Loading...
Res No 085-22-15838RESOLUTION NO.: 085-22-15838 A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for design and limited bid and construction administration of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue. WHEREAS , the City Mayor and Comm i ss i on wish to provide traffic calming measures based on t he recommendations provided by the Citywide Traffic Cal ming Study; a nd WHEREAS, t he City Commission budgeted for this project in the Capital Improvement Program 5- Year Plan; and WHEREAS, SRS Engineering In c., is one of six firms selected by Resolution No. 056-22-1 5809, to provide professional service ag reement for eng in eering services on as needed basis in accordance with Fl orida Statute 287.055, "Co nsultants Competitive Negotiation Act"; and WHEREAS, SRS Engineering Inc., su bmitted a revised prop osa l for professional e nginee ring serv ices; and WHEREAS, the scope of services, staff all ocat io n and ma n-hours were negoti ated; an d WHEREAS, the amo un t of $87,350 was found t o be comprehensive and cost effective in its design approac h; and WHEREAS, the Mayor and City Commiss ion desire to authorize the City Manager to execute a professional se rvice work o rder w ith SRS Engi neering Inc., to desig n and provide limited bid and co n struction administration of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace a nd SW 58th Avenue, an d SW 82nd Stre et and SW 58th Aven ue for a total amo unt not to exceed $87,350. WHEREAS, t he ex penditure sha l l be charged to the to the People's Transportation Tax Fund Accou nt number 124-1730-541 -6490 w hich ha s a balance of $825,583.46 before th is reque st was made. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA : Section 1. Th e foregoing recitals are hereby ratified and confirmed as being t r ue and they are incorporated into thi s resolution by reference as if set forth in full here in . Section 2. Th e City Manager i s hereby authorized to exec ute a profess iona l service work order with SRS Engineering In c., to provide Profess i o nal Engineeri ng Services to d es ign and provide limited bid and construction admini strati o n of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue for an amount not to exceed $87,350. The expenditure i s to be charged to the Peo ple's Transportation Tax Fund Accou nt number 124-1730-541-6490 wh ich has a balance of $825,583.46 before t hi s request was made . Page 1 of 2 Res. No. 085-22-15838 Section 3. Corrections . Conforming l ang ua ge or technical sc riven er-typ e co rre ctions may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution fo r signature. Section 4: Severability. If any secti on, clause, sente n ce, or phr ase of t hi s resolution is for any reason he ld invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the val idity of the r ema ining portions of t hi s r eso luti on. Section 5 : Effective Date: This reso lution shall becom e effective immed iately upon adoption. PASSED AND ADOPTED this 19th day of !.!d.!Y, 2022. ATTEST : CITY CLE RK READ AND APPROVED AS TO FORM, COMMISSION VOTE: ~~:;;~UTION Cl~Y Mayor Philips: Vice Mayor Harris: Commissioner Gil: Commissioner Liebman: Comm i ssioner Corey: Page 2 o f 2 5-0 Yea Yea Yea Yea Yea Agenda Item No:3. City Commission Agenda Item Report Meeting Date: July 19, 2022 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for design and limited bid and construction administration of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue. 3/5 (Commissioner Gil) Suggested Action: Attachments: Memo Design Traffic Circles 7-13-22.docx Reso Design Traffic Circles 7-13-22.docx Traffic Circle SW 76 St. SW 77 Terr. and SW 82 St. 3-16-22.con.pdf SRS Engineering, Inc.Prof Serv Agrment 5-22.pdf Res No 056-22-15809.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:July 19, 2022 SUBJECT:A Resolution authorizing the City Manager to execute a professional service work order to SRS Engineering Inc., for design and limited bid and construction administration of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue. BACKGROUND:The City completed a Citywide Traffic Calming Study and identified three (3) locations that did not meet the traffic calming criteria thresholds and are eligible for traffic calming measures. The study recommended three (3) traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue. The design of the circles shall be in accordance with the Intergovernmental Agency Agreement with Miami-Dade County to Perform Traffic Engineering Functions. Design of the three traffic circles shall include drainage improvements, as required, new concrete sidewalks (sidewalks shall only be provided where existing sidewalks exists), ADA ramps, curbs and gutter, relocation of fire hydrant and utility poles, landscaping of circle, and permitting with government agencies. The services will also include a bid/award phase, and Construction Administration. As the next City’s rotation list consultant, SRS Engineering Inc., was requested to provide a proposal for design, and limited bid and construction administration phase. SRS Engineering Inc., submitted a revised proposal that is comprehensive and cost effective for the services requested. SRS Engineering Inc., is one of four firms selected by Resolution No. 056-22-15809, 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 $ 87,350. Please refer to the consultant contract and fee schedule. FUND &ACCOUNT:The expenditure shall be charged $87,350 to the to the People’s Transportation Tax Fund Account number 124-1730-541-6490 that has a balance of $825,583.46 before this request was made. ATTACHMENTS:Resolution Resolution #056-22-15809 Professional Service Agreement dated May 3, 2022 SRS Enginering Inc., proposal dated March 16, 2022 2 March 16, 2022 Mr. Aurelio J. Carmenates, P.E. Capital Improvement Program Project Manager Public Works Engineering & Construction Division 6130 Sunset Drive Miami, Fl 33143 Re: Traffic Circles – SW 76th Street and SW 61st Avenue SW 77th Terrace and SW 58th Avenue SW 82nd Street and SW 58th Avenue Dear Mr. Camenates, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Agreement for Professional Engineering Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Professional Consulting Engineering Services in connection with the referenced project. SCOPE OF WORK The scope of work for this project is to provide engineering design, preparation of construction documents, plans processing and permitting (City of South Miami and Miami-Dade County Regulatory and Economic Resources (RER), and provide limited construction phase support services to the City of South Miami for the construction of three new traffic circles at the intersections of SW 76th Street and SW 61st Avenue, SW 77th Terrace and SW 58th Avenue, and SW 82nd Street and SW 58th Avenue. All three traffic circles shall be designed as one project and they shall be bid together. The design of the circles shall be in accordance with the Intergovernmental Agency Agreement with Miami-Dade County to Perform Traffic Engineering Functions. Design of the three traffic circles shall include drainage improvements, as required, new concrete sidewalks (sidewalks shall only be provided where existing sidewalks exists), ADA ramps, curbs and gutter, relocation of fire hydrant and utility poles, landscaping of circle, and permitting with government agencies (RER and City of South Miami). Our Basic Professional Services will consist of:  30% and 90% Submittal – This phase will consist of a 30% and 90% design submittal including copies of geotechnical reports, topographical survey, utility designates, preparation of base plans, drainage calculations, analysis of the proposed drainage system, design layout of proposed roadway plan and profile, preparation of summary of quantities, pavement marking and signage plans, signage and marking quantities, SWPPP, specifications, and engineer’s estimate of probable construction cost. Services provided during this phase including the following: 5 March 16, 2022 Page 2  Coordinate and attend meetings with City of South Miami staff and local regulatory agencies including RER to establish design guidelines and permit submittal requirements.  After the initial meeting with City staff, the first step will be to gather all available data concerning the project site and associated design requirements. This task includes conducting a utility search and identification of existing utilities, existing traffic controls, review roadway designs standards, etc.  Contract and coordinate with the Surveyor to obtain survey information required for design. The survey will obtain all topography and right of way information within the limits of our project. See attached fee proposal from Hadonne Corp. for additional information.  Contract and coordinate with a geotechnical test lab to prepare geotechnical report with recommendations for design and to conduct soil borings and percolation tests, as required for roadway and drainage design. See attached fee proposal from Nelco Testing and Engineering Services, Inc. for additional information.  Contract and coordinate with Landscape Architect to prepare landscaping plans and details. See attached fee proposal from Curtis + Rogers Design Studio, Inc. for additional information.  Conduct a pre-design field site visit and inspection of existing roadways. This task includes reviewing existing survey information and verifying it with existing field conditions.  Once the survey, geotechnical and utilities information is gathered, the design base maps (existing conditions) are prepared. The base maps will include all topographical and boundary information, road centerline and right of ways, easements, and existing utilities. The base map shall be prepared in AutoCAD format at a scale of 1 inch = 40 feet or as needed.  Conduct a drainage study of project area. Drainage calculation will be prepared. Drainage system shall consist of an interconnected exfiltration trench system with no discharge to the canal or water bodies. Analysis will be based on a 5-year return period using the rational method and a minimum time of concentration of 10 minutes. Also, includes a design documentation report.  Preparation of project title sheet.  Preparation of general notes sheet.  Preparation of summary of quantities sheet.  Preparation of typical cross sections sheet.  Preparation of paving, grading and drainage plan sheet.  Preparation of drainage structures section sheets.  Preparation of summary of drainage structures.  Preparation of roadway pavement marking and signage.  Preparation of miscellaneous details sheets. 6 March 16, 2022 Page 3  Preparation of project specifications. The project final specifications package using format provided by the City of South Miami and add any Special Provisions and Technical Special provisions incidental to the work to be performed.  Preparation of engineer’s estimate of probable construction cost.  Submit 30% complete construction documents including, geotechnical reports, topographical survey, drainage calculations report, design of proposed roadway paving, grading and drainage plan, pavement marking and signage plans.  Submit 90% complete construction documents including finalized drainage calculations report, title sheet, general notes sheet, design of proposed roadway paving, grading and drainage plan, preparation of summary of quantities, pavement marking and signage plans, signage and marking quantities, drainage structures and profiles, typical cross sections, landscaping plans and details, specifications, and engineer’s estimate of probable construction cost.  Submit copies of 90% complete construction documents to City of South Miami for review and comments.  100% Submittal – will consist of the finalizing construction documents for the project. This work will include the finalizing construction drawings, updating specifications and construction cost estimate. Prepare applications and documentation for approval by regulatory agencies. Services provided during this phase include the following:  Progress meeting with City and County staff to review comments from previous submittal and discuss project and permit requirements.  Prepare and process permits applications and documentation for approval.  Prepare the Standard Drainage Permit application, report, drainage calculations and supporting documentation for submittal to the RER for permitting the proposed drainage system.  Prepare drawings for submittal to City of South Miami Public Works for review and permitting of the roadway and pavement marking and signage.  Submit 100% complete construction documents including project drawings, technical specifications, and copies of approved project drawings, permit applications and approvals.  Submit copies of 100% complete construction documents and permit applications to City of South Miami and RER for their review and approval.  Bid and Award Phase Services – will consist of pre-construction support services including attending pre-bid meeting, responding to pre-bid request for information, and review of bids.  Attend pre-bid meeting  Provide supplemental information and/or clarification of construction documents to prospective bidders during the bid solicitation process. 7 March 16, 2022 Page 4  Review bid submittals and attend bid-opening meeting.  Construction Phase Services – will consist of limited construction support services including attending pre-construction meeting with City, responding to request for information, and review and approval of shop drawings.  Attend pre-construction meeting (1) and prepare minutes for distribution.  Review and process shop drawings.  Respond to Contractor request for information and clarification of contract documents.  Review and recommend Contractor change order requests, if any.  Conduct four (4) construction site visits to observe the work in progress.  Conduct one final substantial completion site inspection and for completion. Our Additional Professional Services, if requested by you in writing which are not within the scope of this contract and would be negotiated as per our contract agreement with the City of South Miami.  Prepare and mail out Ballot Notices to each of the four corner (adjacent) property owner.  Preparation of traffic studies or warrant studies, if required by MD-DTPW.  Submitting drawings to MD-DTPW for review and approval.  Coordinating or attending community meetings.  Follow up, in-person meetings with residents.  Environmental engineering and permitting associated with site contamination issues, including testing of soil and ground water for contamination.  Design of Street Lighting and irrigation.  Providing construction observation site visits and inspection services.  Preparation of “As-built” drawings or easement documents.  Additional construction phase services other than those mentioned above.  Other professional engineering services as may be requested by you. SUBCONSULTANTS The following are professionals contracted be SRS Engineering, Inc. to assist in the preparation of the work outlined above. 8 March 16, 2022 Page 5  Curtis + Rogers Design Studio, Inc. (Landscape Architecture)  NELCO Testing and Engineering Services, Inc. (Geotechnical Engineering)  Hadonne Corp. (Surveying and Utility Designate) COMPENSATION Our Engineering Fees for the above described Basic Services will be a lump sum amount of EIGHTY- SEVEN THOUSAND THREE-HUNDRED AND FIFTY DOLLARS ($87,350.00). Ours fees for Basic Services include the cost of regular expenses. Our fee does not include the permitting, plan review, or other fees. Payment will be based on monthly invoicing as a percentage of completion of work as follows: Surveying and Geotechnical .............................................................. $ 19,150.00 30% Submittal ..................................................................................... $ 17,313.50 90% Submittal ..................................................................................... $ 32,181.50 100% Submittal ...................................................................................... $6,845.00 Bid and Award Phase Services............................................................ $ 2,970.00 Construction Phase Services .............................................................. $ 8,790.00 Reimbursable Expenses .......................................................................... $ 100.00 Total fee ................................................................................................ $ 87,350.00 We would expect to commence our services promptly after receipt of your acceptance of this proposal. This Proposal and our standard contract agreement with the City represent the entire understanding between City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be modified in writing when signed by both of us. If it satisfactorily sets forth your understanding of our agreement, we would appreciate you signing both copies of this Proposal and returning one (1) copy to us, retaining a copy for your files. Very truly yours, Ignacio Serralta, P.E. President Accepted this _____ day of ___________, 2022 ______________________________________ Title___________________________________ traffic circle sw 76 st. sw 77 terr. and sw 82 st. 3-16-22.con.docx 9 ENGINEERING COST BREAKDOWN City of South Miami DATE:3/16/2022 ACTIVITY PRINCIPAL PROJECT MGR SR. ENGINEER SR.CADD TECH CONST. INSP.CLERICAL TOTAL TOTAL BY SRS HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HRS RATE HOURS COST ROADWAY DESIGN $180.00 $150.00 $125.00 $90.00 $75.00 $90.00 $45.00 PROJECT MANAGEMENT & COORDINATION 3 $180.00 6.0 $150.00 8 $125.00 $90.00 $75.00 $90.00 1 $45.00 18 $2,485.00 COORDINATION WITH UTILITY COMPANIES FOR RELOCATIONS $180.00 6.0 $150.00 16 $125.00 $90.00 $75.00 $90.00 $45.00 22 $2,900.00 FIELD INVESTIGATIONS $180.00 3.0 $150.00 6 $125.00 $90.00 $75.00 $90.00 $45.00 9 $1,200.00 CONDUCT UTILITY SEARCH $180.00 1.0 $150.00 4 $125.00 8 $90.00 $75.00 $90.00 $45.00 13 $1,370.00 PREPARATION OF BASE PLANS $180.00 $150.00 3 $125.00 12 $90.00 $75.00 $90.00 $45.00 15 $1,455.00 PREPARE DRAINAGE REPORT & CALCULATIONS $180.00 2.0 $150.00 12 $125.00 6 $90.00 $75.00 $90.00 $45.00 20 $2,340.00 TYPICAL CROSS SECTIONS $180.00 1.0 $150.00 12 $125.00 18 $90.00 $75.00 $90.00 $45.00 31 $3,270.00 PAVING, GRADING, AND DRAINAGE PLAN $180.00 2.0 $150.00 32 $125.00 32 $90.00 $75.00 $90.00 $45.00 66 $7,180.00 DRAINAGE STRUCTURE AND DETAILS $180.00 1.0 $150.00 6 $125.00 16 $90.00 $75.00 $90.00 $45.00 23 $2,340.00 PAVEMENT MARKING AND SIGNAGE $180.00 2.0 $150.00 16 $125.00 24 $90.00 $75.00 $90.00 $45.00 42 $4,460.00GEN. NOTES, QUANTITIES AND MISC. DETAILS $180.00 2.0 $150.00 12 $125.00 24 $90.00 $75.00 $90.00 $45.00 38 $3,960.00 PREPARE CONSTRUCTION COST ESTIMATES $180.00 1.0 $150.00 8 $125.00 6 $90.00 $75.00 $90.00 $45.00 15 $1,690.00 PREPARE TECHNICAL SPECIFICATIONS $180.00 1.0 $150.00 8 $125.00 16 $90.00 $75.00 $90.00 1 $45.00 26 $2,635.00 PREPARE 90% DESIGN PLAN SUBMITTAL 2 $180.00 3.0 $150.00 4 $125.00 4 $90.00 $75.00 $90.00 2 $45.00 15 $1,760.00 SUBMIT TO TOWN & RER OF REVIEW AND COMMENTS 2 $180.00 6.0 $150.00 8 $125.00 8 $90.00 $75.00 $90.00 $45.00 24 $2,980.00 PREPARE 100% DESIGN PLAN SUBMITTAL 2 $180.00 4.0 $150.00 4 $125.00 4 $90.00 $75.00 $90.00 1 $45.00 15 $1,865.00 BID PHASE SERVICES $180.00 4.0 $150.00 6 $125.00 $90.00 $75.00 $90.00 $45.00 10 $1,350.00 CONSTRUCTION PHASE SERVICES $180.00 8.0 $150.00 16 $125.00 $90.00 $75.00 24 $90.00 $45.00 24 $5,360.00 TOTAL 9 $180.00 53 $150.00 181 $125.00 178 $90.00 0 $75.00 24 $90.00 5 $45.00 426 $50,600.00 ACTIVITY DESCRIPTION COST BY OTHERS HADONNE CORP. NELCO CURTIS + ROGERS DESIGN STUDIO, INC. TOTAL =TOTAL =$36,650.00 SUMMARY ACTIVITIES BY SRS (Salaries)X 1.00 $50,600.00 ACTIVITIES BY OTHERS $36,650.00 Estimated OUT OF POCKET EXPENSES including reproduction costs, etc.$100.00 TOTAL THIS PROPOSAL = SW 76th St. & SW 61st Ave., SW 77th Terr. & SW 58th Ave., SW 82nd St. & SW 58th Ave. Traffic Circles $3,750.00 $17,500.00 $15,400.00 ENGINEER $87,350.00 $50,600 TOPOGRAPHICAL SURVEY GEOTECHNICAL REPORT AND TESTING LANDSCAPE ARCHITECTURE 10 March 18, 2022 Curtis + Rogers Design Studio, Inc. PROPOSED SCOPE OF SERVICES AND FEES FOR LANDSCAPE ARCHITECTURAL SERVICES To: Ignacio Serralta, P.E. SRS Engineering, Inc. 5001 SE 74th Court, Suite 201 Miami, Fl 33155 RE: City of South Miami Traffic Circles: 1. SW 76th Street and SW 61st Avenue 2. SW 77th Terrace and SW 58th Avenue 3. SW 58th Avenue and SW 82nd Street Dear Mr. Serralta: We are pleased to present this proposal for landscape architectural services related the design plans for the above-named project. We understand our role as Landscape Architects will be to prepare the construction documents for planting for the three (3) above-referenced traffic circles, using drought tolerant plants that will require no permanent irrigation. Our specific scope of work is: Task 1: 30% Plans A. C+R Team will review site conditions and assess the existing trees for damage or health issues. C+R Arborist will create a report of the trees that are desired to be removed that includes their conditions and photographs. B. C+R will develop a 30% initial plan for the City’s review and comment. C. We assume that we will receive full survey information in digital format from surveyors. Task 2: Construction Documents 90% & 100% Plans and Permitting Construction Documents will consist of the following: A Tree Disposition Plan showing the existing trees 2” DBH and 12’ height and Palms 6” DBH and 16’ height or larger, along with their size, condition and details regarding whether they will remain, be relocated, or be removed. Tree protection details and specifications shall be provided if necessary. We require an electronic survey in CAD showing the locations of all existing trees and palms meeting the above-mentioned minimal size requirements within the project limits to provide these plans. A Planting Plan. The plan will indicate the location, size, quantity, and quality of proposed plant materials. Details and specifications of planting installation will be provided. C U R T I S + R O G E R S D E S I G N S T U D I O I N C. L a n d s c a p e A r c h i t e c t u r e 7 5 2 0 S. R E D R O A D S U I T E M S O U T H M I A M I F L O R I D A 3 3 1 4 3 T E L E P H O N E 3 0 5-4 4 2-1 7 7 4 F A C S I M I L E 3 0 5-4 4 5-9 4 8 8 L L C. LC 000241 www.curtisrogers.com 11 Page 2 Permitting Assistance Assist Lead team in permitting related services, such as making clarifications or changes to details and drawings to solve minor issues related to code compliance. Meet with the City of South Miami and all other applicable agencies to resolve any comments for obtaining the Permits related to Landscape. This fee covers up to two revisions - should more be required; additional services shall be required. Task 3: Bidding Compile all comments from permitting e! ort and conform drawings into a bid set for issuing to bidders. We assume the City of South Miami will have the primary responsibility for bidding the documents - inclusive of the development of the “front end” general conditions of the project. C+R will assist the City of South Miami in any particulars related to the project and provide assistance such as responding to bidders questions and issuing addendums as needed. Task 4: Construction Related Services In our capacity as Landscape Architects, we propose to assist during the construction phase by performing the following tasks for work which was documented by Curtis+ Rogers: • Review shop drawings and submittals. • Respond to RFI’s • Provide supplemental information as required. • Assist in review and approval of plant selections in the field. • Review proposed change orders and make recommendations as to their acceptability. • Make periodic inspections of the work in progress. • Make inspections for substantial completion and for completion. The activities of the work will be coordinated with the Owner, Architect, the Civil, Structural, Mechanical, Electrical, and other consultants, as may be necessary. We will coordinate with South Miami, Miami- Dade County and any other entities which have jurisdiction over the work for which we are responsible. We assume that we will receive base information from the architects in AutoCAD format. COMPENSATION We propose to do this work for a lump sum of $17,500. Attached please find hourly derivation, we used to arrive at the lump sum fee for your use. 1. 30% Initial Plans: $5,600 2. Construction Documents (90% & 100% Plan Submittals) & Permitting: $6,850 3. Bidding: $1,620 4. Construction Phase Services: $3,430 12 Page 3 Additional Services – Additional services which are not covered by items identified above will be undertaken upon your approval and will be based on a previously negotiated fee or in a time and material basis in accordance with the master agreement rates. Expenses such as printing for internal coordination, postage, and couriers are included in the above fees. Alternatively, we will provide hard or digital copies of the documents, for reproduction. The balance will be billed monthly, in accordance with the percentage of work completed to date. A copy of our Standard Terms and Conditions is attached and, by reference, is a part of this proposal. Please call me if you have questions regarding any aspect of this proposal. If this Proposal meets with your approval, please sign one copy return, with the retainer as our authorization to proceed. Regards, Jennie Rogers, ASLA Principal Curtis + Rogers Design Studio, Inc. _________________________________ _____________ For SRS Date: 13 3/18/2022 Project:City of South Miami - 3 Traffic Circles (SW 76 St & 61 Ave, SW 77 Ter & 58 Ave, and SW 58 Ave & 82 St)Estimated by:Jennie Rogers Project No: Jennie Rogers Ralph Ruben Julio Persevale Jennie 6 $1,080.00 10 $1,250.00 18 $2,070.00 $0.00 $0.00 16 $1,200.00 $0.00 $0.00 $5,600.00 10 $1,800.00 18 $2,250.00 $0.00 $0.00 40 $2,800.00 $0.00 $0.00 $0.00 $6,850.00 Bidding 1 $180.00 6 $750.00 6 $690.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,620.00 2 $360.00 8 $1,000.00 18 $2,070.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,430.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27 42 42 40 $3,420.00 $5,250.00 $4,830.00 $2,800.00 $17,500.00 SUBTOTAL ESTIMATED FEE:$17,500.00 Subconsultant: Subconsultant: Subconsultant: Subconsultant: SUBTOTAL ESTIMATED FEE:$17,500.00 Additional Services ( Allowance) Reimbursables ( Allowance) TOTAL ESTIMATED FEE:$17,500.00 Job Classification Staff Name: Hourly Rate: Task: Principal $180.00 Man- hours Cost/Activity Senior Land Arch $125.00 Man- hours Cost/Activity Land Arch $115.00 Man- hours Cost/Activity $95.00 Man- hours Cost/Activity Land Arch Intern $70.00 Man- hours Cost/Activity Other $0.00 Man-hours Cost/Activity 30% initial plans, meetings, & sketches 90% & 100% CDs & Permitting Arborist $75.00 Man- hours Cost/Activity Other $0.00 Man- hours Cost/Activity Land Arch Staff Hours by Activity Date: Total Staff Hours Total Staff Cost Total % of Work by Position STAFF CLASSIFICATION CA 14 Land Surveyors and Mappers Land Development Consultants Subsurface Utility Designates PROPOSAL / AGREEMENT HADONNE l 1985 NW 88th Court ▪ Suite 101 ▪ Doral, FL. 33172 ▪ P: +1(305) 266-1188 ▪ F: +1(305) 207-6845 ▪ www.hadonne.com ▪ LB7097 1 / 5 In reference to: Surveying Services for the project as shown on the attached Exhibit “A” located within the City of South Miami, FL. Dear Mr. Serralta: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (HC) is pleased to submit the following proposal for your consideration: Scope of Services: Perform a Topographic Survey of the three locations outlined on the attached Exhibit “A”, survey to include the following items: Design Survey – topographic, right-of-way and drainage survey. Review all right-of-way maps, dedication easements, maps, plats and other recorded documents to establish the existing and current right-of-way; conduct topographic survey of intersection extending 150’ in all directions from centerline intersection. Obtain elevations 10’ into private property and cross sections every 25’. Deliverables: Five signed and sealed copies of the resulting Map of Topographic Survey along with the resulting CAD (DWG format), LandXML and PDF files. Time of Completion: We have estimated two calendar weeks to submit a preliminary survey and three weeks for the final submittal of the Topographic Survey. Schedule of Fees: Principal 14 Hours @ 180.00$ Per Day 2,520.00$ 3 Man Survey Crew 60 Hours @ 125.00$ Per Day 7,500.00$ Surveyor & Mapper 16 Hours @ 85.00$ Per Hour 1,360.00$ Senior CADD Technician 50 Hours @ 75.00$ Per Hour 3,750.00$ Clerical 6 Hours @ 45.00$ Per Hour 270.00$ Total Professional Fee:15,400.00$ Tuesday, March 15, 2022 SENT VIA: ignacio@srs-corp.com Submitted to: Ignacio Serralta, P.E. SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 15 PROP_TOPO_CIRC_3_03-03-2022.DOCX HADONNE l 1985 NW 88th Court ▪ Suite 101 ▪ Doral, FL. 33172 ▪ P: +1(305) 266-1188 ▪ F: +1(305) 207-6845 ▪ www.hadonne.com ▪ LB7097 2 / 5 Qualifications: County and / or Municipality Fees are not included in this Proposal and are the Client’s responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the “Minimum Stan dards of Practice for Land Surveying in the State of Florida”, pursuant to Rule 5J17-05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC’s hourly rates for calendar year 2022. Our ability to perform is and will be completely influenced by the Client’s ability to make the site available and to eliminate all conditions that may interfere with HC’s ability to furnish services, and weather conditions . HC will require a 48-hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to HC. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at +1(305) 266-1188. Respectfully, Abraham Hadad, PSM President 16 PROP_TOPO_CIRC_3_03-03-2022.DOCX HADONNE l 1985 NW 88th Court ▪ Suite 101 ▪ Doral, FL. 33172 ▪ P: +1(305) 266-1188 ▪ F: +1(305) 207-6845 ▪ www.hadonne.com ▪ LB7097 3 / 5 EXHIBIT “A” (Location 1) 17 PROP_TOPO_CIRC_3_03-03-2022.DOCX HADONNE l 1985 NW 88th Court ▪ Suite 101 ▪ Doral, FL. 33172 ▪ P: +1(305) 266-1188 ▪ F: +1(305) 207-6845 ▪ www.hadonne.com ▪ LB7097 4 / 5 EXHIBIT “A” (Location 2) 18 PROP_TOPO_CIRC_3_03-03-2022.DOCX HADONNE l 1985 NW 88th Court ▪ Suite 101 ▪ Doral, FL. 33172 ▪ P: +1(305) 266-1188 ▪ F: +1(305) 207-6845 ▪ www.hadonne.com ▪ LB7097 5 / 5 EXHIBIT “A” (Location 3) 19 13370 SW 131st Street, Suite 105, Miami, FL. 33186 (305) 259 -9779 Letter of Proposal March 2nd, 2022 SRS Engineering, Inc. 5001 SW 74th Court, Suite 201 Miami, Florida 33155 Attention: Ignacio Serralta, P.E. Reference: Proposed Traffic Circles SW 76th Street and SW 61st Avenue SW 77th Terrace and SW 58th Avenue SW 58th Avenue and SW 82nd Street South Miami, Florida Thank you for requesting a proposal for our services at the above referenced project. We hereby propose to perform the following: SW 76th Street and SW 61st Avenue 1 Standard Penetration Test Boring (10 feet deep) @$100.00 each---------------------------- $ 100.00 1 Percolation Test (per SFWMD - 15 feet deep) @ $300.00 each------------------------------ $ 300.00 Asphalt Core Sampling & Thickness (including sampling, asphalt thickness measurement, and restorations) 1 Core @$75.00 each --------------------------------------------------------------------------- $ 75.00 Boring/Percolation Test-Hole Restorations (total 25’ @$5.00/foot) -------------------------- $ 125.00 Geotechnical Report with Roadway/Layered Asphalt Recommendations--------------------- $ 350.00 Public Utility Location/Layout Coordination------------------------------------------------------ $ 100.00 Drill Rig/Equipment /Personnel Mobilization----------------------------------------------------- $ 200.00 (Standard fee of $ 200.00 per day/per trip) A: Sub-Total Amount---------------------------------------- $ 1,250.00 SW 77th Terrace and SW 58th Avenue 1 Standard Penetration Test Boring (10 feet deep) @$100.00 each---------------------------- $ 100.00 1 Percolation Test (per SFWMD - 15 feet deep) @ $300.00 each------------------------------ $ 300.00 Asphalt Core Sampling & Thickness (including sampling, asphalt thickness measurement, and restorations) 1 Core @$75.00 each --------------------------------------------------------------------------- $ 75.00 Boring/Percolation Test-Hole Restorations (total 25’ @$5.00/foot) -------------------------- $ 125.00 Geotechnical Report with Roadway/Layered Asphalt Recommendations--------------------- $ 350.00 Public Utility Location/Layout Coordination------------------------------------------------------ $ 100.00 Drill Rig/Equipment /Personnel Mobilization----------------------------------------------------- $ 200.00 (Standard fee of $ 200.00 per day/per trip) B: Sub-Total Amount-----------------------------------------$ 1,250.00 *Continued, Page 2* 20 NELCO TESTING AND ENGINEERING SERVICES 13370 SW 131st Street, Suite 105, Miami, FL. 33186 (305) 259 -9779 *Continued from Page 1* SW 58th Avenue and SW 82nd Street 1 Standard Penetration Test Boring (10 feet deep) @$100.00 each---------------------------- $ 100.00 1 Percolation Test (per SFWMD - 15 feet deep) @ $300.00 each------------------------------ $ 300.00 Asphalt Core Sampling & Thickness (including sampling, asphalt thickness measurement, and restorations) 1 Core @$75.00 each --------------------------------------------------------------------------- $ 75.00 Boring/Percolation Test-Hole Restorations (total 25’ @$5.00/foot) -------------------------- $ 125.00 Geotechnical Report with Roadway/Layered Asphalt Recommendations--------------------- $ 350.00 Public Utility Location/Layout Coordination------------------------------------------------------ $ 100.00 Drill Rig/Equipment /Personnel Mobilization----------------------------------------------------- $ 200.00 (Standard fee of $ 200.00 per day/per trip) C: Sub-Total Amount-------------------------------------- --$ 1,250.00 TOTAL AMOUNT (A+B+C)-------------------------------------------------------------------------$3,750.00 - Please note site is to be accessible for entry & performance of work. Any clearing necessary is to be performed by others. This proposal is based on site being accessible with truck-mounted drilling equipment. - Net Pay: 30 Days NOTE: Conducting the above referenced tests involves driving a heavy truck -mounted drill rig or the mobilization of other heavy drilling equipment (i.e. tri-pod) into the property, and drilling holes into the ground. We will not assume responsibility for damage to privately owned underground utilities (such as sprinklers, street lighting, etc.), septic tanks or other underground structures which may result from drilling activities or mobilization of drilling equipment if not identified prior to mobilization to the site. We will also not be responsible to damage of lawn or soft ground which may result from the use or movement of this equipment on the property. The information contained in this document is intended to be used as a proposal of project specific fees as requested, based on information given and intended for the explicit use of the client. It shall remain confidential – disclosure of any kind to third parties for any purpose is strictly forbidden. Nelco Testing and Engineering Services, Inc. is pleased t o assist you with this project. If you have any questions or need further assistance, please call us at (305) 259-9779. Respectfully Submitted, Nelco Testing and Engineering Services, Inc. ____________________________________ Ulysses Batista, President ACCEPTANCE OF PROPOSAL ________________________________ _______________________ Signature Date 21 22 EXHIBITS PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 THIS AGREEMENT, entered into this 3 day of May. 2022, by the CITY OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALl@SOUTHMIAMIFL.GOV and SRS ENGINEERING. INC., with an office and principal place of business located at 500 I SW 74TH Court, Suite 20 I. Miami, FL 33155 and E-mail address of ignacio@srs-corp .com Facsimile transmission number of 305/662-8858 (hereinafter called the "COSULTANT". WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES; and WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the Solicitation); and WHEREAS, the CITY desires to retain CONSUL TANT, to provide the required services based on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONSULTANT has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: I) Engagement of Consultant: Based on the representations of CONSULTANT as set forth in the following documents, the CITY hereby retains CONSUL TANT to provide the Scope of Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • RESPONDENT'S BID FORM, attached as "Exhibit 3 • RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as "Attachment A" to Notice of Award 2) Contract Documents: The Contract Documents include this Agreement, the documents referenced in paragraph I above and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Mandated Federal Agreement Conditions attached as Exhibit 6 to the Solicitation documents. • Solicitation documents for PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022-03. This Agreement and the Solicitation documents, the Scope of Services, and the Insurance & Indemnification Requirements take precedence over CONSULT ANT's response to the CITY's PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a part hereof by reference. 23 3) Date of Commencement: CONSULTANT commence the periormance of the Work under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). In any event, the term will not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee who is designated in a writing signed by the City Manager. The Primary Contact Person for CONSULTANT and his/her contact information is as follows: Name: Ignacio Serralta, P.E. e-mail:; of ignacio@srs-corp.com Fax: 3051662-8858 Street Address: 500 I SW 74TH Court. Suite 20. Miami. FL 33155. 5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. 6) Compensation: The CONSUL TANT's compensation for CONSUL TANT's periormance under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set forth in CONSUL TANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A to Notice of Award}, unless modified in writing signed by the City and CONSULTANT. 7) Time Provisions: The term of this Agreement commences on the Work Commencement Date and continues for Three (3) Years. with One (I) Two (2) Year Option-to-Renew. for a term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager unless the Agreement is earlier terminated in accordance with the Contract Documents. 8) Termination: This Agreement may be terminated without cause by the CITY with a thirty (30) day prior written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. 9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade County, Florida. I 0) Duties and Responsibilities: CONSULT ANT must comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Agreement or the goods and/or services to be periormed hereunder and must not commit any trespass on any private property in periorming any of the work embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though such provisions and/or clauses were included herein. I I) Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. 12) Licenses and Certifications: CONSULTANT secure all necessary business and professional licenses at its sole expense prior to commencing the Work. 13) Insurance, Indemnification & Bonding: CONSUL TANT comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein will be 24 construed to imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. I 4)Jury Trial Waiver: The parties waive their right to jury trial. 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Agreement is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Agreement if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any aces or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 16) Public Records: CONSULTANT and all of its subcontractors and subconsultants are required to comply with the public records law (s.119.070 I) while providing goods and services on behalf of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its subcontractors and subconsultants for such work. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perfonn 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 perfonn the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must 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 must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. I 7) Notices. Whenever notice is required or permitted herein, it must be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested, and will 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 will 25 not be considered to have been delivered. Notices must 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 by U.S . mail to: To CONTRACTOR: City Manager, 61 30 Sunset Dr. South Miami , FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami , FL 33143 Fax: (305) 341-0584 E-mai l: tpe pe@southmiamifl .gov 18) Corporate Authority. The CONSULTANT 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 officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the CONTRACTOR's responsibility to determine if there is grant funding. 20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement by reference. 21) Transfer and Assignment. None of the work or services under this Agreement may be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Agreement, then the City, upon written notice to CONSULTANT, or its assignee, of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONSULTANT. 23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with the City do not exceed existing prices CONSUL TANT is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONSUL TANT's pr ices decline, or 26 should respondent, at any time during the term of a contract entered into w ith City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONSULTANT immediately extend the same prices to City. 24) Anti-Discrimination. CONSULTANT and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious fami ly status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age , disability or any other classification that is federally defined as a "protected class" and CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsul_tants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. CONSULTANT must include in all of its subcontracts the following clause: "Subcontractors/subconsultants and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organ ization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class". Subcontractors/subconsultants must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract." 25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla . Stat., CONSULT ANT and its subcontractors and subconsultants must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021 . The CONSULT ANT and all subcontractors and subconsultants must comply with and be bound by the following: (a) CONSULTANT must require each of its subcontractors and subconsultants to provide CONSULT ANT with an affidavit stating that the subcontractor and subconsultant does not employ, contract with , or subcontract with an unauthorized alien. CONSULTANT must maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant to the records retention requirements of this Agreement; (b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla . Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated the provisions of this section, but that the CONSUL TANT otherwise complied, must promptly notify CONSULTANT and CONSULTANT must immediately terminate the contract with the subcontractor and subconsultant; (d) A contract terminated under the pr ovisions of this Section is not a breach of contract and may not be considered such ; 27 (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; (f) CONSULT ANT acknowledges that upon termination of this Agreement by the City for a violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public contract for at least one ( I) year. CONSULTANT further acknowledges that CONSULTANT is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONSULT ANT or subcontractor and subconsultant must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors and subconsultant to include these clauses in any lower tier subcontracts. CONSULTANT is responsible for compliance by any subcontractor, subconsultant or lower tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONSULTANT: SRS Engineering, Inc. By: d~~R ATTESTED: 0-.l By: 0~ (I Nke~ Payne ~ City Clerk Read and A roved as to Form, Language, Legality, lgnaci~sident [print name and title of signatory] CITY OF SOUTH MIAMI By: ~~y ~- Shari Kamali City Manager 28 EXHIBIT 3 PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 RESPONDENTS RESPONSE FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33 143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included In chis Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & B, for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Please see following page after this form that states all received addendums. Addendum No. _______ Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: 50 of 69 29 Address: ~ m mth ~ ourtffiuite ~ iami~ ~ Telephone: iXIXD<l>OOXD<I> Facsimile: Contact Person rxlXlXDf/<JXtXI ~n acio ~rralta®P.E. 5. The terms used in this Proposal which are defined in the Contract have the same meaning as Is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form , and are made a part of this proposal, by reference. 7 ~r?pos~I is s ub mi t t ed by (8J8l ~ Engineeringffl1 c. whose address is ~ffi ~th~ our~ _ 1anut8!Z® ~. whose telephone number is D<IXlXl>OOX!XDO , whose fax number 1s __ IXIXOO>OOXIXOO©-whose email address is ignac io® srs®:orp co m and whose a~thorized representative signing this Bid Form is ~nacio ~erra ltallslP,E. whose title is President. 8. By submitting this proposal, I, for mys e lf and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City In writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced In this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ~~ ~ f;:__ ;~E. Date of Execution: __.IX!XDOOXDOOXD(O""""....,.""-"-"'""'....._ ____ _ [Print signatory's name] END OF SECTION 51 of 69 30 SRS Engineering, Inc. acknowledges receipt of the following Addendum(s) issued by the City of South Miam i. Addendum No . 1 Addendum No . 2 Addendum No . 3 Date January 07, 2022 Date January 20 , 2022 Date January 26, 2022 ----- 31 EXHIBIT I SCOPE OF SERVICES Professional General Engineering and Architectural Services RFQ #PW2022-xx The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under continuing professional service contracts to perform work as needed on a rotational basis. In order to fulfill such needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5) separate continuing professional service agreements, each under the same terms and conditions. Each individual agreement with each consultant will be for a term of three (3) years with one (I) renewal option of two (2) years, at the sole discretion of the City for a maximum term of five (5) consecutive years . The services to be provided by the consultant(s) will include the following: (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 to support and supplement 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 and specifications and/or provide construction management services for specific projects as defined by the City. The construction management services, or Construction Engineering Inspection (CEI) may be provided for projects completed by the consultant, completed by another consultant(s), or in support of projects completed by City staff. Other professional services to be provided may include, and are not be limited to, architectural services for miscellaneous projects; design and/or construction management projects; such as roadways, drainage, structural, electrical, mechanical, plumbing, traffic engineering, civil/site planning, water and sewer, environmental assessments and engineering, architectural design, landscaping design, survey and mapping, value engineering, construction management, and project management. From time to time, consultants may be asked to assist the City in project coordination meetings with other municipalities, regulatory agencies, local or state governments or developers. (3) Services could also be related to Federal Government emergency or non-emergency funding programs, allocated to the City through the Florida Department of Transportation (FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA") and include but not be limited to: architecture and engineering design, engineering studies, construction plans, construction management services, Construction Engineering Inspection (CEI) and other related services. The Professional Services Contract includes federally required contract provisions relating to ARPA. The categories of services to be rendered include, but are not limited to the following: 41 of 69 32 • Traffic and Transportation Engineering This category 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, vehicular circulation plans, and valet parking plans, for private development projects for compliance with the City's Land Development Code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. • Roadway, Drainage, and General Engineering Design This category includes roadway design and drainage analysis needed to prepare a complete set of roadway construction plans including drainage calculations and design, traffic control, maintenance of traffic, street lighting, permits applications and processing, as well as technical specifications, bid documents and tabulations. It will also include site plan development and grading plans. • Water and Wastewater Design This category includes the preparation of plans and specifications for water distribution plans, sanitary sewer plans for gravity mains and force mains, and sanitary 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) This category 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 This category includes field data collection, site investigations, environmental assessments and design as needed to prepare remediation plans for underground storage tanks, hazardous waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. • Architectural Services This category includes the architectural and engineering reviews necessary to confirm plans prepared by individuals or consultants for either City or private development projects for compliance with the City's Land Development Code and to applicable Building and Zoning codes, fire cod~s and Americans with Disabilities Act requirements. Consultant personnel would work under the supervision of the Parks and Recreation Director, Public Works Director or Planning Director depending upon the scope of the project and Building Official of the City. The consultant shall review plans for private development projects and overall design and compatibility with surroundings and vision of the City and, best practices of the industry. Provides recommendation of approval to the City's Parks and Recreation Director, Public Works Director or Planning Director and the Building Official charged with issuing permits. Consultant will attend meetings 42 of 69 33 with City staff and make presentations to the City Commission and appointed boards, as required. • Landscape Architecture Services This category includes preparation of landscape plans (conceptual through final drawings and specifications) including tree selection, tree identification and biology, growth char'acteristics 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. • Certified Arborist Services This category includes review of 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. • Surveying and Mapping (miscellaneous survey's needs) • Geotechnical Engineering (Field exploration and laboratory testing, soil borings for Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test, engineering evaluation and reporting) • Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including street and recreational facilities lighting design, air conditioning systems, fire protection). • Construction Management and Construction Engineering Inspection Services (CEI) This category includes engineering services necessary for the analysis of construction schedules, construction delay claims, change orders, preparation of progress and final payment estimates, contract correspondence, preparation of minutes for various meetings and public information programs. It will also include detailed inspections during the construction process, attending pre-construction and construction meetings, responding to Request for Information (RFl's). reviewing and approving Request for Change Orders (RCO's), certification of pre-manufactured materials, testing of materials, monitoring conformance to construction plans and specifications, review and approval of shop drawings, review and recommend progress payments, preparation of progress reports and certifying the project All documents are to be signed and sealed by a Professional Engineer or Architect registered in the State of Florida. NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SE.RVICE.S, ATTACHMENT B. 43 of 69 34 In order to be considered, consulting firms or team joint ventures (subcontractors) must have experience in all related areas described above and be particularly familiar with the design criteria and standard used within each area of expertise and in particular the practices of the State of Florida Department of Transportation, Miami-Dade County Public Works Department, Miami- Dade County Department of Environmental Resources Management and Miami-Dade County Water and Sewer Department, the State of Florida Department of Health, the State of Florida Department of Environmental Protection and the South Florida Water Management District as well as applicable Building codes. Consultants should also be familiar with the applicable ordinances of the City of South Miami. The City understands that not all of the interested firms provide services for all of the different disciplines mentioned; therefore, the City will consider joint ventures, and/or subcontractors, to the prime Consultant. END OF SECTION 44 of 69 35 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 LINKS TO THE CITY'S COMPREHENSIVE PLAN: HTTP:IIWWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTER/VIEW/3832/C OMPREHENSIVE-PLAN-DIA-GOPS-FINAL LAND DEVELOPMENT CODE: http://southm iamicode. wpengi ne.com/pdfs/South Miami LDC.pdf 45 of 69 36 Insurance EXHIBIT 2 PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 Insurance & Indemnification Requirements A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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/sub-consultant, 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 may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion . The FIRM must purchase insurance from and must 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 Sub-contractor/sub-consultant 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. Firm's Insurance Generally. The FIRM must 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: 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. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. 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: 37 • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must 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: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • 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. 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: • Owned Vehicles . • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable . Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must 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 said buildings or structures. The policy or policies must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable . 38 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 Is 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 must eliminate or reduce such deductible, or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D . Before starting the Work, the FIRM must deliver to the CITY and CONSUL TANT 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 must 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 must include the declaration page and all required endorsements. In addition, the FIRM must del iver, 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: "The City of South Miami is an additional insured. The insurer must 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"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must 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 mod ify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." fu 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 must 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 becomes 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 must 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 Pr oject Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 39 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 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 FIRM , its contractor/sub-contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 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 FIRM, its Sub- contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT. D . FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. 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 apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. 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. END OF SECTION 40 EXHIBIT 6 PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Mandated Federal Agreement Conditions. A. In connection with the performance of this Agreement, Consultant acknowledges that compensation for the Work performed under this Agreement be partially funded using · the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act. As such, Consultant comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by the American Rescue Plan Act, including, without limitation: -i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), as applicable; ii. Interim Final Rule, attached hereto as Exhibit "D"; iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto as Exhibit "E"; iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto as Exhibit "F"; v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, attached hereto as Exhibit "G"; vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement, attached hereto as Exhibit "H." B. Title VI Requirements. Consultant acknowledges that the City has certified or will certify compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure that performance of work in connection with this Agreement follows the certifications contained in Exhibit F, and also adhere to the following provisions: (I) The Consultant and its subcontractors, successors, transferees, and assignees comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 41 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. (2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Consultant undertake an active program of nondiscrimination in its administration of the Work under this Agreement. C. Americans with Disabilities Act Requirements. The Consultant agrees to comply with the Americans with Disabilities Act (Public Law IO 1-33-6, 42 U.S.C. §§ 1210 I et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications . Additionally, Consultant agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 360 I), which prohibits discrimination against individuals on the basis of discrimination under any program or activity under this Agreement. D. Age Discrimination Act of I 975. Consultant comply with the requirements of 42 U.S.C. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31 CFR Part 23), which prohibits the discrimination on the basis of age in programs or activities under this Agreement. E. Protections for Whistleblowers. (I) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds , an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (2) The list of persons and entities referenced in the paragraph above includes the following: i. A Member of Congress or a representative of a committee of Congress. ii. An Inspector General. iii. The Government Accountability Office. A Federal employee responsible for contract or grant oversight or management at the relevant agency. An authorized official of the Department of Justice or other law enforcement agency. vi. A court or grand jury. vii. A management official or other employee of the Consultant, subcontractor, the State of Florida, or the City who has the responsibility to investigate, discover, or address misconduct. (3) The Consultant inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 42 F. Compliance with Immigration and Nationality Act (/NA). Consultant hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. G. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Consultant adopt and enforce policies or programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Consultant and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers. I. Publication. Consultant obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Consultant include the following language in any and all publications issued: "This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN) awarded to the City of Cutler Bay by the U.S. Department of the Treasury." J. Reporting Conflict o[lnterests. Consultant agrees to disclose in writing to the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112. Compliance with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederaJ Awards (2 CFR Part 200). In accordance with the Interim Final Rule and other guidelines provided in connection with the American Rescue Plan Act, Consultant be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to: A. Equal Employment Opportunity Compliance. During the performance of this Agreement, the Consultant agrees as follows: (I) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action include, but not be limited to the following: 43 a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; b. layoff or termination; c. rates of pay or other forms of compensation; and d . selection for training, including apprenticeship The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Consultant w ill , in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin . (3) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed , or disclosed the compensation of the employee or applicant or another employee or applicant. This provision not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation , proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (4) The Consultant will send to each labor union o r representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section and post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Consultant will comply with all provisions of Executive Order I 1246 of September 24 , 1965, and of the rules, regulations , and relevant orders of the U.S. Secretary of Labor. (6) The Consultant will furnish all information and reports required by Executive Order I 1246 of September 24 , 1965, and by rules , regulations , and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled , terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 , and such other sanctions may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24, 1965, or by rule , regulation , or order of the U.S. Secretary of Labor, or as otherwise provided by law . 44 (8) The Consultant will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. B. Contract Work Hours and Safety Standards Act Compliance. During the performance of this Agreement, the Consultant comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 370 I through 3708), including as follows: ( I )Overtime requirements. No Consultant or subcontractor contracting for any part of the Agreement Work which may require or involve the employment of laborers or mechanics require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Vio/ation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the Consultant and any subcontractor responsible therefor be liable for the unpaid wages. In addition, such Consultant and subcontractor be liable to the United States, for liquidated damages. Such liquidated damages be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section. (3)Withholding for unpaid wages and liquidated damages. The City upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section. 45 C. Clean Air Act Compliance. During the performance of this Agreement, the Consultant comply with the provisions of Clean Air Act (42 U.S.C. § 740 I et seq., as amended) and specifically agrees as follows: (I) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 740 I et seq. (2) The Consultant agrees to report each violation to the City own and understands and agrees that the City will , in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. D. Federa l Wa ter Poll ution Con trol Act Co mpli an ce . During the performance of this Agreement, the Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows: (I) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . (2) The Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. E. Suspens ion and Deba rment Co mpli anc e. During the performance of this Agreement, the Consultant warrants that Consultant or its subcontractors are not debarred, suspended or otherwise ineligible for contract awards under Executive Orders 12549 and 12689 . Consultant comply with the following provisions: (I) This Agreement is a covered transaction for purposes of 2 C.F .R. pt. 180, the U.S. Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2 pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180 .940) or disqualified (defined at 2 § 180.935). (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F .R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 46 (4) The Consultant agrees to comply with the requirements of 2 C.F .R. pt. 180 , subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The Consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. (5) Consultant certifies that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible , or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five (5)-year period preceding this proposal, been convicted of o r had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local); and iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal , State or Local) terminated for cause or default. If the Consultant is unable to obtain and provide such certification, then the Consultant attach an explanation to this Agreement as to why not. F. Byrd Anti-Lobb ying Amendment (31 U.S.C. § I 352. as am end ed). During the performance of this Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically, Consultant represents and warrants as follows: (I) No Funds received by the Consultant under this Agreement have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing o r attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension , continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any monies, other than Funds received by Consultant under this Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The Consultant require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants , and contracts under grants, loans , and cooperative agreements) and that all such sub-recipients certify and disclose accordingly. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required certification be subject to a civil penalty of not less than $ I 0,000 and not more than $ I 00,000 for each such failure . 47 G. Copeland "Anti-Kickback" Act. During the performance of this Agreement, the Consultant and its subcontractors comply with the provisions of the Copeland "Anti-Kickback" Act as follows : (I) The Consultant comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F .R. part 3 as may be applicable, which are incorporated by reference into this Agreement. (2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. H. Procurement of Recovered Materials. Consultant comply with the provisions of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the performance of this Agreement, the Consultant make maximum use of products containing recovered materials that are EPA-designated items, unless the pr9duct cannot be acquired: (I) competitively within a timeframe providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-pr ogram . I. Domestic Preferences for Procurements . To the greatest extent practicable, Consultant and its subcontractors provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, in accordance with 2 CFR 200.322, "Domestic preferences for procurements." J.2 CFR Subpart F-Audit Requirements . Consultant assist the City in complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's Interim Final Rule, as amended, and other guidelines issued in connection with the American Rescue Plan Act. (I) Consultant assist the City in complying with the Federal Audit Provisions by providing the City, the State of Florida, the U.S . Department of the Treasury, the Treasury Office of the Inspector General, the Government Accountability Office, or other federal government entities, and any of their duly authorized representatives, access to personnel, accounts, books, records, supporting documentation, and other information relating to the performance of the Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant promptly assist the City in the event Documentation must be supplemented to address audit findings or other federal inquiries. (2) Consultant keep all Documentation up to date throughout the performance of this Agreement and the Work. Consultant provide the City with all Documentation for each fiscal year by October I of each year or within five days of the completion of the Work, whichever occurs first . Consultant assist the City in complying with additional guidance and instructions 48 issued by the U.S . Department of the Treasury governing the reporting requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds . 12. Not ices. The City and Consultant agree that the names and addresses for any notices required by the Consultant be addressed to the names and addresses listed on the signature page of this Addendum or such other address as the party may have designated by proper notice from time to time. END OF SECTION 49 THE CITY OF Pl EASANT LIVING CITY OF SOUTH MIAMI PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 SUBMITTAL DUE DATE: February 8, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Qualifications", "RFQ" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFQ #PW2022 -03, PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT I, Attachments A, & B,) and pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," the City seeking to retain the services of CONSULT ANTS who can provide General Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under continuing professional service contracts to perform work as needed on a rotational basis and, the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package 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 Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https:llnecwork.demandstar .com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than I 0:00 A.M. local time (the "Closing Date") on February 8, 2022 and any Proposal received by the City through DemandStar after I 0:00 a.m. local time on said date will not be accepted under any circumstances . Hand delivery will not be accepted, E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at I 0:30 A.M. local time on (the Closing Date, February 8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID : 3056636339. NON-MANDATORY PRE-BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct the NON-MANDATORY PRE-BID MEETING through video conferencing using the Zoom platform on February 8, 2022 at I 0:00 AM. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC, City Clerk City of South Miami 50 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. COVID-19 (Coronavirus) Emergency Response From DemandStar DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you are a government agency who needs Ebidding capability to receive supplier responses on line, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments. Broadcast Bids on DemandStar Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network, please click here to create your account and get notified of bidding opportunities. Create Your Account ~:~ DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. 51 SCOPE OF SERVICES and SCHEDULE OF VALUES PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENTS A, & B. 52 No I 2 3 4 5 6 7 SCHEDULE OF EVENTS PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 TENTATIVE SCHEDULE Event Date* Time* (EST) Advertisement/ Distribution of Solicitation & Cone of Silence begins NON-MANDATORY PRE-BID MEETING The Procurement Division will conduce the NON- MANDATORY PRE-BID MEETING through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom .us/j /3056636339 ,or lis ten to the meeting on a dedicated phone line by dialing + 1- 786-635-1003 Meet ing ID : 3056636339 . Deadline to Submit Questions Deadline to City Responses to Questions DEADLINE TO SUBMIT RFQ RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To r egister as a business, go to httos:/ /network.demandstar. com/ E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dial ing+ 1-786-635-1003 Meeting ID: 3056636339. Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION 53 INSTRUCTIONS for RESPONDENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 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 SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT". I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. 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 Solicitation will be considered from firms nor mally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment, and personnel to ensure prompt and efficient 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 Solicitation where evidence submitted , or investigation and evaluation , indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation . 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 must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm , by virtue of submitting a response, agrees that C ity's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either 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 will apply , unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract if any f) Attachment/Exh ibits to Contract g) Contract h) General Conditions to Contract if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Prqposals 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 penalties 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 will apply 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 provision of this Solicitation , the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation . 54 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by I 0:00 AM February 8, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (30S) 669-2636. 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, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. I 0. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section SA-7, of the City's Code of Ordinance. 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 and members of the City Commission . The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will 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 will 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 will 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 informatio n. 13 . Lobbying. "Lobbyist" means all persons (includ ing offic ers and managers of a legal entity), firms , or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action , decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, 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 Solicitation. Contact may 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 or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying ; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a 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 Solicitation 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 Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable . f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 55 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the 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 sub-contractor/sub- consultant, 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- contractor/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 who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid , proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must 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 at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must 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 must deliver to the 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/E-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 t) Certificate of Insurance and/or Letter of lnsurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: . a) Brand Names : If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will 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) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples : Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten ( I 0) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten ( I 0) calendar days of the request. The City will not be responsible for the return of samples. 56 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 will 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 Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will 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 will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable . 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will 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 must furnish a certified copy of all licenses, Certificates 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 must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond , if required for this Project. 20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action . The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, 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 proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23 . Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the understanding and agreement to indemnify and hold harmless , to the fullest extent permitted by law, the City 57 and its officers and employees from liabilities, damages, losses and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City 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 will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this solicitation process which finds that Respondent is not liable to the City for any damages. If a judgment is entered in favor of the City in any litigation for damages , interest, costs, or expenses, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this paragraph to the contrary, a design professional's indemnification obligations are limited by paragraph F of the City's Indemnification Requirements. 26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City 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 will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs , or expenses associated with the litigation, the Proposal/Bid Bond , if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. 27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 28. Bonding Requirements: The Respondent, when submitting the Proposal, must 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 will not be deemed a valid Proposal Security. 29. 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. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 29.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 29 .2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent ( I 00%) of the Contract Sum. 29 .3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 29 .4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 29 .5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 58 29.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the Un ited States Department of Treasury Circular 570, current revisions. 30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten ( I 0) calendar days of Notice of Award by the City, must 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 will , at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the 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 must comply with the same requirements as a Proposal/Bid Bond . 31 . Pre-proposal Conference Site Visits : If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will 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 Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation 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, or negotiation in a request for qual ifications , must include the Work necess itated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications , the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ , the negotiated price, and award the contract to, or begin negotiations with , the second most responsive, responsible E-bidder w ith the lowest price, or in the case of an RFQ , with the next best qualifications , or to reject all E-bids . 32 . 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 w ith the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form . No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 33. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-Bid Fo r m , if any, and a Respondent's Cost and Technical Proposal if it is included with this Solicitation Package. 34 . Cancellation of E-Bid Solicitation : The City reserves the right to cancel , in whole or part, any request for proposal when it is in the best interest of the City . 35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any w ay in the performance of its contract, if one is awarded, based on race, color, religion, national origin , sex, age , sexual orientation, disability, or familial status. 36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations . Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will 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, member s, or stockholders (collectively referred to as "Respondent Debtors"). An E-b id, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city ar e paid in full. No E-bidder who is in default of any pr ior contract with the City may have their E-b id cons idered until the default is cured to the satisfaction of the City Manager. 37. £-bid Protest Procedure. See attached EXHIBIT 7. 38 . Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 4. 39 . Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any fede ral governmental agency, may ava il itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) 59 at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the successful E-bidder{s)/proposer(s). 40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 41. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors . If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 42. Confidential and Proprietary Information . Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS . A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS . If a document is not totally confidential but contains non-confidential and confidential information , the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents , the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 43. Definitions . The following definitions will govern the interpretation of this RFQ : "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92 .525. 44. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall , 6130 Sunset Drive, South Miami , Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered : "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name 60 of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 45 . Tie Selection . In the event of a tie by an EvaJuation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re-advertised . 46. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFQ , Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions . 47. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager . 48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations . Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 49. Proprietary Rights 48 . I The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement will not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" will become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services . Notwithstanding the foregoing, the Respondent hereby grants, and must require that its subcontractors and suppliers grant, if the City so desires, a perpetual , irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by , under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. 61 No such License Software, specifications, data, documentation or related information is deemed to have been given in confidence and any statement or legend to the contrary is void and of no effect. 49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. END OF SECTION 62 CONE OF SILENCE ORDINANCE, SECTION 8A-7 PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Chapter BA of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section BA-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer, or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist, or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation, or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation, and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation, and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall : (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (I) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 63 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation, or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation, or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; ( I 0) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 64 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 I. Format and Content of RFQ Response Firms responding to the Solicitation disclose their qualifications to serve as the City's disaster cost recovery services provider in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date, and the subject: REQUEST FOR QUALIFICATIONS For PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as the City Disaster Cost Recovery provider, and your firm's understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. Response to the Solicitat ion : This section , including the Cover Letter and Executive Summary, should summarize the key points of your submit t a l. Limit to one (I) to FIFTEEN ( 15) pages. Response to the Solicitation m ust include the follow ing . I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of Services." 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by ea_ch person. 4 . In addition to submission of the "Respondents Qualification Statement" found in the RFQ and in Exhibit I, "Scope of Services," Respondent's experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of this type. Experience shown should be of the lead project personnel who will be assigned to the City's project and will routinely be interfacing with the City. 65 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the Solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or subconsultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with ocher cities and counties that you believe are relevant co this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served for similar engagements as proposed by the City detailed in the Scope of Services in this RFQ. Please limit your response in the section to TEN ( I 0) pages. END OF SECTION 66 PROPOSAL SUBMITTAL CHECKLIST FORM PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 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. Fulfillment 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 Solicitation. The response must include the following items: X X Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to hccps ://necwork.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents . ----Supplemental Instructions and Response to the Solicitation Format X X X X X Indemnification and Insurance Documents EXHIBIT 2 Respondents Bid/Response Form. EXHIBIT 3 Signed Professional Services Contract Documents (All -including General Conditions and Supplementary Conditions, if attached) EXHIBIT 5 Respondents Qualification Statement List of Proposed Subcontractors and Subconsultants and Principal Suppliers ----- X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal & State Vendor Listings ----X X Related Party Transaction 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. NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 67 RESPONDENT QUALIFICATION STATEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I . Number of similar projects completed, a) In the past S years In the past S years On Schedule b) In the past IO years In the past IO years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price : Actual Final Contract Price c) Project Name: Owner Name: 68 Owner Address: Owner Telephone : Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price : d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price : e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price : Actual Final Contract Price: 69 3. Current workload Project Name Owner Name Telephone Number Contract Price 4 . The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address : Telephone No.: Contact Person : Type of Project: 70 Name of Agency: Address : Telephone No.: Contact Person: Type of Project: Name of Agency: Address : Telephone No.: Contact Person: Type of Project: 71 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Subcontractor/Su bco ns u ltant Address Telephone, Fax & Work Name Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFQ. END OF SECTION 72 NON-COLLUSION AFFIDAVIT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 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 co 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: By : _____________ _ Witness Signature Witness Print Name and Title Date ACKNOWLEDGEME NT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the ____ day of _______ ., 20 ___ , before me, the undersigned Notary Public of the State of Florida , personally appeared (Name(s) of individual(s) who appeared before notary) 73 _______________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOT ARY PUBLIC: SEAL OF OFFICE: 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 . 74 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 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 any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by ___________________________________ _ [print individual's name and title] for ____________________________________ _ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is __________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _____________________ .) 2 . I understand that a "public entity crime" as defined in Paragraph 287.133 ( I )(g), Florid a 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 agency or political subdivision of any other state or of the United States, including, but not limited to , any bid , proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3 . I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, I 989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4 . I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Flor jda Statutes. means : (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate . The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm 's length agreement, will be a prima facie case that one person controls 75 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate . 5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida. Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners , shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies .] ___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989 . ___ The entity submitting this sworn statement, or one or more of its officers , directors, executives, partners, shareholders, employees, members, or agents who are 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 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 IDENTIFIED 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 THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this _____ day of ______________ .. 20 __ . Personally known ____________ _ OR Produced identification ________ _ Notary Public -State of _______ _ My commission expires _______ _ (Type of identification) (Printed, typed , or stamped commissioned Form PUR 7068 (Rev .06/11/92) name of notary public) 76 DRUG FREE WORKPLACE PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program . In order to have a drug-free workplace program, a business must: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition . 2) Inform employees about the dangers of drug abuse in the workplace, the business 's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs , and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (I) above . 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction . 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted . 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT's Signature: ________________ _ Print Name: Date: 77 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 TO THE CITY OF SOUTH MIAMI We, ______________ . (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of I 970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A Consulting Engineer if any) against any and all liability, claims , damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid , the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR Witness BY: ____________ _ Name Title 78 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED , SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: hrcp ://www.dms.myflorida.com/business operations/state purchasin~/vendor information/convicted suspended di scriminacory complaints vendor liscs DECLARATION UNDER PENAL TY OF PERJURY I, ___________ (hereinafter referred to as the "Declarant") state, that the following facts 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 corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www. dms. myflori da.com/busi ness _operations/state _purchasing/vend or _information/convicted_ suspended_ di scriminatory _complaints_ vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing . If I did 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 on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: __________ _ (Signarure of Declaranc) (Prine name of Declaranc) 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: SEAL Notary Public , State of Florida (Name of Notary Public : Print, Stamp or type as commissioned .) 79 RELATED PARTY TRANSACTION VERIFICATION FORM PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 ________________ , individually and on behalf of _______________ _ ("Firm ") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics , Section BA-I of the City's Code of Ordinances and I hereby certify, under penalties 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 BA-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 Firm, has any relative(s), as defined in section BA-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 member 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 this section (2) must 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 : _ (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) must 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 C ity other than the following individuals whose interest is set forth following their names : ________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, 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 follows : (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, 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) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials , or the immediate family members of elected and/or appointed official or employee .] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource wh ich may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use info r mation , not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appea r ed in representation of any th ird party before any board , commission or agency of the City within the past two years other than as 80 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 th is section (7) must 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 marri age of employees , officers , or directors of the Firm , or of any of their immediate family to any appointed or elected officials of the C ity, or to their immed iate 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, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or a nyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following : ____________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be s igned 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) must 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 interest in those Firms or any of their any member of those persons' immediate fam ily .] (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 , I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. ( 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 immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics . Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have r ead the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: _____________ _ Pr int Name & Title: _______________ _ Date: ____________ _ 81 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 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 per sonnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall r efer 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 manager, 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 o r a direct or ind irect 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 Solicitation , 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 : (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 pa rticular transaction only by fou r affirmative votes of the city commission 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 laws of the state and 82 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined 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. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction 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)( I) 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) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item, or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, 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 terms 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 official 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 a public meeting at which official action is to be taken. 83 (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 per·son 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. (1) No person 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 source other than the city, except as may be permitted 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 Miami-Dade 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 investigation 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 or groups of employees for good cause . (k) Prohibited investments. No person included in the terms 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 priva te interests and the public interest. 84 (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 (6)(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 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 interests. 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. (OJ Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers, or employees. (p) Continuing application a~er 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, Solicitation, 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 85 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 decis ion, 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 through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (6)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics o r dinance , or whenever any person who renders services to the city is in 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. 86 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 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, must list on an affidavit provided by the City staff, all individuals who may make a presentation . The affidavit must 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, must not be required to pay any registration fees . No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees . Pursuant to '92.525(2), Florida Statutes, the undersigned, ------~ makes the following declaration under penalties of perjury: Listed below are all indiv iduals who may make a presentation on behalf of the entity that the affiant r epresents . Please note; No person may 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 . 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, will not be required to pay any registration fees . The Affidavit of Representation must 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 Pr i nt name of entity being represented . END OF SECTION 87 NOTICE OF AWARD PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -OJ The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond , and insurance documents (see Proposal Submittal Checklist Form) within ten ( I 0) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten ( I 0) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY : _____________ _ Shari Kamali City Manager Dated this __ day of _______ ,, 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ______________ _ On this the ___ day of __________ ,, 20 __ . BY: TITLE : You are required to return an acknowledged copy of this Notice of Award to the City Manager . END OF SECTION 88 NOTICE TO PROCEED PROFESSIONAL SERVICES CONTRACT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 TO: DATE : PROJECT DESCRIPTION : PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03. You are hereby notified to commence Work in accordance with the Ag r eement for PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 on or before _____ (Commencement Date). You are to complete the work, within N/A calendar days from the Commencement Date. City of South Miami BY : __________ _ (print name ) City Manager, or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by ____________ _ on this ___ day of _____ _. 20 __ . BY: TITLE: __________ _ END OF SECTION 89 EXHIBIT I SCOPE OF SERVICES Professional General Engineering and Architectural Services RFQ #PW2022-xx The City of South Miami, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," is seeking to retain the services of CONSULTANTS who can provide General Engineering, Architectural and Landscape Architectural Services, as more particularly described herein, under continuing professional service contracts to perform work as needed on a rotational basis. In order to fulfill such needs and meet the requirements for quick response and specialized services, the City intends to retain a maximum of FIVE (5) qualified firms under FIVE (5) separate continuing professional service agreements, each under the same terms and conditions. Each individual agreement with each consultant will be for a term of three (3) years with one (I) renewal option of two (2) years, at the sole discretion of the City for a maximum term of five (5) consecutive years. The services to be provided by the consultant(s) will include the following: (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 to support and supplement 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 and specifications and/or provide construction management services for specific projects as defined by the City. The construction management services, or Construction Engineering Inspection (CEI) may be provided for projects completed by the consultant, completed by another consultant(s), or in support of projects completed by City staff. Other professional services to be provided may include, and are not limited to, architectural services for miscellaneous projects; design and/or construction management projects; such as roadways, drainage, structural, electrical, mechanical, plumbing, traffic engineering, civil/site planning, water and sewer, environmental assessments and engineering, architectural design, landscaping design, survey and mapping, value engineering, construction management, and project management. From time to time, consultants may be asked to assist the City in project coordination meetings with other municipalities, regulatory agencies, local or state governments or developers . (3) Services could also be related to Federal Government emergency or non-emergency funding programs, allocated to the City through the Florida Department of Transportation (FDOT) Local Agency Program (LAP), FEMA and/or other federally funded government adopted programs such as, but not limited to; the American Rescue Plan Act ("ARPA") and include but not be limited to: architecture and engineering design, engineering studies, construction plans, construction management services, Construction Engineering Inspection (CEI) and other related services. The Professional Services Contract includes federally required contract provisions relating to ARPA. The categories of services to be rendered include, but are not limited to the following: 90 • Traffic and Transportation Engineering This category 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 review plans, including privately prepared traffic impact analyses, vehicular circulation plans, and valet parking plans, for: private development projects for compliance with the City's Land Development Code and industry best practices. Consultant will attend meetings with City staff and make presentations to the City Commission and appointed boards, as required. • Roadway, Drainage, and General Engineering Design This category includes roadway design and drainage analysis needed to prepare a complete set of roadway construction plans including drainage calculations and design , traffic control, maintenance of traffic, street lighting, permits applications and processing, as well as technical specifications, bid documents and tabulations. It will also include site plan development and grading plans. • Water and Wastewater Design This category includes the preparation of plans and specifications for water distribution plans, sanitary sewer plans for gravity mains and force mains, and sanitary 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) This category 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 This category includes field data collection, site investigations, environmental assessments and design as needed to prepare remediation plans for underground storage tanks, hazardous waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. • Architectural Services This category includes the architectural and engineering reviews necessary to confirm plans prepared by individuals or consultants for either City or private development projects for compliance with the City's Land Development Code and to applicable Building and Zoning codes, fire codes and Americans with Disabilities Act requirements. Consultant personnel would work under the supervision of the Parks and Recreation Director, Public Works Director or Planning Director depending upon the scope of the project and Building Official of the City. The consultant 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 Parks and Recreation Director, Public Works Director or Planning Director and the Building Official charged with issuing permits. Consultant will attend meetings 91 with City staff and make presentations to the City Commission and appointed boards, as required. • Landscape Architecture Services This category includes 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 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. • Certified Arborist Services This category includes review of tree removal permit applications that are submitted to ensure compliance with the regulations outlined in Sectio·n 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 exploration and laboratory testing, soil borings for Percolation Tests and Standard Penetration Test (SPT), Double Ring infiltration test, engineering evaluation and reporting) • Drawings and design for Mechanical, Electrical and Plumbing (MEP) (including street and recreational facilities lighting design, air conditioning systems, fire protection). • Construction Management and Construction Engineering Inspection Services (CEI) This category includes engineering services necessary for the analysis of construction schedules, construction delay claims, change orders, preparation of progress and final payment estimates, contract correspondence, preparation of minutes for various meetings and public information programs. It will also include detailed inspections during the construction process, attending pre-construction and construction meetings, responding to Request for Information (RFl's). reviewing and approving Request for Change Orders (RCO's), certification of pre-manufactured materials, testing of materials, monitoring conformance to construction plans and specifications, review and approval of shop drawings, review and recommend progress payments, preparation of progress reports and certifying the project All documents are to be signed and sealed by a Professional Engineer or Architect registered in the State of Florida. NOTE: LINKS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE ARE REFERENCED IN EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B. 92 In order to be considered, consulting firms or team joint ventures (subcontractors) must have experience in all related areas described above and be particularly familiar with the design criteria and standard used within each area of expertise and in particular the practices of the State of Florida Department of Transportation, Miami-Dade County Public Works Department, Miami- Dade County Department of Environmental Resources Management and Miami-Dade County Water and Sewer Department, the State of Florida Department of Health, the State of Florida Department of Environmental Protection and the South Florida Water Management District as well as applicable Building codes. Consultants should also be familiar with the applicable ordinances of the City of South Miami. The City understands that not all of the interested firms provide services for all of the different disciplines mentioned; therefore, the City will consider joint ventures, and/or subcontractors, to the prime Consultant. END OF SECTION 93 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 LINKS TO THE CITY,S COMPREHENSIVE PLAN: HTTP:IIWWW.SOUTHMIAMIFL.GOVIDOCUMENTCENTER/VIEW/3832/C OMPREHENSIVE-PLAN-DIA-GOPS-FINAL LAND DEVELOPMENT CODE: http://southmiamicode.wpengine.com/pdfs/South Miami LDC.pdf 94 Insurance EXHIBIT 2 PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 Insurance & Indemnification Requirements A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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/sub-consultant, 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 may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion . The FIRM must purchase insurance from and must 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 Sub-contractor/sub-consultant 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. Firm's Insurance Generally. The FIRM must 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: 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. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. 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: 95 • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must 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: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • 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. 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: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must 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 said buildings or structures. The policy or policies must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable . 96 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 Is 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 must eliminate or reduce such deductible, or the FIRM must procure a Bond , in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM 's duty to indemn ify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULT ANT 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 must 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 must include the declaration page and all required endorsements. In addition, the FIRM must 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: "The City of South Miami is an additional insured. The insurer must 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"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must 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 must 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 must 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 becomes 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 must 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 may be 97 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. 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 FIRM , its contractor/sub-contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 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 FIRM, its Sub- contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM , its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. 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 apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. 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. END OF SECTION 98 EXHIBIT 3 PROFESSIONAL ENGINEERING SERVICES RFQ #PW2022 -03 RESPONDENTS RESPONSE FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I . If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I Scope of Services, Attachment A, & B, for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d . This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited · or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: 99 Address: Telephone: Facsimile: Contact Person 5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 6. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 7. This proposal is submitted by _____________ whose address is _______ _ __________ , whose telephone number is _______ . whose fax number is _______ ,, whose email address is ______________ and whose authorized representative signing this Bid Form is _______________ whose title is ____ _ 8 . By submit.ting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any . I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: _______________ _ Date of Execution: ___________ _ [Print signatory's name) END OF SECTION 100 EXHIBIT 4 EVALUATION AND SELECTION CRITERIA PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Scoring and Ranking Phase I -Competitive Selection-Ranking: maximum I 00 points per committee member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. Respondents deemed as best suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked Respondent. The criteria are itemized with their respective weights for a maximum total of one hundred { I 00) points per Evaluation Selection Committee member. The evaluation factors used for determining qualifications for scoring and ranking, including average ranking order, include: I. Qualifications, competency, and technical expertise of the firm to perform the services to municipalities in accordance with the Scope of Services: Maximum Points: 40 2. Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project, and experience and qualifications of suqcontractors.: Maximum Points: 30 3. Related Projects/Past Experience: Maximum Points: I 0 4. Technical Approach: a) Experience of the Respondent in previous projects of similar size and scope of the City of South Miami's specifications b) Technical approach in the Respondent to mobilize and perform the many aspects of the design work. Maximum Points: 20 Average Ranking Order Each Evaluation Selection Committee member rank each Respondent ; #I (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters and the lowest number represents the most qualified firm . In the example below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals the lowest number of 1.50 and therefore Respondent B is considered the most qualified and eligible for the award of a contract, subject to satisfactory negotiations: Respondent B = 6 {Rank Score) Divided by the Number of Raters (4) = 1.50 101 Respondent RankinS? Order AVG Rater #I Rater #2 Rater #3 Rater #4 RANK RESPONDENT A 4 2 I 3 2 .50 RESPONDENT B I I 3 I 1.50 RESPONDENT C 2 3 2 2 2 .25 RESPONDENT D 5 4 4 5 4.50 RESPONDENT E 3 5 3 4 3.75 Phase II -Oral Presentations Upon completion of the criteria evaluation indicated above by the Evaluation Selection Committee, including rating, and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation Selection Committee deems to warrant further consideration based such things as scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as described above, remaining in consideration based upon the written documents, combined with the oral presentation. Phase Ill -Competitive Negotiations 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 five (5) qualified firms under five (5) separate but similar agreements. The City Manager commence negotiations with the first ranked firm. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc. Negotiations continue until the City Manager has successfully completed negotiations with a maximum of five firms, each of whom execute a contract with the City and be on the City's roster of professional consultants. The firms 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. END OF SECTION 102 EXHIBIT 5 PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 THIS AGREEMENT, entered into this __ day of ______ , 20 __ , by the CITY OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: SKAMALl@SOUTHMIAMIFL.GOV and __________ with an office and principal place of business located at ____________ . and E-mail address of _________ and Facsimile transmission number of _________ (hereinafter called the "COSULTANT". WHEREAS the CITY needs PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES; and WHEREAS, the CONSULTANT has submitted a response to a Request for Qualifications (the Solicitation); and WHEREAS, the CITY desires to retain CONSUL TANT, to provide the required services based on CONSULTANT's representations which reflect that CONSULTANT is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONSULTANT has agreed to provide the required services in accordance with the terms and conditions set forth herein . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: I) Engagement of Consultant: Based on the representations of CONSULTANT as set forth in the following documents, the CITY hereby retains CONSULTANT to provide the Scope of Services described in Exhibit I to the Solicitation, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • RESPONDENT'S BID FORM, attached as "Exhibit 3 • RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as "Attachment A" to Notice of Award 2) Contract Documents: The Contract Documents include this Agreement, the documents referenced in paragraph I above and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 • Mandated Federal Agreement Conditions attached as Exhibit 6 to the · Solicitation documents. • Solicitation documents for PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022-03. This Agreement and the Solicitation documents, the Scope of Services, and the Insurance & Indemnification Requirements take precedence over CONSUL TANT's response to the CITY's PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022-03 including the CONSULTANT's Bid Form response to the Solicitation. All the forgoing documents referenced in paragraph I above, and in this paragraph 2, are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONSULTANT commence the performance of the Work under this Agreement on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). In any event, the term will not exceed five years . Time is of the essence. 103 4) Primary Contacts: The Primary Contact Person in charge of administering this Agreement on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee who is designated in a writing signed by the City Manager. The Primary Contact Person for CONSULTANT and his/her contact information is as follows: Name: __________ e-mail: ________ .:Fax: _______ Street Address: ____________ . 5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. 6) Compensation: The CONSULTANT's compensation for CONSULTANT's performance under the terms and provisions of this Agreement (hereinafter referred to as the Contract Price) are set forth in CONSULTANT NEGOTIATED RATES AND FEE SCHEUDLE (see Attachment A to Notice of Award}, unless modified in writing signed by the City and CONSULTANT. 7) Time Provisions: The term of this Agreement commences on the Work Commencement Date and continues for Three (3) Years. with One (I) Two (2) Year Optjon-to-Renew. for a term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager unless the Agreement is earlier terminated in accordance with the Contract Documents. 8) Termination: This Agreement may be terminated without cause by the CITY with a thirty (30) day prior written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. 9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Agreement. Venue for all proceedings involving or arising out of this Agreement is in Miami-Dade County, Florida. I 0) Duties and Responsibilities: CONSULTANT must comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Agreement or the goods and/or services to be performed hereunder and must not commit any trespass on any private property in performing any of the work embraced by this Agreement. Each and every provision and/or clause required by law to be inserted in this Agreement is deemed to be inserted herein and this Agreement must be read and enforced as though such provisions and/or clauses were included herein. I I) Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. 12) Licenses and Certifications: CONSUL TANT secure all necessary business and professional licenses at its sole expense prior to commencing the Work. 13) Insurance, Indemnification & Bonding: CONSULTANT comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein will be construed to imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect . 14) Jury Trial Waiver: The parties waive their right to jury trial. 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Agreement is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Agreement if in the opinion of the 104 City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 16) Public Records: CONSUL TANT and all of its subcontractors and subconsultants are required to comply with the public records law (s. I 19.070 I) while providing goods and services on behalf of the CITY and CONSULTANT must incorporate this paragraph in all of its agreements with its subcontractors and subconsultants for such work. CONTRACTOR 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 must 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 must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONSUL TANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. I 7) Notices. Whenever notice is required or permitted herein, it must be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested , and will 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 will not be considered to have been delivered . Notices must 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 by U.S . mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail : tpepe@southmiam ifl .gov 105 18) 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 officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 19) Grant Requirements. If the Work is being funded wholly or partially with a grant, the CONTRACTOR must comply with all of the grant requirements applicable to the Work. It is the CONTRACTOR's responsibility to determine if there is grant funding. 20) Drug Free Workplace. CONSULTANT must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Agreement by reference. 21) Transfer and Assignment. None of the work or services under this Agreement may be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22) Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Agreement, then the City, upon written notice to CONSUL TANT, or its assignee, of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONSULTANT. 23) Most Favored Public Entity. CONSULTANT represents that the prices negotiated with the City do not exceed existing prices CONSULTANT is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONSULTANT's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONSUL TANT immediately extend the same prices to City. 24) Anti-Discrimination. CONSUL TANT and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age , disability or any other classification that is federally defined as a "protected class" and CONSULTANT must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. CONSUL TANT must include in all of its subcontracts the following clause: "Subcontractors/subconsultants and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of 106 employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class". Subcontractors/subconsultants must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract." 25) E-VERIFY. As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors and subconsultar:its must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. The CONSULT ANT and all subcontractors and subconsultants must comply with and be bound by the following: (a) CONSULTANT must require each of its subcontractors and subconsultants to provide CONSULTANT with an affidavit stating that the subcontractor and subconsultant does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT must maintain a copy of the subcontractor's and subconsultant's affidavit as part of and pursuant to the records retention requirements of this Agreement; (b) The City, CONSULTANT, or any subcontractor and subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The City, upon good faith belief that a subcontractor and subconsultant knowingly violated the provisions of this section, but that the CONSULTANT otherwise complied, must promptly notify CONSULTANT and CONSULTANT must immediately terminate the contract with the subcontractor and subconsultant; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such ; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; (f) CONSULTANT acknowledges that upon termination of this Agreement by the City for a violation of this Section by CONSULTANT, CONSULTANT may not be awarded a public contract for at least one (I) year. CONSULT ANT further acknowledges that CONSULTANT is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONSUL TANT or subcontractor and subconsultant must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors and subconsultant to include these clauses in any lower tier subcontracts. CONSUL TANT is responsible for compliance by any subcontractor, subconsultant or lower tier subcontractor with the clauses set forth in this Section and CONSULTANT's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed this Agreement, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. [SIGNATURE BLOCK TO FOLLOW] 107 SIGNATURE PAGE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 • 03 CONSULTANT: __________ _ Witnessed: By: _________ _ ATTESTED: By:----------- Nkenga Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: By:----------- City Attorney By: _____________ _ [print name and title of signatory] CITY OF SOUTH MIAMI By: ________ _ Shari Kamali City Manager 108 EXHIBIT 6 PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 Mandated Federal Agreement Conditions. A. In connection with the performance of this Agreement, Consultant acknowledges that compensation for the Work performed under this Agreement be partially funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act. As such, Consultant comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by the American Rescue Plan Act, including, without limitation: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), as applicable; ii. Interim Final Rule, attached hereto as Exhibit "D"; iii. U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Award Terms and Conditions (Assistance Listing Number 21.019), attached hereto as Exhibit "E"; iv. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto as Exhibit "F"; v. Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, attached hereto as Exhibit "G"; vi. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement, attached hereto as Exhibit "H." 8. Title VI Requirements. Consultant acknowledges that the City has certified or will certify compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as Exhibit "F," to the U.S. Department of the Treasury. Towards that end, Consultant ensure that performance of work in connection with this Agreement follows the certifications contained in Exhibit F, and also adhere to the following provisions: (I) The Consultant and its subcontractors, successors, transferees, and assignees comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S .C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 3 I CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance , 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 109 (2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.1 I, and that the Consultant undertake an active program of nondiscrimination in its administration of the Work under this Agreement. C. Am ericans with Disabi liti es Act Requ iremen ts . The Consultant agrees to comply with the Americans with Disabilities Act (Public Law IO 1-336, 42 U .S.C. §§ 1210 I et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. Additionally, Consultant agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 360 I), which prohibits discrimination against individuals on the basis of discrimination under any program or activity under this Agreement. D. Age Discr im inat io n Act of I 975 . Consultant comply with the requirements of 42 U.S.C. §§ 610 I et seq., as amended, and the Treasury's implementing regulations (31 CFR Part 23), which prohibits the discrimination on the basis of age in programs or activities under this Agreement. E. Protections for W histleblowers . (I) In accordance with 41 U .S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (2) The list of persons and entities referenced in the paragraph above includes the following : i. A Member of Congress or a representative of a committee of Congress. ii. An Inspector General. iii . The Government Accountability Office . A Federal employee responsible for contract or grant oversight or management at the relevant agency. An authorized official of the Department of Justice or other law enforcement agency. vi. A court or grand jury. vii. A management official or other employee of the Consultant, subcontractor, the State of Florida, or the City who has the responsibility to investigate , discover, or address misconduct. (3) The Consultant inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. F. Co m plia nce with Im migration and Na ti onal ity Act (I NA ). Consultant hereby certifies that it does not knowingly employ unauthorized alien workers in violation of the employment provisions contained in 8 USC Section I 324a(e) [Section 274A(e) of the Imm igration and Nationality Act ("INA")]. G . Seat Belts Require d. Pursuant to Executive Order 13043, 62 FR 19217, Consultant 110 adopt and enforce policies or programs that require employees to use seat belts while operating or traveling on vehicles owned, rented, or personally owned by the Consultant and its employees while performing the Work. H. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Consultant adopt and enforce policies that ban text messaging while driving and workplace safety policies designed to decrease accidents caused by distracted drivers. I. Publication. Consultant obtain approval from the City in writing prior to issuing any publications in connection with this Agreement. If approved by the City, the Consultant include the following language in any and all publications issued: "This Project is [being funded/was supported] in part by federal award number (FAIN) [Insert Project FAIN] awarded to the City of Cutler Bay by the U.S. Department of the Treasury." J. Reporting Conflict oflnterests. Consultant agrees to disclose in writing to the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any potential conflicts of interest affecting the use of funds awarded under the American Rescue Plan Act in accordance with 2 CFR 200.112. Compliance with Uniform Administrative Requirements. Cost Principles. and Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Interim Final Rule and other guidelines provided in connection with the American Rescue Plan Act, Consultant be subject to the federal Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to: A. Equal Employment Opportunity Compliance. During the performance of this Agreement, the Consultant agrees as follows: (I) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin . Such action include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; b. layoff or termination; c. rates of pay or other forms of compensation; and d. selection for training, including apprenticeship The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for 111 employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (4) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section and post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Consultant will comply with all provisions of Executive Order I 1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of Labor. (6) The Consultant will furnish all information and reports required by Executive Order I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access co his books, records, and accounts by the administering agency and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulatiqns, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order I 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24, 1965, or by rule, regulation, or order of the U.S. Secretary of Labor, or as otherwise provided by law. (8) The Consultant will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 112 B. Con tract W ork Hou rs and Safe ty Standards Act Co m pl iance . During the performance of this Agreement, the Consultant comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 370 I through 3708), including as follows: ( I )Overtime requirements. No Consultant or subcontractor contracting for any part of the Agreement Work which may require or involve the employment of laborers or mechanics require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation ; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (I) of this section the Consultant and any subcontractor responsible therefor be liable for the unpaid wages. In addition, such Consultant and subcontractor be liable to the United States, for liquidated damages. Such liquidated damages be computed with respect to each individual laborer or mechanic , including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section , in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section . (3)Withho/ding for unpaid wages and liquidated damages. The City upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section . (4)Subcontracts. The Consultant or subcontractor insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts . The Consultant be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section . C. Cl ea n Air Act Compliance . During the performance of this Agreement, the Consultant comply with the provisions of Clean Air Act (42 U.S.C. § 740 I et seq ., as amended) and specifically agrees as follows : (I) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended , 42 U.S.C.§ 740 I et seq . (2) The Consultant agrees to report each violation to the City own and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $ I 00,000 financed in whole or in part with Federal assistance in connection with this Agreement. 113 D. Federal Water Pollution Control Act Compliance. During the performance of this Agreement, the Consultant comply with the provisions of Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows: (I) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Environmental Protection Agency Region 4 (Southeast) Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance in connection with this Agreement. E. Suspension and Debarment Compliance. During the performance of this Agreement, the Consultant warrants that Consultant or its subcontractors are not debarred, suspended or otherwise ineligible for contract awards under Executive Orders 12549 and 12689. Consultant comply with the following provisions: (I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S. Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2 pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded ( defined at 2 C.F.R. § 180. 940) or disqualified ( defined at 2 § 180.935). (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R . pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 114 (4) The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The Consultant further agrees to include a provision requiring such compl iance in its lower tier covered transactions. (5) Consultant certifies that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency ; ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local); and iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. If the Consultant is unable to obtain and provide such certification , then the Consultant attach an explanation to this Agreement as to why not. F. Byrd Anti-Lo bbying Amen dm ent (31 U.S.C. § 13 52 , as amended). During the performance of this Agreement, the Consultant and its subcontractors comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically. Consultant represents and warrants as follows: (I) No Funds received by the Consultant under this Agreement have been paid or will be paid , by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension , continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any monies, other than Funds received by Consultant under this Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Consultant complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities ," in accordance with its instructions. (3) The Consultant r equire that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooper ative agreements) and that all such sub-recipients certify and disclose accordingly. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required certification be subject to a civ il penalty of not less than $10,000 and not more than $100,000 for each such failure. G . Cope la nd "A nti-Kic kba ck " Act . During the performance of this Agreement, the Consultant and its subcontractors comply with the provisions of the Copeland "Anti -Kickback" Act as follows : (I) The Consultant comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R . part 3 as may be applicable, which are incorporated by reference into this Agreement. 115 (2) Subcontracts. The Consultant or subcontractor insert in any subcontracts the clause above and such ocher clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. H . Procu rement of Rec overe d Ma teri als. Consultant comply with the provisions of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. T awards that end, in the performance of this Agreement, the Consultant make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot be acquired : (I) competitively within a timeframe providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price . Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.go v/smm/co mprehensiveprocuremenc-guideline-c pg -pro gram . I. Do mesti c Preference s for Procurements. To the greatest extent practicable, Consultant and its subcontractors provide prefer ence for the purchase, acquisition , or use of goods, products, or materials produced in the United States, in accordance with 2 CFR 200 .322, "Domestic preferences for procurements." J.2 CFR Subpart F -Audit Re quirements. Consultant assist the City in complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal Audit Provisions") and the reporting requirements of the U.S . Department of the Treasury's Interim Final Rule, as amended, and other guidelines issued in connection with the American Rescue Plan Act. (I) Consultant assist the City in complying with the Federal Audit Provisions by providing the City, the State of Florida, the U.S. Department of the Treasury, the Treasury Office of the Inspector General, the Government Accountability Office, or other federal government entities, and any of their duly authorized representatives, access to personnel, accounts, books, records, supporting documentation, and other information relating to the performance of the Agreement or the Work ("Documentation") necessary to complete federal audits. Consultant promptly assist the City in the event Documentation must be supplemented to address audit findings or ocher federal inquiries. (2) Consultant keep all Documentation up to date throughout the performance of this Agreement and the Work. Consultant provide the City with all Documentation for each fiscal year by October I of each year or within five days of the completion of the Work, whichever occurs first. Consultant assist the City in complying with additional guidance and instructions issued by the U.S . Department of the Treasury governing the reporting requirements for the use of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. 12. Notice s. The City and Consultant agree that the names and addresses for any notices required by the Consultant be addressed to the names and addresses listed on the signature page of this Addendum or such other address as the party may have designated by proper notice from time to time . EN D O F SECT ION 116 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 The following procedures will be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. Notice of Intent to Protest. 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 the City Commission meeting at which the recommendation is considered for action . 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. Protest of solicitation. 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 intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee , or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date 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. 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. 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. 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 a valid Protest Letter. Said 117 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 disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above , unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 118 ATTACHMENT A TO NOTICE OF AWARD RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE PROFESSIONAL GENERAL ENGINEERING AND ARCHITECTURAL SERVICES 119 NOTICE OF AWARD PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 The City has considered the Proposal submitted by your firm for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 in response to the City's advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the PROFESSIONAL GENERAL ENGINEERING and ARCHITECTURAL SERVICES RFQ #PW2022 -03 and RESPONDENTS NEGOTIATED RATE AND FEE SCHEDULE attached as Attachment A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Fo r m) within ten ( I 0) day from the date of this notice to you. Notwithstanding the fact that you have agreed , by responding to the Solicitation, to the ter ms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds , the requi r ed insurance documentation within ten ( I 0) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion , to disqualify the Proposal , revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 o r if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY : _______________ _ Shari Kamali C ity Manager Dated this __ day of _______ ., 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ______________ _ On this the ___ day of __________ , 20 __ BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager . END OF SECTION 39 of 69 120 Professional General Engineering & Architectural Services RFQ #PW2022- Wage Rates Summary Job Classification Principal Sr. Project Manager Project Manager Senior Engineer Senior Planner Planner Senior Traffic Engineer Traffic Engineer Senior Designer/ Engineer Designer Engineering Intern Senior CADD Technician CADD Technician GIS Technician Senior Construction Inspector Construction Inspector Senior Landscape Architect Landscape Architect Landscape Architect Intern Arborist Utility Coordinator Surveyor/ Mapper Survey Technician 2-Man Survey Crew 3-Man Survey Crew 4-Man Survey Crew Senior Certified Bridge Inspector/ Diver Certified Bridge Inspector/ Diver Fire Protection Engineer Plumbing Engineer Mechanical Engineer Electrical Engineer Geotechnical Engineer Geologist Environmental Scientist Senior Administrative Assistant Clerical Rates are valid through December 31st, 2023, thereafter rates shall escalate at 5% yearly. SRS Accepted Rates $210.00 $190.00 $150.00 $140.00 $145 .00 $100.00 $150.00 $110.00 $115.00 $92 .00 $85.00 $85.00 $75.00 $92 .00 $105.00 $87.00 $150.00 $125 .00 $85 .00 $97.50 $115.00 $110.50 $78 .00 $130.00 $140.00 $165.00 $150.00 $110 .00 $117.00 $117.00 $117.00 $117.00 $135.00 $110 .00 $105.00 $75 .00 $58 .50 121 RESOLUTION NO.: 056-22-15809 A Resolution authorizing the City Manager negotiate and execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis. WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering and architectural services on an as needed basis and on a rotation basis ; and WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide various professional and general engineering and architectural services, on a rotational and as needed basis; and WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of the process required by the CCNA; and WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and Stantec Consulting Services Inc., at 2.33; and WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service agreement; and WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and execute the professional service agreements. WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5) consecutive years. The expenditures related this contract will be charged to the Capital Improvements Program Accounts on an as needed basis. 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 negotiate and execute a non-exclusive multi- year contract with the firms selected for professional surveying, studies, engineering, and architectural services for construction projects in accordance with Section 287 .055, "Consultants Competitive Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of Page 1 of 2 122 Res. No. 056-22-15809 a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures rela t ed these contracts will be charged to the Capital Improvements Program Accounts. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shal l become effective immediately upon adoption. PASSED AND ADOPTED this 3 rd day of May, 2022. READ AND APPROV ED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION Page 2 of 2 APPROVED: COMMISSION VOTE: Mayor Philips: 5-0 Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman : Yea Commiss i oner Corey: Yea