F. Pepe, City Attorney (Ii'!? of South ~ ..... -"" ,--'" By: ./"'---(- //steven Alexander, City Manager ( 144 ~~~) ~ami Ult on 0' PLfASNlT UVI/IC ADDlENDUM TO PROFESSIONAL SERVICE AGREIEMENT "Professlonal General Enllne.rlng and Architectural Servlcesn RFQ "PW2016-2Z The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. nCertified Arborlsts Services" is defined as: Q CeBtftfled Arlborlst Services: Consultant may be called! upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborlsts Servlce~ 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. By: c<;- /steven Alexander, City Manager ( (Name of Signatory) Read and Approved as to Form, Language, Thomas F. Pepe, City Attorney 1fhomas IF. PepGI 90/1312016 ATTACHIMlIEINIT A uICOIMl~IEINl$t~ilro@INlPP ~lRl@rrre~$U@INIAl $E~V8fClE ffi\~~lElEIMlIEINIT "1filIl'IDi<Bssiofl1mK @cellllflll'1lllEB1gDII'U<Ml1'lng ame!! AIl'clhl6tcectlUll1'mO $cetnfictf)a" IialF~ ~pwa® i ~~2~ Page Sf of 6\6 143 145 Thomas F. 'epe 10/13(2016 ATTACHMENT A "COIMlIfiENSATDOIN!" P~OflE$$B@INI.AlL $E~VBCIE AG~IE[ElMllElNll' sa~Ii'4ri' .. lofl'laH GeBllSIl"ZO hgDlIU(8fIl7'lnl mmII All'clhlltecWl7'aO $(lll'Wices" RIF~ ~Pwaoo 'all Page 59 of 66 143 Professional General Engineering & Architectural Services RfQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 146 Professional General Engineering & Architectural Services RFQ IfPW2016-22 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 $45.00 A "lIT A~!HlIMlIEINIT ,II INSURANCE &\ IINIDEMfNllFHCAYRON R~QUIIREMEINITS IJDROFI!$i§OOf/IDAL. I§ER\9ICIE £(!j~!IEIMlIEINT "frolelillilionaH Genell'lllllEngineerlng and AlI'Chitec:turaB S.rvlcelil·· RFQ AlPW2016a22 1.0 I 0 Insurance A Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the lPerformance of the cornna with the City of South Miami, whether such claim Is apnst die FIRM or any subDconnctor, or by anyone dlirectBy or ondirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shali Ibe Dssued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discr~on. The FIRM shall purchase Insurance from and shall maintain the insurance wltlll a company or companies lawfully authorized to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect'the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the fiRM's o.perations under the Contract and foD" which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontnctor or by anyone directly or indirectly employed ~ any of them. or by anyone for whose acts any of them may be lIabie: (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 damllles because of bodily injury. occupational sickness or disease. or death of the FIRM's employees; (c) cialms for damages because of bodily injury. sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages. other than to the Work itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (I) 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) cl30ms involving contractual liability insurance applicable to the FIRM's obligations under the Contract. '.0 II Fjrm's Insurance GeneraUy. 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 specifled hereinafter), the insurance coverage written on florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation law" of the State of Florida including Chapter 440, Florida: Statutes, .as presently written or hereafter amended. and all applicable federal laws. Thomas F.'. 10113110.6 Page 60 of 66 145 147 I 1 I I A1fTA~!HlMIEN"f.1m OINlSURAN€CE & ONfOl!!:IMlNlf8CA1'OON rit~QUIR~MEINlTS 1.010 Insurance "PrrotTeilsionalJ (ianell"llIIlElllginel8l1'ing md Arrltil1itl2liCtunilO $errvlltl!5l" ~!F!Q I¥fl!>Wl@U 'ala A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to insurance and Indemnification requirements) shall be required to proclUlre and maintain at its own expense during the life of the Contract, insurance oi 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 lPerformance of the contract with the City of South Miami, whether such claim Is apinst the FIRM 011' any subaconnctor. or by anyone directS)' or indirectly employed! by any of them 011' by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall !be ossued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FiRM shall purchase insurance from and shall maintain the insurance witlh a company or companies lawfully authorized to sell Insurance 1111 the State of flonda, on forms approved by the State O.f Florida, as will protect the FIRM. at a minimum. from all claims as set fonh below which may arise out of or result from the fiRM's operations under the Contract and for which the FIRM may be legally liable. whether such operations be by the FIRM or by at Subcontractor or by anyome directly or indirectly employed ~y any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation. disability benefit and other similar employee benefit acts which are applicable to the Work to !be performed; (b) claims for damages because of bodily injury. occupational sickness or disease. or death of the FIRM's employees; (c) cialms for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages. other than to the WDrk itself, because of injury to or destruction of tangible property, Including loss of use resulting there from; (I) claims for damages because of bodily injury. death of a persDn Dr 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) c:laams involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.01 I Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation law" of the State of Florida induding Chapter 440, Florida Statutes,as presently written or hereafter amended, and all applicable federal laws. Thomall IF. Il"epe 100Il/lOIG Page '0 of~6 145 In addition. the policies must include: Employers' liability at the statutory coverage amount. The FIRM shalHurther unsure that all of its Subcontractoll'S maintain appropriate levels of Worker's Compensation Insural11lce. i .013 . Commercial Comprehensive GenerafLiabilh,y insurance with broad form endorsement. as well as automobile liability. completed! operatioll1ls and products liability. contractual liability, severability of Interest with cross liability provision, and personal injulr)f and property damage liability with limits of $1,000.000 combined single limit per occurrence and $2.000.000 aggregate. including: o Personal Injury: $1.000,000; .. Medical Insurnnce: $5.000 per person; " Property Dzmage: $500.0100 each occurrence; I.O! 4 Umbrella Commercial ComlPrehensive GeneraO liabilitY insur.llD1ce shall be written on a florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2.000,000 Mnua! Agregate. Coverage must be afforded on a form no more restrictive than the latest edltlol1l 01 the Compreihlenslve Generalll2lbOlity policy, without restrictive endorsements. as flied by the Insurance Services Office, and must include: (a) Premises and Operraticm (b) Independent Contractors (e) Products and/or Completed Operations Hazard Cd) Explosion, Collapse and Underground Huard Coverage (e) Broad Form Property Damage (I) Broad form Contractual Coverage applicable to this specific Contract. including any hold harmless and/oD" indemnification ~reemeilt. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage liability. 1.0 I 5 Business Automobile Uabllity with minimum limits of One MUlion Doliall'S ($1,000,000.00) plus an additional One Million Dollar ($! .000,000.00) umbrella per occurrence combined single limit for Bodily injury liability and Property Oam;ge Uability. Umbrella coverage must be afforded on a form no more restrictive than me latest edition of the Business Automobile Liability policy. without restrictive endorsements. as filed by with the state og Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm. other than the Fire and Elttended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for clnr where applicable. 1.017 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construction of a structure. the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance 0111 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 Thoma IF. Pepe 1011312014 Page 610166 146 148 In addition, the policies must include: Employers' liability at the statutory coverase amount. The FIRM shall further insure that all of Its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 0.013 . Commercial Comprehensive General Uabilir,y insurance with broad form endorsement. as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aaregate, including: o Personallnlury: $1,000,000; • Medical Insurance: $5,000 per person: • Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial ComprehenSive General Liabili~ insurance shall be written on a florida approved form with the same coverage as the primary insurance policy blUt in the amoun~ of $1.000,000 per claim and $2,000,000 Ainnual Aggrepte. Coverage must be afforded en a form no more res1l:rictive thlm the latest edition of the Comprelrnensive General liability policy. without restrictive endorsements, as filed by me Insuranc!! Services Office. and must include: (a) Premises and! Operation (b) Independent ContJractors (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/oJl" indemnification agreement. (&) Personal Injury Coverage witlh Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required fOil" Bodily Injury liability and Property Damage Liability. 1.0 I 5 Business Automobile Uabillty with minimum limits of One Million Dollars ($1.000,000.00) plus an additional One Million Dollar ($1.000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage Uability. Umbrella coverage must be afforded on a form no more restrictive than dne latest edition of the Business Automobile liability policy, wighout restrictive endoD"semenl1:S, as flied by with the state of florida. and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownershlp 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coyerqe Insurance (Builders' Risk). IF APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain. with an Insurance Company or Insunlnce Companies acceptable to the CITY, ftBroad" form/All Risk Ilnsurance on buildings and structures, including Vandalism" Malicious Mischief coverage. while in the course of construction. including foundations, additions, attachments and all permanent fixtlLIres belonging to and consdtutlng a part of Thomas F. Pepe 1011312016 Pap 61 0166 146 said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery Is included In the Contract, or if the machDnery is located in a building that is being renovated by reason of dils contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be in "the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance orr 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 responsib~e for securing other accepcable insurance prior to such cancellation. change, or expiration so as to provide continuous cover'lle as specified In this section and so as to maintain coverage dUrri"l the life of this Contract. G. Ali deductible! must Ibe declared by the FIRM and must bIB approved by the CITY. At the option of the CITY. either the FIRM shall eliminate or reduce such deductible or the fIRM shall procure a Bond. in a form satisfactory to the CITY covering the same. H. The policies shall contain waiver of subroptlon apnst CITY where applicable. shall expressly provide that slUlch policy or policies are primasy 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. Ali policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as weli as contractualliabi~6ty provision covering the FIRM'S duty to indemnify the City as prOVided in this Agreement. I. 1Bet'0rG starting the Work. die FIRM shall delBver to the CITY certificates of such insurance. acceptable to the CITY. as well as the insurance binder. if one is issuea1, 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 AVII or better per A.M. Best's Key Rating Guide. latest edition aneB authori:zed to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the Scate of Florida and they must remain in full force and effect for the duration of the connct period with the CITY. The FIRM may be required by the CITY, at its sole discretion. to provide a "certified copy" of the Policy (as deflned in Article I of this document) which shall include the declaration page and all required endorsements. In addition. the FIRM shal' " 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: Tholl1ll F. Pepe 1011 Jl201 6 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily InJury", 'property damage' • or "personal and advertiSing injury" and it will provide to the City all of the coverage that Is typically provided under the scandard Florida approved forms for commercial general liability coverage A and coverage a"; Page 62 of 66 147 149 said buildings or structures. The policy or policies shall also cover machinery, If the cost of machinery Is included In the Contract. or if the machfinery Is located in a building that: Is being renovated by reason of this contract. The amount of Insurance must, at all times, be at least equal to the lI"'eplacement and actual cash value of the Insured property. The policy shall be in 'the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.018 Miscellaneous: F. If any notice of cancellation of insurance 00' 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 responsib~e for securing other accepcable insurance prior to such cancellation. change, or expiration so as to provide continlllous coverage as specified In this section and so as to mawntain coverage during the life of this Contract. G. Ali deductilbles must Ibe declared by the fiRM and must bee approved by the CITY. At the option of the CITY. either the FIRM shall eliminate all" reduce such deductible or the FIRM shall procure a Bond, In a form satisf'mctory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies arre primary ovell"' any other collectible Insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies flOr review. Ali plOlicies shall contain a "severability of imerest" or "cross liability" clause without obligation for premium payment of the CITY as weli as contractUaillabl~ity provision covering the fiRM'S duty to indemnify the City as provided In this Agreement. I. !Before starting the Work. ttae FIRM shall delKver to the CI"N certificates of such insurance, acceptable to the CITY, as well as the insurance binder. if one is DssuecD, 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 AVII or better per A.M. Best's Key Rating Guide, latest edition aneD authorized to issue insurance in the Scate of Florida. All insurance policies must be written on forms approved by the Scate of Florida and they must remain in full force and effect for the duration of the connet !)8rlod with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition. the FIRM shall'dellver, at the time of delivery of the insurance certificate, me follOwing endorsements: ' (3) a policy provision or an endorsement with substantially similar provisions as follows: Tholl1ll F. Pepe 1011 Jl201 6 "The City of South Miami is an additional Insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily InJury", 'property damage' , or "personal and advertiSing injury" and it will provide to the City all of the coverage that 15 typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; Page 62 of 66 147 (4) a policy provision or an endorsement with substaBltially similar provisions as follows: "This policy shall Blot be cancelled (including cancellation for non-payment of premium). terminated or mmterially modified without first giving the City of South Miami ten (00) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail. with proof of delivery to the City." J. If the FIRM is providing professional services, such as would be provided by an architect. engineer. attorney. or accountalnt, to name a few. then in such event and in addition to the above requirements. the FIRM shall also provide Professional Liability Insurance on a florida approved form In the amount of $ B .000,000 with deductible per claim if any. not to exceed 5% of the limit of liability providing for all sums which the F!RM shall become legally obligated to pay as daB112lges for claims arising out of the services or work performed by the FIRM its agents. representatives. Sub Contractors or assigns. or by any person employed or retainecll by him in connection with this Agreement. This insull"ance shall be maintrunedi for fo~r years after completion of the consU'uctioll1 and acceptance of any Project covered by thBs Agreement. However, the fiRM may purchase SpeiCIf\e Projecf: Professional liability ill1Sl1Uclnce. In the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier uU1less illBthorized in writing by the city at the city's sole. absolute and unfettered discretion. G. The Firm accepts and voluntarily Incurs al! risks of any injuries. damages. or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone aaing through or on behalf of the firm. H. The firm shall indemnify. defend. save and hold CITY, its officers. affiliates. employees. successors and assigns. h;;nrmless from any and all damages, claims. liability. losses, claims. demands. suits. fines. Judgments or cost and expenses. Including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation, mediation. arbitration and at all appellate levels, which may be suffered by. or accrued against. charged to or recoverable from the City of South Miami. its officers. affiliates. employees. successors and assigns. by reason of any causes of actions or claim of any kind Oil" nature, including claims for injury to, or death of any person or persons and for the loss or damage to any pro~rty arising out of a negligent error. 'omission. misconduct, or any gross negligence. intentional act or harmful conduct of the Firm. its contractor/s18bcontJractor or any of their officers. directors. agents. representatives, employees, or assigns. or anyone acting through or on behalf of any of them. arising out of this Agreement. Incident to it, or resulting from the performance or Inon-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims. losses and expenses of any kind or nature whatsoever. in connection thereWith, including the expense or loss of the CITY and/or its affected Thomas F.iP'epe 0011312016 Page 63 of 66 148 150 (4) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (00) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." J. If the FIRM is providing professionaB services, such as would be provided by an architect. engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional liability Insurance on a florida approved form In the amount of $1,000,000 with deductible per claim If any, not to exceed 5% of the limit of liability providing for all sums whlcll'l the FRRM shall become leplly obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him In connection with this Agreement. This insulJ"ance shall be malnulned for fo~r years after completion of the construction and acceptance of My Pro~ct covered by tUln! Agreement. However, the fiRM may purchase Specific Project Professional liability inslUlnmce, In the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the city's sole, absolute and unfettered discretion. G. The Firm accepts and voluntarily Incurs all risks of any Injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or 8nyone acting through or on behalf of the firm. H. The Firm shall indemnify, defend, save and hold CITY. its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, Judgments or cost and expenses, Including reasonable attorney's fees, paralega~ fees and investigative costs incBdental there to and incurred prior to, during or following any litigation, mediztion, 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 contractorlsubcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement. Incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever. In connection therewith, including the expense or loss of the CITY and/or its affected Thornas F. Pepe 1811312016 Page':! of 66 148 officers, affiliates. employees, successors and assigns, including their attorney's fees, 1011 the defense of any action In law or equity brought against them and arising from the negligent error. omission, or act of the Firm, its Sub-Contrattor or any of their agents. representatives. employees, or assigns. and/or arising out of, or incident to, this Agreement. or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. J. The Firm aarees and recognizes that neither the CITY nor Iu officers, affiliates, employees, successors and assigns shall be held Biable or responsible for any claims, including the costs and expenses of defending such dalms which may result from or arise out of actions or omissions of the Firm, lu 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, approvilll or rejecting any submissions or acts of the Firm, CITY In no way assumes or shares responslbJnty or liability fOB" the acts 011" omissions of the Firm, its contractor/subcontractor or any of their agents. representatives, employees. cr uslgns. or anyone acting through or on behalf f:>f them. K. The Firm has the duty to provide a defense with an attorney or law flrm approved by the City of South Miami. which approval will not be unreasonably withheld. L However. as to design professionallContracts. and pursuant to Section 725.08 (U), FBorida Statutes. none of the provisions set forth herein above that are In conflict with this subparaaraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies. as well as to its officers and employees. is to indemnify and hold them harmless from liabilities, damages. losses, and costs, including. but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or Intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract Thomas F. Pepa 10II:tI2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 6' 149 151 officers, affiliates, employees, successors and assigns, including their attorney's fees, it" the defense of any action in law lOr equity brought against them and arising from the negligent errcr, omission, Of act of the Finn. its Sub-Contractor lOr any of their agents, representatives. emplcyees, or assigns. and/or arising out of, lOr incident to, this Agreement. or incident to or resulting from the performance or non-performance cf the Firm's obligaticns under this AGREEMENT. J. The Firm agrees and reccgnizes that neither the CITY nor its cfficers, affiliates, employees, successers and assigns shall be held liable or respcnsible for any claims. including the costs and expenses of defending such cialms which may result from or arise out of actions or omissions of the Firm, its contracter/subcontractor or any of their agents. representatives. employees, or assigns, or anyone acting through lOr en behalf of the them, and arising out of or concerning the work 011" event that is occurring en the CITY's pfoperty. In reviewing, approving or rejecting any submissions or acts cf t1he Firm, CITY In ne way assumes lOr shares responsiblilty or liability for the acts or omissions of the Firm, its contractor/subcontractor or any ef their agents, representatives, employees. or tiSslgns. or anyone acting through or en behalf IOf them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. L However. as to design professional contracts, and pursuant to Section 725.08 (~), FBorida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shal! set fanh the sole responsibility 01 the design professional concerning indemnification. Thus. the design professional's ebllgations 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' ~ees. to the extent caused by the negJigell\ce, recklessness, or Intentionally wrongful conduct of the design professional and other persons employed or lItiJized by the design professional in the performance ef the contract. Thomas ll'.iJDepe 1011:111016 THBS IS INCLUDED iN THE GENERAl CONDITIONS END OF SECTION Page 64 of 66 149 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Tel: (305) 445-2900 January 24, 2022 City of South Miami Public Works Engineering & Construction Division 4795 SW 75th Avenue Miami, FL 33155 Main: (305) 403-2063 Attention: Mr. Aurelio Carmenates, P.E. Capital Improvement Project Manager Reference: Alleyway Paving: Reconstruction, Milling and Resurfacing Behind SW 62 Ave from SW 64 Street to SW 68 Street (1,300 LF) City of South Miami, Florida Dear Mr. Carmenates : We are pleased to present this proposal for professional engineering services. The project consists of the design of improvements to the alleyway behind SW 62 Avenue from SW 64 St reet to SW 68 Street (approximately 1,300 LF). The existing alleyway is a twenty-five foot (25’) wide Right of Way; the south half of the alleyway, approximately 600 feet , consists of asphalt roadway in poor condition with potholes and exposed base. This area will be milled and resurfaced and pot holes will be repaired. The north section, approximately 700 feet, consists of gravel and rocky material; this will be properly designed and reconstructed with eleven feet (11) of asphalt one way north bound direction and seven (7) foot wide swales on each side, west and east. The centerline of the alleyway will be the high point pitching at both side of the swales. Swales will consist of standard sod with a centerline lower that the edge of pavement to receive stormwater runoff. No concrete work (curb, sidewalk, or gutters) is included in the scope of design. SCOPE OF SERVICES: Design Phase We will obtain a topographic survey of the project area for use in our design (see attached sub-consultant proposal). Our design plans will include geometry/layout, alleyway reconstruction, milling and resurfacing, sections, and details. Per our meeting onsite, no drainage will be required; therefore, we will only provide proposed elevations to maintain existing flow patterns. Permitting Phase Not Included in this proposal Procurement Assistance: During this phase Stantec will be available for Assistance as requested by the city. (Limited to 6 hours). Exclusions Permitting, electrical design, color renderings, certified arborist services, asphalt cores, geotechnical testing, drainage, environmental, landscaping, irrigation, and lighting are not included in our scope. 152 November 9, 2021 Page 2 of 2 Terms and Conditions: All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution 060-17-14861. Our fees shall be as follows. Design Phase (Lump Sum) .......................................................... $12,065 Procurement Assistance (Lump Sum) .......................................... $1,020 TOTAL: $13,085 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Thank you, Stantec Consulting Services Inc. Sean Compel, P.E., LEED AP, ENV SP Principal Tel: 305-445-2900 sean.compel@stantec.com City of South Miami Approved by: ____________________ ______________________ ______________ Signature Print Name Date V:\2156\business_development\215681119 City of South Miami\SW 62 Ave Alleyway\south_miami_SW 62 Ave Alleyway.docx 153 Stantec Consulting Services Inc.Fee Worksheet - Page 1 DATE: PROJECT: Design Phase Principal Senior Project Manager Senior Engineer Engineer Intern Senior CAD Tech Clerical Project coordination & file setup 2 2 Site visit and photo log 3 Cover sheet, Key Sheet & notes 2 2 3 Milling and resurfacing Plans 2 2 6 6 Alleyway recostruction 2 8 16 Typical Sections & Details 2 2 Quantities & Cost Estimate 1 2 2 Sub-Total Hours 2 9 0 25 29 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 100.00$ 45.00$ Labor Cost $360 $1,530 $0 $2,375 $2,900 $0 $7,165 $4,900 $12,065 Project Procurement Phase Principal Senior Project Manager Senior Engineer Engineer Intern Senior CAD Tech Clerical Assistance with Procurement 6 Sub-Total Hours 0 6 0 0 0 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 100.00$ 45.00$ Labor Cost $0 $1,020 $0 $0 $0 $0 $1,020 Total Fee:$13,085 Project Procurement Phase Total: FEE WORKSHEET November 9, 2021 Alleyway Reconstruction, Milling and resurfacing Behind SW 62 Ave from SW 64 St to SW 68 St (1,300 LF) Design Sub-Total: Survey: Design Phase Total: 154 SW 62 Ave Alley Between SW 64th St & SW 68 St Legend 800 ft N➤➤N 155 L O N G I T U D E SURVEYORS L O N G I T U D E SURVEYORS 7769 NW 48 Street Suite 375 Doral, FL 33166 305.463.0912 Longitude Surveyors LLC Mr. Carlos M. Herdocia, PE, LEED AP Project Manager Stantec 901 Ponce de Leon Boulevard Suite 900 Coral Gables, FL 33134 Dear Mr. Herdocia, We are pleased to enclose the requested Proposal for Surveying Services. Please see attached detailed information on our planned approach for the Scope of Services. We look forward to working with you on this Project. Longitude Surveyors LLC 156 L O N G I T U D E SURVEYORS LONGITUDE SURVEYORS 7715 nw 48th street suite 310 ▪ doral, FL 33166 ▪ ph: 305.463.0912 ▪ fax: 305.513.5680 Friday, October 22, 2021 VIA EMAIL: Carlos.Herdocia@Stantec.com 62ND AVENUE ALLEYWAY Carlos M. Herdocia, P.E. LEED AP, Project Manager 901 Ponce de Leon Boulevard Suite 900 Coral Gables, Florida 33134 RE: Surveying services for SW 62nd Avenue Alleyway, South Miami, FL Dear Mr. Herdocia, Pursuant to your request regarding a fee estimate for Surveying and Mapping services for the above-referenced project, Longitude Surveyors LLC (LS) is pleased to submit the following Proposal for your consideration. A. Scope of Work- Topographic/Tree Survey: Longitude will perform a Topographic/Tree Survey including the following information: • Right-of-Way and property lines for the project area, property lines, side lot lines, and adjacent properties will be shown graphically. • A graphical baseline will be created and included. • Longitude Surveyors will collect overhead utilities, curb and gutters, paved roads, driveways, sidewalks at either end of the Survey limits, light poles, power poles, fences, signs, manholes, catch basins, valves/valve boxes, and any other above-ground improvements within Survey limits. • LS will prepare a Tree Survey and will locate all trees and palms having a 3-inch diameter or greater at breast height (DBH) or being 12-feet in height or greater to include the following for each: scientific name, common name, diameter at breast height (DBH), height of tree, and canopy within project limits. • Elevations will be collected equivalent to a 50-foot grid, including edge of pavement, center of pavement, center of swale, edge of asphalt, and center line within Survey limits. • Longitude will collect rim elevations, bottom elevations and inverts of drainage and sanitary structures within Survey limits. . • LS will attempt to determine pipe diameters and material of drainage and sanitary structures within Survey limits. • A digital terrain model (DTM) will be provided. • LS will set TBM’s outside the project limits, in locations where they can be used by the contractor during construction. • The Survey will be geo-referenced to the Florida State Plane Coordinate System, based on the North American Datum of 1983/2011 and elevations referenced to NGVD29. • All elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29). B. Deliverables: LS will prepare a PDF and CAD file of the resulting Survey. Signed and sealed hard copies will be provided upon request. C. Survey Limits: The alleyway commencing at the southwest corner of the intersection of SW 64 Street & SW 62 Avenue in South Miami, Florida 33143, as per attached Exhibit provided by Client. D. Fee: The total professional fee to complete the Scope of Services shall be a lump sum of $4,900.00. 157 LONGITUDE SURVEYORS 7769 NW 48 Street ▪ Suite 375 ▪ Doral, FL 33166 ▪ Ph: 305.463.0912 ▪ Fax: 305.513.5680 I agree that by signing below “I APPROVE AND ACCEPT” this Proposal as a legal binding contract. By: Date: (Authorized Signature) Title: (Typed or printed name) Respectfully Yours, Eduardo M. Suarez, PSM/President 158 SW 62 Ave Alley Between SW 64th St & SW 68 St Legend 800 ft N➤➤N 159 160 (/) W ~ (/) 0 W \f) o I 70 II") w z ---- (/) W 1-00 <[(") 1-'-- (/)(") W\iJ o II") 1 351 I 35 NUEVO MUNDO 6801 ~-'€3~" ~ ~ij\,-/,u'~6 5 4 ~. ~/ --. " ~, ' V/ \ 69 LN. @ :) ""' ,e., I~ ~ ~ 1 • 3 AURORA L@ !~§ S -II ,~~ ~ :~ o II") o \f) LUDLAM PARK 65/55 a II") GARDENS 69/9 ,~ a \f) a \f) MER ON PARK MA DR THIRD ADDITION 6517 MERION si" PfRK 57/54 '" 1~.i::i 1(',,"~ 1Z(l NORTON MANOR 67/132 50 LA'WRENCE , .. o II") II") M 13'U5 HOMESITES SUNSET 42/32 T'WII LI KES 50 MAN[R S~ ~'?' (;'<' 50 VILLAS 15/42 BEAVER HOMESITES 41169 50 ~ 50 2l} 48 6265 50 5182 7009 6233 !@ ; SUB 7000 ' 7150- 7160 6201 4/111 35 25 I I "' OJ in -- ~ 4 S'W 25 4025 I ~ : I I I ~ I o co f+-1-----o ru o W r"---· > « • W > « • (/) • " In co z )< o I- o In T AX FOLIO NO. 09-4025- S,'W.25 SEC. 25-54-40 NORTH , . o w III ~ '" .. (I) Z o I- U w III ll..-o >- I-- U I l- =:) o if) o ~ I ~. L() I Lf) N • u w U1 ATLAS NO. 9 I 161 () Stantec I I I [ f l ! I Designed by: 1 ! I I ~ I [ I I 1 i J [ r ~ 1 I i I J 1 j I I I l Checked by: