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Res No 102-22-15855RESOLUTION NO. 102-22-15855 A Resolution concerning Resolution No. 010-22-15763, ratifying action taken at workshops relating to South Miami Park and amending and redirecting Stantec to complete contract documents for new natural turf upgrades, field sports lighting, and other supporting improvements at South Miami Park. WHEREAS, on January 18, 2022, the Mayor and City Commissioners passed and adopted Resolution #010-22-15763, authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park; and WHEREAS, at the June 30, 2022, Capital Improvement Projects (CIP) Workshop, a vote was made to remove capital funding in the amount of one (1) million dollars during fiscal year 2022-2023 for new artificial turf field(s) and sport field lighting (construction); and WHEREAS, at the August 2, 2022, regular Commission meeting the City Commission expressed a desire to reinstate funding in fiscal year 2022-2023 capital budget for new artificial turf field(s) and sport field.lighting in the amount of 1 million dollars; and WHEREAS, at the Budget Workshop held on August 4, 2022, the Mayor and Commissioners voted to add $500,000 in capital funding for new natural turf upgrades during fiscal year 2022-2023 and 2,000,000 in capital funding for field sports lighting during fiscal year 2023-2024 at South Miami Park; and WHEREAS, based on the vote at the Budget Workshop, the City Manager is authorized to redirect Stantec to complete contract documents for new natural turf upgrades, field sports lighting, and other supporting improvements at South Miami Park; and WHEREAS, upon approval, Stantec will be redirected to conduct the necessary study, and professional design services related to a full depth soil profile, medium-level sod enhancement replacement, soil and surface drainage for proper design, and an extensive irrigation design to support a natural sports turf setting; and WHEREAS, at a minimum, the revised contract amount has been renegotiated and reduced by $10,000, to $152,170 from $162,170. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Page 1 of 2 Res. No. 102 -22-15855 Section 2. The action taken by the City Commission at the June 30, 2022, Capita l Improvement Projects (CIP) Workshop, and, as amended, at the Budget Workshop held on August 4, 2022, are here by ratified and confirmed as the action of the City Commission as it relates to South Miami Park. Therefore, the City Manager is hereby a uthorized to amend the work scope and redirect Stantec to comp lete contract documents fo r n ew natural turf upgrades and to continue current design plans for field sports l ighting, and other supporting improvements at South Miami Park. Section 3. Corrections. Conforming language or techn i cal 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 reaso n held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the valid ity of the remaining portions of this resolution. Section 5. Effective Date. This resolution wi ll become effective immedia tely upon adoption. PASSED AND ADOPTED this 16t h day of August, 2022. ATTEST: c~~h READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND ~;?~ Page 2 of 2 APPROVED: ~~p /MAYOR _/ COMM ISSION VOTE: Mayor Philips: Commiss ioner Ha rris: Commissioner Gil: Comm i ssioner Liebman: Commissioner Corey: 5 -0 Yea Yea Yea Yea Yea Agenda Item No:8. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution concerning Resolution No. 010-22-15763, ratifying action taken at workshops relating to South Miami Park and amending and redirecting Stantec to complete contract documents for new natural turf upgrades, field sports lighting, and other supporting improvements at South Miami Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Reso-South_Miami_Park_re-design_Natural_Turf_CArevQP (1).docx Resolution #010-22-15763.Artificial Turf & Lighting.pdf 1 4 RESOLUTION NO. 010-22-15763 A Resolution authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. WHEREAS, pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, and as the next firm in rotation, city staff desires to engage Stantec to provide professional construction documents for new field sports lighting, artificial turf upgrades, and other supporting miscellaneous improvements such as bleacher shade structures, walkways, and perimeter fence system at South Miami Park; and WHEREAS, in summary, the work scope entails professional design services including but not limited to planning and data collection, civil design services, including landscaping, irrigation, electrical and structural engineering services, permitting assistance, bidding assistance, and construction administration services; and WHEREAS, the proposal/contract amount shall not to exceed $162,170; and WHEREAS, upon approval, this engagement will help to bring us a step closer to activating a hidden jewel on the north end, and enhancing player safety and performance while also maintaining the appearance of the facility all year round. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to instruct and to pay Stantec in the amount of $162,170 to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. The total expenditure shall be charged to · account number 301-2000-572-6450, which has a balance of $1,471,625 before this request was made. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon adoption. Page 1 of 2 5 Res. No. 010-22-15763 PASSED AND ADOPTED this 18th day of January, 2022 . ATTEST : APPROVED: ~ ~p~· /MAYOR ~ COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil : Yea Commissioner Liebman : Yea Commissioner Corey: Yea Page 2 of 2 6 City Commission Agenda Item Report Meeting Date: January 18, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Agenda Item No:4. A Resolution authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo-SMP _lmprovements.docx Reso-SMP _lmprovements.docx Proposal-South Miami Park.pdf Stantec Professional Service Agreement.pdf 1 7 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 18, 2022 SUBJECT: A Resolution authorizing the City Manager to instruct and to pay Stantec to complete contract documents for new field sports lighting, artificial turf upgrades, and other supporting improvements at South Miami Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, and as the firm in rotation, city staff desires to engage Stantec to provide professional construction documents for new field sports lighting, artificial turf upgrades, and other supporting miscellaneous improvements such as bleacher shade structures, walkways, and perimeter fence system at South Miami Park. SOCCER PROGRAM: EXPENSE: ACCOUNT: In summary, the work scope entails professional design services including but not limited to planning and data collection, civil design services, including landscaping, irrigation, electrical and structural engineering services, permitting assistance, bidding assistance, and construction administration services. The City's Park and Recreation Department, through its service provider South Miami United FC ("SMUFC"), provides high quality recreational, competitive, and camp soccer programs for youth at South Miami Park. With very limited facilities located at South Miami Park (i.e. restrooms, concession, field lights), our partnership with SMUFC has been positive; however, management believes it could be better by activating the site similar to other city parks. The proposed design elements will further improve the city's revenue position, and enhance player safety and performance while also maintaining the appearance of the facility all year round. Amount not to exceed $162,170. The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $1,471,625 before this request was made. 2 8 THE CITY OF PLEASANT LIVING ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Resolution Proposal -Stantec Professional Services Agreement -Stantec 3 9 ()stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, SUlte 900, 33134 SCOPE OF SERVICES Professional Services Agreement: Resolution 060-17-14861 South Miami Park, Soccer Field Turf Conversion December 14, 2021 City of South Miami Parks & Recreation Department 5800 SW 66th Street Miami, FL 33143 Main: (305) 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: South Miami Park, Soccer Field Turf Conversion City of South Miami, Florida Dear Mr. Pough: PURPOSE It is our understanding that the City of South Miami Parks and Recreation Department (hereinafter referred to as the ·cuENr) wishes to upgrade the soccer field facilities at South Miami Park. The CLIENT would like to provide an artificial turf upgrade to the western two-thirds of the park to accommodate a full-size field and an additional 9 versus 9 field. The remainder of the open play area will be prescription Bermuda Sports Turf. The field area will be lit for competition with new sports lighting from MUSCO. The scope of the project will also include miscellaneous walkways, bleachers, and fences to be determined. PROFESSIONAL SERVICES In order to support this project, STANTEC will provide the design, drawings, specifications, and recommendations necessary for the proposed improvements. (see site exhibit attached hereto for limit of work). Stantec shall support and provide drawings and other deliverables commonly associated with the following milestone design submittal phases: • Attend one (1) virtual Project Kick-off Meeting. • Attend one (1) virtual Consultant Design Workshop Meeting. • Construction Documents Milestone Submittals: 50%, 90%, 100% and Final. SCOPE OF SERVICES The services shall include the following tasks: Task 1 -Planning and Data Collection Task 1.1 -Due Diligence During the Planning phase of the projecl, Consultant will perform the following services: 1. Coordinate with City staff to verify permitting requirementa and design criteria for projecl. Page 1 of 9 V \2156\business_developmenl\215681119 Oty of South M1am1\south mia1111 parl<IProposal\South M,am, Field Conve131on .docx 6 10 () Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, Suite 900, 33134 2. Coordinate with Miami Dade County and South Florida Water Management District staff to establish storm water management criteria specific to the proposed development and to determine the type and level of permit(s) required. 3. Coordinate with City staff to determine base design guidelines and client needs for the field. 4. Request and review available record (as-built) drawings and specific purpose topographic survey data for the existing site. 5. Establish type and level of play for sports striping needs. 6. Coordinate with City staff to develop the design and permitting schedule. 7. Coordinate with the City on a selected manufacturer to utilize for the conversion. 8. Coordinate with the manufacturer on product specifications and detailing towards standardizing to a City approved turf. 9. Upon completion of this task, a formal written schedule will be provided for the various elements of the project and agreed upon by all parties. Task 1.2 -Data Collection In preparation for project design, the Consultant will perform the following services: 1. Geotechnical Services (to be provided by a sub-consultant): Provide a soils investigation of the existing field area for the purpose of determining the suitability of the in-situ soils for use in construction of a new synthetic turf field. The investigation will include two (2) SFWMD Standard Exfiltration tests. 2. Survey Services: Provide a special purpose survey of the field and surrounding areas to locate project elements and determine topography within the project area. The survey will be limited to the portion of the park with the field selected for conversion. Task 1.3 -Project Management 1. The primary objective of this task is to support the Client with overall project design continuity and multi-discipline information sharing and coordination amongst disciplines. Stantec will assist with the project design management through coordination with the Client and it's subconsultants through scheduled meetings, letters, transmittals, e-mails, memoranda, minor document control, and other forms of formal and informal communication, as appropriate. Task 2 -Design and Construction Documents Task 2.1 -Civil Design Services This phase includes those designated services necessary to prepare the drawings, specifications and related documents setting forth in detail the requirements for construction of the project. Poge2of 9 V 121S6\busmess_deve/opment\21S681119 Ory of South M1am1\south m,am, park\Proposal\South M1am1 Fte/d Conversion docx 7 11 () Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, Suite 900. 33134 1. Provide design and layout services to configure the proposed artificial turf field in accordance with City requirements. 2. Provide construction documents to include (as a minimum) a cover sheet, demolition sheet, geometry plan, civil site plan, drainage plan, sections, notes and details sufficient for construction. 3. Provide an NPDES compliant Storm Water Pollution Prevention Plan (SWPPP) for managing project run-off during construction. 4. Provide drainage design, reports and computations as required by SFWMD. 5. Provide grading design, drainage structures and pipe connections to existing park storm drainage system. 6. Provide Specifications in CSI format. Specifications will include only those technical specifications found in Sections 1 through 16 of the CSI Master Specification list. 7. Provide an engineer's estimate of probable cost (EPC) at the 90% and 100% submittal phases. 8. Plans shall be submitted for phase review to City at the following developmental phases: a. 50% Plan Phase -Preliminary Development b. 90% Plan Phase -Permit Set c. 100% Plan Phase -Final Review d. Final Construction Documents Submittal, Issued for Construction. An electronic submittal in PDF binder format containing 24" by 36" size plans shall be delivered for review at each phase. All plans shall be prepared using AutoCAD Civil 3D 2019 or newer. Task 2.2-Landscaping and Irrigation Services 1. This task will also re-route existing irrigation system as necessary to incorporate the proposed artificial turf field into the existing applied irrigation watering pattern. The artificial turf field will not be irrigated, and irrigation design is excluded. Task 2.3 -Electrical Engineering Services 1. Provision of new Electrical Service -Stantec will coordinate with FPL for the provision of a new electrical service for the purpose of installing sports lighting on the new fields. It is unknown at this time if FPL has the appropriate availability of voltage and capacity of power for the necessary lighting at this location. This proposal only includes coordination and on-site provisions. This proposal does not include any offsite improvements. It should be noted that FPL may have charges for providing services to the park which will be paid by the City. 2. Provision of Sports Lighting -Stantec will coordinate with MUSCO to provide sports lighting for the project fields. Lighting photometrics and pole design will be performed by MUSCO. Stantec will implement the design into the project plans and provide services, panels, schedules, conduit runs, wiring, grounding as necessary for a complete design. Page 3 of 9 V \2156r.business_deve/opment\215681119 City of South M1am1\south miam, park'Proposal\South M,am, Field Conven;ion docx 8 12 {)stantec Stantec Consulting Seivices Inc. 901 Ponce de Leon Blvd. Coral Gables. Suite 900. 33134 Task 2.4 -Structural Engineering Services 1. Provision of Shade Structures-Stantec will provide coordination with potential vendors for shade shelters over bleacher areas. We will develop plans for the inclusion in the bid that specify the projected shade shelter as a basis of design or approved equal. Task 3 -Permitting Assistance Stantec will prepare permit applications with supporting documentation for the owner's signature and subsequent transmittal to relative governmental agencies that may include: 1. South Florida Water Management District (SFWMD) -Review of storm-water management calculations and plans. 2. Miami Dade County Department of Environmental Protection -Review of storm-water management calculations and plans. 3. Florida Department of Environmental Protection (FDEP) -Storm water pollution prevention plan (SWPPP). Stantec representatives shall attend up to two (2) in-person or virtual (as appropriate) meetings with the regulatory agencies to determine the best method for design and permitting approach. After Stantec has received comments from the applicable regulatory agencies, we will address comments and revise the plans to achieve agency approvals. Permit fees and impact fees are not included in the permit and are assumed to be paid directly by the City. The scope and fee of this task assumes the Client's selected contractor or permit expediter shall be responsible in applying. submitting, and obtaining the appropriate building permit applications applicable to the scope of work. Task 4 -Bidding Assistance The consultant will attend one (1) pre-bid meeting and issue as many as two (2) addenda in response to contractor questions. Once bids are received, The consultant will review the bids, prepare a bid tabulation sheet and check references of the three (3) lowest bidders to determine the most responsive and responsible bidder. The consultant will provide the City with a letter of recommendation based upon its findings. Task 5 -Construction Administration 1. Shop drawing review: The Consultant shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the General Conditions of each construction contract) and samples and other data that each Contractor is required to submit but only for conformance with the design concept of the Project and compliance with the information given in Page4of9 V\2156\busmess_devetopmenr\215681119 C,ty of South M1am1\south m,am, park\Proposal\South Miami F1etd Conversion doo. 9 13 ()stantec Stantec Consulting Seivices Inc. 901 Ponce de Leon Blvd, Coral Gables, Sutte 900, 33134 the Contract Documents (such review and approval, or other action, shall not extend to means, methods, sequences, techniques or procedures of construction. or safety precautions and programs incident hereto). 2. Response to Requests for Information (RFI) by the Contractor: The Consultant will provide interpretations (up to four engineering person hours) of the plans and specifications developed in Tasks listed above and provide responses to the requests for information from the contractor during construction. The Consultant will advise the Client if a response to the RFI cannot be made based on a reasonable interpretation of the plans and specifications. The Consultant shall consult with and advise the Client as to the acceptability of substitute materials and equipment that are proposed by the contractor(s). 3. Site Civil Periodic Site Visits: The Consultant will conduct periodic site visits during the construction phase of the project to observe the work for general conformance to the plans, specifications and permit conditions. The Consultant shall not be responsible for the means, methods, techniques. sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). The Consultant's efforts will be directed toward providing the Client with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. During such visits and on the basis of on-site observations, the Consultant shall keep the Client informed of the progress of the work, shall endeavor to protect the Client against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents. The Consultant will provide a bullet format field report for each project visit. The report will summarize project observations as they relate to general conformance with the construction documents. 4. The Consultant will attend as many as four (4) bi-weekly construction progress meetings at the request of the Client for the successful administration, management, and technical execution of the Scope of Services. The agenda for each progress meeting will be determined by the Client. Meetings will be planned to last approximately one (1) hour. 5. Substantial Completion: Upon request of the Client, the Consultant will provide one (1) site visit (in addition to those described above) to review the construction site work for substantial completion and general compliance with the plans specifications and permit conditions. Based on the substantial completion site visit the Consultant will prepare one "punch list" listing any additional work to be completed for the site work. 6. Final Completion: Upon request of the Client. and confirmation by the contractor that the "punch list" items have been completed, the Consultant will provide one (1) site visit (in addition to those described above) to review the construction site work for final completion and general compliance with the plans specifications and permit conditions (subject to any conditions therein expressed). The Consultant will prepare a memo notifying the Client that the work has been completed. The Consultant shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the Consultant's own employees and agents) at the site or otherwise performing any of the Contractor(s)' work. 7. Construction Certification of Completeness to Permitting Agencies: Upon satisfactory completion of the work and submittal of satisfactory as-built drawings, inspection reports, tests, approvals, shop drawing, and other data by the contractor the Consultant will notify the permitting Agencies Page5of9 V \2156\busmess_ deve'opment\215681119 City of South Miam1'south m,am, parl<'ProposallSouth Miami Fie'd Conve,sion docx 10 14 ()stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd. Coral Gables. Suite 900. 33134 that the project has been completed and that based on our periodic site observations and information provided by the contractor that the project has been constructed in general compliance with the plans, specifications and permit conditions. The Consultant will note any significant deviations from the plans, specifications and permit conditions. SCHEDULE Commencement Date: Stantec is prepared to start and begin its work within ten (10) business days following a Notice to Proceed. Stantec will coordinate with the Client and provide the proposed scheduling of all milestone submittals, programming meetings, field visits, etc. Estimated Completion Date: Stantec estimates design and construction document completion within 180 days following a Notice to Proceed. Permits will be applied for in that timeframe with the ultimate approval expected within 90 days. However, the period of review and approval for permits is an estimate and not within the control of Stantec. FEE Subject to the terms below, Client will compensate Stantec as follows: LUMP SUM FEES Task Description 1 Data Collection I Due Diligence 2 Project Design and Construction Documents 3 Permitting Assistance 4 Bidding Assistance 5 Construction Phase Services Design, Permitting and CA Fees REIMBURSABLE FEES 6 Reimbursable Fees, Reproductions, Etc. TOTAL TASK AUTHORIZATION FEE REIMBURSABLE EXPENSES Labor Fee $ 8,885.00 $90,460.00 $12,130.00 $ 6,580.00 $35,640.00 $ 161,670.00 $ 500.00 $162,170.00 Sub-Consultant Fee 7,975 N/A N/A N/A N/A Reimbursable expenses: will be billed as an "as-incurred" cost. Project specific charges such as: travel (outside of Miami-Dade and Broward Counties), accommodations and meals; project specific printing of deliverables; consumables; usage charges for specialized field equipment and company owned, leased or rented project vehicles; external testing lab charges and other external services charges; specialized computer software costs; and other significant project specific expenses will be invoiced as-incurred per the appropriate reimbursable task and are deemed necessary and reasonable. Page6 of 9 V 12156\busmess_ development\215681119 Oty of South M1am1\south ,mam, park'Proposal\South M1am, Field Conve1s1on docx 11 15 () Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd. Coral Gables. Suite 900. 33134 EXCLUSIONS, CLARIFICATIONS and ASSUMPTIONS The following is a list of STANTEC's exclusions, clarifications, and assumptions that were used in preparation of the Scope of Services: 1. The project limits shall lie within the confines of the selected field and property boundaries exclusive of the eastern parking areas and building site. 2. Colored renderings for any site elements are not included. 3. The scope of work includes preparation of plans related to this project in an AutoCAD platform, specifically AutoCAD Civil 3D 2019 or newer. 4. This proposal assumes the artificial turf field will not be irrigated. 5. The city is responsible for all utility locates if needed. 6. Traffic engineering studies and/or design are not required for this project. 7. There are no wetlands or environmentally sensitive areas being impacted on the property. 8. A set of CSl-format specifications will be provided for the project. Technical specifications will be included in the drawings where applicable. 9. Plans for construction staging and maintenance of traffic during construction will be prepared by the contractor. 10. Any earthwork and underground construction will be performed "in the dry" and that dewatering plans will not be required. 11. Any environmental assessment, site contamination issues, groundwater contamination and monitoring are not included in this proposal 12. During the course of the project, if actual project requirements or conditions are found to be different from the Project Understanding or Assumptions listed above, the Consultant will submit a supplemental scope of services and fee for any additional work that may be required to the Client for consideration. 13. This proposal assumes that a viable irrigation system is in place in the park. Irrigation services will include modification and rerouting for the existing system. 14. This proposal does not include the provision of any easements required by FPL or any other entity. These services will need to be provided by the City or can be provided as an additional service. 15. The scope of this proposal is based on Stantec's understanding of the current rules, regulations, and ordinances in effect on the date of this document. 16. Client is expected to make available any pertinent documentation regarding deeds, easements, rights-of-way, agreements with the adjacent property owner, etc. upon request. 17. For the purposes of this proposal, all Scope of Service work will be performed within the project area limits as defined by exhibit attached hereto. Any additional consulting for equipment, engineering, testing, or design services outside the project limits are excluded. 18. Stantec will utilize existing information, permit/construction plans, record drawings, reports and exhibits previously developed for the Project. Stantec's drawings may include information provided Poge7of9 v·12155',business_deve/opment\215681119 0/y at South M,smilsouth miam, parl<'Proposa/lSouth M,am, Field Conversion cJocx 12 16 () Stantec Staniec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, Suite 900, 33134 by others. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated within the design drawings as a result. 19. Stantec assumes the Client's selected contractor or permit expediter shall be responsible in applying, submitting, and obtaining the appropriate permit applications, as applicable to the scope of work. 20. As-built drawings are specifically excluded from the scope and fees shown herein and are assumed to be provided by the contractor for all installations. 21. Value Engineering is specifically excluded from the scope and fees shown herein. 22. Engineering, design, and/or mitigation for unforeseen, concealed, or undocumented existing conditions is excluded. 23. Identification, mitigation, or disposal of hazardous materials, including but not limited to mold and asbestos, is excluded. 24. Impact fees and permit application (soft costs) are excluded. 25. All services not specifically listed herein are hereby excluded. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Regards Stantec Consulting Services Inc. 62-'!?~sP Principal Phone: 305 445 2900 x 2230 sean.compel@stantec.com Page 8 of 9 V \2156'.business_development\215681119 Ory or South M1am11South m,am, park\Proposal\South Miam, Field Conversion docx 13 17 () Stantec Stantec Consulting Services Inc. 901 Ponce de Leon Blvd, Coral Gables, Suite 900, 33134 By signing this proposal, City of South Miami authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on the Day day of Month, Year Per: Print Name & Title Signature Attachment: Attachment C C.C. cs document4 This Proposal/ Agreement is open for acceptance by CLIENT for ninety (90) days from the date above, after which it will be withdrawn by STANTEC and may be subject to renegotiation. End of Proposal Page 9 of 9 V\21561JJ(Jsmess_development\215681119 Oty of South M,am,\south m1am1 park\Proposa/\Sourh M,am, Field Conversion docx 14 18Staniec Consulting Services MANHOUR ESTIMATES (BASIC SERVICES) 907 Ponce de Leon. Suite 900 Coral Gables FL US 33134 Soulh M1am1 Turf Conversion Office (305) 445-2900 Design and Construction Proposal 12/14/2021 Sr. Proj. Senior Engineering Senior Senior Principal Manager Engineer Intern CADD Tech Inspector Clerical Sub TOTALS Manhours Manhours Manhours Manhours Manhours Manhours Mt1nhours Subconsultant Comract l ask S1antec Combined Hourly Rate $180.00 Sl 70.00 $145.00 595.00 Sl00.00 $90.00 $45.00 Fee Hours Total Total Total TASK -PLANNING and DATA COLLECTION 1 · 1 Kickoff Mcclina 0 3 3 0 0 0 0 $0 6 $945.00 1-2 F 1elcl Review 0 6 6 0 0 0 0 so 12 $1,890.00 1-3 Survey 0 2 0 0 0 0 0 $5,800 $5,800 2 $340.00 1-4 Geotechrncal 0 2 0 0 0 0 0 S2,175 $2,175 2 S340.00 1-5 Mce11nas with Citv 12) 0 6 6 0 0 0 0 $0 12 $1.890.00 1-5 Tree lnvcn1orv 0 0 0 0 0 0 0 $0 0 $0.00 1-6 Review Existino Data (clans. oermits) 0 4 4 0 0 0 0 $0 8 Sl,260.00 1-7 ProJeCt Management 0 12 0 0 0 0 4 so 16 S2.220.00 TOTALS S7,975 58 S8.885.00 S8.885.00 S16,860.00 TASK 2.-DESIGN AND CONSTRUCTION DOCUMENTS Civil Enqineerinq 2-1 Lavou1 and Base Sheet 0 2 4 16 40 0 0 $0 62 $6,440.00 2-2 Drainaae Desian 0 6 20 16 20 0 0 so 62 S7.440.00 2-3 Field Desian 0 2 10 24 40 0 0 so 76 $8,070.00 2-4 Artificial Tuif Plans and Detailinq 0 2 8 24 60 0 0 so 94 S9.780.00 2-5 Amenlilics (bleachers. benches, etc) 0 2 4 12 30 0 a so 48 S5,060.00 2-6 Tcchnir:al Soccific~tions 0 2 8 0 0 0 8 so 18 $1.860.00 Landscaoc /\rr.hitcr.1ure and lrriqation 2-7 Exlstinq lrriqation Research 0 3 6 8 10 0 0 so 27 SJ.140.00 2-8 lmqalion Dcsion and Plans 0 3 10 26 40 0 0 $0 79 $8.430.00 2-9 Additional Soecifications 0 2 6 0 0 0 4 $0 12 S1,390.00 Elecmcal Enaincennq 2-10 Coordin.1tion with FPL 0 2 8 0 0 0 0 so 10 S1.500.00 2-11 Coordin.11ion wilh Liahlina Suoplier 0 2 8 0 0 0 0 so 10 Sl.500.00 2-12 Add11ional Soeciltca1ions 0 2 4 0 0 0 4 so 10 S1.100.00 2-13 Elecmcal Desion 0 2 4 10 0 0 0 so 16 S1.870.00 2-14 Elecirical Plan Views 0 2 4 10 40 0 0 so 56 $5,870.00 2-15 Electrical Panels and Details 0 2 4 10 40 0 D so 56 SS,870.00 Phase Subm1t1als 2-16 Proiect Manaaemenl 0 12 0 0 0 D 0 so 12 $2,040.00 2-17 Prepare Submillal Packaoes 0 0 2 0 4 0 0 $0 6 $690.00 2-18 Mee1inos with CilV/Clienl (4 Meelinas) 0 12 0 0 0 0 D so 12 $2,040.00 2-19 Response lo Comments 0 4 8 16 28 0 0 so 56 $6,160.00 2-20 Cost Eslima1i11a / Coordination 0 4 4 8 0 0 0 so 16 $2,020.00 2-21 Coordinalion w/ All Disciplines 0 8 0 0 0 0 0 so 8 $1,360.00 2-22 Quality Conlrol Review 8 0 0 0 0 0 0 so 8 $1.440.00 Struc1ural Enaineerina 2-23 Shade Shelters D 2 4 16 24 0 0 so 46 $4,840.00 ~ 2 so 5 S550.00 TOTALS $0 754 $90,460.00 $90.460.00 ' y 0 so 18 $2,260.00 590.460.00 3-2 Miami Dade DERM 0 4 8 8 0 0 0 II so 20 $2,600.00 I I 3.4 SFWMD Permit 0 12 16 16 0 0 0 II so 44 SS.880.00 I 15 19Staniec Consulting Services MANHOUR ESTIMATES (BASIC SERVICES) 901 Ponce de Leon, Suite 900 Coral Gables FL US 33134 South Miami Turf Conversion Office (305) 445-2900 Design and Con ·truction Proposal 12/14/2021 Sr. Proj. Senior Engineering Senior Senior Principal Manager Engineer Intern GADD Teel Inspector Clerical Sub TOTALS Manhours Manhours Manhours Manhours Manhours Manhours Manhours Subconsullanl Coniracl ask Slantcc Combined Houri Rate $180.00 $170.00 $145.00 S95.00 S100.00 $90.00 $45.00 Fee Hours Total Total Total 3-5 2 2 $12,130.00 4.1 $12,130.00 4-3 $6.580.00 $6,580.00 5-2 a 0 0 0 so 56 $9,520.00 5-3 0 24 0 0 a 0 so 32 $4,840.00 5-4 0 6 20 0 0 0 0 so 26 SJ.920.00 5-6 0 8 0 0 0 0 0 so 8 $1,360.00 5-7 a 56 a a a a a so 56 S9.520.00 5-8 0 4 12 0 0 0 0 so 16 $2,420.00 5.9 / Punchhsl a a 0 a a 4 so 8 S860.00 5-10 0 0 0 0 0 so 8 $1,260.00 4 0 4 so 12 $1,260.00 TOTALS so 226 535,640.00 $35,640.00 TOTAL $7,975 $7,975 $153.695.00 S35,640.00 Notes . Construction Phase services assumes a total Construction lime of 200 Days S161.670.00 Construction Schedule 200. Calendar Days 143 Work Days 29 Weeks 16 20 LONGITUDE SURVEYORS 77 69 NW 48 Street Suite 375 Doral, FL 33166 3 05 .463.0912 Lon gitude Surveyors LLC Mr . Carlos M. Herdocia, PE, LEED AP Project Manager Stantec 901 Ponce de Leon Boulevard Su ite 900 Coral Gables, FL 33134 786.502.0701 Dear Mr. Herdo cia, We are pleased to enclose the requested Proposa l for Surveying serv ices. Please see attached detailed information on our planned approach for t he Scope of Ser vice s. We look forward to working with you on th is Proj ect. Longitude Surveyors LLC I LONGITUDE SURVEYORS 17 21 LONGITUDE SU RV EYO RS-------------- Monday, November 22 , 2021 M r. Carlos M. He rdocia , PE, LE ED A P Projec t Manage r Stantec () Sta ntec 90 1 Ponce d e Leon Bo ulevard Suite 900 Coral Gables, FL 3313 4 786.50 2.070 l RE: Surveying and Mapping services for South Miami Park , South Miami, FL Dear Mr. Herdocia, VIA EMA IL: ca rl os .herd ocia@st antec .com SOUTH MIAMI PARK Pursuant to your request regarding a lee estimate for Surveying and Mapping services for the above- referenced project, LON GITUDE SURVEYORS , LLC (LS) is pleased to submit t he following Proposa l for your consideration. Scope of Wor k -Boundary Survey wit h Elevations : ❖ Longitude Surveyors will perform a boundary analysis within Survey limi ts and will show graphically. ❖ LS w ill show lot lines and ownersl1 ip lines graphically, as per reco rded p lats and field evidence . •·· Long it ude Su rveyors will set h o ri zontal and vert ic a l contro l points within Survey limits. ❖ Long itude Surveyors will collect !he fol lowin g above-ground improvements; buildings, fences, paved roods, signs , poles, slabs, above-ground structures and util itie s, manholes, catch basins, trees, palms, and other significan t above-gr ound im proveme nts. A Tree Survey will not be p repared. ❖ Elevations will be collected equivalent to a fifty (50) foot grid and will includ e high est adjacent/lowest adjacen t points within Survey lim its . ❖ LS will collecl existing drainage and sanilory information such as : rim elevat ion. p ipe size, pipe material, pipe direc t ion , and in vert s. ❖ LS w ill show easement s found on t he p lat or which can be found performing a public search; however, without a Til le Commitment or Tit le Search, there is no guarantee all easements will be shown on t he Survey. ❖ The Survey will be referenced to the Florido State Plane Coordinate System based on the No rth American Dalum of 1983/20 11 (NAD 83/l 1). ❖ Elevations will be referenced to the National Geode tic Vert ica l Datum of 192 9 (NGVD29), unless Client provid es other Datum to be use at lime of Notice to Proceed (N TP). Survey Limits: A portion of South Miami Park, 43 00 SW 58 A venue, South Miami, FL 33155 , having Miami-Dade County Folio Number 09-4024 -000-0620, as per attached Exhib it provided by Client. Deliverables: Longitude Surveyors will provide a PDF and CAD file of the resu lting Survey . Signed and sealed hard copies will be p rovided u pon reql}est. Ti me of Completio n: LS has estima t ed eig ht[8] business days lo complete this task . Thi s l imeline is considered effecti ve twenty-fou r (24) hours after Not ice t o Pr oceed (N TP) is g iven t o the undersigned. Fee : The lolo l professional fee to complete t his task sh all be a lump sum of S5.800.00. LONGITUDE SURVEYORS 77 69 NW 48 Street • Suite 375 • Doral , FL 33166 • Ph: 305.463.0912 • Fa x: 305 .5 13.5680 18 22 LONGITUDE SURVEYORS -------------- I understand and agree by sign ing be low "I APPROVE AND ACCEPT " th is Proposal as a legal binding contract. By : Dote: -------------~----(Authorized Signature) Tit le : (Typed or printed name) On behalf o f the firm , I thank you for th e opportunity to present this Proposal. We look forward to utilizing our best profess ional efforts on your behalf on this very important Project. · Eduardo M . Suarez, PSM/Pr LONGI TUDE SURVEYORS 7769 NW 48 Stree t· Suite 375 ·Doral.F L 33 166 • Ph: 305.463.0912 • Fa x: 305 .513 .5680 19 23Exhibit 24 Nutting Engineers of Florida Inc. I Established 1967 Your Project Is Our Commitment November 22, 2021 Stantec Attn: Mr. Carlos Herdocia, PE 901 Ponce de Leon Boulevard/ Ste. 900 Coral Gables, FL 33134-3070 Geotechnical & Construction Materials Engineering, Testing, & Inspection Environmental Services Offices throughout the state of Florida www.nuttingengineers.com info@nuttingengineers.com Phone: 305.446.2900/ Cell: 786.502.0701/ Email: carlos.herdocia@stantec.com Re: Proposal for Exfiltration Testing Services South Miami Park 4300 SW 58 th Avenue South Miami, FL 33143 Dear Mr. Herdocia: Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal for performing exfiltration testing services for the referenced project. Per your email dated November 22, 2021 and review of the aerial provided, it was requested that we provide a proposal/ agreement for performing exfiltration testing services at the referenced site. Based on your request for proposal and our understanding of the project, we propose the following scope of work and fee schedule. SCOPE OF WORK We propose to perform two usual type open-hole exfiltration tests in general accordance with South Florida Water Management District (SFWMD) specifications to a depth of 15 feet each. Please be advised that in the event that the exfiltration tests are performed within the soccer playing field, we respectfully request the test locations be properly repaired by a professional turf contractor or South Miami Park personnel. At the completion of the on-site work, we will provide a brief report describing the testing procedures and the hydraulic conductivity (k value) of the soils. We assume the site is accessible to truck mounted drilling equipment and that the underground utilities will be cleared by Call Sunshine prior to our performing the on- site work. 2051 NW 112th AVENUE, STE. 126 · MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Lucie 772-408-1050 · Broward 954-941-8700 · Palm Beach 561-736-4900 21 25 Stantec South Miami Park e,cfll 4300 SW ssth Avenue. South Miami. FL Pagelo/3 FEE SCHEDULE The above indicated scope of work will be performed for an estimated cost of $2,175.00 based on the following rates and quantities: Technician site visit, utility clearance Mobilization of equipment/ crew SFWMD exfiltration tests Project Engineer Clerical/ Administration Lump Sum 1@$350.00 Lump Sum Lump Sum Lump Sum $150.00 $350.00 $1,500.00 $125.00 $50.00 Once we receive the executed/ signed proposal, project scheduling will commence. The on-site work should take approximately one business day to complete. The test reports should be available within approximately 10 -12 business days after the on-site work is completed. Thank you for providing us the opportunity to present this proposal. We look forward to working with you on this and future projects. Respectfully submitted, NUTTING ENGINEERS OF FLORIDA, INC. Scott Ersland Division Manager Richard C. Wohlfarth, P .E. Principal/ Director of Engineering Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written authorization to proceed. If you are a first-time client, we request that the balance due for these services be paid at the time of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed a 1 1/2 percent service charge per month until paid in full. PLEASE ENTER INFORMATION LEGIBLY BELOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SIGNATURE: _________________ DATE: ___________ _ PRINT NAME: ___________________ TITLE: __________ _ COMPANY NAME: ___________________________ _ ADDRESS: _______________________________ _ PHONE: ___________ EMAIL: __________________ _ South Miami Park Stantec 4300 SW 58 Ave S Miami exfll 11-22-21 2051 NW 112th AVENUE -STE. 126 • MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Lucie 772-408-1050 · Broward 954-941-8700 • Palm Beach 561-736-4900 22 26 Stantec South Miami Park ex/ii 4300 SW 58th Avenue, South Miami. FL Page3a/ 3 General Terms and Conditions For the purpose of this project, the addressee of this proposal will be known as the Client. The client is expected to furnish NUTTING ENGINEERS OF FLORIDA, INC. ("NE"), with accurate information including sketch of survey and/or site plan, construction drawings/specifications as appropriate, details of proposed construction including the proposed structural system and loads or existing construction problem information and site accessibility information as appropriate. Other information requirements may be detailed in the enclosed proposal. IF ANY CONDITIONS CHANGE such as building layout, loading, project specifications/design, or unusual site conditions are observed, NE should be notified immediately in writing about the changed condition for possible review and comment Should the Client wish to impose other conditions and requirements beyond those contained in this proposal such as in a separate contract, we reserve the option to modify contract language, fee amounts, to remove our proposal from consideration or other measures as may be indicated. OeUvery-Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Additional report copies can be provided for a nominal fee to the Client NE will exercise appropriate measures to ensure project completion within a reasonable time frame subject to existing workloads. However, NE will not be held responsible for unavailability of necessary project data and site access within the time frame agreed upon for the investigation. Project delivery may be delayed if the ENTIRE signed proposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information. This unsigned proposal is valid for GO days. Payment • No deposit required with signed agreement Balance due upon delivery of report. Directing NE to proceed with the work shall constitute acceptance of the terms of NE's proposal and these General Terms and Conditions. Interest at the rate of 18% per annum or the highest rate allowable by law whichever is less, will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client Insurance-NE maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law. In addition, we maintain Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injury limits of $1,000,000.00 and property damage limits of $1,000,000.00. A certificate of insurance can be supplied evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to cancellation. Right-of-Entry• Unless otherwise agreed, Client will furnish right--0f-entry on the property for NE to make the planned borings, surveys, and/or explorations. NE will not be responsible for removing fences, earth berms, vegetation or other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount If Client desires to restore the property to its former condition, NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide NE with proper access to conduct its work. Damage to Elclstlng Man-made Objects• It shall be the responsibility of the owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to routes of access, field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or over-ground obstructions, such as utilities, septic tanks, etc., NE will give special instructions to its field personnel. In addition, Client waives any claim against NE arising from damage to existing man-made objects. Warranty and Umltatlon of UabHlty • NE shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is promptly notified in writing prior to one year after completion of such portion of the services, NE will re-perform such portion of the services, or if re-performance is impracticable, NE will refund the amount of compensation paid to NE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement. In no event shall NE or any of its professional employees be liable for any special, indirect, incidental or consequential loss or damages, including but not limited to impact and delay claims. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. At additional cost, Client may obtain a higher limit prior to commencement of services. PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification -Client agrees to defend, indemnify and save harmless NE from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from NE's performance of the proposed work, whether such claims or damages are caused in part by NE, and agrees to reimburse NE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to $2 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by NE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. Sampnng or Testing Location• Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others and/or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. It is understood that all drilling locations are accessible to conventional truck mounted drilling equipment unless otherwise specified by the client. If unscheduled remobilizations or use of portable or all terrain equipment is required additional charges will apply. NE will attempt to clear utilities at our excavation/test locations by manual drilling to 3' below land surface (BLS). Any utilities/obstructions present at client specified test locations or below 3' BLS will be the responsibility of the client. Sample Handling and Retention-Generally soil test samples are retained for approximately three months after which time they will be discarded unless written instructions to the contrary are received from the client Legal Jurisdiction • The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Palm Beach County, Florida. Any and all causes of action arising out of NE's performance of the Work, including but not limited to claims for indemnity, contribution and equitable subrogation, shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than the date of NE's last invoice for the Work performed hereunder. Force Majeure -NE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carriers, client or other similar causes beyond its control. Documents· NE shall be entitled to rely upon the accuracy and completeness of all surveys, reports and information furnished by the client. If conditions different from those described in our report are found at the site, NE should be notified in writing immediately upon discovery. NE reserves the right to revise conclusions and recommendations presented in the final report should additional information regarding the project become available. All permits will be obtained by others unless otherwise specified in this proposal or in writing to NE. NE has no liability for consequences of Information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily examined by NE in such investigations within the time frame allowed for this investigation under this agreement. The client, entities identified in writing on the address portion of our report, design team professionals engaged by our client and building official staff are entitled to use and rely upon NE'S reports for purposes or the current project. Other parties are not authorized to use or rely upon NE'S reports unless NE so states in writing. NE· General Contract Terms and Conditions May 2017 cc: Connie Gworek -Business Development Associate South Miami Park Stantec 4300 SW 58 Ave S Miami exfil 11-22-21 2051 NW 112th AVENUE -STE. 126 · MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Lucie 772-408-1050 · Broward 954-941-8700 · Palm Beach 561-736-4900 23 27 Quollfleoffon Stafement-Part 2 -standord Forms EXHBBHT#6 PROFESSIONAL SERVICE AGREEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016·22 THIS AGREEMENT made and entered Into this ?,\ ~\ day of \'\Aktt , 20..n_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S1-\..\$C . who Is authorized to do business in the State of Florida, (hereinafter referred to as the °CONSULT ANT"). In consideration of the premises and the mutual covenants contained In this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be Issued by the City Manager, or his deslgnee. following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described In one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSULT ANT available data and documents In the CITY possession pertaining to the WORK to be performed under this AGREEMENT prompdy after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services, The CONSULT ANT shaH perform the work as set forth in the Scope of Services as described in the Notice to Proceed, 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSUL TANT render performance of his duties Impossible. 4.0 Basis of Compensation: The fees for services of the CONSUL TANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSUL TANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATT'ACHMENTA: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULT ANT agrees to accept. for the services rendered pursuant to this AGREEMENT, fees In accordance with the hourly rates that shall include all Page SI of 66 City of south Miami • RFQ tPW201~22 I Professional General Engineering oncl Archileeturol Sel"'ices 11 "24 28 Quaancatton Statement -Part 2 -Standard Forms wages, beneftts, overhead and profit and that shall be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULT ANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 3Q days following the receipt of CONSUL TANrs invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decjsjons. All services shall be performed by the CONSUL TANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULT ANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7 .0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULT ANT for the purpose of this AGREEMENT shall become the property of the Cln' without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULT ANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSUL TANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made· within one year following the· end of the contract. 10.0 Subletting, The CONSUL TANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL TANrs rights. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULT ANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal law. If the CONSUL TANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page 52 of 66 !fnnrer. CilyofSOu!hMiomi -RFQ OPW2016-22 I Professionol Generol Engineerlng and Archilectural Services 115 25 29 Quollficatlon statement -Port 2 -stondo;d Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warrant;y. The CONSULT ANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULT ANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULT ANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSUL TANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 day~ advanced notice to the CONSUL TANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULT ANT will only be compensated for any completed professional services and CONSULT ANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof,· each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17 .0 Agreement Not Exdysjye. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULT ANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSUL TANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page 53 of 66 Cilyo!SoulhMlami -RFQ OPW2016-2'2 I Professional General Engineering end Archilecturol services 1 I 6 26 30 Qualllicotton statement -Part 2 -standard Forms AGREEMENT. 19.0 ~-CONSUL TANT shall be responsible for payment of all federal, state, and/or focal taxes related to the Work. Inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSUL TANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT b)l reference. 21.0 Independent Contractor. CONSUL TANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibjllties. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except In writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 Jury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive -any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severabilit;y. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, If any. and the rights and remedies available hereunder. and, in particular but without limitation. the warranties, guarantees and obligations imposed upon CONSUL TANT by the Contract Documents. if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to. and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents. if any. or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page 54 of66 City of South Miami -RFQ IIPW2016-22 I Proflfflional General Engineering and Architecturel sennces 117 27 31 Quollffcoflon Stolement -Part 2 -Standord Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice. other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall Impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. · · 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be Implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULT ANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age. sex, familial status, marital status. ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSUL TANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with ·all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Rorida. 33.0 Effecdve Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by Oty Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall pe a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 55 of66 City of Soulh Miami. RFQ OPW201.$-22 I Professional Generol Engineering and Archileclurol Services 11 A 28 32 Quallllcoiton Stai'ement -Part 2 -Standard Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSUL TANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people direcdy employed by It. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULT ANT is bound. 40.0 Publlc Records: CONSUL TANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSUL TANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSUL TANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter · or as otherwise provided by law; (c) Ensure that public .records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the .: contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency. upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If THE CONTRACTOR HAS QIIJIEST~OINIS IRIEGARDONG THE APPLDCATION Of CHAPTER 189, iFlOR6IOA STATUTES, TO THIE CONTRACTOR'S DUTY TO PROVIDE PUBLBC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBD..DC RECORDS AT 305-663-6340; E-mail: munenendez@southmiamifl.gov; 6 g 30 Sunset Drive, South Miami, FIL 33 D 43. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 City of Soulh Miami • RFQ ilPW2016-22 I· Professional General Engineering ond Archlteclurol Services 1 1 S' 29 33 Qualfflcatton Statement-Po.rt 2-stondold Forms delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mall, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following Individuals or entities at the addresses {Including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: t,pgpe@southmiamifl.iov 42.0 Corporate Authorigr. The CONSUL TANT 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 ail applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSUL TANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions s~t fo · ~~-;1-..=.::;~....,.c:;-'-:---'-'!i~--,,~{~) :, City Clerk ( C ULT. T: ByR e a, , esident Stantec Consulting Services Inc. (Print Name.ht>~ ·-. -· City of _South Miami By:~~ _...,.........5'ven Alexander City Manager Page 57 of66 City ol South Miami • RFQ IPW2016-22 I ProfesSlonal Generol Engineefing 01,d Archltecturol Seivlces 120 30 34 Read and Approved as to Form. Language, Legality and Execution thereof. · Thomas F. Pepe, Esq. City Attorney Page SB of66 QuallHcollon Statement-P01t 2 -Standard Forms Clly ol SQulh Mlomi • RfQ ~rw201.s.22 I Profosllonc;sl Generol F.nglnccring ond A1clllloclut0I Secvicc:-s 11 ?.1 31 35 (i"l South~ami DllartC,ftlASMTIIWIC ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Prof&llfonml General EnsJneerlng end Ardlltedural Services" RFQIPW20!6-22 The City and CONSULTANT a1ree that a separate rotational 11st wUI be dedicated for work performed under a continuing professlonal service contract, as specffled In the Scope of Services, for "Certified Arborlsts Services," and a separate rotational 11st will be established for all CCNA professfonal services. "Certified Arborfsts Services" is defined as: o CeBtlfted Arborlst Services: Consultant may be called upon to review all tree removal pennit applications that are submitted to ensure compliance with the regulations outllned In Section 20-4.5.1 of the City's Land Development Code. lhe review lpdudes the lnltlal site Inspection followed up by the determination of mitigation and a flnal Inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and pubUc property. The rotational 11st for "Certified Arborlsts Services" wlll rotate every three (3) months among the CONSULTANTS. The City Intends to retain a maximum of four (4) quahfled firms under four (4) separate but slmllar Professional Services Agreements. ___ ____, CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, Language, Lesallty and Execution thereof: -~~ By:--------- Thomas F. Pepe, City Attorney ( 32 36 "'-naaf.Pepe 10/lll2016 ATI"AC!HlM!ENT A ,aC:©IMJIPIENSATD@INJPP ffll@fleSiBOIMAR. $1ElftVBC!E AGUIEIMIIENT "~loauBB Gfflanil l!:n~ln1 mmD Bwdikmctun9 Si2nlals" ll'tlFQ #P'Wlo 6 ,.az Page5tof66 143 33 37 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor/ Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 34 38 A'lfTACIHIIMIENT.11 INSURANCE & DINIDEMNIIIFBCATBON REQUIREMENTS 1.010 lnsuranca IPROFUSBONAL IIEIMCI AGRl!l!MIINT . "P.orw1ona1 Gemn1 Enalnw'lnsadArdaltadurmll Servlal" IIFQ#PW2016-22 A Whhout DmJdng ks Dablbtf, the connccor, consultant or consuhina ftrm (herelnafcer referred CD as "FIRM'' with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at Its own expense during the llfe of the Connet. Insurance of the types and In the minimum amounts staled below as wlU proleet the FIRM, from dalms whkh may arise out of or resuk from die comract or the performance of die c:ontracc whh die City of Soudl MlamL whether such dalm Is aplnst the FIRM or any sub-connaor, or by arl)'Ofte dlrecdy or lndirealy employed by any of them or by anyone for whose aces any of them may be Hable. B. No Insurance required ~ the CITY shall Iba Issued or written by a surplus Ones carrier unless authorized In writing by the CITY and such aulhorlzatlon shall be at the CITV's sale and absolute dlscref;lon. The FIRM shall purchase Insurance from and shall maintain the Insurance wlda a company or companies lawfully authorized to seU Insurance In the Siate of Florida. on fon115 approved by die State of Florida. as will pro18Ct.the FIRM. at a minimum, from all claims as set fonh below which may arise out of or result from che FIRM's o.peradons under che Concract and for which the FIRM may be legally liable. whether such operations ba by the FIRM or by a Subcontractor or by an,one dlrecdy or indirecdy employed ~ any of them. or tiy anyone for whose am 1111)' of them may be liable: (a) dalms under workers' compensation. dlsablllty benefit and other slrnilar employee benefit acts which are appDcable .to che Work to be performed; (b) claims for damages because of bodily injury, occupational slckness or disease. or deach of the FIRM's employees: (c) dalms for damages because of bodily lnjwy, sickness or disease, or death of any person other 1:han the FIRM's employees: (cl) claims for damages Insured by usual personal ln)ul')' ltablhtJ coverage: (e) claims for damages. other than to the Work hself, because of injury to or destruction of tangible property, Including loss of use resuldng there from; (t) clalms for damages because of bodily Injury, death of a penon or property dama,18 arlsln1 out of ownership. maintenance or use of a motor vehlde; (&) dalms for bodily lnJul')' or property damage arising out of completed operadons; and (h) dalms Involving comractUal llablliq insunnce appftcable to the FIRH's obllgadons under die Contract. 1.011 flan's Insurance GenerallJ, The FIRM shall provide and mainaln In force and effect until all the Work CD be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specffled hereinafter), the Insurance coverage written on Florida approved fonns and as set forth below: 1.012 Wqrlrsrs" CmnplQBtipn Insurance at the ataeutory amount as to all employees in compliance with die "Workers' Compensation Law" of die State of Florida lndudlna Chapter 440, Florida Stau,r.es. _as presently written or hereafter amended. and aU applicable federal laws. Page60of66 Tbomatf.Pepe 11113'2016 145 35 39 In addldon. the policies must lndude: Employers• Liability at the statutory coverage amount. The FIRM shaO funher Insure that all of Ju Subcontraccors maintain appropriate levels of Worker's Compensation Insurance. U .0 r 3 . Commercial Comprehensiv,e General Uab!Ugy Insurance wlch broad form endorsement, as well as aummoblle liability, completed operations and produces babllity, contractt1al liablllq,. severabllltf oflmerest wtth cross Dablllty provision. and personal lnJury and property damage ltablllty with limllS of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, lndudl~ 0 Personal lnlury: $1,000,000; 0 Medical Insurance: $5,000 per person: 0 Property Dmmage: $500.000 each occurrence; 1.014 Umbrella Cqmmerdal Compu:ebmslve General Uablll1¥ Insurance shall be written on a Florida approved form with the same coverage as the primary Insurance poflcy but In the amount of $1,000,000 per dalm and $2,000,000 Annual Aggregate. Coverage must be affordad on a form no mora resaicdve man dte lateSt edition of the Comprehensive General Umblllty policy, without restrictive endorsements, as ftled by the Insurance Services Office. and must Include: (a) Premises andl Operation (b) Independent Contractors (c) Produces and/or Completed Operations Huard (d) Explosion. CoDapse and Underground Hazard Coverage (e) Broad fonn Property Damage (f) Broad Form Comractual Coverage appllcable to this specific Contract. Including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage witnl Employee and Contracwal &cluslans removed, wi1h minimum hmta of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.015 Business AuromgbHe UabH,W with minimum limits of One Mllllon Dollars ($1,000,000.00) plus an additional One MIiiion Dollar ($1,000,000.00) umbrella per occurrence combined single hmit for Bodily Injury Uabllity and Property Damage Llablllty. Umbrella coverage must be afforded on a form no more restrictive than the lateSt edition of die Business Automobile Uablflty policy, wkhout restrictive endorsements, as flied by with the state of Florida, and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS; The FIRM agrees that if any part of the Work under the Contract Is sublet. che subcontract shaD contain the same Insurance provision as required by of the Firm, other than the Fire and &tended Coverage Insurance and substituting the word Subcontractor for die word FIRM and substitudng the word FIRM for CITY where appRcable. 1.017 Rre and Exreoded Cqyenge Insurance (BuHders' Risk). IE APPLICABLE: C. In die event that this contract involves che constrUctlon of a struccure. the FIRM shall malnmln. with an Insurance Company or Insurance Companies acceptable to the CITY. 11Broad1t form/All Risk Insurance on bulldlngs and st:rUCtUres. lndudlng Vandalism & Mafidous Mischief coveraae, while In the course of construction. Including fauncfadons, addldons. auachments and aO permanent fbculres belonglng to and consdcullng a pare of Page61 of66 Thomas,. Pepe IOIIJl1016 148 36 40 said bulfdlngs or structures. The policy or polides shall also cover machinery, If the cost of machinery Is included In the Contract. or If the machinery Is located In a bulldlng that Is being renovated by reason of dtls connci. The amount of Insurance must. at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall b2 In -the name of the CITY and the Firm, as their Interest may appear, and shall also cover the interests of aU Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous secdon herein below shall apply to this coverage unless It would be dearly not applicable. 1.01 a MIKeQaneous; F. If any notice of canceffadon of Insurance cw change In coverage Is Issued by the Insurance company or should any Insurance have an expiration date that wlll occur during the period of this contract, the FIRM shall be responsible for securing other acceptable Insurance prior to such cancelladon, change. or explradon so as to provide comhwous coverage as specified In this section and so as to maintain coverage during the fife of chis Connet. G. An deductlbles must D,e declared by the FIRM and must be approved by the CITY. At the option of the CITY, elcher the ARM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, In a form smtlsfactory tc the CITY covering che same. H. The policies shall contain wmnrer of subropdon aplnst CITY where appllcabJe, shall expressly provide that such pollty or polldes are primary over any other coDectfbte Insurance that CITY may have. The CITY reserves che right at any time to request a copy of the required polldes for review. All pollcles shall contain a "SiWerabitlf¥ of interest'' or "cross flablllty'' dause without obligation for premium payment of the CITY as well as contractual llabllity prolrislon covering the FIRM'S duty to indemnify the City as provided In dtls Agreement. I. Befora starting the Work, the FIRM shaU deliver to die CITY certfflcates of such Insurance, acceptable to the CITY, as well as the Insurance binder, if one Is Issued, che Insurance policy, Including the declaration page and all apphcable endorsements and provide the name. address and telephone number of the Insurance a,ent or broker through whom the pollcy was obtained. The Insurer shall be rated A VII or better per AM. Best's Key Rating Gulde, latest edition andl authorized to Issue Insurance In the State of Florida. All Insurance policies must be written on forms approved by the Stltie of Florida and they must remain In full force and effect for die duration of die contract period with the CITY. The FIRM may be required by the CITY, at Its sole discretion, to provide a "certlfled copy' of the Policy (as defined In Artide I of this document) which shall lndude dte declaration page and all required endorsements. In addldon, the FIRM shall.dellver, at the time of delivery of the Insurance certificate, the following endorsements: (3) a policy provision or an endorsement wi1h substantially similar provisions as follows: TbomaF.Pep IOJIJl2016 ''The City of South Miami is an additional Insured. The Insurer shall pay all sums that che City of South Miami becomes legally obflpted to pay as damages because of 'bodily Injury'', •property damage' • or "penonal and advertising lnJury' and It will provide to the City all of cha coverage that ls typically provided under the standard Rorida approved forms for commercial general tiablhty coverage A and coverage B": Page62of66 147 37 41 (4) a pollcy provision or an endonernent wldl subnandally similar provisions u follows: rrrhls poftcy lhall not be cancelled ~ncludlng cancelladon for non-payment of premium). l8fflllnlled or materially modified wldlout first &Mna die Cit)' of Soudl Miami ten (10) clap advanced written notice of the lnat to materially modify the policy or to cancel or ll8rffllnate the poftq for any reason. The II01fflcadon shall be dellvered to die City by cenlfted mall with proof of delivery to the C19." J. If the FIRM la provtdfna professional services. such as would be provided by an ardtllllCt. enatneer, auomay, or accoumant, to name a few, d'len In such event and In addhion to the above requlremems. lhe FIRM shaJI also provide Professlonal Uablllty lmurance on a Rortda approved form In the amount of $1,000,000 with deducdble per clalm If 1111)', not to exceed 5" of the limit of liablfh¥ provldlna for all sums which lhe FIRM shall become legally obl1pted to pay as damages for claims arising out of the seAlces or wort performed by the FIRM its agents. representadvas. Sub Connctors or asstans. or by any person employed or reialnecl by him In connecdon with this Aareanent-This Insurance shall be malmalned for four years afcer completion of the constn1c:don and acceptance of any Project covered by this A&reement. However, the FIRM may purchue Speclftc ProJect Professional Uabllky Insurance. In the amount and under the wms spedfted above. which Is also ac:ceptable. No Insurance shall be issued by a surplu Bnes carrier unless authorized In writing by the dty at the dt.y's sole. absolute and unfeaared discretion. IBDGl!em111lfk:adolll lllequDrsment G. The Finn acceptS and volu~ly lncun all risks of any Injuries. damages, or harm which mf&ht arise durir11 die work or event chat Is occurrtna on die CITV's proper11 due to die negligence or other fault of the Rrm or anyone acq through or on behalf of die Firm. H. The Finn shaft Indemnify, defend. save and hold CITY, its officers. affiliates, employees, successors and asslps, harmless from any and aO damaps, dalms. liabtllty, losses. claims. demands. suks, fines. tud&fflems or con and expenses. lndudlng reasonable auomey's fees. paralegal fees and Investigative coats Incidental there to and Incurred prior to, during or foDowtna any lltigadon. mediation. arbitration and at aD appellate levels. which may be sufered by, or accrued against. charged to or recoverable from che City of Soudl 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 peno!' or penons and for the loss or damap to any property arising out of a negl)gent error, omission, misconduct. or any gross negligence. intentional act or hannful conduct of che Finn. Its cantractor/subconlll'ICfOr or any of dlelr officers. directon. agems. representatives. employees, or asstps. or anyone acting chrough or on behalf of any of them. arising out of dlls Agreement. lnddent r.o It. or resulting from the per(ormance or non-performance of die Arm's obbpdons under this AGREEMENT. I. The Firm shall pay all claims. losses and expenses of any kind or nature whatsoever. In connection therewith, includinJ the expense or loss of the CITY and/or Its affected Page63of66 Yllomm F, Pepe IO/IIIIOl6 148 38 42 officers, afliDateS. employees. successors and assfgns. lncludJng lhelr attorney's fees. In che defense of any action In law or equity broqht aplnst them and artstn, from the negtlgent error, omission. or act of the Arm, Its Sub-Contractor or any of their agents, represemadVes. employees. or asstps. and/or armlna out of. or lnddent to. mis Aaremnent. or Incident t;O or resultlna from die perfonnance or non-performance of the Finn's obDptions under this AGREa1ENT. J. The Ann qrees and recoplzes that neither the CITY nor Its officers, affiliates. employees, successors and assigns shall be held bable or responsible far any dalms, including lhe costs and expenses of defending such dalms which may result from or arise out of actions or omissions of cha Firm. Its contractorlsubcomractor or any of lhetr agents, represenradves, employees. or assigns, or anyone acdna through or on behalf of the chem. and arising out of or concerning the work or event dlat ls occuning on the CITV's property. In reviewing. approving or re)ecdng any submissions or acts of die firm. CITY In no way assumes or shares responslbllity or Uablhty for the acts or . amlsslons of the Firm. Its conll"ICCOr/subcontraaor or any of lhelr agents. representatives. employees. or aulps. or anyone zct1111 throuah or on behalf~ chem. K. The Finn has the duty co provide a defense with an attorney or law ftnn approved by die Ch:r of South Miami. which approval wlll not be unreasonably widlheld. L However, as to desian professional contracts, and pursuant to Secdon 725.08 (I). Florida Smutes. none of the provisions set forth herein above that are In confllct wlch chis subparqraph shall apply and this subpanaraph shall sec fonh lhe sole raponslbllky of cha design profasslonal concerning lndemniftc:adan. Thus, the design professlonal's oblf.pdons as to the Chf and Its agencies. as well as to ks officers and employees. ls to Indemnify and hold them harmless from llabllldes, damages. losses. and cosa, lncludlni, but not limited to, reasonable momeys• fees. to the extent caused by the negbgence, reddessness, or Intentionally wrongful conduct of die design professional and other persons employed or udlized by the desip professional In the perfonnanca of the contract. ThGffllllF.ll'epe IOIIJl1016 THIS IS INCWDED IN THE GENERAL CONDITIONS END OF SECTION Paga64of66 149 39