Res No 137-22-15890RESOLUTION NO.: 137-22-15890
A Resolution authorizing the City Manager to execute a professional service work order
to Stantec Consulting Services, Inc., for Drainage Improvements on SW 63rd Ave from
SW 69th St to SW 70th St.
WHEREAS, the City Mayor and Comm ission wish to provide drainage improvements on SW 63rd
Ave from SW 69th St to SW 70th St; and
WHEREAS, this project was approved by Commission in the Capital Improvement Work Program;
and
WHEREAS, Stantec Consulting Services Inc., is one of four firms selected by Resolution No. 056-
22-15890, to provide professional service agreement for engineering services on as needed basis in
accordance with Florida Statute 287 .0 55, "Consultants Competitive Negotiation Act"; and
WHEREAS, Stantec Consulting Services Inc., submitted a revised proposa l for professional
engineering services; and
WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and
WHEREAS, the amount of $25,390 was found to be comprehensive and cost effective in its des ign
approach; and
WHEREAS, the Mayor and City Commission desire to aut h o rize the City Manager to execute a
professiona l service work order with Stantec Consulting Services Inc., for the development of constructio n
documents for drainage improvements on SW 63rd Ave from SW 69th St to SW 70th St for a total amount
not to exceed $25,390.
WHEREAS, the expenditure shal l be charged to the American Rescue Plan Act Fund account
number 121-1730-541-6210 which has a balance of $5,263,483.26 prior to this request.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full he re in.
Section 2. The City Manager is hereby authorized to execute a professional service work order
w ith Stantec Consulting Services In c., for the developm ent of drain age improve m ents on SW 63rd Ave
from SW 69th St to SW 70th St for a total amount not to exceed $25,390. The expenditu r e is to be charged
to the American Rescue Plan Act Fund account number 121-1730-541-6210 which has a balance of
$5,263,483.26 prior to this request.
Section 3. Corrections. Conforming langua ge or technical scrivener-type correctio ns m ay be
mad e by the City Attorney for any conformin g amendments to be in co rp o rat ed into the fin al r eso lution
for signature.
Page 1 of 2
Res. No. 137-22 -15890
Section 4 : Severability. If any section, clause, sentence, or ph r ase of th is reso l ution is fo r any
reason h eld i nva li d o r u nco n stitut io n al by a co u rt of competent juri sdiction, the hold ing sh all not affect
t h e valid ity of the re m aining porti o n s of this reso l ution.
Section 5: Effective Da t e : Th i s resolution shall become effective immediately upon adoption.
PASS ED AN D ADOP TED t h is 18th day o f Octobe r , 2022.
ATT ES T:
c,~~p
APPROVED: OP /J' # LJ, ~r /MAYOR , tl
REA D AND APPROV ED AS TO FORM, COMMISSION VOTE : 5-0
LA NGUAGE , LEGA LI TY AND ECUTION Mayor Ph ili ps: Yea
Co m m i ss i o n er Harris: Yea
Commiss i o n er Gil: Yea
Commiss i oner Liebman: Yea
Cir Commissioner Corey: Yea
Page 2 of 2
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: October 18, 2022
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to execute a professional service work order to Stantec Consulting
Services, Inc., for Drainage Improvements on SW 63rd Ave from SW 69th St to SW 70th St. 3/5 (City
Manager-Public Works & Engineering Dept.)
Suggested Action:
Attachments:
Memo CCNA Stantec for drain 63av btwn69-70st.docx
Reso CCNA Stantec for drain 63av btwn69-70sts.docx
Res No 056-22-15809.pdf
SW 63 Ave - & SW 60 to 70 st St Drainage Improvements.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:October 18, 2022
SUBJECT:A Resolution authorizing the City Manager to execute a professional service work order
to Stantec Consulting Services, Inc., for Drainage Improvements on SW 63
rd Ave from
SW 69th St to SW 70th St.
BACKGROUND:The roadway segment along SW 63rd Avenue between SW 69th Street and SW 70th Street
is experiencing localized flooding during rainstorm events due to improper drainage in
the area. To address the localized ponding, StantecConsulting ServicesInc., will design
and develop construction plans to provide new drainage system based on the 5-year 1-
hour storm event, swale re-grading, mill and resurface the roadway and provide re-
striping of pavement markings as required. Drainage Plans will be submitted to
RER/DERM for drainage review.
As the next City’s rotation list consultant, Stantec Consulting Services Inc., was
requested to provide a proposal for drainage improvements. On June17, 2022,Stantec
Consulting Services Inc., submitted a revised proposal for drainage improvements that
is comprehensive and cost effective for the services requested.
Stantec Consulting Services Inc., is one of four firms selected by Resolution No. 056-22-
15809, to provide professional service agreement for engineering services on as needed
basis in accordance with Florida Statute 287.055, “Consultants Competitive Negotiation
Act.
AMOUNT:Amount not to exceed $ 25,390. Please refer to the consultant contract and fee
schedule.
FUND &ACCOUNT:The expenditure shall be charged $25,390 to the American Rescue Plan Act Fund
account number 121-1730-541-6210 whichhas a balance of $5,263,483.26 prior to this
request.
ATTACHMENTS:Resolution
Resolution #056-22-15809
Stantec Consulting Services Inc., proposal dated June 17, 2022
2
5
RESOLUTION NO.: 056-22-15809
A Resolution authorizing the City Manager negotiate and execute a Professional Service
Agreement provided under Florida Statute 287.055 Consultant's Competitive
Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec
Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and
Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis.
WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering
and architectural services on an as needed basis and on a rotation basis ; and
WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation
Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide
various professional and general engineering and architectural services, on a rotational and as needed
basis; and
WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is
recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of
the process required by the CCNA; and
WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and
Stantec Consulting Services Inc., at 2.33; and
WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending
six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service
agreement; and
WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and
execute the professional service agreements.
WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years
and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year
renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5)
consecutive years. The expenditures related this contract will be charged to the Capital Improvements
Program Accounts on an as needed basis.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is hereby authorized to negotiate and execute a non-exclusive multi-
year contract with the firms selected for professional surveying, studies, engineering, and architectural
services for construction projects in accordance with Section 287 .055, "Consultants Competitive
Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years
and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of
Page 1 of 2
6
Res. No. 056-22-15809
a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds
that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures
rela t ed these contracts will be charged to the Capital Improvements Program Accounts.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the final resolution
for signature.
Section 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any
reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect
the validity of the remaining portions of this resolution.
Section 5: Effective Date: This resolution shal l become effective immediately upon adoption.
PASSED AND ADOPTED this 3 rd day of May, 2022.
READ AND APPROV ED AS TO FORM,
LANGUAGE, LEGALITY, AND EXECUTION
Page 2 of 2
APPROVED:
COMMISSION VOTE:
Mayor Philips:
5-0
Yea
Commissioner Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman : Yea
Commiss i oner Corey: Yea
Stantec Consulting Services Inc.
901 Ponce de Leon Boulevard Suite 900, Coral Gables FL 33134-3070
June 17, 2022
File: 215681119
Attention: Mr. Aurelio Carmenates, P.E.
Capital Improvements Project Manager
City of South Miami
Public Works Engineering & Construction Division
4795 SW 75th Avenue
Miami, FL 33155
Main: (305) 403-2063
Dear Mr. Carmenates,
Reference: Drainage Improvements on SW 63 Ave from SW 69 St to SW 70 St
Scope of Project:
We are pleased to present this proposal for professional engineering services for your consideration. The
City of South Miami would like to improve the drainage on SW 63 Avenue between SW 69 Street and SW
70 Street. The City has received complaints of water flooding at the above location. See attached aerial for
project limits.
Scope of Services:
Design Phase
Our scope will consist of obtaining a topographic and boundary survey and a percolation test for use in our
design. We will conduct a field assessment of existing conditions including a photo record. Utility
coordination will be performed. Our design will consist of new drainage based on the 5-year 1-hour storm
event. Stantec will provide milling and resurfacing plans, drainage, swale grading and limited pavement
marking plans. We anticipate submittals of 90% and 100% plans to the City for review. We will also compile
quantities and an estimate of probable cost with each submittal. Specifications will be provided on the plans
and not in CSI format.
Permitting Phase
Our services include assistance and coordination to have the plans reviewed and approved by Miami-Dade
DERM for the drainage. Permitting/review fees can be charged to the allowance task and billed to the City
at cost.
Procurement Assistance
During this phase Stantec will be available for Assistance as requested by the City (limited to 8 hours).
7
June 17, 2022
Mr. Aurelio Carmenates, P.E.
Page 2 of 3
Reference: Drainage Improvements on SW 63 Ave from SW 69 St to SW 70 St
Post Design Services Phase
Not included, but a proposal can be provided if needed.
Exclusions:
Traffic studies, traffic counts, electrical design, color renderings, certified arborist services, asphalt cores,
landscaping, tree removal permit, irrigation or lighting are not included in our scope.
Terms and Conditions:
All terms and conditions shall be per our Professional Service Agreement for Professional General
Engineering and Architectural Services as authorized by Resolution 060-17-14861. Our fees shall be as
follows:
1. Design Phase (Lump Sum……………………….………….…...$19,190.00
2. Permitting Phase (Lump Sum) ……………………..…..……....$ 4,340.00
3. Procurement Assistance (Lump Sum) …………....……..…....$ 1,360.00
4. Permit Fee Allowance (If needed).………………………….......$ 500.00
TOTAL: $25,390.00
We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to
you, we will accept a signed copy of this form as your written authorization to proceed with the assignment.
Regards,
Stantec Consulting Services Inc.
Sean Compel, P.E., LEED AP, ENV SP
Principal
Phone: 305 445 2900 x 2230
sean.compel@stantec.com
8
June 17, 2022
Mr. Aurelio Carmenates, P.E.
Page 3 of 3
Reference: Drainage Improvements on SW 63 Ave from SW 69 St to SW 70 St
By signing this proposal, City of South Miami authorizes Stantec to proceed with the services herein
described.
This proposal is accepted and agreed on the Day day of Month, 2022
Per:
Print Name & Title Signature
Attachment: Attachment
c. C.C.
cs document4
V:\2156\business_development\215681119 City of South Miami\SW 69 St & SW 63 Ave Drainage Imp\Revised proposal\SW 63 Ave - & SW 60 to 70 st St Drainage
Improvements.docx
9
Stantec Consulting Services Inc.Fee Worksheet - Page 1
DATE:June 2, 2022
PROJECT:City of South Miami
SW 69 St and SW 63 Ave Drainage Improvements
Design Phase Principal
Senior Project
Manager
Senior
Engineer
Engineer
Intern
Senior CAD
Tech Clerical
Project coordination & file setup 1 2 2
Utility as builts coordination 1 6
Site visit and photo log 1 1
Cover sheet, Key Sheet & notes 2 2 2
Drainage Design 8 12 16
Grading (including Swale) 8 8 16
Limited Pavement Marking 2 2 4
Typical Sections & Details 1 6 6
Quantities & Cost Estimate 1 3 1
Sub-Total Hours 0 25 0 42 47 0
Billing Rate 210.00$ 190.00$ 160.00$ 97.50$ 110.00$ 58.50$
Labor Cost $0 $4,750 $0 $4,095 $5,170 $0
$14,015
$1,675
$3,500
$19,190
Permitting Phase Principal
Senior Project
Manager
Senior
Engineer
Engineer
Intern
Senior CAD
Tech Clerical
Provide Plans Miami-Dade County DERM 2 2
Comments and revisions (2 Submittals)6 8 8
Plans resubmittal 2 6
Sub-Total Hours 0 10 0 16 8 0
Billing Rate 210.00$ 190.00$ 160.00$ 97.50$ 110.00$ 58.50$
Labor Cost $0 $1,900 $0 $1,560 $880 $0
$4,340
Project Procurement Phase Principal
Senior Project
Manager
Senior
Engineer
Engineer
Intern
Senior CAD
Tech
Construction
Inspector
Assistance with Procurement 8
Sub-Total Hours 0 8 0 0 0 0
Billing Rate 210.00$ 170.00$ 160.00$ 97.50$ 110.00$ 97.50$
Labor Cost $0 $1,360 $0 $0 $0 $0
$1,360
$500
Total Fee:$25,390
Permitting Phase Total:
Permit Allowance:
Project Procurement Phase Total:
FEE WORKSHEET
Design Sub-Total:
Survey:
Design Phase Total:
Geotechnical:
10
SW 63 Ave Drainage
From SW 69 St to SW 70 St
Legend
200 ft
N➤➤N
11
L O N G I T U D E SURVEYORS
LONGITUDE SURVEYORS 7769 NW 48 Street ▪ Suite 375 ▪ Doral, FL 33166 ▪ Ph: 305.463.0912 ▪ Fax: 305.513.5680
Wednesday, June 15, 2022 VIA EMAIL: carlos.herdocia@stantec.com
SW 63 AVENUE DRAINAGE IMPROVEMENTS
Mr. Carlos M. Herdocia, PE, LEED AP
Project Manager
901 Ponce de Leon Boulevard, Suite 900
Coral Gables, FL 33134
786.502.0701
RE: Surveying and Mapping services for SW 63 Avenue, South Miami, FL
Dear Mr. Herdocia,
Pursuant to your request regarding a fee estimate for Surveying and Mapping services for the
above-referenced project, LONGITUDE SURVEYORS, LLC (LS) is pleased to submit the following proposal for your
consideration.
A. Scope of Work – Topographic Survey:
Longitude will show rights-of-way computing field evidence, plats, deeds, and other documentation relative to
the project. All lot lines and ownership lines within the survey limits will be shown graphically.
LS will establish horizontal and vertical control within the limits of the survey.
Elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29).
Longitude will collect all the following aboveground improvements; pavement, sidewalks, curb and gutters,
driveways, medians, round-about, hedges and general limits of shrubbery, mailboxes, trees, palms, fences, signs,
poles, aboveground structures and utilities, overhead lines, etc.
A Tree Survey will not be performed.
Elevations will be collected equivalent to a twenty-five (25) foot grid throughout the survey limits.
B. Survey Limits:
Along SW 63 Avenue between SW 69 Street and SW 70 Street from right of way to right of way being in South Miami,
FL 33143, as per the attached Exhibit provided by the Client.
C. Deliverables:
LS will provide a digitally signed PDF and a CAD file of the resulting survey. Signed and sealed hardcopies can be
provided upon request.
D. Time of Completion:
Longitude has estimated fifteen (15) business days from Notice to Proceed (NTP) to complete this task. Notice to
Proceed (NTP) is considered effective twenty-four (24) hours after this proposal is signed and sent back to the
undersigned.
E. Fee:
The total professional fee to complete the Scope of Work shall be a lump sum of $3,500.00.
I understand and agree by signing below “I APPROVE AND ACCEPT” this proposal as a legal binding contract.
By: Date:
(Authorized Signature)
Title:
(Typed or printed name)
On behalf of the firm, I thank you for the opportunity to present this proposal. We look forward to utilizing our best
professional efforts on your behalf on this very important project.
Respectfully Yours,
Eduardo M. Suarez, PSM/President
12
SW 63 Ave Dranage
From SW 69 St to SW 70 St
Legend
200 ft
N➤➤N
13
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
May 24, 2022
Stantec
Attn: Mr. Carlos Herdocia
901 Ponce De Leon Boulevard, Suite 900
Coral Gables, FL 33134
Phone: 305.445.2900/ Cell: 786.502.0701/ Email: carlos.herdocia@stantec.com
Re: Proposal/Agreement for Geotechnical Exploration Services
SW 69th Street & SW 63rd Avenue Drainage Improvements
City of South Miami, FL
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 May 23, 2022, 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 one usual type open-hole exfiltration test in general accordance with South Florida
Water Management District (SFWMD) specifications to a depth of 15 feet. At the completion of the on-site
work, we will provide a brief report describing the testing proce dures 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.
FEE SCHEDULE
The above indicated scope of work will be performed for an estimated cost of $1,675.00 based on the
following rates and quantities:
Technician site visit, utility clearance Lump Sum $200.00
Mobilization of equipment/ crew 1 @ $400.00 $400.00
SFWMD exfiltration test Lump Sum $800.00
Project Engineer Lump Sum $225.00
Clerical/ Administration Lump Sum $50.00
14
Stantec
SW 69th St & SW 63rd Ave Drainage Improv exfil
City of South Miami, FL
Page 2 of 3
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
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 report 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 propos al. We look forward to working with you on
this and future projects.
Respectfully submitted,
NUTTING ENGINEERS OF FLORIDA, INC.
Scott Ersland Richard C. Wohlfarth, P.E.
Division Manager 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: __________________________________________________ SW 69th St & SW 63rd Ave Drainage Improv Stantec City of South Miami Exfil Miami 5-24-22
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.
Delivery – Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Additional report copies can be provided for a nominal
fee to the Client. NE will exercise appropriate measures to ensure project completion within a reasonable time frame subject to existing workloads. However, NE will not be held responsible
for unavailability of necessary project data and site access within the time frame agreed upon for the investigation. Project delivery may be delayed if the ENTIRE signed proposal and deposit
are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information. This unsigned proposal is valid for 60 days.
Payment – No deposit required with signed agreement. 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.
15
Stantec
SW 69th St & SW 63rd Ave Drainage Improv exfil
City of South Miami, FL
Page 3 of 3
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
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-of-entry on the property for NE to make the planned borings, surveys, and/or explorations. NE will not be responsible for
removing fences, earth berms, vegetation or other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to the property caused by its
equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to
restore the property to its former condition, NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide NE with proper
access to conduct its work.
Damage to Existing 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 Limitation of Liability - NE shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the
standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is
promptly notified 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.
Sampling or Testing Location - Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or
the accurate horizontal and vertical locations of tests. Field tests or boring 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 of the current project. Other parties are not authorized to use or rely upon NE’S reports unless NE so states in
writing. NE - General Contract Terms and Conditions May 2017
cc: Connie Gworek – Business Development Associate
SW 69th St & SW 63rd Ave Drainage Improv Stantec City of South Miami Exfil Miami 5-24-22
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SW 63 Ave Drainage
From SW 69 St to SW 70 St
Legend
200 ft
N➤➤N
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