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Res No 041-22-15794RESOLUTION NO.: 041-22-15794 A Resolution authorizing the City Manager to issue a professional service work order to Stantec Consulting Services, Inc., for the development of construction documents for five (5) speed humps. WHEREAS, the City Mayor and Commission wish to obtain construction documents to provide five (5) speed humps as a result of the Citywide Traffic Calming Study; 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 $12,350 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 the development of construction documents for five (5) speed humps for a total amount not to exceed $12,350. WHEREAS, the expenditure shall be charged to the People's Transportation Tax Fund Account number 124-1730-541-6490 which has a balance of$ 948,455.26 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 the development of construction documents for five (5) speed humps for a total amount not to exceed $12,350. The expenditure is to be charged to the People's Transportation Tax Fund Account number 124-1730-541-6490 which has a balance of$ 948,455.26 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 4 1-22-1 5794 Section 4: Severa bility. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or un constitutional by a court of competent jurisdiction, the holding will not affect the validity of the remai ni ng portions of this resolution. Section 5: Effecti ve Date: This resolution will become effective immediately upon adoption. PASSED AND ADOP TED this 19th day of April, 2022 . ATTEST: c,~i~ READ AND APPRO VE D AS TO FORM, LANGUAGE , LEGA LI TY, AND EXECUTION T~ev!ii tATTORNEV J APPROVED: COMMISSION VOTE: Mayor Philips : Commissioner Harris: Commiss ione r Gil: Comm issioner Liebman : Commissioner Corey: Pa ge 2 o f 2 5-0 Yea Yea Yea Yea Yea Agenda Item No:2. City Commission Agenda Item Report Meeting Date: April 19, 2022 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to issue a professional service work order to Stantec Consulting Services, Inc., for the development of construction documents for five (5) speed humps. 3/5 (City Manager-Public Works & Engineering) Suggested Action: Attachments: Memo Prof Serv Stantec for Speed Humps.docx Reso_Memo_Prof_Serv_Stantec_for_Speed_HumpsCArev.docx Res No 060-17-14861.pdf Stantec Agreement Renewal 4-15-2020.pdf south-miami-speed-humps-proposal.pdf Amendment No.1 to the Intergovernmental Agreement EXECUTED.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:April 5, 2022 SUBJECT:A Resolution authorizing the City Manager to execute a professional service work order to StantecConsulting Services,Inc., for the development of construction documents for five (5) speed humps. BACKGROUND:The project will entail the development of construction documents for five (5) speed humps as a result of the Citywide Traffic Calming study and in accordance with Amendment #1 to the Interlocal Agreement between the City of South Miami and Miami-Dade County Department of Transportation & Public Works at the following locations: 1. SW 59 Ave north of 76 Street 2. SW 59 Ave south of 76 Street 3. SW 60 Place south of 42 Street 4. SW 64 Place north of 58 Terrace 5. SW 78 Street west of 62 Avenue The Scope will consist of obtaining an aerial photograph and drafting existing right of way, edge of pavement and center line of construction for the areas of the proposed speed humps. No topographic or boundary survey will be obtained. A field assessment of existing conditions will be conducted including a photo record and the proposed locations will avoid existing driveway. Existing sloping, grading, and drainage patterns will be maintained; therefore, no new drainage is proposed. Services include submittal to Miami-Dade County Traffic and Engineering Division for their review and approval. In order to meet the aforementioned requirement, Stantec Consulting Services, Inc., was requested to provide a cost proposal as the next City’s rotation list consultant. On March 10, 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 $ 12,350. Please refer to the consultant contract and fee schedule. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM FUND &ACCOUNT:The expenditure shall be charged $12,350 to the to the People’s Transportation Tax Fund Account number 124-1730-541-6490 which has a balance of $ 948,455.26 before this request was made. ATTACHMENTS:Resolution Resolution #060-17-14861 Professional Service Agreement Renewal Stantec Consulting Services Inc., proposal dated March 10, 2022 Amendment#1 to the Interlocal Agreement executed December 31,2019 3 6 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 1 of 2 7 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: ~ {Ytff444.f) RM, UTION Page 2 of 2 COMMISSION VOTE: 5-0 Mayor Stoddard: Vice Mayor Welsh: Yea Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea 8 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 Steven Alexander, City Manager March 21, 2017 Agenda Item No.,Jl) A Resolution authorizing the Cty 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 Glordano Group Consulting Engineering Behar Eng. Sharl 92 93 96 100 97 Kamal! 96 98 Grizel 91 91 96 95 95 97 90 Martinez Jane 85 70 90 90 BS Tompkins 80 90 TOTAL 268 254 282 285 271 279 278 RANK 7 8 1 5 3 4 TY LIN 100 96 75 271 5 9 THE CITY OF PLEASANT LIVING VENDORS& PROPOSAL AMOUNT! FUND& ACCOUNT: ATTACHMENTS: 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 10 ;~:;·. . . •-. f'.,7:;:i'•_,·:? .it ~:t: CITY OF SOUTH MIAMI "Professional General Engineering and Architectural Services" RFQ #PW2016-22 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 IICSM") 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 Qual.ifications" 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_all be •n accordance with Florida. Statute 287.055, "Consultants Competitive Negotiation Act." AI_I 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 Ci_ty Manager (or manager's designee), for the City of South Miami as the context warrants or unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ #PW2016-22 titled "Professional General Engineering and Architectural Services." The purpose of this RFQ is to contract for the services necessary. for the completion of the project in accordance with the ScOf)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.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 unb~und ,proposal, five (5) additional copies, 3-ring binders are not permitted, anc:! 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 t~e sealed proposal is delivered: "Professional General Engineering and Architectural Services," RFQ #PW2016-22 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than I 0:00 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 of 66 11 A public 9p.ening will take place at I 0:00 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 IO 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, Fl 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 RFQ Package. The City reserves the _right to reject all responses to this RFQ· and to reject all persons Who respond to this solicitation, as well as the right of the City to_ waive any_ irregularity in the . responses _to this RFQ or the RFQ procedure and the right to award a continuing service contract to more than one Respondent when they are all of equal rank. Thomas F, Pepe I 0/13/2016 Page 2 of 66 Maria M. Menendez, CMC ~ity Clerk _ City of South Miami 12 SCOPE OF SERVICES and SCHEDULE OF VALUES "Professional General Engineering and Architectural Services" . RFQ #PW2016-22 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I. Thomas F. Pepe 10/13/2016 END OF SECTION Page 3 of 66 13 SCHEDULE OF EVENTS "Professional General Engineering and Architectural Services" . . RFQ #PW2016-22 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 I 0/13/2016 Date* Time* '(EST) 10/26/2016 . 2:00 PM · I I/ I 5/20 16 2:00 PM ' 11/21/2016 10:00 AM 11/29/2016 1.0:00 AM 12/5/2016 10:00 AM 12/20/2016 7:00 PM 14 · INSTRUCTIONS for RESPONDENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE _TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON. THE RFQ FORM. I. Purpose of RFQ; The City of South Miami is requesting proposals for the lowest and-most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal ·is found to be in the best interests of the City. · 2 .. Qualification of Proposing Firm.· Response submittals to this RFQ will be 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 the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any Thomas F. Pepe I 0/13/2016 Page 5 of 66 15 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 was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the · proposals received, along with a request for permission to withdraw the firm's Proposal; and d). The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers · adequate documentation to the City to support the explanation and to show that the error was not the result of gross .. negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall 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 11nci the City will notify all prospective firms via the City's website. · I 0. 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 all written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City's Procurement Division. Thomas F. Pepe 10/13/2016 Page 6 of 66 16 WITH REGARD TO TH'= COUNTY'S C()NE 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 BELClW. 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 written 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 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. 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 10/13/2016 Page 7 of 66 17 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 ln th.e event the City deems pi:-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) To modify the Contrac~ 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¢ific. 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 ,- 18 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 lnsu.rability. · 18. Goods: If goods are fo 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 •iapproved equal", it is ·for th·e purpose of establishing a grade or qualify of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such · item(s). The City shall be the sole judge concerning the merits of items proposed as equals. · b) Pricing: Prices should be stated in units of quantity specified in the Proposal · Form. In case of a discrepancy, the ·City reserves the right to make the final determination at the lowest net cost to the City. . c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of 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 ( I 0) 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 19 Miami reserves . the. right to accept any su(:h 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 by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. tiabiiity, ·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 · 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 .?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 10/13/2016 Page 10 of 66 20 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 on a contract to provide. any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being . placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than· a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the · award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to · reject, award, or not award a contract, as applicable, unless the claim is based solely on . allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may tiave 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 10/13/2016 Page 11 of 66 21 30. Performance. and. Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of I 00% of the total Proposal Price,. including Alternates if any, naming the City of South Miami. and the entity that may be providing a source of funding for the Work, as the obligee, as · security for the faithful performance of the Contract and for the payment of all persons or · entities performing labor, services and/or furnishing materials in connection herewith. The . . bonds shall be with a surety coQ1pany authorized to do business in the State of Florida. 30.1. . Each Performance Borid shall be in the amount of one hundred percent fl 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 ( I 00%) of the Contra.ct Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material m~n. ·1aborers, or subcontractor employed pursuant to this Project. · 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 authority as acceptable surety on federal bonds in ·accordance with the United States Department of Treasury Circular 570, current revisions. . 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the forr:n of contract that is part of this RFQ package, the successful Respondent, within ten ( I 0) 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 10/1312016 Page 12 of 66 22 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 Wor:k. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT I, "Scope of Services.. and Exhibit #2 · . "Supplemental lnstructi~ns 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 iri 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 10/13/2016 END OF SECTION Page 13 of 66 23 PROPOS~L SUBMITT~L CHECKLIST FORM "Professional General· Engineering an~ Architectural Services" RFQ #PW2016-22 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_nclude the following items: Attachments and Other Documents deset·ibed below Cf 1 1ec c to be Completed X ---- X X ---- IF MARKED WITH AN "X": Cornpleted. One_(I) original unbound proposal, five (S) 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, EXHIB.IT2 Indemnification and Insurance Documents EXHIBIT 4 X Signed Contract Documents, Professional Services Agreement, . EXHIBIT6 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 "'f ransaction 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 I 0/13/2016 END OF SECTION Page 14 of 66 24 RESPONDENT QUALIFICATION STATEMENT "Professional General Engineering and Arc;:hitectural Services" RFQ #PW~016-22 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 IO 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 ----------------- ----------------- 25 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. . I 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 I 0/13/2016 Page 16 of 66 26 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 10/13/2016 Page 17 of 66 27 LIST OF PROPOSED SUB CONSULTANTS/ SUBCONTRACTORS AND PRINCIPAL s·uPPLIERS "ftrofessional General Engineering and Architectural Services" RFQ--#PW2016-22 · Respondent shall list all proposed sub-consultants/subcontractors, assuming sub~consultants/subcontractors are allowed by the terms of this RFQ to be used on.this project if they are awarded the Contra<;t.-_ Classification of Worlc 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 , Survey\ng & Mapping Mechanical, Electrical Plumbing (MEP) Construction Management & Construction Engineering Inspection . Services (CEI) Other: Respondents to this solicitation shall provide and include this listing with their Proposal. Thomas F. Pepe I 0/13/2016 END OF SECTION Page 18 of 66 28 . 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 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 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 l 29 STATE OF FLORrDA 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\lame(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/she/they 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 30 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 a11y 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 OFA 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 addr......,,l..hL ________________ _ and (if applicable) its _________ (If the Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of the 2. individual signing this sworn statement: ______________________ .) 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 Page 21 of 66 Thomas F. Pepe 10/13/2016 31 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 ail adjudication of guilt, in any federal or state trial court of record relati_ng 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 contend ere. 4. I understand that ·an "affiliate" as defined in Paragraph 287.1 ·33 (I) (a), Florida s. 6. _ 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 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 tha~ 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 F_lorida during the preceding 36 months shall be considered an affiliate. 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. 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 Page 22 of 66 Thomas F. Pepe 10/13/2016 32 ' 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-of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR _THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS. FORM IS VALID THROUGH DECEMBER 31 OF._THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS . OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN TP-IE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day ____________ ,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 I 0/13/2016 Form PUR 7068 (Rev.06/11/92) Page 23 of 66 of 33 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 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 bu.siness shall: · I) Publish a statement notifying employees that the unlawful manufacture, distribution; dispensing, possession, or use of a controlled substance is prnhibited 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 v:iolations. 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 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 bt the terms of the statement and shall notify the employee o{ 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 I 0/13/2016 Page 24 of 66 34 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 (ConsuJtant) 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 35 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 "Listings" summarized below, Respondents mus_t "Check if Applies" next to the applicable "Listing." The "Listings''. can be accessed through the following li.nk 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 PENAL TY 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 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 List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Thomas F. Pepe I 0/13/2016 (Print name of Declarant) By: _________ _ (Signature of Declarant) Page 26 of 66 / i t t f l I f 36 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/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: :rhomas F. Pepe I 0/13/2016 SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Page 27 of 66 37 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 SA-I 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 SA-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 any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Hrm, has any relative(s), as defined in section SA-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 (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for · the city, other than as follows: _______ {use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ______________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Thomas F.Pepe 10/13/2016 Page 28 of 66 38 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, not 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 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:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other. than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, 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 I 0/13/2016 Page 29 of 66 39 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 lirie, 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 document. Specifically, after the opening of any responses. to a solicitation, J · 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. ( I 0) 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 imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered oy 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, information and belief. Signature: ____________ _ Print Name & Title: ______________ _ Date: ------------ Thomas F. Pepe 10/13/2016 Page 30 of 66 I I l 40 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 1 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. ( I 0) 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 10/13/2016 Page 31 of 66 41 (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 commissic>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 l~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!'led 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 of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. ( <t) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(l)-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 trai;isaction voidable. The remaining provisions of subsection (c:) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term ·defined in paragraph (b)(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) Gi~s. ( 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. (l)Exceptions. The provisions of paragraph (e)(I) shall not apply to: Thomas F. Pepe I 0/13/2016 Page 32 of 66 42 a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's householc:l, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b )(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 officiiil 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 il public meetjng 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 official 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)(I) 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 10/13/2016 Page 33 of 66 43 (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 1-11 of the Code of Mfami:-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 outside employment, the nature of the work being done and any · amount of money or other consideration· received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees ~r gro1:,1ps 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 44 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 interestJ. 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~mending ,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 wheri 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,p,plication 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)(I) 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 I 0/13/2016 Page 35 of 66 45 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)inions 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 t_he 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 of_a name. (Ord. No: 6-99-/680, § 2, 3-2-99) E4itor's note-Ord; No. 6-99-1680, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ BA-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. 11, 1969. Thomas F. Pepe I 0/13/2016 Page 36 of 66 46 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 presentati9n 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 I 0/13/2016 Print name of entity being represented END OF SECTION Page 37 of 66 47 .EXHIBIT#I SCOPE OF-SERVICES· Professional General Engineering and Architectural Services" RFQ #PW2016-22 The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," is seeking to retai!'l the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architectµral 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:id specifications and/or provide construction management services for specific projects as defined by the City. The construction management services or Construction Engi11eering 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 mu_nicipalities, 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 10/13/2016 Page 38 of 66 48 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 tQ 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 and Sewer Department criteria and specifications for donation projects, as required by the City. • Structural {building and misc. components) Includes the design, calculations and analysis needed to prepare a complete set of construction documents for misc. structures, retaining wall, culverts, building structures, as needed including foundation designs. • Environmental Engineering Includes field data· collection, site investigations, env1ronmental assessments and design -as needed to prepare remediation plans for underground stor~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 49 •· 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 ·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 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 inc;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 -Engineer or Arcf:aitect 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 ~tar:idard 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 50 EXHIBIT#2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS "Professional General Engineering and Architectural Services" RFQ #PW2016-22 The submittal must name all persons or entities interested in the submittal as principals. The submittal must declare that it is made without collusion with any other person or entity submitting a submittal pursuant to this RFQ. Each firm shall. only submit once as a prime and may participate as a 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 l.etter must name all of the persons authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent· of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length; 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: Thomas F. Pepe 10/13/2016 A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (I) unbound original and five (5) copies, 3-ring binders are not ,permitted. One (I)· digital or com-parable medium including Flash Drive, DVD or CD copy is ALSO required. Submission ,packages shall be tabbed according to a Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy a:nd the five (5) copies must be exact duplicates of the original submission. Page 41 of 66 l I 51 Thomas F. Pepe 10/13/2016 FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE .. B. Titie Page S_how 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 #PW201.6-22. C. Table of Contents . . Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct .a meaningful evaluation of the prop<'>s~d services. The Qualification Statein.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 IO pages single-sided. Where (I) through (3) contain more than th~ IO 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 app,roach 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 52 description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. · 4~ Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, 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, 0MB #9000-0157 and Expires I 1/30/2017, in support of the services requested by this RFQ. SF 330 can be downloaded from: http:/lwww.gsa.gov/portal/forms/d~wnload/ I 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 10/13/2016 END OF SECTION Page 43 of 66 53 EXHIBIT#J CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE "Professional General Engineering and Architectural Services" RFQ #PW2016-22 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: https://www.municode.com/library/fl/south _ miami/ codes/land_ development_ code Thomas F. Pepe 10/13/2016 END OF SECTION Page 44 of 66 54 EXHIBIT#4 INSURANCE & INDEMNIFICATION REQUIREMENTS "Professional General Engineering and Architectural Services" RFQ #PW2016-22 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 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 res1.,1lting 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 10/13/2016 Page 45 of 66 55 440, 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 I 0/13/2016 Page 46 of 66 56 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 l~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 shaU 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 ii:isurance 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 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 57 (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 ( I 0) 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 inight arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. . B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and.all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate· levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property · arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10/13/2016 Page 48 of 66 58 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, omissic;>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 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 49 of 66 59 .EXHIBIT#S EVALUATION .AN.D SELECTION CRITERIA "Professional General Engineering and Architectural Services" RFQ #PW2016-22 Scoring and Ranking Phase I :-Competitive Selection-Ranking; maximum I 00 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 subseq1:,1ent 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: I 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 I "Scope of Services," the City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar agreements. The C_ity 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 10/13/2016 END OF SECTION Page SO of 66 60 EXHIBIT#6 PROFESSIONAL SERVICE AGREEMENT "Professional ~eneral Engineering and Architectural Services" RFQ #PWlO 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"). lri 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 jssued by the City Manager, or his designee; following the signing of this AGREEMENT. This AGREEMENT does not confer on the . CONSUL TANT 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 CONSULT ANT. · 1.2 The CITY agrees that it will furnish to the CONSUL TANT 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 f>roceed and upon written request of _the CONSUL TANT. 2.0 Scope of Services. The CONSUL TANT 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 CONSULT ANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSUL TANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULT ANT. . 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 CONSULT ANT 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 CONSULT ANT 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 10/13/2016 Page 51 of 66 61 wages, benefits, overhead and profit and that shall be in writing, ·signed by the CONSULT ANT 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 CONSUL TANT for all authorized WORK· performed. during the previous calendar mohth 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 perf~rmed and approved in writing by the City Manager. · 6.0 Right of Decisions. All services shall be performed by the CONSUL TANT 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 an· claims, questions, and disputes shall be final, conclusive an~ binding upon the parties un!ess such determination is clearly arbitrary or unreasonable. In the event that t~e CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 ·c1TY. The CITY will not unreasonably withhold and/or delay i~ consent to the assignment · of the CONSUL TANT's rights. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULT ANT 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 l 1.0 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 r i t_ 62 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 CONSULT ANT 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 CONSULT ANT 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 r_eason 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 CONSUL TANT, 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 CONSULT ANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. . . . . 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by, the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the terin 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 CONSUL TANT will only be compensated for any completed professional services and CONSULT ANT 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 CONSULT ANT shall return such sums to the CITY within teri (I 0) 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 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 CONSULT ANT 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 10/13/2016 Page 53 of 66 63 AGREEMENT. 19.0 Taxes. CONSUL TANT 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. CONSUL TANT 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. This AGREEMENT shall be binding upon and •inure to the benefit of the City of South Miami and CONSUL TANT 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 fs 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 !ury Trial. CITY and CONSULTANT . knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury iii 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 Severabilit;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 AGREEf".IENT, 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 CONSUL TANT 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 10/13/2016 Page 54 of 66 64 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 aAy · 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 CONSULT ANT, 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 CONSULT ANT 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 CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSUL TANT 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 10/13/2016 Page 55 of 66 65 anyone other than the parties hereto, and that only the parties hereto shal.l have any rights hereunder. 35.0 Further Assurances. The parties herete 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 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 For_ce 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 CONSUL TANT 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 CONSULT ANT is bound. 40.0 Public Records: CONSULT ANT and all c;,f 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 CONSUL TANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULT ANT 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 10/13/2016 Page 56 of 66 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) 668-2510 Fax: (305) 663-6345 E-mai I: salexander@south miamifl .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 CONSULT ANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSUL TANT 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 CONSUL TANT 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 67 Read and Approved as to Form, Language, Legality and Execution thereof: By: ---------- Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 10/13/2016 Page 58 of 66 68 Thomas F. Pepe 10/13/2016 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" . RFQ-#PW2016-ll Page S9 of 66 69 ATTACHMENT· B INSURANCE & INDEMNlflCATION·REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT "Professional.General Engineeririg and Architectural Services" RFQ #PW2016-22 1.0 IO 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 CIJY 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 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 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 10/13/2016 Page 60 of 66 70 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 71 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 duri~g the period of this contrac;t, 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~e 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 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, a'.s 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 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 foll~wing endorsements: (3) a policy provision or an endorsement with substantially similar provisions as Thomas F. Pepe I 0/13/2016 follows: · "The City of South Miami is an additional insured. The insurer·shall pay all sums that the City of South Miami becomes legally obligated to pay 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 72 (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 ( I 0) 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_ty at the city's sole, absolute and unfettered discretion. Indemnification Requirement G. The Firm accepts and voluntarily. incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the C_ITY'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 10/13/2016 Page 63 of 66 73 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 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 I 0/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 74 EXHIBIT#7 "Professional General Engineering and Architectural Services" RFQ #PW2016-22 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered,.when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, ·when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest ·Letter and the required filing fee are received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. ·The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. 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 I 0/ 13/2016- Page 65 of 66 75 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 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 (f) 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 10/13/2016 END OF DOCUMENT Page 66 0{66 76 Date: ,RFQ Title: RFQ No.: . Pleue. Print Cl~arly (i',, South1'Miami THE Cl'JY OF PLEASANT LIVING Pre-Bid Conference Sig~•ln Sheet . November I 5, 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 77 Date: RFQ Title: RFQ No.: . Please Print Clearly II ~ Soud,,Miami THE CITY OF Pl~SANT LIVING Pre-Bid Conference Sign-In Sheet November I 5, 2016 Professional General Engineering and Architectural Services PW2016-22 X:\Furchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 78 Date: RFQ Title: RFQ No.: F'lease .Prb1t C:::le.,-ly SoutOOiami THE cnv OF PlEASAN't LIVING Pre-Bid Conference Sign-In Sheet November 15, 2016 Professional General Engineering and Architectural Services PW2016.;,22 Name/Title Company Narne/ E-mail Address Telephone No. 5 11 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 (i). South{i'Miami THE CITY OF PLEASANT LIVINC Pre-Bid Conference Siin-ln 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\Fre-Bid Meeting Sign-In Sheet.doc 80 Date: RFQ Title: RFQ No.: II ·(7) South{fMiami THE CITY OF PLE/\SANT LIVING Pre-Bid Conference Sign-In Sheet November IS, 2016 Professional General Engineering and Architectural Services PW20i6-22 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2016 Professional Engineering Services\Pre Bid\Pre-Bid Meeting Sign-In Sheet.doc 81 BID OPENING REPORT . Bids were opened on: Monday, December 5, 2016 after: 10:00am . For: RFO # PW 2016-22 Professional General Engineering & Architectural Servkes COMPANIES THAT SUBMITTED PROPOSALS: A.D.A. ENGINEERING, INC .................................................... , .............. . BERMELLO AJAMIL & PARTNERS, INC ............................................. .. CALVIN GIORDANO & ASSOCIATES, INC ......................................... .. CPH .................................................................. : .................................... .. EAC CONSULTANTS .......... , .................................................................. . FERNANDEZ--BERAUD, INC .............................................................. . KEITH AND ASSOCIATES, INC ........................ : ................................... . KEITH AND SCHNARS ......................................................................... .. MARl::IN-ENGINEERING, INC .............................. , ............................... . MILLER LEGG........................................................................................ · PISTORINO & ALAM CONSULTING ENGINEERING, INC ................ . R.J. BEHAR & COMPANY, INC .......................................................... ,. RODRIGUEZ AND QUfROGA, ARCHITECTS CHARTERED ............. .. SOL -ARCH_., • • , • , . , • , , • , • • , • S.R.S. ENGINEERING, INC ................................................................ .. STANTEC ............................................................................................ .. THE CORRADl~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 HA VE BEEN COMPLETELY REVIEWED. City Clerk: MARIAM. MENENDEZ Print Name Witness:_. __ :5o ____ -"=-h--'-'"'~W:~e~hcc--s ...... f~e_._1c:_ Print Name Witness: ____________ _ Print Name . ,--- Si ature · Signature 82 83 84 '·I •·-\\?> ;: >: ·.: ;/· .. :'.~}: ,, ... ,_ /,~~~~ 85 Evaluator Shari Kamali Grizel l,Vlartinez Jane Tompkins TOTAL RANK Evaluator Shari Kaman Evaluator Grizel Martinez Evaluator Jane Tompkins PROFESSIONAL GENERAL ENGINEERING & ARCHITECTURAL SERVICES RFQ #PW2016-22 · SHORT LIST INTERVIEWS FINAL RANKINGS -FEBRUARY 1, 2017 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 ;~~~~-~--~:-~•~::~;-,:~:~•:,:•,,,~ --~----~----. ---=;===s =:::!!!!i!I 111 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 Corri:ldino EAC: ·Marlin RJ !3ehar . SRS Eng. Giordano Group Consulting Engineering 85 70 90 90 80 85 Stantec TYLIN 98 100 ·90 96 . 90 . 75 278 . 271 5 Stantec TYLIN 98 100. ' Stantec TYLIN · 90 96 . -Stantec TYLIN 90 75 86 MIAMI DAILY BUSINESS REVIEW Published 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 M,ami Daily Business Review f/k/a 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 AavertIsement of Notice in the matter o! NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -MAR 21, 2017 in the XXXX Court, was published in said newspaper in the issues of 03/10/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami. in said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously 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 Miam, in said Miami-Dade County, Florida,. for a period of one year next preceding the firs! publicat,on of the attached copy· of advertisement, and afflant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission Sw 10 this advertisement for . :\\\\\\IIIHB01e1,,,,. 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 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 Staniec for general engineering services on an as needed basis. An Ordinance amending' the Land Development Code, Article ·11, "Definitions", Section 20-2.3, "Oefinitions•, and .Article Ill, "Zoning Regulations", Sections 20-3.3(D) "Permitted Use Schedule" and 20-3.4(6) "Special Requirements" adding subsection (24) relating lo Medical Marijuana Cehters and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in the"City of South Miami. Ari Ordinance amending Section 20-2.3 of the City of South Miami Land Development Code, creating a definition for "ijeauty/Barber Shop. or Beauty Spa" uses; and amending Section 20-3.3(D) and Section 20-7.12 .concerning permitted uses of Beauty Shops, Barber Shc;,ps 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 pe heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC . City Clerk ~'''\. 1HOMAs )1'''-'i §' • • 0 • • •• •• ~ Pursuant to Florida Statutes 286.0105, the City hereby advises the public ---1-~:,,;.-£._.....ft.-""'-":L...L..J~.::...-"=<--;.it----..... ~~i.lM:s516r 'N l••• " • that if a person decides to appeal any decision made by this Board, Agency (SEAL) :° cJ'j ~"~'oe < .,..., ~••• ~; or C~mmission with respect to any matter considered at its meeting or MARIA MESA personally known lo me _ : $ ~ ~ ~: * :· hearing, he or she will need a record of the proc11edi11gs, _and that for such : * : c,, • e 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,.\ 0• ~~ upon which the appeal 1s to be based. . . · · ~-?~•• •••,,}J~ 3/10 17-85/0000205560M ~ ~rr 000 o• <~' ~ ~,,,. '°UP O 0 • D ODO~<. C"-~ '1111, r::JLJC Si I\' \.~\"-'Ii i,,,,,,nm,,,~~ I I l 87 6A I Local (r State · DEATHS I JOHN W. WALSH, 68 1 ru1n11\i!irrulb 15UIIIA.YIIARCKUl011 tlWIIKEIAlOCOM Helped start organizations to fight lung disorder A y,ear l!'11rller.1n 2004, WalshhadtheSAmemi1• ,ion when hd. u,..foundtd and htc;'llftt 11,t Onit prelll- tlenl ofthe COPD Founih,1ianinCo(\)\\111 (;l(l\"t1 wllh a sc.mnd pffiel!' in WNhlugfon. Ht folloMd with 1h11 coro Mwc:ie, p«ipom Md lh• c-.ona,es-- lioa."11 COl'DCaucns lo push for mort fundtngfor rcw:arth and }1-lrient atctAS. ln.20141 Walsh, who lived tnConilOablas, wac 1Jected 1(1 the Natillnal Hea11h Countll's board cf dhKtors. achltvu IUld • lepnd in tbt H RU\"AllDC01111" ,varh! of OOl'D IUll\rht ~...u.-M.,-,en1tic:rnnnn,ll1dA1- phn•l1"'sAld BobCamphelJ, 1111 ndlJkms of An11a• Alpha•! communications ICIIIMJU"•rinJfrnmcbrt'niC dlMctnr. ohfflucdvepulmanmy "Ahahsolutelcgendln MIIR 111J llw g,nelit' the 0.lduf palil.DladVO\.'ll.• fnrml'alltd.AntiblpJjn q,,"MnrARt1atin,C'..F.Oaf DefK:itncy(Alpha·J)have rht Nadon:alHeallhCoun• bl ab, aDy iD lhe fi,t\t IO cU, Sftiil ln a Slllc:mtint. • hrtnJ111.W2ttntf:!' Ind rdlda Ill 19891 W11t•h M'IIS a eutt for the.deadly lung member or um:tll group of diseon. . peuplc--t~»thonS,00U1t Rusmes11111•n J,.hn W:tbht Use lime -whn had bten • co..fOW1dtr of the corn diagnosed wt1hAJpha-J. 11 Fouado11on nnd the /Jpba•J i,.""~lJcQffldition 1halbad Ff'Ulld:.UcmflndAIJ'h:INtr. CRDRdlheCOrDOw died Wednudny Ill the plaped uoiM!y Walsh, but ffl.ult ofinjuril:ahc 111.ffaecl hllitwi.n brother tUcl, a;imr inafaDniotitth:m:tyur ~,Mdlheirml'lhct. as:oonanlcy1ttnrtn whodlfdat46fmmthe W11blnpm. HI? Wd61. d1Hu11. "ll'hnlr.Nl,inr::i.ct,•111ru c:ornl11nltttndi:1,c- TOWN OF SOUTHWEST RANCHES NOTICE OF PUBLIC HEARING Tne Town Council o• the Town ol Scw:rweS1 Rer.ehe!. will 1noo1 aa. a publlc hoaring at 7'00 PM on TI,u1sday, Maren 23, 2017 a, v,, SouthWG'&t Ra.'tOtles Counr.i! Chambers. localed Bl •~◄ OD Gliflin ROIU'I'. S'luUlwasl Rancnas. FL 33330. Tne mn:1ng 1$ op91'1 10 \he pubfc t'ndwid a co!KIUC1ed i., ecconiar:ce wr.h the provts.ons of Ftorkfalaw. WAN EB OF PLA.T • Conaldsnitton ofWswaror ?kl Apr,bc:ai1Ml No. WP-16·16 tc sl.lbc&vttl8 &PPfDXimarely 11.5 ne, OC.181 Into ~w:, ktls of 7.fi find 3.65 CCICI or:d 0.27-acta 1o ba ae6oalad I'S ugtil-ol-way: oan•na•ly (ocamd ot 1he nor1hweal cosnur al SU1Unt Road and SW 13o=-Avenue. Roberl L&\lfln, peritionar; Pdlar Co"1~1ar.15. Jnr .. agenL A copy of tru& r,,oposad en1:ctini,nl mil)' be ~peciad by 1no pucilic ct 1!-.a lawn ot 9~u1nwas1 F\;u':ctln Tovrn Hall d..t1"0 ,-g111&r business liO.JII Comrnents of any ln181'~sled party refal.'ve lo lheso maUeR rnay ba 1-b""iltu,d h willing anoi(lr prasr-:ed In person ~ Iha moating. SHOutD ANY PERSON DESIRE TO APDE.\L ANY DECISION MADE BY THE BfJARO. AGENCY ore COUNCIL, WITH RESPECT TO AH~ MATTER TO 95 CONSIDERED AT THESE IAEETINGS oq HEARINGS, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS. ANO IT WL.L 8E I!!li!R AESPQNSIBILJTY TO ENSURE Tt!A.T A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. INCLUDING ALL TESTIIM>NV AND EVIDENCE UPON WHICH ,.,,., APPEAL MAY 8E BASED (F.S. ........ ,. Pleasu call i954\ 434-00QB rot any quasm1 regartt.:,g UteD.boVemal191S. TI-ers 1118f bo 0CCO:SiCIIS When one or n10,e Board, Ag..-q. orCoul'C•M&mb11,swllp111iclpa111by ltlepho.,a. Al the lbOve lot'l!ion 1ha~ Wdl bll Pl81811I I IPH~W talspnone so ;t1a1 any ltiletelted parson ca11 Bllend !ha meedngru.lt'leabOWloc:l!onai'dbo Mtvlnlormedoftho discuaaion5 tawng ptieeelr!\ar In peogon or ~y hllep?-,or,e cosn-nunicadon. Two or men rnonibetc or an1 olhor Town Comm!lleO, 8oaro. Agency, a, Counoil, who aro no1 tll&mbers o! 1h11 board may a'l'.end Ulil mealing ar,d ~ at WP. filhO, d~ss ""IElt'OtS O:'! which foleseeaDla ac:ian may lala, D& to!Ce'\ by lh&l.r Commh:ee, Boafd, Agency. ar Col.Inc.(. In aecordanca wllh 1he A1nerleali1 Wilh OfublsliN Acl oi 1ua. all J,Bl&OnS wrm a,a dlsl!blad and who need specie! act:ornrnodations 10 participate In lnl5 procaading becaun ol 1ha1 diaabiily should contact lhe TovP" r.lerk, (954) 434-0008, no Jaler lhan IWD businesa de,. puor 10 such procoCtDings. If ;in indi\·id:.,nl is hearing or sptMCh lrnpabad. pleaae call (8(10) 955-8771 {V• TDDJ. RumU C. MuNz. A11111attl Town Aa111!11.slri11DrtTown Clert nostdiuatltastl21111Jlion ptople ill &ht Unil\'!J Stllfl, 11ndtslllt"lhtrdnwstcnm• man cause o( dtalli in tht countly1 according 1u lh9 Amttican 1.un,Am,cbition. AI'lhOUsh iris oltencallrd a 11fluokl!r's ibl.tut," many Jll!Ople WJID h,,vt COPJ> ntver a1nabd. 'l'hfft Is no ..... tn reOJllt with tbe AJ- phR-1 dtf1c:ltncy1 tht liver lnp.sondJl!stru)'f moJt, or :Ill, nf the r,oteu11 th=if the bodyn1Wr to protectlht lunp from irrihlnls like ci?Htti-smoke, :drJ'(lllu• don and Infections. Alpbil-11 1vhkhcM 1111,, ~odU!t Um cbm:111:e, b the moitccirn- monlnown gumic ruk fact.ct f-.ir COrD rind b rautd frnm 11ne ahnorm:11 ienc from each parenL or1he 12nl!UiLmp,vpl11 dil!S'lt>ff:d wilh c-.orD, up to 3 rtrc::tnlof thnn mny h:w1 Alph::i.-1, a.xonlinglo the Al1-lln-t ft>uudalirtn. Liale wu known by the pubhc ormt-&h,!IJ comm\ini• ty whtn Wn1sh, wht1 never sruoked, :1111d hi• brother, wbu MWklld, sought treat- rnenl for their &h:ued,.ymp- loms-RYett alltr[der, :iilotUli!lt of 'hre11h imd. re&pirawy rirntilenv:. The National InsrJtutcs o[ Hiahh~oAfinntd the Wabbts.' diaJmNb in J9tt9 and the pnlr johttd IM Jl81tncy'1 sludyon Alpha-I. . WhenthcNlH•tudy ~nded in 199S, tht NIK dwtloj'al A proh:in lhcr-- :!Pf. Wold,, ltom in Arlin,:- TOWN OF SOUTHWEST RANCHES NOTICE OF COMPREHENSIVE PLAN AMENDMENT n.. ToWfl Council wilt Dllllduo1 ll PllbliC ha1111ng at 7 DD PM D11 Mlafcti. 23, 2017 at ll'IO Souh¥HI Auchos To#ft Hall Joi::111ad Ill \3~00 Qriftin Aoarl. S0111hW11t Randloo:. FL 33:130 lo coMldcr Uwt 1olowing ordinaqoe on coc::,lld raad!riv. A~ OADIN.ANCE OF TtiE TOWN OF SOUTHWEST RANCliES. FLOAlDA. APPAOVINB AN UPDATE TO THE TEM-VE"A'R WATEll. SUPPLY' FACIUTIES PLAN ("WSFP·) AND ADOPTING Alrrf IMPI.EIIIENTlNGt /1.MENDMENT TO Tliii BOAL&, OBJECTIVES AND POLICIES OF THE CA.PIT/1.L ltdPAOVEMEN18 ELEMENT OF tHE TOWN OF SOUTHWEST RANCHES CDM:PREtiENSIVE PLAN. AUTHORIZINB TRANSMITTAL Of" THE W8FP UPDATE AND C0t.llPAEHEN81VE" PLAN AMENDMEll..'T TO RIMEWlNG AGENCIES: PROVIDING FOR COl&tlCT. PRO\IIDING FOR SEVEAABILITV.AND. PROVIDING FOR "Pf EFFECTIVE DA.TE, {AJipro111d on fi•sl Rudlrtf on t-lovtrnbar 10. 2:016) TbD mooting will be DFUII ID 11'1• pullllc and wlll to OORdUCICld In llCCGrdinCO w!tfl 1110 p1o'nalDl'll ')f nD11da L.V-, Tho propmMd ordinanc:o conGe1na Qff\Clndments ,~ lho l&'ltl ol tho COffiprellon11111cPlot1sha1opp~lown-wldo, /I. Cll,Y al IM IWl,SIC)IIIO.J ordlll8noo lflllY l,t il'--tttit* lq IIO!t s,ul-1:.: at 1M To.,.r. of ,, ... ,111:w-nt A11n:,wa Tc.w.1 Hh• 1111Jntil 11gul,r bUIIP.411 IIOll'L. Lall (SISIII "34-0oo.! lor h10111 lnkif1ne:4111. COll'l""!!',18 Ol 11.PW" lllllre~ llnrtt !!-la!M: 1:: tfitH ~"ftl':.t1111Ybtt•11l>rnittP.1111,ur,1i•u"""4/o,PAt•••l"ii11r,.,0011 111111.,n,..iir,a. ~ULO A.NY PER&C>~I DESIRE TO A?PEA.L /4Hf OECISJCN UAOE" BY fHf eOAq[J, AGF.SCY on COU~CJ; VlilH RE'SPECT Tc;. »rt MATTER TC BE CONEIDEREO AT JHESE MEETttJm. OR HEARINGS ll(AT PCRSON Will NEm -. RECCRD Cf THE PROCEEDING~. Af,D n Wilt BE Jl:iEl9 ~ TO EtalURE THAT A 'JEReAIUA RECORD 0!=-ill£ PF.0CE£~I1'lGS £ MADE. !NtWD!l,&G ALL 1[S111'.11Jf'IY AM:) EV!iJf;l.ct: IJll(lll Wlt~lt NN l\l'l'CI\. tJNI BE BA,i;eo IF,i 2tUtOSj. ri.:,w r.1111 (OS,&) ,134-0008 fol •hY Q;tslifl"l(8G8tci-"911\ISIIO\'lnlll:it1!. 1Mta ffl"V 11a ace..sb11s \Yr.ol'J on1 Cl rorot Bc;ud, AqaA .. "'\', e,.r Ca:i;l'ICII !I.amt-en; wll t-lUllcl~ t,y :•N"r-PfOn.. Ill thlt l1ll4Voo ID~IICI~, lt\ote wD Lt i,ruerl M 1:11111<,r t~l!li,r.011\! m Ill.Ill. l'l°•Y "'1r.,icu;cdr,oitn.,,..11,.ncn:rlhom'!IDl"'9llti-oft110116kif:alic,n 11iw tie luO-, 11,lcined DI llio: cfileuuic.M UHa!J plti.:.i ITlllV: UI l"IIOJ' or Lt lth~M'rt com ,l'J"l-:ahl:lf'I. Two or nnn, 1119m\J111S ::I Dny olh•r lGWl'J Cc:1"r--d1111a, B1,1a"'J.A~. N" Co\;flQI WftO l,.'IOlln11'1111tof1('llh;.t,oud1n,ya-Jel\dtt111:1111,etingandhiDr llt trial time, cfo!iCIIIS INll'Afl ('ft~ fo•ttellflb!t-acbon may lalitr bit ,-u,, Ii~ 111ts-Go,111!111:we. lk.old, Ag.nc:y, o• C0t.ndl f:-llf!f".t11d1rN Wl;tl th■ An1,tica,,i,. ~II Oiailbl!.1111 N:1 al 19!0. 1111 110:U>"lll \lllho 11c .J11w.~:.1 1111d wt.o nmt •»c~ •croin·'IDitll;on,1;:J'Arlir;iua1io1n.lhll(Ht!:Hffif!gl,era11111ol lt.31 dllllbl.ay cbr,4M :onlJc.l lho Tc,wn Cktt. (K-1) 434-4008. 0: bttr llilm ,_ Wslnwl 'lll'I• »110• IC ain:,'-i OIOCl,t•ir:-,s. I! en ihdlvld&IDI ii Mr.:in.g :tt saOKt, lr,1p:iirea, rla111e call (6001 1155-117;"1 IV-TDD}. Ri.-utd Mill~ ~IDIII ltwn Ad1"Ul\illlait.,1I 10Wl'I Cforll John Walsh. piclwed in hit, Coconut GrOlle office in 200s. fo\mded sweral South F1onda organizations to hghf lung dao,de,s. ~n::~n:!~~-~OPD Foundation. ton, Masni:huseu,, bud tiecnlivin,:inMb1mifnrtw,, yearsforitsclfm:11e. While a1.t.,,nding a support Jn'UJI in West Palm fll!ltch, ht tnird monc)'tnproduce1:1CO &h.tt p,ovidtd infom1ation . nl\Alplm-1. . Ht ms determined to do mure.11mt Simi! ~o1r1 Wals-h :111d l\\:C'I fel)nw Al• rtw1 as ahty called thcm- sclYea,tiunn S\ftnlry anJ Sandy l.rnn)', created tht Alpl1::1-t Found:idon in CCI• conut GtoVC, followed b}• AlphnNet, A dflitnat :\nd huflh fflmnJfflltDI t'Ompa• ny that provMrs-suv.ice• ror )'ll!:or]ewjththtdtficic11L1"· The nonprofhsquicldy flt1urishedwitb(ITlllll1i m11tchin1tfunds, odwic,icy and mf'lue~, leading to ll'M;U'l:b a!llltrt nation• wicle,includinft:1-tHotvftrd, 111 pne therapJ propmn for W lungru\J;Jivtl DI Uni• . veu1ty nf flnrlrb ,mrl Uni- varsltr uf Califomaa a, Saii Dlegu, aud11.n.AJpl1;1-l reg:b- try 11t the MedtcnJ Uru• ,..,,stty Gt SoU1h Cuolino. 'Jbl! TlClnpttiflt,: Jlffll fflive tl'l11cd millil'hs fm rcr.c11rch, "OUrmirdonuto;n.it, ourselves outo1 busl.Mas, • W:'llsh raid the Mia.mi Jin• aid in 2OOs. "We wans 10 rnreA1ph."t•J." MIAMI "John was n fnrmer Ann)' k.angtr. ThouB,b.hnr.is afruld of heigh!~ hi!' volw1• lffn«l for Aultomt-Scffll<II and bt,11mt a. puawoper, litQll!ki pnrai:huk Jwupin1 out of plane1b a re')Wred lkillfora11U1Btr.'Ib:l.t sholdd ll'Df0\la1ol abuul rht&1renjtthoftur:ch11r• actet, wUJ aml c::ommltment tolJUISion,"slUdMarda ltitdu1,lho-Alp}ul-1Fau11• darlon't thief operating officet. "John.had lha.t aslnnu:h• ing powtr that people ftt when they have hlJht-1mgy and ~ou f« 1cmethin1t and a willingness ro dc,·ole thdrllre to i11 '° C11upbell J:'1d. "Htw;:i,:sl:lrlmtrram atfnyJlilbtnlbase. H1bftd 1\11 powi::rbak'. Sfarted·with UNJt fi1nrbntt, Jlut he ti11ill the core lltgmiDtion of tht /llphl·l world and U11!n lhc rnrt faunclntionnflhc coro world Th-at's an 181.onlth!nJnumbcrof nc:mt'\'O:mtii~ In n btdt over 2O;enrs." Walsh t, 1Un'l.ved by his wift Dinnc, claupn.er Und111 fll'.UJClclaugbtez l.Oy1 his brolhtr !'ri!tl, and sisren !ius:in Ferrn and Judy Wabh. The family pl-am a Pfiv~te cclehralinn<lf"life. HDl'm'dCoJ1tm l0.:.-.476•.11Sff, (ltHffll'tlrdColitn DCF lawyers not in contempt, judge finds BY 0\11.01.JIAUIN ,-111,1,J;R rmorlli11Gl'lf,_1flmill ,_ A !tllamt fudse bas ruled 1halsratrchlldwtlfa1t· J:awyer,wtrt not in con• tt:mpr of coun when they ,::nvt ht'ferronrous In· formi1lon about a girl ~vlu, war bl the ,amc home as A rusl~•r liblins, who bangc-d hanelf-whill!' hvHtream- lng cm F'ncetiook. Mlaim Clrnail Jud.gt." MmS>mf"'dro•lalmo, who brads tht cire11it'1 dlllJ v."t"lfzrc dlvision1 ht-lJ. • betting earller thi• "·eclc to dt.temunl! \'ihether the D~-y.llUUl:111. uf Cll.ildwn at Familit1' ChildRn's LegAI Strvl«s had bten in CO\l"' ll"DIPI of Cllwt \9hcn Jaw• JC!tS psovid,d her infonna• lion. that rb,, judge htlievtd lobtfat«-. The informalian rcr• tainud IO thl' id.:nlity ot l\\'l>tultwhowt.n·Jivinp:iu the sumr Ml:tmi G:wdens Costi.:r bomr as 14-ycar-old Naikc Vi:nant, who bana;.?J. hets,elfon FacehoDkl.ive, Arthf hearing Wt'dl\i:a;da!-'1 Cl.$ bwycn h11brtd lhty m~e fl mis~ t:ike III idrntlfi·inJone of th.-girls, bt1I luid no in· rendo11 of 01ldcadi11s the jud,:e. In a abort urd1.-r 11pwJ Friday, S•ttLrtffl•IJIHi• r:i: !;:r:h~•:n;:r.::n·- l:lwyc:r in Miami, Clariu• Cabtr;o, Mlt DPl guHty of iudiJ,=cJ dvil conlempt. •sated on the evide1K'e pri:senlcd nl rhe headna, th,• cunetl lnfonwnion hWi been teceivcd hy the court," S.mp,!dro-lahsl11 wtMc. "'U\t eVi..trnc,· •f11rtheriridlcare•tl1atmj- thn CLS nor CabN,a: will· fullyfalln! lo rC'tlJlply" ,~th an order Sampedro•lfiesb siplLld on Ft-11 22. CITY OF SOUTII MIAMI COURTK'iY NOTICF. NOTJt:li' L..: IU!:ll!ll\ p_.,n 111111111: Oily C't.n:illlnlon 01 lb: Clly of~. i.ih \1a:.,n1. Aou,t.. •ill r,.11111•11'1 1'.,.....ll&»in.&(11au11n:p,\aar'IU (:C,,,icn,:.nl'lln.-l'l~._.M"d11bflC'1'0rllL'..b} J.1ai,,.ti.?1 :i.•li.ll:rina1-.;.i 1:FlOr rr.. ti ,ti.: Cn1 t, 1111111,•i.-.'l(;b>nl-V.~ f•IVl$t.11orc• llrin. 1t, .... r.~.1s1 !lit "11,~1,mii;,,: ➔ EARN $380 • $1,000 OR MORE A WEEK! +-( /\ k.•,n,"i~INI 11tlhill'llll!f ,u&.r J.bu~IIC' Mer.II'•'""' :omuai.,-,..,,, r1fltla.•1 •oth H0\CC',on,ui1o11t\ \no J.1.Ulhl ~n,:,n,icrb\s.111-·. ~RS l'~lll."'effllJ".JII•• -1Wl~"1111m· Int ~lr11p11(ni:lgstt\'IU;•} 1111.cn1110..rJ..-.!h1n11. i\11 f1o,1i11.,n.,: :1i11Wnokt!J lllt 1.1111,J lk"'tl,:f,,,.,-.. t·~ Am:h. II. "1>tr•1ii11n• \;c~1Pn :!<~: .I. ·1>rnrnr..-..11".1r,l.'\1lv."ltlll, 7..,_l!ll:ll'1'1brii.ri1·•.M'f11"'":.c~,.'l,t1) l'Cl~l'"'!ii.bnl..ilt .. fttO.l:n-1 411!1 ·~..-i R.-cprc~1•111i" :.!Jift;Nli....-;11,,"DIJ.II r,W1':,: Ill' M-+..11 fd11:t,111N r-mr.'" .,:J ty1,o1.id.nr .J:h:!IIMIS ..-1:-1.n: ... :,1111 .:11.ct~ 1111l 1ttt4i1!wn; ''" -"~ .... ~ Mcj!IIJl:ll c::111cr• !11 ,1:~c-11> ,•IS'flllll1M1~11.- • Sell subScrtptlons at retail & community events • Make your cwn schedule • Work outdoors a Independently • Commlsslon base-, aggressive and competitl've oay • Must have transportation & insurance • Orientation provided • No exparf&nce necessary II• .!Uitnniiirrnm m:n)fflmlVMI .\11 111,'Ua;im.,: .. 111m-lin1 li:~11•"' llJ :., '" 1k tin 1•1 ~ M...nt< l-.S U:~I~ CM -.1.,.,-ir11.-11n:lin1:11>1 ·t~•t1lt..rt,:1"1i,,,ro1'll:.4t)S,.._,w111n:lfll.l.qs...l;,-,5::111'1:°!"-'\'\iD,1 ;:,J~;,,.,r. .'fl.1 I~ r,..i:.-:11,nr ~11n,11...,.11m ..r t.:ta11J /i.1M,r1, ~"ha ~r-:.nJ Jtt11111r "r:-1 MIJ S'fdl..a•r.1r111llir~11•'111• A11 llt.l:hMl<P ,,uorn-.bl.-:o-llup1,r 1 Arlwl,-1. i,;nu,o, :•1,1 ,,I th (".W rl lb.,Jt1w111·u I,• ..,.,,1 •11M.:.ma IM N '"' u ... f'IIIIP-'"' I'll l'l•o\1'.h,.,: I ... ,,c.,:,1111, 1,1 ......... ,~ .. ; 1h.: .S.'14h ).1:,:,,:c ~-~•-·) .... ......,.;.,;11•~·'"'"'•>'"""...-, .\I.I. -~)1•1lr.nii.,..r.-lntn.-J1,0111t<fll,i,o,l .. ;ut-.1~:.r,L ]'l11r,v,111-:inr,,nn,, .. n.1•1!'11•····"" .... ''-""r,:,_f('].1\"'0:r,:r ... l(t,.t,(,U'"o•,;,,:. \l.,i.,J,ll'lo-;.-1iJr1(:.\1t· r~,C~II< 88 EXHBBDT#6 PROIF~SSDONAL SERVOCE AGIREEIMIIEINIT "!Professional General !Engineering and Architectural Services'' RFQ #PW2@16-ll ? \ ~-\-t'\ -11:a.c.~ \7 THIS AGREEMENT made and entered into this !stk day of Becember-, 20¼6. 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 EAC 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 Provisjons 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 CONSUL TANT 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 CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSUL TANT 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 CONSUL TANT. 2.0 Scope of Services. The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT. · 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 CONSUL TANT and if such an agreement is reached, it shall be in writing, signed by the CONSUL TANT 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 CONSUL TANT agrees to accept, for the services rendered punuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all T'-nasF.Pepe 10/1312016 PageSI of66 89 wages. benefits. overhead and profit and that shall be in writing. signed by the CONSUL TANT and the Coty Manager and attached hereto as AITACIHIMIEIMT Ji\. 5.0 Payment and Partial Payments. The CffY 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 llffTACHMENir A or. if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSUL TANrs 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 representative1s decisions upon all claims, questions, and disputes shaH be final. conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. !n the event that the CONSIUl TANT does not concur In the judgment of the representative as to any decisions made by him. CONSUL TANT 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 CONSUL TANT related to this AGIREIEMIENT 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 CONSUL TANT 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 increasecll due to inaccurate, incomplete, or noncurrent wage rates and other facttial unit costs. All such contll"act adjustments must be made within one year following the end of the contract. 10.0 Subletting, The CONSULT ANT 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 CONSUL TANT 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 AUens; 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. Page52of6'· Thomas IF. IP'epe 10/1312016 90 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 .. J 2.0 Warranty. The CONSUL TANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSUL 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. 13.0Termlnation, 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 CONSUL TANT, and in either event the CITY's sole obligation to the CONSUL TANT 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 TANT 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 CONSUl TANT. However, in no event shall the term exceed fwe (S) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSUL TANT will only be compensated for any completed professional services and CONSUL TANT 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 CONSUL TANT shall return such sums to the CITY within ten ( I 0) 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 lndemnifJcation 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 CONSUL TANT 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 CONSULT ANT 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 of66 Thomas F. Pepe 10/1311016 91 AGRIEEMENT. 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 Drug Free Workplace. CONSUL TANT shall comply with CITY's Drug !Free Workplace policy which is made a part of this AGREEMENT by reference. . 21.0 Independent Contractor. CONSUL TANT 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 Reiponsibilities. CONSUL TANT agrees to provide its services during the term of this AGREEMENT in accordance with aH applicable laws, ruies, 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 AGREIEMENT shall be binding upon and inure to the benefit of the City of South Miami and COINSUl TANT 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, orr 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 orr the performance of the Work thereunder. 26.0 Yalidn;y of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rtdes 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, lbe 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 CONSUL TANT 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 Thomu F. Pepe 10/1312016 Page54 of 66 92 AGREEMENT, or existing in law or in equity, it shall not lbe 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 remedaes, 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 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 AGRIEEMENT 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 CONSUL TANT, 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 CONSUL TANT 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 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 CONSUL TANT hereby certifies under penalty of perjury, to the CffY, 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 Chairter, 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 specificaHy 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 u=. Pepe 10/13/2016 Page S!!i of i6 93 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 AGRIEEMIENT. 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 Maieure. 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 Subcontractin~ 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 subcontraaors/subconsultants and their agreements, if allowed! by this AGRIEIEMIENT. must be approved by the C~TY. The CONSUL TANT 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 CONSUL TANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSUL TANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition. CONSULT ANT 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 agency0s 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 'flHIIE C:ON"lf'MC:T@~ G=UAS ~IUl~~ii80INIS IRll:GARDBh\11@ THIE AIPIPILUCATOOIN Of CIHAPTIE!lt D If, FLORIDA STATUiflcS, 1'0 THE C:CINIT!ilACTOR'S D\Ul'inf T@ fP~@\?Ol!j)jg lJDU!fi\l!..OC ~feC@IR\l!>S ~ELA TDINIG TO THI$ CONTRACT, COINITACT THE CUSTOlt>IAINl OF PIUIIIUC ffllECO~DS AT J@§ .. ~IJ3 .. 634@; 1e .. mafiD: mmenemidiax@§c1U1tihlmoamitll.pv; 6 BJ@ 5111JmiSJet Drive, $0W1do Miami, FR.. 33 D 43. 41.0 Notices. Whenever notice shall be · required or permitted herein, it shall be Tilomas F. Pepe IO/IJ/2016 Page§6 of,~ 94 delivered by hand delivery, e-maii (or similar electronic transmission), facsimile transmission or certified mall, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, 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 tlhe 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 erntltles at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: Woth copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, fl 33143 Tel: (305) 668-25 U> fax: (305) 663-6345 E-mail: salexander@smJJthmiamifl.gov City Attorney 6 ~ 30 Sunset Dr. South Miami, fl 33143 Tel: (305) 667-2564 fax: (305) 341-05~4 E-mail: tpepe@southmiamifl.gov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under pernaity of perjury that the CONSULTANT andl its representative have, and have exercised, the required corporate power and that tlhey 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 CONSUL TANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ON WO"if'IN!lg$1§ WIHltg~~OF, this AGREIEMIENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATT By{ Thomas F. Pepe 00/83112016 COINl$Rll.lt~ By: _,~:_---------- Michael Adeife. P .E. (~ove) City== Miami By. _ _L.,..... ___________ _ / Steven Alexander / City Manager Page §7/ of 11,11, 95 Read and .Approved as to Form, language, Legality and !Execution thereof: ~' ~ ,,,...--.:) By: J7-;~ If.fr Thomas F. Pepe, Esq. City Attorney Thomas IF, Pepe 10/1312016 96 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. ~--! /\ / /I, ' (i \L)~· J,__j_,,:___'-- -=oon'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 E www.eacconsult.com ~CA# 7011 97 ATTACHMENT A "COMPENSATION" lPROFJESSIONAL SERVJlCE AGREEMENT CITY OF SOUTH MIAMI "Professional Genell"al 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 Princioal $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 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 Hourly Billine 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 98 Category 2-Man Survey Crew 3-Man Survey Crew 4-Man Survey Crew Fire Protection Engineer Plumbing Engineer Mechanical Engineer Electrical Engineer Geotechnical Engineer Geologist Environmental Scientist Senior Administrative Assistant Clerical Micha~ Senior Vice Piresident EAC Consulting, JIJmc. City of South Mnamn RFQ #PW2016-22 SALARY CO§'f§ §outDn Miami Benchmark JEAC Revised! Proposed Hourly Rate Hourly Billin2 Rates $115.00 $115.00 $125.00 $125.00 $135.00 $135.00 $90.00 $134.75 $90.00 $112.29 $90.00 $112.29 $90.00 $143.73 $120.00 $120.00 $90.00 $116.78 $85.00 $116.78 $65.00 $65.00 $45.00 $45.00 3/31/2017 Date 99 . . . Sou~l~iami ADDENDUM TO PROIFIESSIONAL SERVICE AGREEMENT "Professional General Engineering 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 "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" is defined as: e 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 Profe al Services Agreements~._ 0 of South Miami ----~-·-~---- 3/30/2017 (Name of Signatory) Read and Approved as to Form, Language, Thomas F. Pepe, City Attorney 100 ATTACHIMllENT B INSURANCIE & BNDEMNRFUCATIOINl RIEQUDRIEMfENTS IPROFIESSIOINIAIL SEIRVBCE AGIRIEIEMENT "Professional General !Engineering and Architectural Services" IRFQ #PW2016-22 1.0IO 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 10/13/2016 Page 60 of 66 101 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: 0 Personal Injury: $1,000,000; 0 Medical Insurance: $5,000 per person; 0 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 66 102 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 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 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 of66 103 (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 ( I 0) 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. Ondlemll'llnfoc: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 10/13/2016 Page 63 of 66 104 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 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 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 64 of 66 105 E:XHIBBT#6 lii'ROFIESIBCNAL SIERWOCE A@IM:IEMIIEINIT uProfi'esslorrnaD @.li'!lairall EmlgiirneeD"lng Md Ar«:lrakecturllll lell"Vlc<es" RIFQ #IPW2086a22 THIS AGREEMENT made andl entered into this~ _day of ti\ Ml t\'\ • 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) au,d 'Y\I\S.r' ~ ~N"4\N:£t\?\AA who Is authorlxed 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 wlil be Issued by the' City Manager, or his dleslgnee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSUL TANT any exclusive rights to perform work on behalf of the Owner other than the work described In one or more Notice to Proceed (herelnaftell" referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSUL TANT available data and documents in 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 SCQpe of Services. The CONSULTANT shaH perform the work as set forth io the Scape of Services as described io 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 fulfillnng its part of the AGREEMENT, change of scope of work or should IBIY other events beyond the cona-oi 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 CONSUL TANT. 4.1 A ftXed 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 CONSULT ANT 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 fbc:ed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSUL TANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Thomas P. Pepe 10/13/2116 PageSI ofH 135 106 wages, benefits, overhead and profit and that shalB be in writing. signed by the CONSULTANT and the City Manager and attached hereto as ATT6'CHMEINJT A. S .o Payment and Partial Payments. The CITY will make monthly payments or partial payments to thie CONSUL TANT for all authorized WORK performed during the previous calendar month as set forth In the schedule of payment as set forth in A TTACHMIENT 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 pro1resses 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 whatever nature wlhich onay arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The represematave's decisions upon all clzlms, 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 CONSUL TANT does not concur in the judgment of the representative as to mny decisions made by him, CONSUL TANT shall present his written objections to the City Manager and shall abide by the decision of the Oty Manager. 7. O Ownership of Dgc;urneru;s. All ll"lpoll"tS and reproducible plans, and other data developed by the CONSUL TANT for the purpose of this AGREEMENT shall become the property of tlhe 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 finaD payment is made. This provisio01 is mppHcable only to projects that are on a time and cost buis. 9.0 Trutllain Negotiations: If the contrmct amount exceeds the threshold amount provided ins. 287.017 forr category four, the CONSULTANT shall execute a truthalnanegotiation certiftcate stating that wage ntes 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 adtustments must be made within one year following the end of the contract. I 0.0 Sublattjng. The CONSUL TANT shall nOfe 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 ri1hts. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CIITs 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 AJiens: The employment of unauthorized aliens by the CONSUL TANT is considered a violation of Federal Law. If the CONSUL TANT 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, TD!omas F. Pe,- 10/13/2016 Page51of66 138 107 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 lnciudins 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 Warramy. The CONSULT ANT warrants that it has not employed or retained any company or person, other thJn a bona fide employee working solely for the CONSULT ANT, 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 CONSULT ANT any fee, commission, percentage fee, &ifts 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 CONSUL TANT 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 TANT 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 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 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 agrieved party may decffare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSUL TANT will only be compensated for any completed! professional services and CONSUL TANT 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 (I 0) 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 AGR.EEMENT 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 lnsunnce and Indemnification requirements that are set forth In ATTACHMENT I_ 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 CONSUL TANT 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 CONSUL TANT 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 of66 Thom~ IJI, Pepe 10/1312016 137 108 AGREEMENT. 19.0 Ima. CONSULTANT shall be responsible for payment of ail federml, state, andl/or local taxes related to the Work, inclusive of sales tax if applicable • . 20.0 Drug 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. CONSULT ANT agrees to provide Its services during ihe 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 apa,licable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary businass a111d professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entice Alreeroent. Modifig.tion. and Blpdftng Effett This AGREEMENT constitutes the entire aareement of the parties; incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation oir negoda~on, written or onl. This AGREEMENT may not be modified or amended except In writing. signed by both parties hereto. This AGREEMENT shall be binding upo1111 and inure to the benefit of the City of South Miami and CONSUL TANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or pro'lflsions of this AGREEMleNT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, In gameral, 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 resolution of the Coty Commission. or If s111ch 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 Juey Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State 01r 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 Yalkl!U 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: Througho11.1t this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural ancll plural words substituted for singular wherev,r applicable. 28.0 Seyerabllh;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 helcB 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 d_utles 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 CONSUL TANT 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 guanntee 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 Page54of66 Thomas F. Pepe IG/IJ/2016 138 109 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 cumulatnve 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 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 wlll 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 ms 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 CONSULT ANT, nor will it permit any acts or omissions which result in discrimination against any person, Including employee or applicant for employment 0111 the basis of race, creed, color, ethlllicity, 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 appllcable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and en1ities seeking to do work for the CITY are expected to comply with all applicable laws. governmenb.l 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 CONSUL TANT is In compliance with all applicable regulations and laws governing employment practices. 32.0 Goyerninl( 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 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 Par:Q' 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 Tllama F, Pepe 10/13/2016 Page55 ofH r 139 110 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 against either party hereu>, 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 mltl&atecll. Each party shall notify the other of any such occurrence. 39.0 Subcontracting; If allowed by this AGREEMENT, the CONSULT ANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants ~ It is for the acts and omissiovns of people direcdy employed by it. All subcontractors/subconsultants and their agreements, If allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shmll reqlL!lire each subcomractor, who Is approved by me CITY, to agree In the subcontract to observe and be bound by all oblip.tions and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULT ANT and all of Its subcontractors are required to comply with the public records law (s.119.0701) while providl1111 goods and/or sell"Vices on behmlf of the CITY and the CONSULTANT, under such conditions. shall incorporate this paragraph In aUI of its subcontracts for this Project. Under such condition, CONSULTANT ancll its subcontractors are specifically required to: (a) Keep and maintain public records o-equired by the public agency to perl'oo-m the service; (b) Upol'll request fll'om 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 vnot emceed 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 requiremiants are not dlsclosecU except as authorized by law for the duration of the contract term and following compledon of the contract if the contractor does not transfer the records to the public agency; and (cl) Upon completion of the contract, transfer, at no cost, to ttie public agency all public records lri possession of the contractor or keep and malnr.ain 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~chnology systems of the public agency. Bf THE C:ONTRACTOIR\ !HAS QUIESTROINII REGARDING THIE APPLICATION OF CHAP.TIER D 19, IFILORIDA ITATUTESP TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RIELATBN@ TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBII..RC RECORDS AT 305-663-6340; E-mail: mme1n1enclaz@so111thmlamlfl.gov; 6 D 30 Swunset Drive, South Miami, Fl. 33 B 43. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of66 Thomas F, Pepe 10/1312016 140 111 delivered by hand delivery. e-mail (or similar electronic transmission), facsimile transmission or certified mail, with retu1rn receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery conflrmadon 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 entitles 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: (305) 6i7-2564 Fax: (305) 341-0584 E-mail: tpepe@soythml2.m!fl,L¾1l! 42.0 Corporate Authority: The CONSUL TANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULT ANT 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. RN WITNESS WHIEIRIEOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F, Pepe 10/1312016 CON~ULTANT: -gt By: ult d!AA City of Miami Page57 of 66 141 112 Read and Approved as to Form, Language, lepllty and Execution thereof: By: -~4~ Thomas F. Pepe, Esq. City Attorney Triomu F. Pepe D9/Ul2086 PageSBofH 142 113 ADIDIENDIUM TO PROFESSIONAL SERVICE AGREEMENT "Professional General Enlfneerlna and Avchltee'i:ural Seivlees" RFQ #PW2016a22 The Clty 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 16Certlfled Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" Is defined as: GIi Certlflle©'l Arb@rrlst Sen,lces: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compllance_wlth the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. The review includes the initial site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborlsts Services" will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. ---~ -------_,.----._ WNSUL" /JJ!/ ~uth '9"'1 . By: /~--:di--. By: ..,.,-=--~.,,,,..::.-------1· ~St;;en Alexander, City Manager .. )A11t.€.S 5P11\1/tJ ~ (Name of Signatory) Read and Approved as to Form, Language, Thomas F. Pepe, Cty Attorney 114 ll'homas Ill. !Papa 10/1312016 ATTACHM~NT A ucOMP~N$A irUO!\\lJP 9 P!Rl0lrFfe$590NAL ~IERV9CIE A@fREIEIMltENT "IP11'Cfes1kllll'8ai GiaH11'110 ~ll'lglnurlng ancll Arclhl6\t<$cturra0 $<ell'WicM'" IRU!=Q #PW2@rna2l Page59ofH 143 115 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 $45.00 116 A Tr ACHMENT .11 DNSURANCE & MNIDEMNIIFBCATHOIN ~11$QUORIEIMIEINITS PROFIESSBONAL IIERVICIE AGREEMENT "Profe111lonal General IEnslneerlng ancll Arclhitec:turaD S~rvlces" lllfFQ #P'W20 I 6-22 1.0 Io Insurance A Without llmldng Its llablllq,, 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 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 anyone for whose acts any of diem may lbe Hable. · 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 l1rns111rance 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 Su1te of Florida, as will protect the F~IR.M, at a minimum, from all claims as se1t 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 diem, or by anyone for whose acts any of them may be llabie: (a) claims under workers' compensation, dlsablllty 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 s!ckness or disease. or death of the FIR.M'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. 1.011 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. Page60 of66 Thomas F. Pepe IOll:112016 145 117 In addition, the policies must include: Employers0 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. D .0 I 3 Commecclal Comprehensive General Uabltir, insurance with broad form endorsement. as well as automobile liability, completed operations and products liablllty, contractual liability. severability of interest with cross liability provision, and personal infury and property damage llablllty with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, induding: 0 Personal Injury. $1,000,000; " Medical Insurance: $5,000 per person; 0 Property Damage: $500,000 each occurrence; 1.014 Umbrella Commercial Comprehensive General Liabilitt 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 Uability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a} Premises ancfl Operation (b) Independent Contractors (c) Produets and/or Completed Operations Hazard (d) Explosion, Colllapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Comractua8 Coverage applicable to this specific Contract, Including any hold harmless and/or i111demniflcation 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 AutomobHe Uabillcy with minimum limits of One Million Dollars {$1,000,000.00) plus an additional One MIiiion Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liablfity and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile D.iablhty policy, without restrictive endorsements, as filed by with the state of Florida, and must indude: (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 Coyerqe Insurance (Builders' Risk), IF APPLICABLE: C. In the event that this contract involves die 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 consdtutlng a part of Thomas F, Pepe 10/1312016 Pa.ge61 of66 148 118 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 replacemeno: and actual cash va~ue of the Insured property. Ttie pollcy 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 aplJ>licable. 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 FIRM shall be responsibDe for securing other accepable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified In this section and so as to m111ontain coverage during the life of this Contract. G. Al8 deduailbles must lbe declared by the FH\M and must be aplProved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall proc11Bre a !Bond, in a form satisfactory to tffle CITY coverl.ng die same. H. The policies shaDI contain waiver of subrogation against CITY where applicable, shall expressly provide «hat sUJch 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. AH l?Olicies sh;ll~ contain a "severabiliq, of interest" or "cross liability" clause without obligation for premium payment of the CITY as weU as contracwall 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 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 endonements: · (3) a policy provision or an endorsement with substantially similar provisions as follows: Thoma, F, Pepe IO/IJ/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 Flor_ida approved forms for commercial general liability coverage A and coverage B"; Page62.of66 147 119 (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.FIRM shall also provide Professional Uability . Insurance on a Florida approved form 1111 the amount of $ I ,000,000 with deductible per claim if any, not to exceed 5% of the limit of ~iabolity providing for all sums whlclh 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, representativas, Sub Contractors or assigns, or by any person employed or r~talned by him In a::onnection with this Agreement. This insurance shall be maintained for four years after completion of the conwuaion and acceptance of any Project covered by this Agreement. However, the !FIRM may purchase Speclflc 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. DDlllDlemndflcatfi@l!'il ml.equiremerrnt 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 assi3ns, 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 and/or its affected Thomu F. Pepe 1011312016 Page6J of66 148 120 officers, affiliates, employees, successors and assigns, including 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, 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 obriptions 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 relectlng any submissions or acts of die Firm, CITY In no way assumes or shmres responslblilty or liability for the acts or omissions of the Firm, its contractor/subcontraetor or any of their agents, representatives, employees. or assilns, or anyone acting throuaft or on behalf of them. B<. The Firm has the duty to provide a defense with an attorney or law firm approved lby the City of South Miami, which approval wlll 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 subparqraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus, the design professlonal'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 limated to, rl!lsonable 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 IO/ll/1016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page64 of66 149 121 IEXHIBMT#6 PR@O:IE$$00NAL SERVDCIE ffe\@llllE!EIMIIENT '°PrcfesslonaU Gen(llnlll fEnglneeD"lwg aou«!I ~ll'Cll'IDtGl~uraiD iarvlce~" RIFQ #PW20 I 6a22 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 Dts City Manager (hereinafter referred to as CITY or City Manager) and SR$ 'E ~ fe\ ~€ ~\2..\ t-1. Ss r t rl c, who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSUL TANT"). 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 Notice· to Proceed will be Issued by the City Manager, or his deslgnee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSUL TANT any exclusive rights to perform work cm 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 CONSUL TANT. 1.2 The CITY avees that it will furnish to the CONSUL TANT 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 CONSUl TANT. 2.0 SCQpe of Services, The CONSULTANT shall perform the work as set forth lo the Scgpe of Ser,ices 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 rec:elu:,t of a 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 deslgnee. 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 CONSUL TANT. 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 CONSULT ANT and If such an agreement is reached, it shall be in writing. signed by the CONSUL TANT and the City Manager and attached hereto as ATTACHMENT A: ◄.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 CONSUL TANT 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 10/1312016 Page 51 of 66 135 122 wages, benefits, overhead and profii anc:11 that shalO be in writing. signed by the CONSULT ANT and the City Manager and attached hereto as AITACHMfENT 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 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 CONSUL TANT'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 n!presentative, who shall decide all questions, difficulties and disputes of whattever natu.are 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 representai.tive's decisions upon all clailms, questions, and disputes shall be final, conclusive and bindlin1 upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSUL TANT does not concur in the judgment of the representative as to any decisions made by him, CONSUL TANT shall present his written objections to the City Manager and shall abide by the decision of the Otr Manager. 7.0 Ownership of Doc;umeru;s. All reports and reproducible plans, and other data developed by die CONSULT ANT 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 ins. 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. I 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 CONSULT ~rs ri1hts. The CITY may, in Its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSUL TANT 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 unenfon:eable 11.0 Unauthorized Aliens; The employment of unauthorized aliens by the CONSUL TANT is considered a violation of Federal Law. If the CONSUL TANT knowin1ly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSUL TANT as well. The CITY reserves the right at Its discretion, but doe1 not assume the obligation, Tllomlll F. Pepe IOIIJ/20l6 Page5lof66 138 123 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 lncfQJlding persons employed by aroy independent contractor. By reserving this right, the CITY does not assume any obligation or responslblllty 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 CONSULT ANT 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 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 CONSUL TANT 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 CONSUL TANT 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 I.mn, This AGREEMENT shall remain in force unt:11 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 dlsciredon 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 Defauh:. In die 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 CONSUL TANT will only be compensated for any completed professional services and CONSUL TANT shall not be entlded 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 widlln ten ( I 0) 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 Exctuslye. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or slmHar 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 CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) punuant to FS 'JJJ7. I 33(3) (a), as required by the CITY's solicitation, if any, applicable to this Page53 ofH Tllamas IP, Pepe 10/1112016 137 124 AGREEMENT. 19.0 Im&,. CONSULTANT shall be responsible for payment of ail federal, state, anc!l/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSUL TANT shall comply with CITY's Drug Free Worrkp&ace policy which is made a part of this AGREEMENT by reference. . 21.0 Independent Contractor. CONSUL TANT is an Independent entity under this AGREEMENT and nothing concained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Rupon3lbiUt1es. CONSUL TANT 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 aund professional licenses at Its sole expense prior to executin1 the AGREEMENT. 24.0 Entire Agreement, Modification. and IIDdiDC Effect This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior qreements, understandings, representation or negotladon, written or onl. This AGREEMENT may not be modHied or ame01ded except in wrldng. 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 !heh'$, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT sha!O be valid or binding unless It complies wld1 this paragraph. This AGREEMENT, in general, and this paragraph, in paniculmr, shall not be modified er amended by acts or omissions of the parties. If this AGRIEEMENT 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 CONSUL TANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedinp in respect to any action, proceeding. lawsuit or counterclaim arising out of this AGREEMENT or the pe~rmance of the Work thereunder. 26.0 'lalldjW pf 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 appllcabl12 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 OIi' the applicadon 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 d_uties 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 CONSULT ANT 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 Thom• F. Pepe 10/13/2116 Page54of66 138 125 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 «o 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 hie exercised from time to time as often as may be deemed expedient. 30.0 Non-Wajyer. CITY ancll 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 right, power, or privilege 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 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 wm not constitute a waiver of any other term, condition or provision hereof, nor wlil 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 Emp!Q,Yrotnt: No action shall be taken by the CONSUL TANT, nor will it permit any acts or omissions which result in dlscrimlnatioll1l 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 CONSUL TANT 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 appllcable 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 CONSUL TANT is In compliance with all applicable regulations and laws governing employment practices. 32.0 Goyernjn1 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 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 Pa[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 ThDmal F. Pepe 18/13/1016 Page55 ofH 139 126 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 other and fun:hsr 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 lnta[pC112tion. 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 ia 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 Subcontracting If allowed by this AGREEMENT, the CONSULT ANT shall be as fully responsible to the CITY for the acts and omissions of its subcontracton/subconsultants ~ It Is for the acts and omissions of people dirrecdy employed lby it. All subconnctors/subc:onsultalrits 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 !n the s11.1bcontraa to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSUL TANT is bound. 40.0 Public Records: CONSULT ANT and all of its subcontractors are required to compiy with the public records !aw (s.119.0701) while providl111 goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions. shall Incorporate this paracraph in alll of its subcontracts 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) Upon request from the public agency's custodian of public records, provide the pulblic 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 ms otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not dBsclosed except as authorized by law for the duration of the contract term and following compRetion 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 ill'D 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 dupllcate public records that are exempt or confidential and exempt from public records disclosure requtreme~ts. If the contractor keeps and maintains public records upon complet10111 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~hnology systems of the public agency. BF THE CONTRACTOR HA~ QUESTIONS HIEGARDING 'ii"D=IIIE APPLICATION CF CIHIAPTtER. D 89, flLORIDA STATUTES, TO 'il'HE CONTRACTOR'S DUTY TO PROVUDE PUBLIC RECORDS RELATING 'fO THIS CONTRACT, CONTACT TH!m CUSTODIAN OF PUBLBC RECORDS AT 305-663-6340; E-mail: mmenen«Bez@southmlamlfl.gov; 6 D 30 Sunset Drive, South Miami, FL Jll 143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page56 or66 Thomas F; Pepe 10/1312016 140 127 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 CONSULT ANT 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 CONSULT ANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. ON WITNESS WHIEIRIEOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 10/13/2016 City :.< By: _ _,_,..,,.,,-"-------------- /. Steven Alexander ~/ City Manager Page 57 of 66 128 Read and Approved as to form, Language. Legality and Execution thereof: ~;;.;✓✓~--~") By: ...... ;;.._ ___ --'---- Thomas F. Pepe, Esq. Citty Attorney Tllama.11 F, Pepe B111312016 Page§lof66 142 129 Soui~~iami 1111 nlVIJl l'ICASAl'..I IIVl!l:G ADDENDUM TO PROFIESSIONAL 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. nglneering, Inc. Ignacio Serralta/President (Name of Signatory) Read and Approved as to Form, Language, legality and Execution thereof: By: --=---~~;;,.,,.~~~~- Thomas F. Pepe, City Attorney ~ ~!jl,~MI~ ~ ,✓-.-:"?"' By: ---,"--------- /~teven Alexander, City Manager .?· 130 'll'hamlBS IP. Pepra 80/131'2016 ATTACHIMJIENlT A 46COIMJPlelNJIA TOON'' ff!l~@IFIESiO@IMAIL SleRVHC~ A@IRIE!EIMIENT "f&'@fessloiJ&ml Ge111anB Ell'B1lne<all'ln1 md .Arcft111tscwll'mD $eB"Wices" DQ #PWlCD O i 0 21 PageHofl\6 143 131 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 $45.00 132 A TT ACIHIIMlli:NT. ~ DINISUMNC~ & INDEMINDFICATROINI RIEQIJJIR~MENTS IJIIRCti:ESSBCNAL SEllt'lflCIE A@REl!:!IMIIEIN"II" 1.0 IO Insurance .. Prof'e11lonal General IEnslneerlng ancll ArchiteduraU Services .. f&F(Q #!r'WlO& 6-22 A Without llmltlng Its llablllty, 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 llfe of the Contract. Insurance of the types and In the minimum amounts stated below as wlll protect the FIRM, from daims which may arise out of or result from the connct or the performance of the contract with the City of Soum Mlmmi, whether such claim Is apinst 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 tlhlem may lbe llable. B. Ne insurance required by the CITY shall lbe 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 lnsura01ce from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance In the State of Florida, OB'II forms approved by die State of F~orida, as wlii protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the IFIRM'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, er by anyone for whose acts· any of them may be liable: (a) claims under workers' compensation, dlsablllty benefit and other similar employee benefit acts which are applicable to the Work to lbe performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIR.M'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 llablllty 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 injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.011 Firm's Insurance 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. Thomae F. Pepe 10/1:112016 Page60 of66 145 133 In addition, the policies must Include: Employers' liability mt the statwJOOD'")' coverage amount. The FIRM shaH fun:her Insure that all of Its Subcontractors maintaDn appropriate levels of Worker's Compensarcion lnsurrmnce. D .013 Commercal Comprehensive General UablllW insurance with broad form endorsement. as well as automobile liability, completed! operations and products llablllty, contractual liability, severabllity of interest with cross liability provision, and personal injury and property damage llablllq, with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, includin1: 0 Personal Injury. $1,000,000; .. Medical Insurance: $5,000 per person: .. Property Damage: $500,000 each occurrence: 1.014 Umbrella Commercial Comprehe01sive GeneraU ILiablist;y ill'Bsurance shall be written on a Florida approved form with the same coverage as the primarry insurance policy lbut in the amount of S 1.000,000 per clzim znd $2,000,000 Annual Aggregate. Covc.enge must be afforded on a form no more restrictive than the latest edition of the Comprelhlensnve Gen®ral Uab!llty policy, without restrictive endorsements, as filed by the Insurance Services Office. and mll.Dst include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Huard (d) Explosion, Collapse and Undergrournd Huard Coverage (e) !Broad form Property Damzge (f) Broad form Contnctuail Coverage appl!cable to this specifk Contract Including any hold harmless and/or indemnification agreement. (g) Pe1rSonal Injury Coverage widi Employee and Contractual Exclusions removed, with minimum limits cf coverage equal to those required for Bodily Injury liabiliq, and Property Damage Liability. 1.015 Business Automobile UablHt;y with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($ I ,000,000.00) umbrella per occurrence combined single limit for Bodily ln}ury Liability znd Property Damage Uablllty. Umbrella coverage must be afforded on a form· no more restrictive than the latest edition of the Business Automobile liabihty pollcy, without restrictive endorsements, as filed by with the state of Florida, and must indude: (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 Worll< 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 worc:11 FIRM for CITY where applicable. 1.017 Fire and Extended Covecue 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, attaclhments and all permanent fixtures belonglng to and constituting a part of Tliomu F. Pepe 10/1312011) Pageil ofH 146 134 said buildings or sa-uctures. The policy or policies shall also cover machinery, if the cost of machinery Is included In the Connet. or if the machinery is located in a building that is being renovated by reason oi 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 coverag11 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 coveraae 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 smtist'actory to tine CITY covering the same. H. The policies shall contaill'I waiver of subrogation apinst CITY where applicable. shall expressly provide that s1.11ch policy or policies are primary over any other collectible l111Surance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. AH policies shall col!'lltaln a "severability of interest" or "cross liability'' clause without obligation for premium payment of the CITY zs weli as contracwal liability provision covering the FIRM'S duty to indemnify the City zs provided in this Agreement. I. Wore starting the Work, !he FIRM shall deliver to die CITY certificates of such insurance, acceptabBe to the CITY, as well as the finsurance 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 a,ent or broker through whom the pollq, was obtained. The Insurer shall be rated AVII or better per A.M. Best's Key Rating Gulde, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of 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, tD,e following endorsements: (3) a policy provision or an endorsement with substantially similar provisions as follows: Thom1111 F. Pepe 18/13/2016 "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": Page62of66 147 135 (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 mall, 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 reiqiulrements, the ARM shall also provlc!le Professional Llablllty 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 llablllty providing for all sums which the FIRM shall become lepl!y obligated to pay as damages for claims arising out of the Hrrvices 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 A,eement. 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 alllthoriz(Bd in writing by the city at the city's sole, absolute and unfettered discretion. D1111demunD!flc:~@w DilequoNimernt G. The Firm accepu 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 any and all damages, claims, liability, losses, claims, demands, suits, fln·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 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 A1reement. 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 and/or its affected Thomu F. Pepe B0/1311016 PageU ofH 148 136 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, 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 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 responslbllity 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 Ck¥ of Soudl 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 subpairqraph shall set forth the sole responslbil!q, of the design professional concerning Indemnification. Thus, the design professlonal's obll1ations 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 IOJIJ/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Pagei~of" 149 137 Qualification StaJ-ernent -Part 2 -Standard Forms EXHBBIT#6 PROFESSIONAL SERVICE AGREEMENT "Professional General !Engineering and Architectural Services" tRfQ #IPWlG D 6-22 THIS AGREEMENT made and entered into this ~\ .s\ day of t'\AY?t:s , 2on_ 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 "'\-ii\.»,,..'& C 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, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSUL TANT 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 CONSULT ANT. 1.2 The CITY agrees that it will furnish to the CONSULT ANT 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 CONSULT ANT. 2.0 Scope of Services. The CONSUL TANT 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 CONSUL TANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULT ANT 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 CONSULT ANT and if such an agreement is reached, it shall be in writing, signed by the CONSUL TANT 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 CONSUL TANT 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 #PW2016-221,, , Professional General Engineering and Architectural Services 138 Qualification Statement -Part 2 -S1-andard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT'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 CONSUL TANT 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 CONSUL TANT does not concur in the judgment of the representative as to any decisions made by him, CONSUL TANT 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 CONSUL TANT 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 ins. 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 CONSULT ANT 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 CONSULT ANT's rights. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULT ANT 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 CONSUL TANT is considered a violation of Federal Law. If the CONSUL TANT 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 iFPW2016-22 \ _ Professional General Engineering and Architectural Services 115 139 Qualification Stai"ernent -Part 2 -Standmd Forrns 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 CONSUL TANT 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 CONSUL TANT, and in either event the CITY's sole obligation to the CONSULT ANT 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 TANT 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 CONSUL TANT. 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 CONSULT ANT will only be compensated for any completed professional services and CONSULT ANT 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 CONSULT ANT shall return such sums to the CITY within ten ( I 0) 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 CONSULT ANTS 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 CONSUL TANT 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 Engineeling and Architecturol Services 116 140 ~1uallfica1ion 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. CONSUL TANT 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. CONSUL TANT 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 CONSULT ANT 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 Severabilit;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 CONSULT ANT 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 # PW201.s-221 Professional General Engineering and Architectural Services 117 141 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 CONSUL TANT 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 CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSULT ANT 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, ahd 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 55 of 66 City of South Miami -RFQ #PW2016-22 I Professional General Engineering and Architectural Services 118 142 Quo!lficoiion Sto"i"ement -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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s. I 19 .070 I) while providing goods and/or services-on behalf of the CITY and the CONSUL TANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULT ANT 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. IIF THE CONTRACTOR HAS QUIESTDONIS IREGARDDNG THIE APPUCATBON OIF C:HAPTIEIR D !9, IFILORBIDA STATUTIES, TO TIHl!E CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THIE CUSTODIAN OF PllJBUC RECORDS AT 305-663-6340; E-mail: mme111ende:z:@southmiamifil.gov; 6 U 30 Sunset Drive, South Miami, FIL 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 I· Professionctl General Engineering and Architectural Services 1 19 143 {.)uallficai"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 CONSUL TANT: 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 CONSUL TANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULT ANT 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 CONSULT ANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. I r By:, BINI WDTINIIESS WIHHER.IEOIF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions s~t fo · ( C SULT -T: ByR e a, , ce resident Stantec Consulting Services Inc. (Print Name_.bb~ __ ..... -· City of _South Miami ~--2::: By: ___ ./ .,7 Page 57 of 66 ~,,Sfev.en Alexander .. . City Manager City of South Miami -RFQ #PW2016-22 I Professionc1I General Engineering and Architectural Services 1 ?n 144 Read and Approved as to Form, Language, Legality and Execution thereof: · By: :~~-:--~ Stantac Thomas F. Pepe, Esq. City Attorney Page 58 of66 Qualtficallon Statement -Port 2 -Standard Forms CilyofSoulhMiomi -RFO :1rw20l6-22 l , Professionol Generol Engineering ond Mchilcclurol Services ! l ~1 145 ~~~, ~ami Ult OlY Of PlfASANT UVINC ADDlENDUM 11"0 PROFESSIONAL SERVICE AGRIEIEMENT "Profasslanal General En1lnaerlng and Architectural Sarvlcesn RFQ #PW2016-22 The City and CONSULTANT agree that a separate rotational 11st will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborlsts Services" is defined as: o 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 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. By: c::::<~- /steven Alexander, City Manager ( (Name of Signatory) Read and Approved as to Form, Language, Thomas F. Pepe, City Attorney 146 11bomas IF. PepGi B0/1312016 ATTAC:H!Ml!ENT A uco!MI If' l:EN!>A 1i0@1Nl Pl> ~!Rl@fr!e~$B@INIAB. $E~V8£CIE ffe\~~IE!EIMIIEIN!T "fli'@f<BHl«>fl1m! Ge!lllranl 1!111gft11U<Nll"lng amc!I A1rclhlltcect1UJll"aU ~«i!l'W!cea" lfilF~ #PWl® i ,~22 Page5'of46 143 147 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 $45.00 148 A TT A~ !HIM IE N"f. Im OINJSURANC:E & ONfOl!!:IMINlf0CA1iOON rit~QUIR~MENTS 1.010 Insurance ••?rrotfeHionall Ganerllll lE111gineiaring mcll Air«:hit121d:1111n!O ierrvlite!il" ~!F(Q #fl!>Wl@U iall A Without limiting Its llablllty, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to insurance and Indemnification requirements) shall be required to proc1U1re 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 jperformance of the cornna with the City of South Miami, whether such claim Is against the FIRM or any subaconnctor, or by anyone dlirecdy or indirectly employed! by any of them or by anyone for whose acts any of them may lbe liable. 13. No insurance required by the CITY shall lbe 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 purclhase insura1111ce from and shall maintain the insurance witlh a company or companies lawfully authorized to sell Insurance 1111 the State of floroda, on forms approved by the State of Florida, as will protect tha FIIRM, at a minimum, from all claims as set forth below which may arise out of or result from the !FIR.M's operations under the Contract and forwhich the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed ~y any of them, or by anyone for whose acts any of them may be llalbie: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to lbe 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 disiaase, or death of any person other than the FIRMl'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) claoms involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.0! 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. Thoma11 IF. Pepe 10/ll/lOIG Page i@ ofH 145 149 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. D .013 . Commercial Comprehensive General LiabHh;y insurance with broad form endorsement. as well as automobile liablllty, completed operatioD11s and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage Uablllty with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aaregate, including: 0 Personal lnlury: $1,000,000; • Medical Insurance: $5,000 per person: • Property Damage: $500,000 each occurrence: 1.014 UmbreHa Commercial Comprehensive General Liabili~ insurance shall be written on a Florida approved form with the same coverage as the pB"lmary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Alnnual Aggregate. Coverage must be afford~ on a form no more restrictive 11:han tlhe latest edition of the Comprelrnensive General Umbility policy, without restrictive endorsements, as filed by the lnsuranca 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 mgreement. (g) Personal Injury Coverage witlh Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage LiabHity. 1.0 IS Business Automobile Uabillty with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One MIiiion 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 endorsemenu, as flied 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. 1.011 Fire and Extended Coverqe Insurance (Builders' Risk), IE APPLICABLE: C. In the event 1:hat 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 l111surance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonglng to and consdtutlng a part of Thomas F. Pepe 10/1312016 Page 61 ofH 146 150 said buildin1s 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 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 MlsceUaneous: 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 mawntain coverage during the life of this Contract. G. All deductilbles must lbe declared by the FIRM and must bee 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 satisfaictory to the CITY covering the same. H. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide «hat such policy or policies arre 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. Ali policies shall contain a "severability of interest" or "cross llabllfity'' clause without obligation for premium payment of the CITY as well as contracttaal llabHity provision covering the FIRM'S duty to indemnify the City as provided In this Agreement. I. Before starting the Work. ttae FIRM shall delnver to the Cl"ll"Y certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is lssuecD, 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 Gulde, latest edition and authorized to issue insurance In the Seate of Florida. All insurance policies must be written on forms approved by the Seate of Florida and they must remain in full force and effect for the duration of the contract p,rlod 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, tlhe following endonements: · (3) a policy provision or an endorsement with substantially similar provisions as follows: Thoma F. Pepe IO/IJ/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": Page62of66 147 151 (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 (DO) 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 whlcln the FRRM 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 malnulned for fo~r years after completion of the construction and acceptance of avay Pro~ct covered by thns Agreement. However, the !FIRM may purchase Specific !Project Professional liability i111s11nrance, 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 c!llscretlon. DB'ilall<e1nn11rnfflcato@ll!l ~equoremis1111t 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 assi1ns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, Judgments or cost and expenses, Including reasonable attorney's fees, paralegai fees and investigative costs inddental 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 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 01on-performance of tlhe 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 18/1312016 Page63 ofH 148 152 officers, affiliates. employees, successors and assigns, including their attorney's fees, itn 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, 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 die Firm, CITY In no way assumes or shares responsiblilty or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employeies. or zsslgns, or anyone acting through or on behalf of tlhem. K. The firm has the dluty 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 shall set fonh 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 neglige1nce, 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 ll', ll"epe 10/1312016 THBS IS INCLUDED iN THE GENERAL CONDITIONS ENO OF SECTION Page 64 of66 149 153 PROFESSIONAL ENGINEERING AND CONTRACT SERVICES OPTION TO RENEW AGREEMENT ... THIS AGREEMENT made and entered into this J day of JIJ}ju_} . 2020, by and between the City of South Miami, a Florida municipal Corporation (h ereinafter referred to as "City") and Stantec Consulting Services Inc., (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the City solicited proposals, pursuant to a Request for Quote for Professional Engineering and Contract Services; and WHEREAS. the City, after completing a competitive bidding process, and in accordance with Florida Statute 287.055, "Consultants Competitive Negotiations Act." entered into a continuing professional service agreement for "Professional Engineering and Contract Services" with Contractor; and WHEREAS, the City, at the discretion of the City Manager and pursuant to the continuing professional service agreements terms and conditions, has chosen to renew this agreement for an additional two (2) year period through March 31, 2022. NOW, THEREFORE, the City and Contractor, each through their authorized representative/official, agree as follows: 1. The City and Contractor upon execution of this Option to Renew Agreement acknowledge a desire to extend the existing Continuing Professional Services Agreement between the City and Contractor for "Professional Engineering and Contract Services," under the same terms, conditions and pricing, until its new expiration date of March 31, 2022. ATT~ST: ~------.......... By· · --,::,es!"!"te_v_e_n_A.,...,1.---e-xa-n--.-e_r _____ _ City Manager CONTRACTOR: Stantec Consulting Services Inc. By : Ramon Castella TITLE Vice President ~-- Print Name ~~-----DATE Si gnature April 15. 2020 Stantec Consulting Services Inc. 901 Ponce de Leon Boulevard Suite 900, Coral Gables FL 33134-3070 March 10, 2022 File: 215681119 Attention: Mr. Aurelio Carmenates, P.E. Capital Improvements Project Manager City of South Miami Public Works Engineering & Construction Division 4795 SW 75th Avenue Miami, FL 33155 Main: (305) 403-2063 Reference: Proposed Speed Humps – Various Locations Dear Mr. Carmenates, We are pleased to present this proposal for professional engineering services for your consideration. This project consists of the design of five speed humps at various locations as follows: 1.SW 59 Ave north of 76 Street 2.SW 59 Ave south of 76 Street 3.SW 60 Place south of 42 Street 4.SW 64 Place north of 58 Terrace 5.SW 78 Street west of 62 Avenue Scope of Services: Design Phase Scope will consist of obtaining an aerial photograph and drafting existing right of way, edge of pavement and center line of construction for the areas of the proposed speed humps. No topographic or boundary survey will be obtained. We will conduct a field assessment of existing conditions including a photo record and the proposed locations will avoid existing driveway. Existing sloping, grading, and drainage patterns will be maintained; therefore, no new drainage is proposed. No utility coordination will be performed. Speed humps will be per the attached detail (See enclosed detail). We will also compile quantities and develop an estimate of probable cost. Specifications will be provided on the plans and not in CSI format. Permitting Phase Our services include submittal to Miami-Dade County Traffic and Engineering Division for their review and approval. Procurement Assistance During this phase Stantec will be available for assistance as requested by the City (Limited to 3 hours total). 154 March 10, 2022 Mr. Aurelio Carmenates, P.E. Page 2 of 3 Reference: Proposed Speed Humps – Various Locations Post Design Services Phase Not included, but a proposal can be provided if needed. Exclusions: Traffic studies, traffic counts, geotechnical testing, drainage design, electrical design, color renderings, certified arborist services, asphalt cores, landscaping, irrigation, lighting, or permits fees are not included in our scope. 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: 1. Design Phase (Lump Sum……………………….………….…...$8,085.00 2. Permitting Phase (Lump Sum) ……………………..………......$3,255.00 3. Procurement Assistance (Lump Sum) …………....……….........$510.00 4. Permit Fee Allowance (if needed).………………………….….....$500.00 TOTAL: $12,350.00 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Regards, Stantec Consulting Services Inc. Sean Compel, P.E., LEED AP, ENV SP Principal Phone: 305 445 2900 x 2230 sean.compel@stantec.com 155 March 10, 2022 Mr. Aurelio Carmenates, P.E. Page 3 of 3 Reference: Proposed Speed Humps – Various Locations By signing this proposal, City of South Miami authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on the Day day of Month, 2022 Per: Print Name & Title Signature Attachment: Attachment c.C.C. cs document4 V:\2156\business_development\215681119 City of South Miami\Traffic Humps\south-miami-speed-humps-proposal.docx 156 Stantec Consulting Services Inc.Fee Worksheet - Page 1 DATE: PROJECT: Design Phase Principal Senior Project Manager Senior Engineer Engineer Intern Senior CAD Tech Clerical Project coordination & file setup 2 2 2 Site visit and photo log 3 Cover sheet, Key Sheet & notes 2 2 2 Development of five base sheets on aerials 2 6 12 Speed Hump layout 2 8 12 Pavement Marking and signage 1 5 5 Typical Sections & Details 1 1 Quantities & Cost Estimate 1 1 1 Sub-Total Hours 0 13 0 25 35 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 100.00$ 45.00$ Labor Cost $0 $2,210 $0 $2,375 $3,500 $0 $8,085 $0 $8,085 Permitting Phase Principal Senior Project Manager Senior Engineer Engineer Intern Senior CAD Tech Clerical Provide Plans for PW Permit and Miami- Dade County Traffic Engineering 2 2 Comments and revisions (2 Submittals)2 6 10 Plans resubmittal 2 5 Sub-Total Hours 0 6 0 13 10 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 100.00$ 45.00$ Labor Cost $0 $1,020 $0 $1,235 $1,000 $0 $3,255 Procurement Phase Principal Senior Project Manager Senior Engineer Engineer Intern Senior CAD Tech Construction Inspector Assistance with Procurement 3 Sub-Total Hours 0 3 0 0 0 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 100.00$ 75.00$ Labor Cost $0 $510 $0 $0 $0 $0 $510 $500 Total Fee:$12,350 Permitt Allowance: Permitting Phase Phase Total: Project Procurement Phase Total: FEE WORKSHEET March 10, 2022 City of South Miami Proposed Speed Humps Design Sub-Total: Survey: Design Phase Total: 157 CL 6" 9'-6"9'-0" 1'-0" VARIES 6'-0"6'-0"12'-0"TRAVEL WAY 6'-0"6'-0" 12'-0" SAWCUT FIRST FOR CLEAN BUTT JOINT (TYP.) MILL 1.5" AVERAGE 3.5" ASPHALT MATCH TO EXISTING PAVEMENT (TYP.) PARABOLIC SPEED HUMP PLAN VIEW N.T.S. PARABOLIC SPEED HUMP SECTION A CURB AND GUTTER OR VALLEY GUTTERSWALE DETAIL 1 - CROSS SECTION - SWALE DETAIL 2 - CROSS SECTION - CURB AND GUTTER OR VALLEY GUTTER N.T.S. VARIES VARIES EXISTING PAVEMENT SAWCUT FIRST FOR CLEAN BUTT JOINT (TYP.) MILL 1.5" AVERAGE 4" ASPHALT 1'-0" 6"VARIES EXISTING PAVEMENT SAWCUT FIRST FOR CLEAN BUTT JOINT (TYP.) MILL 1.5" AVERAGE 4" ASPHALT 6" EXISTING SWALE EXISTING CURB AND GUTTER N.T.S. N.T.S. VARIES EXISTING CURB AND GUTTEREOPEOPEXISTING SWALE A 2'-0" A 1'-0" N.T.S. SPEED HUMP (ASPHALT) R-54 DATE: 04/23/20 CITY OF MIAMI DEPARTMENT OF RESILIENCE & PUBLIC WORKS DETAIL 158 HUMPSPEEDHUMPSPEEDAHEADHUMPSPEEDHUMPSPEEDAHEAD N10 40 Feet 0 700-1-11 24"X12" W16-9P 30"X30" W17-1 700-1-11 24"X12" W16-9P 30"X30" W17-1 700-1-11 24"X12" W16-7P 30"X30" W17-1 700-1-11 24"X12" W16-7P 30"X30" W17-1 6" WHITE Y/Y RPM'S @ 40' O.C. 6" DOUBLE YELLOW W/ DATE DESCRIPTION REVISIONS NO. SHEET 200' to 250' 200' to 250' SPEED HUMP 159 Page 396 2009 Edition Figure 3B-29. Pavement Markings for Speed Humps without Crosswalks 12 ft typical 9.5 ft 12 ft typical 12-inch white markings 10.4 inches Center of travel lane Center of speed hump 12 inches OPTION A OPTION B OPTION C C of RoadwayL C of RoadwayL 6 ft 12 ft typical 12 ft typical 12 ft typical 12 ft typical 12-inch white markings 6 ft Center of travel lane Center of speed hump 12-inch white markings 12 inches 12 inches Legend Direction of travel Sect. 3B.26 December 2009 160 Page 398 2009 Edition 100 ft Center of speed hump Speed hump design width 12-inch white pavement markings (see detail on this sheet) Width varies (see detail on this sheet) Edge of roadway Center line of travel lane 1 ft 20 ft 2 ft 18 ft 3 ft 16 ft 100 ft 14 ft 4 ft 12 ft 10 ft 8 ft 2 ft 5 ft 6 ft 7 ft 8 ft 12-inch white pavement markings Leading edge of speed hump DETAIL—SPEED HUMP ADVANCE WARNING MARKINGS See Figures 3B-29 and 3B-30 for pavement markings on speed humps Figure 3B-31. Advance Warning Markings for Speed Humps Legend Direction of travel Sect. 3B.26 December 2009 161 162 CITY OF SOUTH MIAMI AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS AMENDMENT NO. 1 TO THIS INTERGOVERNMENTAL AGENCY AGREEMENT DATED SEPTEMBER 25, 2014 (the "Agreement") between the CITY OF SOUTH MIAMI, FLORIDA, a municipal corporation of the State of Florida (CITY), and MIAMI-DADE COUNTY (COUNTY), a pol iti cal subdivi si on of the State of Flo ri da, providing for the CITY to perform Traffic Engineering Functi ons ("Services") is entered into this 3}_ day of 7)eC.. , 2019. WITNESS ETH WHEREAS, pursuant to Section 2-95 and 2-96.1 of the Miami-Dade County Code mandate that all traffic control and traffic engineering services in Miami-Dade County are under the exclusive jurisdiction of the County; and WHEREAS, on September 25, 2014, pursuantto City Resolution No 155-14-14249, the CITY and the COUNTY entered into an Intergovernmental Agency Agreement for the City to perform certain traffic engineering functions; and WHEREAS, the CITY desired to assume responsibilities of certain traffic engineering functions pertaining to its local municipal streets only and has requested the COUNTY to allow it to perform the function of conducting engineering studies for the feasibility of traffic calming devices and installing traffic calming; and . WHEREAS, the COUNTY has approved the City to use any other comparative traffic calming criteria established and approved by the COUNTY; and WHEREAS, the City has the ability to plan, design, and perform construction inspection of Transportation Projects within its Public Works Department and has represented to the COUNTY that it is capable, equipped, and qualified to perform the duties and functions requested herein; and WHEREAS, the parties agree that once this Agreement is executed it shall supersede and replace the lnterlocal Agreement of September 25, 2014 between the parties; 163 NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. Rec itals Adopted. The recitals set forth above are incorporated herein by reference and confirmed. 2. T raffic Control Devices. The City may install and maintain only the following designated types of traffic control devices (Traffic Control Devices), and only on those local municipal streets operated and maintained by the City of South Miami within its boundaries, and not less than 250 ft from existing traffic signals, County roadways, State roadways and the boundaries of the City limits; or within school zones , or adjacent to bicycle facilities ( except Sharrow) or hospitals: a) Traffic Circles b) Speed Humps c) Historic Street Name Signs d) In-Street Pedestrian Crossing Signs e) raised intersections 3. Installation. Traffic Calming Devices may be installed on local municipal streets only after sealed and signed design plans have been reviewed and received written approval by the City, through its City Manager or his/her designee, provided that such design plans utilize the standard County design, or the standard City design attached as Exhibit "A", no additional review or approval by DTPW shall be required before installation. To the extent that design plans deviate from the standard design attached as Exhibit "A", such plans shall be submitted to the County for its review and written approval. A copy of such design plans shall be submitted to the applicable Department of the County. For installation of traffic control devices (as described in section 2 of this agreement), the City shall hire a County licensed contractor or perform the work in-house by the City of South Miami Public Works crew. 164 4. Decals. The City shall attach a decal to the back of the sign panels indicating ownership and date of installation. 5. Maintenance. The City assumes sole and complete responsibility for the maintenance of the Traffic Control Devices that are installed by the City within its boundaries. The City shall be responsible for the aesthetics of all installed Traffic Control Devices (e.g . peeling, graffiti, flyers, stickers, etc.). If the City fails to maintain the Traffic Control Devices, it shall be responsible for any and all costs incurred by the County to replace or remove them. 6. Liability and Indemnification. The City assumes sole and complete liability for any and all accidents, damages, and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, and hereby indemnifies to the extent allowed by 768.28, Florida Statutes, and saves harmless the COUNTY from any and all claims as a result of the installation, operation or maintenance of said traffic control devices. 7 . Standards. All Traffic Control Devices installed by the City in accordance with this Agreement shall conform to the applicable requirements established by the following publications including latest revisions: Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami-Dade County Public Works Standard Detail Manual (available from the Public Works and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128). A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO). Roundabouts: An Informational Guide, Federal Highway Administration, U~S. Department of Transportation. Florida Roundabout Guide, Florida Department of Transportation. 165 8. Florida Bicycle Facilities Planning and Design Handbook, Florida Department of Transportation. Miami-Dade County Traffic Flow Modification(s)/Street Closure Procedure, Revised January 2009, or any other comparative criteria available to municipalities which have been approved by the County, with the decision to elect one option or the other to be determined at the City's discretion. Street Name Signs. Should the CITY install street name signs at the same site where a stop-top street name exists, then the CITY shall utilize the other corners of the intersection. Subsequently, the CITY shall remove the COUNTY's stop-top street name signs by an approved sign contractor. All signs and hardware removed shall be dismantled and returned to the Traffic Signals and Signs Division of the COUNTY's Public Works and Waste Management Department. 9. Public Records. The City shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 10. No Waiver of Sovereign Immunity. Notwithstanding any other term in this Agreement, nothing shall be deemed to be a waiver of either the City or the County's immunity or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 11. Termination. Either the City or the County may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and/or convenience of the terminating party, upon twenty (20) business days written notice; provided, however, that at the option of the County, the City shall continue to maintain, repair, and be responsible for any Traffic Control Devices installed by the City while this Agreement was in effect. Prior to the termination of this Agreement, however, the City may elect to remove any one or all Traffic Control Devices installed by the City; provided the City shall restore the roadway and area in which the Traffic Control Device was located 166 to the condition that existed before the City's installation . 12. Failure to Comply with Agreement. Upon written notification by the COUNTY, the CITY shall immediately remove any Traffic Control Device, at the City's sole cost and expense that is not in compliance with the terms of this Agreement. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of this Agreement, at the sole discretion of the County upon five days' notice. 13. Headings. The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. 14. Ambiguities. The preparation of this Agreement has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 15. Entirety. This Agreement embodies the entire agreement between the Parties with respect to the matters addressed herein. Previous agreements and understandings of the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third party beneficiaries are created with respect to any claims against the County by virtue of this Agreement. 16. Amendments. This Agreement may be amended, modified, or altered , and its material provisions may be waived, only by written instrument, and only if properly executed by all parties hereto. 17. Effective Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all parties hereto. 18. Execution. This Agreement may be executed in one or mor~ hard or e.lectronic -.. : 167 counterparts, which, when taken together, shall constitute one fully executed instrument. 19. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom ft is intended, at the place specified. The method of delivery shall be consistent among all of the persons listed herein. For the present, the Parties designate the following as the respective places for notice purposes: TO COUNTY : TO CITY : Alice N. Bravo, DTPW Director 701 NW 1st Court -Suite 1700 Miami, FL 33136 City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. Attest: HARVEY RUVIN, CLERK 168 County Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney Attest: CITY OF SOUTH MIAMI By ¾a.-P~ City Clerk Approved as to form, legality and execution thereof: City Attorney 169