HomeMy Public PortalAbout19-9627 Piggybacke for Pro Services Agreement with 300 Engineering for Citywide Verification Sponsored by: City Manager
RESOLUTION NO. 19-9627
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PIGGYBACK ON THE CITY OF CORAL GABLES PROFESSIONAL
SERVICES AGREEMENT (RFQ 2015.09.44) WITH 300
ENGINEERING, P.A., FOR CITYWIDE VERIFICATION AND
UPDATES OF THE HORIZONTAL AND IMPERVIOUS AREA FOR
STORMWATER UTILITY FEES IN AN AMOUNT NOT TO EXCEED
$80,688.00, IN A FORM THAT IS ACCEPTABLE TO THE CITY
ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") a citywide verification of horizontal
impervious area for storm water utility fees; and
WHEREAS, the City of Coral Gables entered into Contract No.: RFQ 2015.09.44 with
300 Engineering, P.A., to provide basic environmental and engineering design services
through June 8, 2020; and
WHEREAS, the City Commission fords that it is in the best interest of the City to
piggyback on the City of Coral Gables agreement with 300 Engineering, P.A. so it can benefit
from already negotiated rates and enter into an agreement for citywide verification of horizontal
impervious area for storm water utility fees service.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby authorizes the City Manager to
piggyback on the City of Coral Gables agreement with 300 Engineering, P.A., so it can
benefit from already negotiated rates and enter into an agreement for citywide verification
of horizontal impervious area for storm water utility fees service in an amount not to
exceed $80,688.00, and in a form that is acceptable to the City Attorney.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 13th day of March, 2019.
i4il►
Mayor Matthew A. Pigatt
Attest to: Approved as to form and legal sufficiency:
Jo.Li a Flores THE BROWN LAW GROUP, LLC
Cit Clerk City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: COMMISSIONER BASS
Commissioner Vote: 5-0
Commissioner Burke: YES
Commissioner Kelley: YES
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
o
c
City of Opa-Locka
Agenda Cover Memo
Department Airia Austin Department —As ofit
Director: Director Signature:
City Manager: Newall Daughtrey CM Signature:
Commission 03.13.2019 Item Type: Resolution _Ordinance Other
Meeting Date: X
_ (EnterXin box)
Fiscal Impact: Ordinance Reading: 1n Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
$80,688.00 X Public Hearing: Yes No Yes No
(EnterXin box) g x
Funding Source: (Enter Fund Advertising Requirement: _ Yes No
Account# &Dept) (EnterXin box) X
Ex:
43-538340
Contract/P.O. Yes No RFP/RFQ/Bid#: RFP#
Required: X Piggyback Contract
(EnterXin box)
Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Related X Enhance Organizational I. (list the specific objective/strategy this
(EnterXin box) Bus.&Economic Dev D item will address)
Public Safety
Quality of Education D
Qual.of Life&City Image
Communication D
Sponsor Name City Manager Department: City Manager
Short Title:
Citywide Verification of Horizontal Impervious Area for Stormwater Utility Fees
Staff Summary:
City-wide Verification of Horizontal Impervious Area for Stormwater Utility Fees—300 Engineering Group
The intent of this item is to have 300 Engineering Group (300 Engineering) performing city-wide verification and
updates of the horizontal impervious areas assigned to the developed residential and non-residential parcels within
the City's boundaries.This updated information will solve inconsistencies in the current records and will be used by
the City for the collection of stormwater utility fees,which are calculated based on the fraction of impervious area
per parcel. The City is constantly challenged by residents and business owners on the accuracy of utility fee billing
resulting from estimated horizontal impervious areas.
Proposed Action:
Staff recommends approval of this piggyback active contract from The City intends to piggyback on the Professional
Service Agreement (PSA) RFQ 2015.09.44 between the City of Coral Gables and 300 Engineering. The PSA for RFQ
2015.09.44 is to provide basic environmental and engineering design services through June 8, 2020.
The City owns and maintains a City-wide stormwater management system that includes: canals, swales, storm
sewer pipes and exfiltration systems. In accordance with the provisions of section 403.0893(1), Florida Statutes,
and article IV, chapter 24 of the Code of Miami-Dade County,the City has adopted a stormwater utility fee which is
used to plan, construct, operate and maintain stormwater management systems
Through the approval of this item, 300 Engineering will provide the City with professional services for the
verification an provision of an updated database of the City's fraction of impervious area per developed parcel,that
will be used to optimize the collection of stormwater utility fees and secure a budget for the implementation of a
Stormwater Management Program,for planning,construction,operation and maintenance of the City's stormwater
infrastructure.
Attachment:
1. Agenda
2. 300 Engineering Group, P.A. Proposal
3. Active contract with the City of Coral Gables.
CITY OF OPA-LOCKA
City-wide Verification of Horizontal Impervious Area for
Stormwater Utility Fees
SCOPE OF WORK
February 25, 2019
Prepared for:
CITY OF OPA-LOCKA
a i
J j
4;1' •Xy
r hi?R. 'bQ'.
Prepared by:
300 Engineering Group, P.A.
3850 Bird Road, Suite 601
Miami, Florida 33146
3C
Table of Contents
INTRODUCTION 2
DESCRIPTION OF SERVICES 2
1 Desktop Investigation of Horizontal Impervious Areas 3
2 Field Verification 3
3 Database Update 3
SCHEDULE 4
INVOICING 4
COMPENSATION 4
ASSUMPTIONS 4
1 3CC
CITY OF OPA-LOCKA
City-wide Verification of Horizontal Impervious Area for Stormwater
Utility Fees
SCOPE OF WORK
INTRODUCTION
The City of Coral Gables entered into a Professional Services Agreement with 300 Engineering
Group, P.A. (300 Engineering) to provide basic environmental and engineering design services
(RFQ 2015.09.04) through June 8, 2020. The City of Opa-Locka (City) intends to piggy back
into this contract to secure the services from 300 Engineering described in the Scope of Work
herein.
The City owns and maintains a City-wide stormwater management system that includes:
canals, swales, storm sewer pipes and exfiltration systems. In accordance with the provisions of
section 403.0893(1), Florida Statutes, and article IV, chapter 24 of the Code of Miami-Dade
County, the City has adopted a stormwater utility fee which is used to plan, construct, operate
and maintain stormwater management systems.
The City collects stormwater utility fees upon residential and nonresidential developed property
within its boundaries. These fees are calculated based on the fraction of impervious area on
a parcel. For residential parcels, the utility fee is calculated by multiplying the rate for one
(1) Equivalent residential unit (ERU) by the number of dwelling units on the parcel. For
nonresidential parcels, the fee is calculated by multiplying the rate for one (1) ERU by a factor
derived by dividing the actual impervious area of the particular nonresidential developed
property by the square footage base equivalent established for one (1) ERU, which
corresponds to 1,548 sq.ft of impervious area.
The City has identified inconsistencies in the fraction of impervious areas assigned to
parcels thorough the City and has requested 300 Engineering Group, P.A. (300 Engineering) to
perform a verification an update of the fraction of impervious area to be used to calculate the
stormwater utility fees.
DESCRIPTION OF SERVICES
300 Engineering is hereby presenting a scope of services to provide the City of Opa-Locka with
City-wide Verification of Horizontal Impervious Area for Stormwater Utility Fees. 300
Engineering intends to undertake this task on a Time and Materials effort with staff as
requested and approved by the City.
City-wide Verification of Horizontal Impervious Area for Stormwater Utility Fees Services
have been divided into the following tasks:
Task Description
1 Desktop Investigation of Horizontal Impervious Areas
2 Field Verification
2 3CC
3 Database Updates
1 Desktop Investigation of Horizontal Impervious Areas
300 Engineering will perform a desktop investigation of the residential and nonresidential
properties within the City's boundary. For each parcel, 300 Engineering will estimate: total lot
area, impervious area, impervious fraction, and corresponding ERU. The following sources of
information will be used for the desktop verification:
• Miami-Dade County Property Appraiser
• Miami-Dade County Official Records— Plat Book
• Florida Department of Transportation (FDOT)Aerial Photography(0.25 ft/pixel)
• Miami-Dade County Official Records—Aerial Photography
For the purpose of this study, 300 Engineering will apply the definition of impervious area indicated
in the City of Opa-Locka — Code of Ordinances, Chapter 21 Water, Sewer and Stormwater
Utilities, Article IV Stormwater Utility, Sec. 21-193, which states: "impervious area shall mean a
division of the horizontal ground surface which is incapable of being penetrated by rainwater. This
shall include, but not be limited to, all structures, roof extensions, slabs, patios, porches,
driveways, sidewalks, parking areas, swimming pools, athletic courts and decks."
An estimation of the residential and nonresidential built area for the City of Opa-Locka is
presented below.
Built Area
Type
(sq.ft)
Residential 5,075,377
To
c Commercial 1,560,436
a, Industrial 8,692,494
z Community Facilities 1,335,841
Source: Miami-Dade County Property Appraiser
2 Field Verification
300 Engineering will conduct field verification, as needed, of those properties that present
discrepancies in the records, as identified during the desktop investigation. Field verifications will
consist of drive-throughs to verify property address, state of development, type of development
(residential or nonresidential), and to estimate percentage of impervious area, when needed. 300
Engineering will not enter private property as part of this scope of work.
3 Database Update
300 Engineering will update the City of Opa-Locka's properties database (based on the Miami-
Dade County property appraiser data) to include: impervious area, impervious fraction and
corresponding ERU, obtained from the Desktop Investigation of Horizontal Impervious Areas and
Field Verification tasks. 300 Engineering will submit an Excel spreadsheet and a GIS shapefile
with the following data:
• Property address
3
• Property type (residential or nonresidential)
• Lot size
• Impervious area
• Percentage of impervious area
• ERU
• Development status (vacant or developed)
• Date modified
• Comments
Deliverables
300 Engineering will provide the City of Opa-Locka with the following deliverables for this project:
• City of Opa-Locka's properties database, Excel format.
• City of Opa-Locka's properties GIS shapefile.
SCHEDULE
The Project Schedule is approximately three (3) months from NTP.
INVOICING
Invoicing will be monthly as per the Professional Services Agreement between the City of Coral
Gables and 300 Engineering pursuant to RFQ 2015.09.04 to which the City of Opa-Locka
intends to piggy back to. The City of Opa-Locka shall pay 300 Engineering invoices within
30 days of invoice submittal.
COMPENSATION
The services described herein will be performed on a "Time and/or Material"fee basis as per the
Professional Services Agreement between the City of Coral Gables and 300
Engineering pursuant to RFQ 2015.09.04 to which the City of Opa-Locka intends to piggy back
to. ODCs are to be paid as presented and approved. An estimated fee schedule is presented
in Appendix A.
ASSUMPTIONS
This Scope of Services is based on the following assumptions:
• The tasks presented in this scope of work are ongoing efforts and may not be completed
with the estimated number of hours presented herein.
• 300 Engineering will not perform surveying services under this scope of work.
• Identification of utilities is not included as part of this scope of work.
• 300 Engineering will not enter private property under this scope of work.
• 300 Engineering will apply the definitions of ERU and impervious area found in the City of
Opa-Locka — Code of Ordinances, Chapter 21 Water, Sewer and Stormwater Utilities,
Article IV Stormwater Utility, Sec. 21-193.
• 300 Engineering will not calculate stormwater utility fees under this scope of work.
• This project will be completed in accordance to the terms and conditions of the
Professional Services Agreement between the City of Coral Gables and 300 Engineering
pursuant to RFQ 2015.09.04.
4
• In consideration of this Project, unrestricted access to data and information sources is
made available to the 300 Engineering. 300 Engineering shall comply fully with all security
procedures, and shall not divulge to third parties all confidential Data Information obtained
from the City of Opa-Locka during performing consulting services, including, but not limited
to, security procedures, business operations information or proprietary information in the
possession of the City of Opa-Locka. 300 Engineering shall not be required to keep
confidential information or material that is publicly available through no fault of 300
Engineering, material that the 300 Engineering developed independently without relying
on the State's or Customer's confidential information, or material that is otherwise
obtainable under State Law as a public record.
5 3M
CITY OF OPA-LOCKA
City-wide Verification of Horizontal Impervious Area for Stormwater Utility Fees
FEE SCHEDULE
Appendix A
eudgd
Operations
Project Mager Support/CAD Engineer TedrnkGI Tab.]Hours Labor Subtotal
Manager
Technician
Rate,6/Hr $176.00 $176.00 $126.00 $66.00
Task
1 Dsskbrp Inrnggrfon of Horizontal Impervious Ness 48 0 80 604 732 $58,392.00 $58,392.00
2 Field WOG:Mon 16 40 8 40 104 $13,504.00 $13,504.00
3 OabFbw UpdaW 16 _ 0 16 _ 60 92 $8,792.00 _ $8,792.00
Total(Hours) 00 40 104 704 928
Sub-Total Labor Fee $80,880.00 $90,888.00
ODC.(Mileage,Reproduction l Relmbursabl.)
Sub-Total Labor FWOOC $80,808.00
Tabd Project Cod(Labor/00C) $00,809.00
%Utilisation 8.02% 4.31% 11.21% 75.86% 100.00%
Total(8) 914,080.00 07,040.00 $13,104.00 $46,464.00 030,606.00 $80,888.00
Page 1 02/25119
PROFESSIONAL SERVICES AGREEMENT
S PROFESSIONAL SERVICES AGREEMENT is made as of this Cith day of
U V1 . , 2016, between the City of Coral Gables (hereinafter called the City"), and
300 Engineering Group, P.A. (hereinafter called the "Professional").
RECITALS
WHEREAS, City desires to enter into an agreement with the Professional to
provide basic environmental and engineering design services to the City; and
WHEREAS, the City having investigated the qualifications of the Professional to
perform the services herein contemplated and found those qualifications satisfactory; and
WHEREAS, the Professional having examined the scope of the services required
hereunder and having expressed desire and willingness to provide such services and
having presented qualifications to the City in support of those expressed desires;and
WHEREAS,the Professional agrees to accept this Agreement upon the terms and
conditions hereinafter set forth;and
NOW, THEREFORE, in consideration of the promises and the mutual
covenants herein contained, the City agrees to retain the Professional to provide
architectural design services to the City.
I. GENERAL PROVISIONS
This Agreement incorporates and supersedes all previous agreements,written and
oral, and all prior and contemporaneous communications between the parties, regarding
this subject. The City reserves the right to initiate change to any provision of this
Agreement. All such changes shall be accomplished only by mutually signed
Amendments.
The Professional shall perform the services as specifically stated in the Scope of
Services, which is attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the City.
The professional shall perform the services as specifically stated in the Scope of
Services, which is attached hereto and incorporated herein as Exhibit A, and as may be
specifically designed and authorized by the City.
1.1 Engagement. The City agrees to engage the Professional for a period
specified in paragraph 1.2, and the Professional agrees to accept such engagement and to
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 1 of 17
perform such services for the City upon the terms, and subject to the conditions set forth
herein.
1.2 Agreement Period. The terms of the Agreement (the "Professional
Period") shall commence within ten (10)days of the execution date of the agreement and
shall continue thereafter for a period not to exceed Two (2) year or until terminated by
the City upon 30 days written notice to the Professional, in accordance with the notice
requirements contained in Section XIII. However, this period may be extended at the
sole discretion of the City for One(1)additional,Two(2)years period.
1.3 Duties and Responsibilities/Priority of Interpretation. The Code and any
City resolutions take precedence over this agreement and its exhibits. This document
without exhibits is referred to as the "Base Agreement." In the event of any conflict or
inconsistency in the definition or interpretation of any word, responsibility, schedule, or
the contents or description of any task, deliverable, service, or other work, or otherwise,
between the Base Agreement and the exhibits, such conflict or inconsistency shall be
resolved by giving precedence first to the body of this Base Agreement and then to the
exhibits according to the following priority:
a) Professional's Response to RFQ—Exhibit B
b) City Resolution and applicable Code provisions;
c) City Request for Qualifications(RFQ)—Exhibit A
d) Cost Summary/Pricing Schedule--Exhibit C
e) Insurance Certificates
f) Professional 's Exceptions to Terms and Conditions
1.3.1 The City shall be responsible for the following:
1. Assigning a City Project Manager to be the point of contact for the
professional.
2. Establishing the budget and priority of the scope of work for each
assignment.
3. Providing the professional all relevant information testing or data
or providing for a means to the professional to procure the required
data to complete the scope of services.
4. Provide direction and authorization to proceed so that the scope of
service can be complete in a timely manner.
1.4 Driver's License. At City's option, the Professional must provide a valid
Florida Driver's License or appropriate commercial driver's license for each employee.
agent or subconsultant and be willing and able to operate any required vehicles as
authorized by the City. Evidence of compliance with the Defensive Driving Course must
be submitted to the City prior to operating a City vehicle or any vehicle where patrons or
children are passengers. Individuals must be approved by the Risk Management Division
of the City prior to the operation of a City owned vehicle and/or privately owned vehicles
while conducting City business. The City reserves the right to request the
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 2 of 17
employee/agent's driving record from the State of Florida,at Professional's (contractor's)
expense.
1.5 Confidential Information. The Professional agrees that any information
received by the Professional for the City and in providing services in accordance with this
Agreement which is not publicly available, shall not be revealed to any other persons,
firm or organizations.
1.6 Most Favored Public Entity. The Professional represents that the prices
charged to City in this Agreement do not exceed existing prices to other customers for the
same or substantially similar items or services for comparable quantities under similar
terms and conditions. if Professional's prices decline, or should Professional, at any
time during the term of this Agreement,provide the same goods or services to any other
customer at prices below those set forth herein, then such lower prices shall be
immediately extended to the City.
II. PROFESSIONAL SERVICES
2.1 Basic Services.The duties and responsibilities are outlined in Section 1.3.
2.2 Reporting. The Professional shall comply with the necessary reporting
requirements as outlined by the Director or designee for review. In addition, the
Professional shall submit a monthly report to the Director or designee, which shall
include detailed information regarding the activities of the Professional during the
previous month.
2.3 Availability of Professional. The Professional shall make all documents
available 24 hours a day, 7 days a week, 365 days a year, in order to satisfy the City's
emergency demands for continued,non-interrupted service.
III. COMPENSATION
3.1 Basic Compensation. In full consideration of the services of the Professional
hereunder, the Professional shall be paid at a rate stipulated for each of the services
described on the RFQ pricing schedule( Exhibit C),attached The City reserves the right
to contract with the Professional for additional services. The Consultant agrees to
negotiate a "Not to Exceed" fixed sum fee for each work order based on the Scope of
Work. Work assigned under this continuing contract will not exceed $2,000,000 for
construction or$200,000 for a study pursuant to Florida Statute 287.055, the Consultants
Competitive Negotiation Act".
3.2 Expenses. As part of,and in addition to the basic compensation described in
this Agreement, the City shall provide the Professional with no additional compensation
for any services performed in fulfilling the requirements of this Agreement. All
additional requested expenses must be pre-approved through the Director or designee.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 3 of 17
IV.INDEPENDENT CONTRACTOR AND PROFESSIONAL
HOLD HARMLESS PROVISIONS
4.1 Independent Contractor and Professional. The Professional acknowledges
entering into this Agreement as an independent Contractor and Professional,and that the
Professional shall therefore be responsible for the deposit and payment of any Federal
Income Taxes,FICA, Unemployment Taxes or any similar fees or taxes that become due,
and shall be responsible for the collection and payment of all withholdings,contributions
and payroll taxes relating to Professional's services, or those of employees of the
Professional. The City shall not withhold from sums payable to the Professional, any
amount whatsoever for Federal Income Taxes, FICA, Unemployment Insurance Taxes or
any similar fees or taxes. The Professional, their employees or agents, will not be
considered an employee of the City or entitled to participate in plans, distributions,
arrangements or other benefits extended to City employees.
4.2 Agency. Nothing herein shall imply or shall be deemed to imply an agency
relationship between the City and Professional.
4.2.1 Professional warrants that it fully complies with all Federal statutes and
regulations regarding the employment of undocumented workers and others and that all
employees performing work under this Agreement meet the citizenship or immigration
status requirements set forth in Federal statutes and regulations. Professional shall
indemnify, defend, and hold harmless City, its officers and employees from and against
any sanctions and any other liability which may be assessed against Professional or City
in connection with any alleged violation of any Federal statutes or regulations pertaining
to the eligibility for employment of any persons performing work hereunder.
4.2.2 The employees and agents of each party,shall while on the premises of the
other party, comply with all rules and regulations of the premises, including, but not
limited to,security requirements.
4.2.3 Indemnification and Hold Harmless. To the fullest extent permitted by
laws and regulations, the professional shall defend , indemnify , and hold harmless the
City, its' elected and appointed officials, attorneys, administrators, consultants, agents,
and employees from liabilities, damages, losses and costs, including , but not limited to
reasonable attorney fees,to the extent caused by negligence,recklessness,or intentionally
wrongful conduct of the design professional and other persons employed or utilized by
the design professional in the performance of the contract, any of them may be deemed
liable ,by court competent. Any failure of Professional to comply with the terms of this
provision shall be deemed a material breach of this Agreement and may subject
Professional to debarment from consideration for future award of city contracts pursuant
to Section 2-952(4)of the City of Coral Gables Code of Ordinances. This provision shall
survive termination of the Agreement. Pursuant to section 558.0035(1)(c) of Florida
Statutes, an individual employee of Firm , or any of its subconsultants may not be held
liable for negligence.
City of Coral Gables
Professional Service Agreement
Environmental Engineering Consultant Page 4 of 17
4.2.4 Moreover, nothing in this Indemnification and Hold Harmless provision
shall be considered to increase or otherwise waive any limits of liability, or to waive any
immunity,established by Florida Statutes,case law,or any other source of law.
V.INSURANCE
5.1 Pursuant to the City of Coral Gables Code, Section 2-1007, the Risk
Management Division of the Human Resources Department has developed the following
insurance requirements to protect the City of Coral Gables to the maximum extent
feasible against any and all claims that could significantly affect the ability of the City to
continue to fulfill it obligations and responsibilities to the taxpayers and the public.
Consequently, prior to commencing work,the Professional shall procure,and provide the
City with evidence of insurance coverage as required herein and name the City as an
Additional Insured on a primary and non-contributory basis. The Professional shall
secure and maintain, at its own expense, and keep in effect during the full period of the
contract a policy or policies of insurance, and must submit these documents to the Risk
Management Division of Human Resources Department for review and approval.
5.2 Insurer Requirements. The Professional shall maintain, at its own cost and
expense, the following types and amounts of insurance with insurers with rating of"A-"
"VI" or better according to the A.M. Best rating guide as a minimum standard. The
insurers providing coverage must be approved by the State of Florida and hold all of the
required licenses in good standing to conduct business within the State of Florida. In
addition,they must be acceptable to the City of Coral Gables Risk Management Division
and/or the City Attorney's Office.
5.3 Type of Coverage&Limit of LiabilityRequirement.
Workers' Compensation and Employers Liability Insurance
covering all employees, sub consultants, and/or volunteers of the
Professional and/or Vendor engaged in the performance of the scope of
work associated with this contract and/or agreement. The minimum limits
of liability shall be in accordance with applicable state and/or federal laws
that may apply to Workers' Compensation insurance, with the following
limits:
Workers'Compensation-Coverage A
Statutory Limits(State of Florida or Federal Act)
Employers' Liability-Coverage B
$1,000,000 Limit-Each Accident
$1,000,000 Limit-Disease each Employee
$1,000,000 Limit-Disease Policy Limit
Commercial General Liability Insurance written on an occurrence basis
including,but not limited to;Coverage for contractual liability,products
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 5 of 17
and completed operations,personal&advertising injury,bodily injury
and property damage liabilities with limits of liability no less than:
Each Occurrence Limit-$1,000,000
Fire Damage Limit(Damage to rented premises)-$100,000
Personal&Advertising Injury Limit-$1,000,000
General Aggregate Limit-$2,000,000
Products&Completed Operations Aggregate Limit-$2,000,000
Business Automobile Liability Insurance covering all owned,non-
owned and hired vehicles used in connection with the performance of
work under this Contract,with a combined single limit of liability for
bodily injury and property damage of not less than:
Combined Single Limit(Each Accident)-$1,000,000
Any Auto(Symbol 1)
Hired Autos(Symbol 8)
Non-Owned Autos(Symbol 9)
Professional Liability Insurance with a limit of liability no less than
$1,000,000 per claim with a deductible per claim, if any,not to exceed 5%
of the limit of liability providing for all sums which the Professional shall
become legally obligated to pay as damages for claims arising out of the
services performed by the Professional or any person employed,
consultant and/or sub consultant in connection with this Agreement.This
insurance shall be maintained for three(3)years after any work covered
by this Agreement.
5.4 Minimum Coverage Form(Shall Be At Least As Broad As):
Workers Compensation
The standard form approved by the State of Jurisdiction
Commercial General Liability
ISO (Insurance Services Office, Inc.) Commercial General
Liability coverage ("occurrence" Form CG 0001) or its
equivalent. "Claims made" form is unacceptable except for
professional or environmental liability coverage.
Commercial Auto Liability
ISO(Insurance Services Office, Inc.)Commercial Auto Liability
coverage(form CA 0001)or its equivalent.
5.5 Required Endorsements.
In addition to being stated on the Certificate of Insurance,the
following endorsements with City approved language
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 6 of 17
Additional insured status provided on a primary&non-contributory
basis(except for Workers Compensation Insurance and Professional
Liability Insurance)
Waiver of Subrogation for all required insurance coverages.
Notices of Cancellation/Non-renewal/Material Changes on any
required insurance coverage must be sent directly to the City of
Coral Gables by the Insurance Company. The City only requires
the same statutory notice that an insurance company must provide
to the insured, however this Notice may not be less than Thirty
(30) Days, except a Ten (10) Day Notice of cancellation is
acceptable for non-payment of premium.
Notices of Cancellation,Non-renewal or Material Change
must be provided to the following address:
CITY OF CORAL GABLES
INSURANCE COMPLIANCE
P.O.BOX 12010-CE
HEMET,CA 92546-8010
All policies shall contain a"severability of interest"or"cross liability"
clause without obligation for premium payment of the City.
5.6 How To Evidence Coverage To The City.
The following documents must be provided to the City;
A Certificate of Insurance containing the following information:
Issued to entity contracting with the City
Evidencing the appropriate Coverage
Evidencing the required Limits of Liability required
Evidencing that coverage is currently in force
Language provided in the Special Provision Section of the
Certificate of Insurance affirming that all endorsements
required by the City have been endorsed to all of the
polices.
A copy of each endorsement that is required by the City
All Certificates of Insurance must be signed by a person authorized
by that insurer to bind or amend coverage on its behalf
The City reserves the right to require a complete copy of any
insurance policies required by the City. Should the City invoke this
right, the policy must be provided directly to the City by the
insurance agent or insurance company.
The city reserves the right to require additional insurance requirements
at any time during the course of the agreement.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 7 of 17
5.7 Waiver of Insurance Requirements. Should a bidder not be able to comply
with any insurance requirement, for any reason,the bidder must write a letter to
the Risk Management Division on their letter head requesting that a waiver of a
specific insurance requirement be granted. The requested waiver will be
evaluated by the Risk Management Division. The Risk Management Division
will approve or reject the requested waiver of insurance and will forward the
waiver to the City Attorney's Office for further evaluation.
PROFESSIONAL is encouraged to review their individual insurance needs with their
insurance agents/brokers regularly to determine the adequacy of the coverage and the
limits of liability that are being purchased. In certain circumstances, the City of Coral
Gables will require additional insurance to respond to the hold harmless and
indemnification clauses executed with the City of Coral Gables. Based on the nature of
the work performed, the City of Coral Gables will determine what additional types of
insurance and/or higher limits of liability that must be obtained.
All insurance documents evidencing insurance to City of Coral Gables — insurance
Compliance should be sent via email to citvofcoralaables(aebix.com and copy to
druizna,coralgables.com. Should you require assistance, contact the dedicated Call
Service Lines for City of Coral Gables:
Call Service Lines- Insurance Compliance
Phone: (951)652-2883.
Fax: (770)325-0417
Email: citvofcoralgabieseebix.com
When submitting Professional,Contractor and/or Vendor evidence of
insurance to the City of Coral Gables,the Certificate Holder section of the
Certificate of Insurance should read as follows:
City of Coral Gables
Insurance Compliance
PO Box 12010—CE
Hemet,CA 92546-8010
VI.SOVEREIGN IMMUNITY
6.1 The Professional acknowledges that the Florida Doctrine of Sovereign Immunity
bars all claims by Professional against the City other than claims arising out of this
Agreement. Specifically,the Professional acknowledges that it cannot and will not assert
any claims against the City, unless the claim is based upon a breach by the City of this
Agreement. The Professional acknowledges that this Agreement in no way estops or
affects the CITY's exercise of its regulatory authority. In addition, the CITY retains the
full extent of its sovereign immunity in relation to the exercise of its regulatory authority.
The PROFESSIONAL acknowledges that it has no right and will not make claim based
upon any of the following:
City of Coral Gables
Environmental Professional Service Agreement
Engineering Consultant
Page 8 of 17
a. Claims based upon any alleged breach by the CITY of implied warranties or
representations not specifically set forth in this Agreement, as the parties
stipulate that there are no such implied warranties or representations of the
CITY.All obligations of the CITY are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City,its commissioners,
attorneys,administrators,consultants,agents, or any CITY employee;
d. Claims based upon an alleged waiver of any of the terms of this Agreement
unless such waiver is in writing and signed by an authorized representative for
the CITY and PROFESSIONAL.
VII.STANDARD OF CARE
7.1 The Professional shall exercise the same degree of care, skill, and diligence
in the performance of the services as is ordinarily provided by a comparable professional
under similar circumstances and the Professional shall, at no additional cost to the City,
re-perform services which fail to satisfy the foregoing standard of care.
7.2 The Professional services shall be performed by skilled and competent
personnel duly registered to perform them.
VIII.NON-DISCRIMINATION
8.1 EEO and ADA: The Professional must be and remain in compliance with all
local,state and federal Equal Employment Opportunity(EEO) and American Disabilities
Act(ADA)requirements.
8.2 It is understood that the Professional shall not discriminate against any
employee in the performance of the contract with respect to hire, tenure, terms,
conditions or privileges of employment,or any other matter directly or indirectly related
to employment because of age,marital status,race,color,religion,national origin,sex,or
disability.
8.3 City Policy Regarding Conduct. All contractors, their employees, agents
and subcontractors must abide by the City's policies regarding conduct. Discrimination,
harassment, and/or violations of City policies will not be tolerated and are grounds for
termination of the Agreement without harm to the City or its employees.
IX.CONFLICT OF INTEREST
9.1 The Professional represents that it has provided a list of all current clients
subject to the jurisdiction of the City. Any potential or actual conflict between private
interests and responsibilities under this Agreement shall be immediately disclosed to the
City.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 9 of 17
X. CONFIDENTIALITY
10.1 Subject to the requirements of Chapter 119 of the Florida Statutes, no
reports, information, computer programs, documentation, and/or data given to or
prepared or assembled by the Professional under this Agreement shall be made available
to any individual or organization by the Professional without prior written approval of the
City.
XI.OWNERSHIP OF DOCUMENTS
11.1 Any and all documents, records, disks, or other information shall become
the property of the City for its use and/or distribution as may be deemed appropriate by
the City.
XII.TRUTH-IN-NEGOTIATION CERTIFICATE
12.1 Execution of this Agreement by the Professional shall act as the execution
of a truth-in-negotiation certificate certifying that the wage rates and costs used to
determine the compensation provided for in this Agreement are accurate, complete, and
current as of the date of the Agreement.
12.2 The said rates and costs shall be adjusted to exclude any significant sums
should the City determine that the rates and costs were increased due to inaccurate,
incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to
outside consultants. The City shall exercise its rights under this"Certificate" within one
(1)year following payment.
XIII.NOTICE
13.1 Any notice, request, instruction or other document required or permitted
to be given hereunder by either party hereto to the other shall be in writing,and
delivered personally, or sent by certified or registered mail, postage prepaid,
return receipt requested, to the address set forth for such party at the bottom of
this Agreement. Any notice so given shall be deemed received when
personally delivered or three (3) business days after mailing. Any party may
change the address to which notices are to be sent by giving notice of such
change of address to the other party in the manner herein provided for giving
notice. Notice as to the City of Coral Gables shall be to:
City Manager
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
cc: City Attorney
City of Coral Gables Professional Service
Envirorwnenlat Engineering Consultant Agreement
Page 10 of 17
Notice as to the Professional shall be to: 300 Engineering Group, P.A
3850 Bird Road Suite#601
Miami,FL 33146
XIV.DEFAULT AND TERMINATION
14.1 The City may terminate this Agreement for convenience at any time by
providing thirty(30)days written notice to the Professional. If the professional is found
by the City to fail in the performance of their duties as stipulated in this agreement,The
City will provide a written notice to the professional stating the deficiencies the
professional will have thirty(30)days to cure the deficiency after which the City will
proceed to termination if said deficiencies have not be corrected.In the event of a
termination for cause,due to the Professional's failure to perform in accordance with the
terms of this Agreement or the Professional's repudiation of this Agreement by word or
conduct.The City may immediately terminate the Agreement if after the 30 day cure
period the professional has not corrected the deficiency and the Professional shall be paid
any sums otherwise due and owing under this Agreement only after City has completed
the work called for by this Agreement with other forces,and has deducted the cost of
such work,and any other damages payable to City,from any contract balance otherwise
due and owing to the Professional under this Agreement. In the event of a termination for
convenience,the Professional shall be paid for all services performed through the date of
termination,based on the percentage of services completed(subject to applicable setoff
rights)and the Professional shall not be entitled to any other compensation or damages
from the City. If,after notice of termination for cause, it is determined for any reason that
Professional was not in default,the rights and obligations of the City and the Professional
shall be the same as though the termination had been a termination for convenience. In no
event shall the City be liable to Professional for lost profits on any work not performed,
overhead,or any other type of consequential,special or indirect damages,and
Professional hereby waives the same.Professional may terminate this Agreement due to
the City's failure to comply with the material terms of this Agreement after giving City
thirty(30)days written notice of its purported default and a reasonable opportunity to
cure. Upon termination of this Agreement,all schematics,designs, plans,specifications,
documents,records,disks,or other information(including electronic copies)produced or
developed by Professional or subconsultants,whether finished or not,shall become City
property. Failure to timely deliver the documentation shall be cause to withhold any
payments due,without recourse by the Professional,until all documentation is delivered
to the City.
XV.UNCONTROLLABLE FORCES
15.1 Neither the City nor Professional shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming
party could not avoid. The term "Uncontrollable Forces" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes,but is not limited to,fire,flood,earthquake, storm, lighting, epidemic, war,riot,
civil disturbance,sabotage,and governmental action.
City of Coal Gables Professional Service Agreement
Environmental Engineering Consultant Page 11 of 17
15.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces which are preventable, removable, or remediable, and
which the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
XVI. MODIFICATION
16.1 This Agreement may not be amended or modified unless in writing and
signed by both parties.
XVII.ASSIGNMENT AND SUBCONTRACTING
17.1 This Agreement and the rights of the Professional and obligations
hereunder may not be assigned,delegated or subcontracted by the Professional
without the express prior written consent of the City. Any assignment,
delegation or subcontract without such express prior written consent shall be
null and void and shall constitute a material breach of this Agreement, upon
which the City may immediately terminate the Agreement in accordance with
the provisions of paragraph 13.1 (Termination by Default). The City may
assign its rights,together with its obligations hereunder.
XVIII. AUDITS
18.1 The Professional shall maintain accurate and complete financial records of
its activities and operations relating to this Agreement in accordance with generally
accepted accounting principles. Professional shall maintain adequate records to justify all
charges and costs incurred in performing the services for at least three (3) years after
completion of this Agreement. Professional shall also maintain accurate and complete
employment and other records relating to its performance of this Agreement. Professional
agrees that City, or its authorized representatives, shall have access to and the right to
examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records
relating to this Agreement. All financial records, timecards and other employment
records, and proprietary data and information shall be kept and maintained by
Professional and made available to the City during the terms of this Agreement and for a
period of three(3)years thereafter unless City's written permission is given to dispose of
any such material prior to such time. All such materials shall be maintained by
Professional at a location in Miami-Dade County, Florida, provided that if any such
material is located outside Miami-Dade County, then, at City's option Professional shall
pay City for travel,per diem, and other costs incurred by City to examine, audit, excerpt,
copy or transcribe such material at such other location.The City shall have access to such
books,records,and documents as required in this section for the purpose of inspection or
audit during normal working business hours at the Professional's place of business.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 12 of 17
In the event that an audit is conducted by Professional specifically regarding this
Agreement by any Federal or State auditor, or by any auditor or accountant employed by
Professional,then Professional shall file a copy of the audit report with the City's Auditor
within thirty (30) days of ProfessionaI's receipt thereof, unless otherwise provided by
applicable Federal or State law. City shall make a reasonable effort to maintain the
confidentiality of such audit report(s).
Failure on the part of Professional to comply with the provisions of this Paragraph
18.1 shall constitute a material breach upon which the City may terminate or suspend this
Agreement.
18.2 City Audit Settlements. If, at any time during or after the term of this
Agreement, representatives of the City conduct an audit of Professional regarding the
work performed under this Agreement,and if such audit finds that City's dollar liability
for any such work is less than payments made by City to Professional,then the difference
shall be either repaid by Professional to City by cash payment upon demand or, at the
sole option of City, deducted from any amounts due to Professional from City. If such
audit finds that City's dollar liability for such work is more than the payments made by
City to Professional,then the difference shall be paid to Professional by cash payment.
XIX.AVAILABILITY OF FUNDS
19.1 The obligations of the City under this Agreement are subject to the
availability of funds lawfully appropriated for its purpose by the City Commission.
XX.COMPLIANCE WITH LAWS
20.1 In performance of the services, the Professional will comply with
applicable regulatory requirements, including federal, state, special district, and local
laws, rules, regulations, orders, codes, criteria, and standards. It shall be the
responsibility of the Professional to obtain and maintain, at no cost to the City, any and
all license and permits required to complete the services provided pursuant to this
Agreement.
20.2 Conflict of Interest. Professional covenants that no person employed by
the Professional which exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests direct or indirect with the City.
Professional further covenants that, in the performance of this Agreement, no person
having a conflicting interest shall be employed. Any such interests on the part of
Professional or its employees must be disclosed in writing to City.
20.3 Professional is aware of the conflict of interest code of the City of Coral
Gables, the Conflict of Interest and Code of Ethics of Miami-Dade County, Florida,
Section 2-11.1 et seq.,and the Ethics Laws of the State of Florida,and agrees that it shall
fully comply in all respects with the terms of said laws.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 13 of 17
XXI.FEDERAL AND STATE TAXES
21.1 The City is exempt from Federal Tax and State Sales and Use Taxes.
Upon request, the City will provide an exemption certificate to the Professional. The
Professional shall not be exempted from paying sales tax to its suppliers for materials to
fulfill the contractual obligations with the City,nor shall the Professional be authorized to
use the City's Tax Exemption Number in securing such materials.
XXII.SUCCESSORS AND ASSIGNS
22.1 The City and the Professional each binds itself and its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to its partners,
successors, executors, administrators, assigns, and legal representatives. The
Professional shall not assign this Agreement without the express written approval of the
City via executed amendment.
XXIII.CONTINGENT FEES
23.1 The Professional warrants that it has not employed or retained any
company or person,other than a bona fide employee working solely for the Professional,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for the Professional, any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
XXIV.ENTIRETY OF AGREEMENT
24.1 The City and the Professional agree that this Agreement sets forth the
entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. This Agreement supersedes all
prior agreements, contracts, proposals, representations, negotiations, letters, or
other communications between the City and the Professional pertaining to the
services, whether written or oral. None of the provisions, terms, and
conditions contained in this Agreement may be added to, modified,superseded,
or otherwise altered, except by written instrument executed by the parties
hereto.
The following documents are made an integral part of this Agreement:
A. Insurance Certificates;
XXV. COUNTERPARTS
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant
Page 14 of 17
25.1 This Agreement may be executed simultaneously in several counterparts,
each of which will be an original, but all of which together will constitute one
and the same instrument.
XXVI.WAIVER
26.1 A waiver by either the City or the Professional of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver is in
writing. in the event of a written waiver, such a waiver shall not affect the
waiving party's rights with respect to any other or further breach. The making
or acceptance of a payment by either party with knowledge of the existence of
a default or breach shall not operate or be construed to operate as a waiver of
any subsequent default or breach.
XXVII. SEVERABILITY,SURVIVAL
27.1 If any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this
Agreement shall nevertheless be binding upon the parties with the same effect
as though the void or unenforceable provision had been severed and deleted.
XXVIII. GOVERNING LAW AND VENUE
28.1 The laws of the State of Florida shall govern this Agreement. Any and all
legal action necessary to enforce the Agreement will be held in Miami-Dade County, and
the Agreement will be interpreted according to the laws of Florida.
28.2The invalidity, illegality,or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way effect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement, and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
28.3 The provisions of this section shall not prevent the entire
Agreement from being void should a provision,which is of the essence of the Agreement,
be determined to be void.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant Page 15 of 17
XXX.TIME IS OF THE ESSENCE
30.1 Time is of the Essence. If any anticipated or actual delays arise,
Professional shall immediately so notify the City. Regardless of notice if services or
deliveries are not made at the time agreed upon, the City may, at its sole discretion,
terminate this Agreement and proceed pursuant to Paragraph 13.1(Termination by
Default).
XXXI.HEADINGS
30.1 The headings contained in this Agreement are for reference purposes only
and shall not affect the meaning or interpretation of the Agreement.
XXXII. PUBLIC RECORDS
31.1 Records subject to the provisions of Public Records Law, Florida Statutes
Chapter 119,shall be kept and maintained in accordance with such Statute. Professional
acknowledges that records and books, not subject to exemption under Chapter 119, may
be disclosed and/or produced to third parties by the City in accordance with requests
submitted under Chapter 119 or court orders without penalty or reprisal to the City for
such disclosure and/or production. Professional also agrees to assert, in good faith, any
relevant exemptions provided for under Chapter 119 for records in its possession on
behalf of the City. Furthermore, Professional agrees to comply with the provisions
outlined in Section 119.0701 of the Florida Statutes, the requirements of which are
incorporated by reference herein.
XXXII. WAIVER OF TRIAL BY JURY
THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO EXHAUST ALL
ADMINISTRATIVE REMEDIES BEFORE FILING A LAWSUIT IN CIVIL COURT TO
RESOLVE THE DISPUTE. CITY AND PROFESSIONAL HEREBY KNOWINGLY,
IRREVOCABLY,VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR
COUNTERCLAIM BASED UPON THE CONTRACT DOCUMENTS, OR ARISING OUT OF,
UNDER, OR IN CONNECTION WITH, THE CONSTRUCTION OF THE WORK, OR ANY
COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR
WRITTEN),OR ACTIONS OF ANY PARTY.
City of Coral Gables Professional Service Agreement
Environmental Engineering Consultant
Page 16 of 17
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
year first above written.
r
Approved as to Insurance: AS TO CITY: ` 4.,,,,:f 1_g I la
_ ro2 ' y� C
Da d J.Ruiz Catherine Swaw•rtr Rivenbark
Risk Management Division City Manager
Approved by Department Head ; A is / VA
or head of negotiations team as to ,/
.-
-!otiated business terms l i ' `±ems
after J. -.!n'�n—"uw
A City Clerk
GI- Kephart ' -
Di , ,Public Works
APPROVED AS TO FORM
AND FFICIENCY
Approved as to compliance with
Applicable Procurement Requirements:
104114i111 A Alk
r r�
!r � �
eY
Michael P.Pounds,
Chief Procurement Officer
•• • .-• as to • - Appropriation:
0.6..;-..4. ',...
Diana M.Gam- • • nance Director 1 —ScAb jock-fa ,qW i 1c6 6.►Conk AO (9191 L 1■ aiR, A
ATTEST: _ AS TOP-• t • L
Ji��, .
Corporate Secretary Pre .•.=�E��!/�
300 Engineering Grou -.A
Print Name: �(L
Print Name: di'eavr r t.� o Y V
(SEAL)
(OR)
WITNE - S(2):
.. e GV'1
a
r-�, y
Print Na •ool • riV1( .,1 . -� I&.
City of Cored Gables Professional Service Agreement
Environmental Engineer1ng Consultant Page 17 of 17
RFO 2015.09.04 Environmental Enaineerine Consultant
EXHIBIT`C'
PRICING SCHEDULE
Upon agreement of a fee,the Director of Public Works or his/her designee,will issue a written
authorization to proceed to the Consultant,In the case of an emergency,the CITY reserves the
right to issue oral authorization to the CONSULTANT with the understanding that written
confirmation will follow immediately thereafter.The CITY reserves the right to contract with the
consultant for additional services.Any increase in the agreed upon amount shall be approved by
the Public Works director or designee,and shall be in accordance with applicable CITY and
State regulations.
The fees for professional services for each of the WORK shall be determined by one of the
following methods or a combination thereof,as mutually agreed upon by the CITY and the
Consultant.
Multiple of Direct Salary expense:The"Note to Exceed"fee may be based on multiple of21
times the salary rate,as determined from salaries reported to the Director of Internal Revenue,of
the personnel engaged directly on a project,such multiplied rate not to exceed$215.00 dollars
per hour by either principles or employees.
Fixed Sum(Lump Sum):The fee for a task or Scope of Work may be fixed sum as mutually
agreed upon by the CITY and the CONSULTANT.
Hourly Rate Fee:The CITY agrees to pay,and the consultant agrees to accept,for the services
rendered pursuant to this agreement.Fees in accordance with the following:
C ory Hourly Rates
• Principal $215.00
• Project Manager $176.00
• Senior Engineering(P.E) $160.00
• Project Engineering $126.00
• Environmental Specialist $125.00
• Construction Inspector $82.50
• CADD Technician $66.00
• Clerical $50.60
• Multip'er 2.7
I ,4 'tr�Eor l2. 16
f
,uthorized Signature/Title Date
Interdepartmental Cover Sheet
Department and Date of Origin: Finance/Procurement
Title of Document: Environmental and Engineering Design Services(RFQ 2015.09.04)
Executive Summary:
The purpose of this agreement is to enter into a contract with 300 Engineerin AECOM
technical services,CDM Smith,Inc.,Hazen &Sawyer(Environmental Consultants)that will assist
the City to provide environmental and engineering design services to the City.
Requested Action: Please execute one(1)of each contract.
Commission Authorization (i.e.Resolution number,Ordinance number):
FL Code of Ordinance Sec 287.055-Consultants Competitive Negotiation Act o
0.. :ari
Route to: Clerk "no
Awn
in
..o -o
r.
V7
at
A h# The City of Coral Gables
_G{1j 45.4 n
Procurement Division
2800 S W 72ND AVENUE
MIAMI, FLORIDA 33155
July 9,2018
300 Engineering Group,F.A.
Franklin Torrealba
3850 Bird Road,Suite 601
Miami,Florida 33146
RE: Professional Services Agreement, pursuant to Request for Qualifications (RFQ)
2015.09.44 for Environmental Engineering Consulting Services,entered into on June 9,2016
between the City of Coral Gables and 300 Engineering Group,P.A.
Dear Mr.Torrealba:
Pursuant to the referenced Professional Services Agreement 300 Engineering Group,P.A.
has performed in accordance with the requirements of our Agreement. Therefore, the City
of Coral Gables,Public Works Department is exercising the option to renew the Agreement
effective from June 9, 2018 through June 8, 2020. This renewal period shall be governed by
the specifications, pricing and the terms and conditions set forth per the above reference
Agreement.
Respectfully
Celeste S.Walker
Assistant Finance Director for Procurement
PHONE(305)460.5102 FAx(305)261-1601 procurementecoralgables corn
CITY OF CORAL GABLES, FL
FINANCE DEPARTMENT / PROCUREMENT DIVISION
405 Biltmore Way—Coral Gables, FL 33134
,. ' -
``�,, \\I\
IFt � s,. a
Ifµ i', , , _
i r',.\...i s �
.,.
REQUEST FOR QUALIFICATIONS
RFQ 2015.09.04
ENVIRONMENTAL ENGINEERING CONSULTANT
Submittal Deadline/ RFQ Opening: 2:00 p.m. Monday, October 05, 2015
RFQ 2015.09.04 Page 1 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
CITY OF CORAL GABLES, FL
2800 SW 72nd Avenue,Miami,FL 33155
Finance Department/Procurement Division
Tel:305-460-5115/Fax:305-261-1601
PROFESSIONAL'S ACKNOWLEDGEMENT
RFQ Title: Environmental Engineering Consultant Qualification Statements must be received prior to 2:00 p.m.,
Monday, October 05, 2015,and may not be withdrawn
for a period of up to 90 calendar days after opening. RFQ
RFQ No.2015.09.04 received by the date and time specified will be opened in the
Procurement Office located at 2800 SW 72nd Avenue,Miami,FL
A cone of silence is in effect with respect to this RFQ.The Cone of 33155. All proposals received after the specified date and time
Silence prohibits certain communication between potential vendors will be returned unopened.
and the City. For further information,please refer to the City Code Contact:Letrice Y Smith
Section 2-1059 of the City of Coral Gables Procurement Code. Title:Contract Specialist
Telephone:305-460-5121
Facsimile:305-261-1601
Email:lsmith d coralgables.com/contracts(&,coralgables.com
THIS FORM MUST BE COMPLETED AND SUBMITTED ALONG WITH THE COMPLETE PROPOSAL
PRIOR TO THE DATE AND THE TIME OF PROPOSAL OPENING.
Professional's Name: FEIN or SS Number:
Complete Mailing Address: Telephone No.:
Cellular No.:
Indicate type of organization below: Fax No.:
Corporation:_Partnership:_Individual:_Other:
Email:
Bid Bond/Security Bond(if applicable)
ATTENTION: FAILURE TO SIGN (PREFERABLY IN BLUE INK)OR COMPLETE ALL RFQ
SUBMITTAL FORMS, INSURANCE,ADDENDUM(S)ACKNOWLEDGEMENT AND ALL
PAGES OF THE RFQ DOCUMENT MAY RENDER YOUR RFQ NON-RESPONSIVE.
THE PROFESSIONAL CERTIFIES THAT THIS SUBMITTAL IS BASED UPON ALL CONDITIONS AS
LISTED IN THE RFQ DOCUMENTS AND THAT THE PROFESSIONAL HAS MADE NO CHANGES IN
THE RFQ DOCUMENT AS RECEIVED. THE PROFESSIONAL FURTHER AGREES IF THE RFQ IS
ACCEPTED, THE PROFESIONAL WILL EXECUTE AN APPROPRIATE AGREEMENT FOR THE
PURPOSE OF ESTABLISHING A FORMAL CONTRACTUAL RELATIONSHIP BETWEEN THE
PROFESSIONAL AND THE CITY OF CORAL GABLES FOR THE PERFORMANCE OF ALL
REQUIREMENTS TO WHICH THIS RFQ PERTAINS. FURTHER, BY CHECKING THE AGREE BOX
LISTED BELOW AND BY SIGNING BELOW PREFERABLY IN B_, E IN'c ALL RFQ PAGES ARE
ACKNOWLEDGED AND ACCEPTED AS WELL AS ANY SPECIAL INSTRUCTION SHEET(S) IF
APPLICABLE. I AM AUTHORIZED TO BIND PERFORMANCE OF THIS RFQ FOR THE ABOVE
PROFESSIONAL.
Agree (Please check box to acknowledge this solicitation)
Authorized Name and Signature Title Date
RFQ 2015.09.04 Page 2 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
CORAL GABLES, FL
City of Coral Gables,2800 SW 72nd Avenue,Miami,FL 33155
Finance Department/Procurement Division
Tel: 305-460-5102,Fax: 305-261-1601
PUBLIC NOTICE
Request for Qualifications (RFQ) No. 2015.09.04
The City of Coral Gables, pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act", is
seeking to contract for Professional Environmental Engineering Services for design/construction of general Sanitary
Sewer Projects,General Environmental Projects and General Stormwater Utility Projects.
The Request for Qualifications(RFQ) may be picked up at the Office of the Chief Procurement Officer,at a cost of
$15.00 for a digital copy(CD.pdf format). Payment in the form of cash,check or money order payable to the City
of Coral Gables is accepted. Request via email must include the project title and number, the company name,
address and contact information of the requestor and directed to contracts(dicoralgables.com.
A non-mandatory pre-qualifications conference will be held at: 2800 S.W 72 Avenue Miami, FL 33155 on
Tuesday September 15, 2015 at 10:00am
Any request for additional information or clarification must be received in writing no later than Monday,
September 21,2015 until 4:00 PM. Proposer should not reply on any representations, statements or explanations
other than those made in this RFQ or in any written addendum to this RFQ.
Qualification Statements submitted by mail or hand delivered should be sent to the City of Coral Gables, Office of
the Chief Procurement Officer, 2800 SW 72nd Avenue,Miami,Florida 33155.
Qualification Statements for RFQ No. 2015.09.04 will be received until 2:00 PM, Monday, October 05, 2015.
The City of Coral Gables will not accept, and will in no way be responsible for, any RFQ received after the
stipulated deadline. The responsibility for submitting RFQ before the stated time and date is solely the
responsibility of the firm.
Qualification Statements will be opened promptly thereafter. One (1) original RFQ , three (3) copies and One (1)
digital CD (PDF format) copy must be signed and submitted in a sealed envelope and clearly marked: Title:
Environmental Engineering Consultant—RFQ No.2015.09.04.
Certified minority business enterprises (as defined in Florida Statutes §287.0943 and §288.703) and other minority
or woman-owned enterprises are encouraged to respond to this solicitation.
RFQ Advertisement Friday, September 04,2015
Non-Mandatory Pre-Qualification Conference 10:00am,Tuesday,September 15,2015
Deadline for Written Questions 4:00 pm,Monday,September 21,2015
Deadline for Answers 4:00 pm,Monday,September 28,2015
Qualification Opening 2:00 pm, Monday, October 05,2015
Evaluation Committee Meeting TBD
Award of this solicitation will be made to the most responsive responsible qualified firm, within a reasonable time
after opening. However,the City reserves the right to consider other conditions,which may be in the best interests
of the City. The City reserves the right to cancel this solicitation at any time, reject any and/or all qualification
statements,and waive any technicalities,irregularities or any other minor variations.
RFQ 2015.09.04 Page 3 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
This Request for Qualifications is subject to the following Ordinances/Resolutions which may be found on the City
of Coral Gables Website: http://www.coralgables.com
Click on Government,City Department,Procurement,Procurement Links,Ordinance No.2009-53
• Cone of Silence—Sec.2-1059
• Code of Ethics—Sec.2-1055
• Conflict of Interest - Sec.2-677
• Debarment Proceedings—Sec.2-952
• Protest Procedures—Sec.2-950
Click on City Clerk,Lobbyist Registration,Applications and Forms
• Lobbyist Registration&Disclosure of Fees—Ordinance No.2006-11
Sincerely,
Michael P.Pounds,ICMA-CM,CPPO,CPPB
Chief Procurement Officer
RFQ 2015.09.04 Page 4 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
CONE OF SILENCE
Request for Qualifications (RFQ) No. 2015.09.04
NOTICE TO ALL BIDDERS AND PROPOSERS
Definition:
Any communication regarding a particular request for proposals(RFP),request for qualifications(RFQ),Invitation
for bids (IFB) or any other advertised solicitation between a potential offeror, vendor, service provider, bidder,
lobbyist,or consultant and city department heads,their staff,selection committee or evaluation committee members.
Imposition:
A cone of silence shall be imposed upon each request for proposals(RFP),request for qualifications(RFQ),Request
for Proposals(RFP)and any other solicitation when advertised.
Termination:
The cone of silence shall terminate at:
(1) The time of the City Manager's approval of the award,or
(2) the time of the City Manager's written recommendation to the City Commission is received by the City
Clerk,or
(3) the time that bids or proposals are rejected by the City Commission or the City Manager.
Violations:
Violation of the cone of silence by a particular bidder or offeror shall render any award to said person voidable by
the city commission.
A violation of this section by a particular bidder,offeror,lobbyist or consultant shall subject such person or persons
to potential debarment pursuant to the provisions of this chapter.
RFQ 2015.09.04 Page 5 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
CQRA
CORAL GABLES, FL
City of Coral Gables,2800 SW 72"d Avenue,Miami,FL 33155
\ k`°RtDP FINANCE DEPARTMENT/PROCUREMENT DIVISION
Tel: 305-460-5121,Fax: 305-460-5116
TABLE OF CONTENTS
Request for Qualifications (RFQ) No 2015.09.04
RFO-SECTION 1
INTRODUCTION TO REQUEST FOR QUALIFICATIONS(RFQ) Pg.9
RFO-SECTION 2
RFQ SCOPE OF SERVICES Pg. 15
RFO-SECTION 3
RFQ GENERAL CONDITIONS Pg. 17
RFQ-SECTION 4
INDEMNIFICATION,HOLD HARMLESS&INSURANCE REQUIREMENT pg.22
RFO-SECTION 5
EVALUATION/SELECTION PROCESS Pg.30
RFO-SECTION 6
All items under this Section are to be returned signed, where applicable. A line should be drawn across a
form which is not applicable
6.0 RFQ Checklist Pg.31
Schedule"A" Certificate of Consultant
Schedule"B" Non-Collusion and Contingent Fee Affidavit
Schedule"C"Vendor Drug-Free Statement
Schedule"D"Consultant's Qualifications Statement
Schedule"E"Statement of No-Response
Schedule"F"Code of Ethics,Conflict of Interest,and Cone of Silence
Schedule"G"Americans With Disability Act(ADA)
Schedule"H"Sworn Statement—Public Entity Crimes
Schedule"I"Acknowledgement of Addenda
ATTACHMENT:-PROFESSIONAL SERVICE AGREEMENT DRAFT Pg.44
RFQ 2015.09.04 Page 6 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
QUALIFICATIONS SUBMITTAL REQUIREMENTS AND CHECK LIST
RFQ 2015.09.04
Please provide the PAGE NUMBER in the blanks provided as to where compliance information is
located in your Qualifications Submittal for each of the REQUIRED SUBMITTAL ITEMS listed
below. —
THE STATEMENT OF QUALIFICATIONS SHALL BE ORGANIZED AS INDICATED AND
ADEQUATELY ADDRESS EACH CRITERIA. PLEASE PROVIDE THE PAGE NUMBER IN
THE BLANKS PROVIDED WHERE COMPLIANCE INFORMATION IS LOCATED IN YOUR
QUALIFICATION STATEMENT FOR EACH OF THE REQUIRED SUBMITTAL ITEMS LISTED
BELOW:
Submittal -Section I:
1) Title Page: Show the RFQ number and subject, the name of your firm, address, and
telephone number, name of contact person, e-mail address, and date.
2) Provide a Table of Contents in accordance with and in the same order as the respective
"Sections" listed below.
Submittal -Section II: Firm Qualifications
1) Provide a complete company background and history, including, but not limited to: the
number of years in business, credentials, licenses, number of employees, an organizational
chart identifying key staff members, their level of responsibility, their job titles and how long
they have been with the firm. (Submit Standard Form 330, Architect-Engineer
Qualifications)
2) Clearly identify office locations for the following:
a. Office location providing primary project management
b. Corporate headquarters of the firm
c. Office location(s)for any anticipated sub-consultants
3) Provide a statement detailing Respondent's familiarity with permitting agencies and permitting
procedures, especially in Miami-Dade County.
4) Submit bank and trade references. Provide a Balance Sheet and Statement of Profit and Loss
certified an independent Certified Public Accountant. for the preceding two (2) calendar or
fiscal years..
5) Submit proof of the ability to obtain the required insurances with the limits specified herein.
6) Summarize proposal and firm's qualifications. Additionally, the firm may use this section to
articulate why their firm is pursuing this work and how it is uniquely qualified to be awarded
this solicitation.
Provide detailed information on five (5) of the Respondent's most recent and relevant projects
similar to those described in the Specifications/Scope of Work including at least one
position where you provided Environmental Engineering Consultant Services:
a. Name, address,telephone number and E-mail of the owner
b. Name, address,telephone number and E-mail of the owner's Project Manager
RFQ 2015.09 04 Page 7 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
c. Name, location and address of project
d. Description of work
e. Contract start and completion date
f. Project dollar amount
g. Detailed information on any additional services provided, including the reason, cost
and description.
h. Copies of each full report
Submittal -Section III: Staffing Plan
1) Provide resumes and relevant background information for the company's key personnel
(including owner(s), project manager, supervisors, field representatives, field inspectors and
other technical personnel), including experience with similar services.
2) Provide the current and future workload of the assigned staff to indicate their availability to
perform and successfully complete the services.
3) Provide a statement detailing the Respondent's expertise and experience in working with
other disciplines, including coordination with other design professionals and
consultants.
4) Provide qualifications, licenses and references for proposed key staff.
Submittal—Section IV: Project Control Experience
1) Provide a section indicating how the Respondent intends to positively and innovatively work
with the city and your firms ability to provide these services.
2) Provide specific examples of similar initiatives that the Respondent has successfully
undertaken with other public entities completed on-time and within budget.
3) Describe Respondent's ability and experience with moving the project along while minimizing
the impact on the community.
4) Describe Respondent's ability to successfully deliver similar services that have significant
community and business involvement
5) Describe respondent's willingness to work with other consultants designated by the
City.
RESPONDENT IS TO INITIAL IN THE SPACES BELOW,ACKNOWLEDGING COMPLIANCE
Schedules A, B, C, D, E, F, G, H, and I have been filled out, signed and notarized, where
required
RFQ Submission Checklist has been filled out and included
Professional Services Agreement(PSA)Draft has been reviewed
Failure to submit checklist and documents required hereunder may render your RFQ response
non-responsive and constitute grounds for rejection.
Initial
RFQ 2015.09.04 Page 8 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION 1
Request for Qualifications (RFQ) No. 2015.09.04
1.0: INTRODUCTION TO REQUEST FOR QUALIFICATIONS
1.1. Introduction
Thank you for your interest in this Request for Qualifications("RFQ"). The City of Coral Gables
(the "City"), through its Procurement Division invites responses ("Respondents") which offer to
provide the services described in Section 2.0"Scope of Services".
The City of Coral Gables, pursuant to Florida Statute 287.055, "Consultants Competitive
Negotiations Act", is seeking to contract for Professional Environmental Engineering Services for
design/construction of general Sanitary Sewer Projects, General Environmental Projects and
General Stormwater Utility Projects.
Contract Terms and Conditions
The Respondent(s) selected to provide the service(s) requested herein (the "Successful
Respondent(s)") shall be required to execute a Contract or a Professional Services Agreement
("Agreement")with the City in substantially the same form as the Agreement included as part of
this RFQ.
The term(s) of the Agreement shall be for a period to be negotiated with the Successful
Respondent and the City.
Throughout this RFQ, the terms "must", "will", and"shall"will denote mandatory requirements.
Any response that does not meet the mandatory requirements is subject to immediate
disqualification.
1.2. Submission of Responses
This Request for Qualifications must be resubmitted, with all forms executed. Qualification
Submittals should be typed or printed in ink. Use of erasable ink is not permitted. The format
outlined in the QUALIFICATIONS SUBMITTAL REQUIREMENTS AND CHECK LIST
at the beginning of this RFQ must be adhered to. The completed and initialed checklist
indicating the page number where compliance information is located in your qualification
statement for each of the required Qualification Submittal items must be returned as part of your
Submittal.
The Qualification Submittal shall be signed by a representative who is authorized to
contractually bind the Respondent. Submittals by corporations must be executed in the
corporate name by the President or other corporate officer accompanied by evidence of authority
to sign. The corporate address and state of incorporation must be shown below the signature.
Proposals by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership must be
shown below the signature.
The original Qualifications Submittal, three (3) copies and one (1) digital copy (PDF format)
must be submitted. The required checklists must also be submitted. Executed Schedules A, B, C,
D, E, F, G, H, and I, only one (1) original is required to be submitted by each Respondent. The
RFQ 2015.09.04 Page 9 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Professional Service Agreement is a draft of the contract for your review, completion of this
agreement is not required. Submittals should be addressed to the Procurement Division, 2800
S.W. 72 Avenue, Miami, FL 33155, at or prior to the time noted on the proposal opening date.
Proposals received after that time will not be accepted. It will be the sole responsibility of the
Respondent to deliver their proposal to the Procurement Division office on or before the closing
hour and date indicated.
Qualification Submittals shall be submitted in a sealed envelope clearly marked on the
exterior as follows:
RFQ No.2015.09.04 Project Title: Environmental Engineering Consultant
Respondent Name and Address:
Submittal Deadline: 2:00 pm,Monday,October 05,2015
Addressed to: CITY OF CORAL GABLES
PROCUREMENT DIVISION
2800 S.W.72ND AVENUE
MIAMI,FL 33155
No responsibility will be attached to the Procurement Office for the premature opening of a
Submittal not properly addressed and identified. All Proposals submitted become the exclusive
property of the City of Coral Gables.
Each Qualifications Submittal/Proposal shall be prepared simply and economically, providing a
straightforward, concise delineation of the Respondent's capabilities to satisfy the requirements
of the RFQ. The emphasis in each Proposal must be on completeness and clarity of content. In
order to expedite the evaluation of Proposals, it is essential that Respondent follow the format and
instructions contained herein. Proposal Submission Requirements as listed herein must be
followed.Any attachments must be clearly identified.
The Proposal shall be considered an offer on the part of the Respondent, which offer shall be
deemed accepted upon approval of the City, and in case of default, the City reserves the right to
accept or reject any and all Qualifications Submittals to waive irregularities and technicalities,
and request new Proposals. The City also reserves the right to award any resulting agreement as it
deems will best serve the interests of the City.
1.3. Additional Information or Clarification
The Respondent must thoroughly examine each section. If there is any doubt or obscurity as to
the meaning of any part of these conditions, the Respondent may request clarification at the pre-
qualification conference or by WRITTEN REQUEST via E-mail or fax to the Procurement
Office. Interpretations or clarifications in response to such questions will be issued in the form of
a WRITTEN ADDENDUM and may be emailed to all parties recorded by the City's
RFQ 2015.09.04 Page 10 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Procurement Office as having received the RFQ documents prior to the response submission date.
No person is authorized to give oral interpretations of, or make oral changes to the RFQ. The
issuance of written addendum shall be the only official method whereby such an interpretation or
clarification will be made. Where there appears to be conflict between the RFQ and any addenda
issued, the last addendum issued shall prevail. Any request for additional information or
clarification must be received in writing no later than Monday, September 21, 2015, prior to
4:00 PM. E-mails or Facsimiles must include the Respondent's name,RFQ number and title,and
preferably,the number of pages transmitted. Respondents should not rely on any representations,
statements or explanations other than those made in this RFQ or in any written addendum to this
RFQ.
1.4. Submission Requirements:
Careful attention must be given to all requested items contained in this RFQ. PLEASE READ
THE ENTIRE SOLICITATION BEFORE SUBMITTING A RESPONSE. Respondents
shall make the necessary entry in all blanks and forms provided for the Response. Submittals
should be typed or printed in ink. Use of erasable ink is not permitted.
The format and requirements outlined in the QUALIFICATIONS SUBMITTAL
REQUIREMENTS AND CHECK LIST beginning on Page 7 of this RFQ must be
adhered to. The completed and initialed checklist indicating the page number where
compliance information is located in your qualification statement for each of the required
Qualification Submittal items must be returned as part of your Submittal. THE STATEMENT
OF QUALIFICATIONS SHALL BE ORGANIZED AS INDICATED AND
ADEQUATELY ADDRESS EACH CRITERIA.
The following Schedules must be signed and submitted as part of the RFQ package:
Schedule"A"-Certification
Schedule`B"-Non-Collusion Affidavit
Schedule"C"-Drug Free Statement
Schedule"D"-Qualification Statement
Schedule"E"- Statement of No Response
Schedule"F"- Code of Ethics, Cone of Silence
Schedule"G"-Disability Nondiscrimination Statement
Schedule"H"—Public Entity Crimes
Schedule"I"- Acknowledgement of Addenda
A Draft of the Professional Services Agreement is attached for informational purposes and
review only
1.5. Award of an Agreement
Agreements may be awarded to the Successful Respondent(s) by the City Commission or City
Manager, as applicable, to one or more Respondent deemed the most responsible, responsive
Respondent meeting all specifications. Non-performance shall result in cancellation of the
contract with the Respondent. The City reserves the right to execute or not execute an Agreement
with the Successful Respondent(s)if it is determined to be in the best interest of the City.
RFQ 2015.09.04 Page 11 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
1.6. Agreement Execution
By submitting a Response, the Respondent agrees to be bound to and execute the Agreement for
the Environmental Engineering Consultant. Without diminishing the foregoing, the Respondent
may request clarification and submit comments concerning the Agreement for City's
consideration. Only comments and proposed revisions included within the Response will be
considered by the City. Any comments identified after the Response has been received may not
be considered by the City. Furthermore, any requests to negotiate provisions of the Agreement
not identified in the response after the Response has been received, may be grounds for removal
from further consideration for award. None of the foregoing shall preclude the City from seeking
to negotiate changes to the Agreement during the negotiations process.
Failure of the successful Respondent to execute a contract within sixty (60) days after the
notification of award may, at the City's sole discretion, constitute a default. However, the
Agreement must be executed no later than one hundred twenty (120) days, based upon the
requirements set forth in the RFQ through action taken by the City Commission at a duly
authorized meeting. If the Respondent first awarded the Agreement fails to enter into the contract
as herein provided, the award may be declared null and void, and the Agreement awarded to the
next most responsible, responsive Respondent. If the second Respondent fails to enter into the
Agreement, the award may be declared null and void, and the Agreement awarded to the third
most responsible,responsive Respondent.
1.7 Unauthorized Work
Any unauthorized work performed by the Successful Respondent(s) shall be deemed non
compensable by the City.
1.8 Changes/Alterations
Respondents may change or withdraw a Response at any time prior to the Response Submission
Deadline. All changes or withdrawals shall be made in writing to the Procurement Division as
specified in this RFQ. Oral/Verbal modifications will not be allowed. Written modifications will
not be accepted after the Response Submission Date.
1.9 Discrepancies,Errors,and Omissions
Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in
writing to the City's Procurement Division in the manner prescribed in the RFQ. Should it be
necessary, the City will issue a written addendum to the RFQ clarifying such conflicts or
ambiguities.
1.10 Disqualifications
The City reserves the right to disqualify Responses before or after the submission date, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the
Respondent. It also reserves the right to waive any immaterial defect or informality in any
Response;to reject any or all Responses in whole or in part,or to reissue a Request for Proposal.
Any Responses submitted by a Respondent who is in arrears (money owed) to the City or where
the City has an open claim against a Respondent for monies owed the City at the time of response
submission,will be rejected as non-responsive and shall not be considered for award.
1.11 Respondent Expenditures
Respondent understands and agrees that any expenditure they make in preparation and submittal
of Responses or in the performance of any services requested by the City in connection with the
Responses to this RFQ are exclusively at the expense of the Respondents. The City shall not pay
or reimburse any expenditure or any other expense incurred by any Respondent in preparation of
RFQ 2015.09.04 Page 12 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
a Response or anticipation of a contract award or to maintain the approved status of the
Successful Respondents if an Agreement is awarded.
1.12. Financial Stability and Strength
The Respondent must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that they can satisfactorily provide the goods and/or services
required herein.
Respondents shall provide a Balance Sheet and Statement of Profit and Loss certified an
independent Certified Public Accountant for the preceding two(2)calendar or fiscal years.
When the proposal submittal is from a joint venture, each Respondent involved in the joint
venture must submit fmancial statements as indicated above.
In determining a Respondent's responsibility and ability to perform the Contract,the City has the
right to investigate and request information concerning the financial condition, experience record,
personnel, equipment, facilities, principal business location and organization of the Respondent,
the Respondent's record with environmental regulations, and the claims/litigation history of the
Respondent. The City reserves the right to consider third party information (e.g. Dun &
Bradstreet's Supplier Reports or similar)in determination of capacity.
Any Respondent may be declared non-responsive who, at the time of proposal submission, is
involved in an ongoing bankruptcy as a debtor; or in a reorganization, liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the
property of the Respondent under federal bankruptcy law,or any state insolvency.
1.14. Contract Termination
The City, by written notice, may terminate in whole or part any Contract resulting from this
competitive solicitation, when such action is in the best interest of the City. If the Agreement is
so terminated,the City shall be liable only for payment for services rendered prior to the effective
date of termination. The City may,by written notice to the successful Respondent, terminate the
RFQ if the Successful Respondent has been found to have failed to perform his/her services in a
manner satisfactory to the City. The City may terminate this Agreement for convenience at any
time by providing thirty (30) days written notice to the contractor. In the event the contractor is
found to be in default, the contractor will be paid for all labor and materials provided as of the
termination date. No consideration will be given for anticipated loss of revenue on the canceled
portion of the Contract.
RFQ 2015 09.04 Page 13 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Any Respondent may be declared non-responsive who, at the time of proposal
submission, is involved in an ongoing bankruptcy as a debtor; or in a reorganization,
liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial portion of the property of the Respondent under federal bankruptcy
law, or any state insolvency.
1.14. Contract Termination
The City, by written notice, may terminate in whole or part any Contract resulting from
this competitive solicitation, when such action is in the best interest of the City. If the
Agreement is so terminated, the City shall be liable only for payment for services
rendered prior to the effective date of termination. The City may, by written notice to the
successful Respondent, terminate the RFQ if the Successful Respondent has been found
to have failed to perform his/her services in a manner satisfactory to the City. The City
may terminate this Agreement for convenience at any time by providing thirty (30) days
written notice to the contractor. In the event the contractor is found to be in default, the
contractor will be paid for all labor and materials provided as of the termination date. No
consideration will be given for anticipated loss of revenue on the canceled portion of the
Contract.
RFQ 2015.09.04 Page 14 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION M
Request for Qualifications (RFQ) No. 2015.09.04
2.0 SCOPE OF SERVICES
Selected Environmental Consulting Firms will be required to provide basic environmental and
engineering design services. These services will reflect the community's and the City's emphasis
on preserving the historic and natural environment which are long-standing traditions. In general,
the services assigned under this continuing service contract may include,but are not limited, to
the following:
• Water and sanitary sewer systems
Planning, design, equipment selection, preparation of construction documents, and
administration of construction contracts for water and sanitary sewer systems including but not
limited to: water distribution and sewage collection systems, transmission lines of all sizes and
types, and pumping stations. The work may include comprehensive studies and preparation of
reports, permitting compliance, system master planning, modeling, development of new
facilities,repairs and improvements of existing facilities.
• Stormwater systems
Planning, design, equipment selection, preparation of construction documents, and
administration of construction contracts for stormwater systems including but not limited to:
drainage systems, drainage wells, outfalls and pump stations. The work may include
comprehensive studies and preparation of reports, permitting compliance, system master
planning, modeling, development of new facilities, and retrofits of existing systems.
• Environmental assessment
Estimation of the behaviors effects on the environment and human, animal and plant life. Factors
to be assessed include, but not limited to: Effects on natural resources; erosion and
sedimentation; coastal and freshwater wetland communities; wildlife habitat and migration; air,
water and soil pollution; groundwater and surface water movement and flow; water and
groundwater quality. The work may include performance of studies and preparation of summary
reports for environmental assessments of contaminated sites, sampling and monitoring of
suspected contamination in groundwater and soil, and remedial action plans design,
implementation, operation and maintenance.
RFQ 2015.09.04 Page 15 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
• Engineering construction management
Administration of single or multiple construction and installation contracts for engineering
projects. The work includes inspection and certification of the construction of engineering
elements projects such as structural, civil, mechanical and electrical systems. Service will require
the development of a comprehensive management system for pre-construction, construction and
post construction activities including but not limited to: identification of potential conflicts,
utility coordination, inspection of all stages of the project, scheduling and cost estimation, claims
review, shop drawings review and approval, inspection reports and documentation, and
preparation and submittal of punch list, as-built plans, record drawings, and close-out documents.
• Hazard Mitigation Strategies
Estimation of any action taken to reduce or eliminate the long-term risk to human life and
property from natural hazards. The work includes but not limited to: hazard identification,
vulnerability analysis, defining of hazard mitigation strategy and implementation of hazard
mitigation activities and projects.
RFQ 2015.09.04 Page 16 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION 3
Request for Qualifications (RFQ) No.2015.09.04
3M: RFQ GENER AI, CONDITIONS
3.1. Acceptance/Rejection
The City reserves the right to accept or reject any and/or all responses or sections thereof,
and waive any informalities or technicalities. As a matter of information, the City
Commission does not bind itself to accept the minimum specifications stated herein, but
reserves the right to accept any Qualification Submissions which in the judgment of the
City will best serve the needs and interest of the City. The City also reserves the right to
reject any Respondent(s) who has previously failed to properly perform under the terms
and conditions of a contract, to deliver on time any contracts with the City, and who is
not in a position to perform the requirements defined in this RFQ. This offering of RFQ
itself does not in any way constitute a contractual agreement between the City of Coral
Gables and the Respondent.
3.2. Legal Requirements
The Respondent shall comply with all rules, regulations and laws of the City of Coral
Gables, Miami-Dade County, the State of Florida and the Federal Government now in
force or hereinafter to be adopted. Lack of knowledge by the Respondent shall in no way
be cause for relief from responsibility.
3.3. Non-Appropriation of funds
In the event that insufficient funds are appropriated and budgeted or funding is otherwise
unavailable in any fiscal period for this Agreement, then the City, shall have the
unqualified right to terminate the Work Order(s) or Agreement upon written notice to the
Successful Respondent without any penalty or expenses to the City. No guarantee,
warranty or representation is made that any particular work or any project(s) will be
assigned to any Respondent(s).
3.4. Occupational License Requirements(Business Tax Receipt Requirements)
Any person, firm, corporation or joint venture, with a business location in the City of
Coral Gables who is submitting a response under this solicitation, shall meet the City's
Occupational License Tax Requirements in accordance with Ordinance No 02005-15 of
the City of Coral Gables Code and Chapter 205 of the Florida Statutes.
Others with a location outside the City of Coral Gables shall meet their local
Occupational License Tax requirements. Copy of the license must be submitted with the
Proposal; however, the City may, at its sole option and in its best interest, allow the
Respondent to supply the license to the City during the evaluation period, but prior to
award.
3.5 Minimum Qualification Requirements
The City of Coral Gables intends to procure service as specified herein from sources of
supply that will give prompt, professional and convenient service of acceptable quality.
RFQ 2015.09.04 Page 17 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Each Respondent shall complete the applicable Qualifications Statement and submit it
with Proposal. Failure to submit statement and documents required thereunder may
constitute grounds for rejection. The Respondents must have a proven record of
successfully completing projects/contracts. The City reserves the right to make pre-
Award inspections of the Respondent's facilities and/or equipment prior to Contract
Award.
Proposals will be considered only from firms that meet the following criteria:
(a) Firms that are regularly engaged in the business of providing these goods and/or
services as described in the Request for Proposal"Scope of Services".
(b) Finns that have a record of regular performance of similar scope and quality for a
reasonable period of time as specified in the"Scope of Services".
(c) Firms that have sufficient financial support, as specified in Special Conditions,
equipment and organization to insure that the firm can satisfactorily execute the
Contract under the terms and conditions stated herein.
The terms "equipment" and "organization" as used herein shall be construed to mean a
fully equipped and well established company in line with the best business practices of
the industry as determined by the proper authorities of the City of Coral Gables.
At the City's sole discretion, it may be determined that a Respondent is not "qualified",
"non-responsive" and/or"not responsible". Proposal may be rejected for any of, but not
limited to, the following reasons:
(a) Evidence of collusion with other Respondents. Participants in such collusion
shall be disqualified for any further work from the City until such time as they are
reinstated.
(b) Submission of more than one Proposal for the same Contract under the same or
different names, in which case all such duplicated Proposals shall be rejected.
(c) Respondent lacks qualification or resources necessary to fulfill the intent of the
Contract.
(d) Unsatisfactory performance record, judged from the standpoint of conduct of
work, workmanship, progress or standards of performance agreed upon in the
Contract as substantiated by past or current work with the City.
(e) Respondent has previously defaulted in the performance of a public service
contract, or has been convicted of a crime arising from the performance of a
previous or current public service contract.
(f) Any other inability, financial or otherwise, to perform the work, based on any
reasons deemed proper as determined of Respondent's capability to perform the
work.
3.6. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Proposal to provide any goods or
services to a public entity, may not submit a Proposal with a public entity for the
RFQ 2015.09.04 Page 18 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
construction or repair of a public building or public work, may not submit Proposals on
leases of real property to a public entity, may not be awarded or perform work as a
Respondent, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendors list.
3.7 Resolution of Protests
Pursuant to Section 2-950 of the City of Coral Gables Code:
Notice of Intent: Any actual or prospective Respondent or offeror who perceives itself
aggrieved in connection with the formal solicitation of a contract or who intends to
contest solicitation specifications or a solicitation may file a written notice of intent to file
a protest with the City Clerk's office within three (3) calendar days prior to the date set
for opening of submittals or receipt of proposals.
Any actual responsive and responsible Respondent whose bid is lower than that of the
recommended Respondent or an offeror who perceives itself aggrieved in connection
with the recommended award of contract may file a written notice of intent to file a
protest with the City Clerk's office within three (3) calendar days after notice of the city
manager's written recommendation to the city commission for award of contract.
A notice of intent to file a protest is considered filed when received by the City Clerk's
office.
Written Protest: A written protest based on any of the foregoing must be submitted to the
City Clerk's office within five (5) calendar days after the date the notice of protest was
filed. The written protest shall state with particularity the specific facts and law upon
which the protest of the solicitation or the award is based, and shall include all pertinent
documents and evidence. This shall form the basis for review of the written protest and
no facts, grounds, documentation or evidence not contained in the protester's submission
at the time of filing the protest shall be permitted in the consideration of the written
protest. A written protest may not challenge the relative weight of the evaluation criteria
or the formula for assigning points in making an award determination.
A written protest is considered filed when received by the City Clerk's office.
Filing Fee: The written protest must be accompanied by a filing fee in the form of a
money order or cashier's check payable to the city in an amount equal to one percent of
the amount of the bid or proposed contract, or$2,500.00,whichever is less.
Compliance with filing requirements: Failure of a party to timely file either the notice of
intent to file a protest or the written protest, or submit the filing fee, with the City Clerk's
office within the time provided above shall constitute a forfeiture of such party's right to
file a protest. The protesting party shall not be entitled to seek redress before the City
Commission or seek judicial relief without first having followed the procedure set forth
in this section.
RFQ 2015.09.04 Page 19 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
3.8 Review of Responses for Responsiveness
Each Response will be reviewed to determine if it is responsive to the submission
requirements outlined in the RFQ. A "responsive" Response is one which meets the
requirements of the RFQ, is submitted in the format outlined in the RFQ, is a timely
submission, and has the appropriate signature as required on each document.
3.9 Collusion
The Respondent, by submitting a Response, certifies that its Response is made without
previous understanding, agreement or connection either with any person, firm, or
corporation submitting a Response for the same services, or with any City Department.
The Respondent certifies that its Response is fair, without control, collusion, fraud, or
other illegal action. The Respondent certifies that it is in compliance with the conflict of
interest and code of ethics laws. The City will investigate all situations where collusion
may have occurred and the City reserves the right to reject any and all Responses where
collusion may have occurred
3.10 Sub-Contractor
A Sub-Contractor is an individual or firm contracted by the Respondent(s) to assist in the
performance of services required under this RFQ. A Sub-Contractor shall be paid
through Respondent(s) and not paid directly by the City. Sub-Contractors are allowed by
the City in the performance of the services delineated within this RFQ. Respondent(s)
shall clearly reflect in its Response the major Sub-Contractor to be utilized in the
performance of required services. The City retains the right to accept or reject any Sub-
Contractor proposed prior to Agreement execution. Any and all liabilities regarding the
use of a Sub-Contractor shall be borne solely by the Successful Respondent(s) and
insurance for each Sub-Contractor must be maintained in good standing and approved by
the City throughout the duration of the Agreement. Neither the Successful Respondent(s)
nor any of its Sub-Contractors are considered to be employees or agents of the
City. Failure to list all major Sub-Contractors and provide the required information may
disqualify any proposed Sub-Contractor from performing work under this RFQ.
Respondent(s) shall include in their Responses the requested Sub-Contractor information
and include all relevant information required of the Respondent(s).
3.11 Substitutions for Assigned Personnel
The City reserves the right to approve substitutions for assigned personnel proposed for
this project. Substitutions may be allowed for staff turnover, sickness or other emergency
situations.
3.12 Public Records
Sealed bids, proposals, or statements of qualifications received by an agency pursuant to
invitation for bids, requests for proposals, or request for qualifications are exempt from
Florida Statutes Section 119.07(1) until such time as the agency provides notice of a
decision or intended decision or within 30 days after bid or proposal opening, whichever
is earlier.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
shall be kept and maintained in accordance with such Statute. Supplier acknowledges that
RFQ 2015.09.04 Page 20 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
records and books, not subject to exemption under Chapter 119, may be disclosed and/or
produced to third parties by the City in accordance with requests submitted under Chapter
119 or court orders without penalty or reprisal to the City for such disclosure and/or
production. Supplier also agrees to assert, in good faith, any relevant exemptions
provided for under Chapter 119 for records in its possession on behalf of the
City. Furthermore, Supplier agrees to comply with the provisions outlined in Section
119.0701 of the Florida Statutes,the requirements of which are incorporated herein.
RFQ 2015.09.04 Page 21 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION 4
Request for Qualifications (RFQ) No. 2015.09.04
4.0: INDEMNIFY,DEFEND AND HOLD HARMLESS& INSURANCE REQUIREMENTS
4.1 To the fullest extent permitted by Laws and Regulations, the Respondent who is awarded
this solicitation shall defend, indemnify, and hold harmless the City and its consultants,
agents, and employees from and against all claims, damages, losses, and expenses direct,
indirect, or consequential (including but not limited to fees and charges of attorneys and
other professionals and court and arbitration costs) arising out of or resulting from the
performance of the work and caused in whole or in part by any willful,
intentional, reckless, or negligent act or omission of Respondent, any sub-consultant, or
any person or organization directly or indirectly employed by any of them to perform or
furnish any of the work or anyone for whose acts any of them may be liable.
In any and all claims against the City or any of its consultants, agents, or employees by
any employee of Respondent, any sub-consultant, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for
whose acts any of them may be liable, the indemnification obligation under the above
paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for Professional or any such sub-
consultant or other person or organization under workers' or workman's compensation
acts, disability benefit acts, or other employee benefit acts. Moreover, nothing in this
Indemnification and Hold Harmless provision shall be considered to increase or
otherwise waive any limits of liability, or to waive any immunity, established by Florida
Statutes, case law, or any other source of law.
4.2 For any and all claims against the City or any of its consultants, agents, or employees by
any employee of Respondent, and sub-consultant, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for
whose acts any of them may be liable, the indemnification obligation under the above
paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for Successful Respondent or any such
sub-consultant or other person or organization under workers' or workman's
compensation acts, disability benefit acts, or other employee benefit acts.
4.3 The indemnification and hold harmless provision shall include,but not be limited to, all
of the following:
a. Damages awarded to any person or party.
b. Attorney's fees and costs incurred in defending such claims. The City may use the
attorney or law firm of its choice in which event the Respondent awarded this
contract will pay such firm the fees it charges the City, provided such fees are
reasonable in light of the prevailing market rate for similar legal services. Such fees
shall be deemed reasonable if they are no greater than the fees that City pays other
RFQ 2015.09.04 Page 22 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
counsel for representation in similar cases. If the City Attorney's Office provides
the defense, Respondent will reimburse the City at the prevailing market rate for
similar legal services.
c. Attorney's fees and cost of any party that a court orders the City to pay.
d. Lost time that results from the City or its officials or employees responding to
discovery or testifying by deposition or in court. In this regard, for any time the
City spends in responding to document requests or public records requests relating
to such claims whether from Respondent or any other party, Respondent will
reimburse City $50.00 for each employee work hour spent reviewing or responding
to such requests. For any time spent testifying in court or in depositions, or
preparing for such testimony, Respondent will reimburse City on a per hour basis as
follows:
• For the Mayor or City Commissioner: $300.00 per hour
• For the City Manager: $250.00 per hour
• For an Assistant City Manager or Department Director:$250.00 per hour
• For an Assistant Department Director: $100.00 per hour
• For City Attorney or Assistant City Attorney: Prevailing market rates
• For other employees: $50.00 per hour
e. The expenses incurred by City in complying with any administrative or court order
that may arise from such claims.
f. Miscellaneous expenses relating to such claims including expenses of hotels and
transportation in trips relating to such claims; and
g. Any other direct or indirect expense that City would not have incurred but for a
claim that arises out of this agreement.
4.4 It is the specific intent of the parties hereto that the foregoing indemnification complies
with Section 725.06 (Chapter 725),Florida Statutes.
4.5 The Parties hereby expressly agree and understand that the indemnification and hold
harmless provisions contained herein supersede and take precedence over any such
provisions contained within the RFQ documents.
4.6 INSURANCE REQUIREMENTS
4.6.1 GENERAL CONDITIONS
Pursuant to the City of Coral Gables Code, Section 2-1007, the Risk Management
Division of the Human Resources Department has developed the following
insurance requirements to protect the City of Coral Gables to the maximum extent
feasible against any and all claims that could significantly affect the ability of the
City to continue to fulfill it obligations and responsibilities to the taxpayers and
the public.
RFQ 2015.09.04 Page 23 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Consequently, prior to award and in any event prior to commencing work, the
Respondent shall procure, and provide the City with evidence of insurance
coverage as required herein and name the City as an Additional Insured on a
primary and non-contributory basis. The Respondent shall secure and maintain, at
its own expense, and keep in effect during the full period of the contract a policy
or policies of insurance, and must submit these documents to the Risk
Management Division of Human Resources Department for review and approval.
All city solicitation and contract documents shall include insurance provisions
approved by the Risk Management Division.
4.6.2 RESPONDENT REQUIREMENTS
The Respondent shall maintain, at its own cost and expense, the following types
and amounts of insurance with insurers with rating of "A-" "VI" or better
according to the A.M. Best rating guide as a minimum standard. The insurers
providing coverage must be approved by the State of Florida and hold all of the
required licenses in good standing to conduct business within the State of Florida.
In addition, they must be acceptable to the City of Coral Gables Risk
Management Division and/or the City Attorney's Office.
4.6.3 TYPE OF COVERAGE &LIMIT OF LIABILITY REQUIREMENT
4.6.3.1 PROFESSIONAL Liability Insurance with a limit of liability no less
than $1,000,000 per occurrence with a deductible per claim, if any, not to exceed
5% of the limit of liability providing for all sums which the Respondent shall
become legally obligated to pay as damages for claims arising out of the services
performed by the Respondent or any person employed in connection with this
Agreement. This insurance shall be maintained for three (3) years after any
services covered by this Agreement.
4.6.3.2 Workers' Compensation and Employers Liability Insurance covering
all employees, subcontractors, and/or volunteers of the Respondent
engaged in the performance of the scope of work associated with this
contract and/or agreement. The minimum limits of liability shall be in
accordance with applicable state and/or federal laws that may apply to
Workers' Compensation insurance, with the following limits:
4.6.3.2.1 Workers' Compensation- Coverage A
Statutory Limits (State or Federal Act)
4.6.3.2.2 Employers' Liability- Coverage B
$1,000,000 Limit-Each Accident
$1,000,000 Limit-Disease each Employee
$1,000,000 Limit-Disease Policy Limit
RFQ 2015.09 04 Page 24 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
4.6.3.3 Commercial General Liability Insurance written on an occurrence basis
including but not limited to; Coverage for contractual liability, products and
completed operations, personal & advertising injury, bodily injury and property
damage liabilities with limits of liability no less than:
4.6.3.3.1 Each Occurrence Limit- $1,000,000
4.6.3.3.2 Fire Damage Limit(Damage to rented premises)- $100,000
4.6.3.3.3 Personal&Advertising Injury Limit- $1,000,000
4.6.3.3.4 General Aggregate Limit- $2,000,000
4.6.4.4.5 Products&Completed Operations Aggregate Limit- $2,000,000
4.6.3.4 Business Automobile Liability Insurance covering all owned, non-owned and
hired vehicles used in connection with the performance of work under this
Contract, with a combined single limit of liability for bodily injury and property
damage of not less than:
4.6.3.4.1 Combined Single Limit(Each Accident) - $1,000,000
4.6.3.4.2 Any Auto (Symbol 1)
4.6.3.4.3 Hired Autos (Symbol 8)
4.6.3.4.4 Non-Owned Autos(Symbol 9)
4.6.4 MINIMUM COVERAGE FORM(SHALL BE AT LEAST AS BROAD AS):
4.6.4.1 Workers Compensation
The standard form approved by the State of Jurisdiction
4.6.4.2 Commercial General Liability
ISO (Insurance Services Office, Inc.) Commercial General Liability
coverage ("occurrence" Form CG 0001) or its equivalent. "Claims made"
form is unacceptable except for professional or environmental liability
coverage.
4.6.4.3 Commercial Auto Liability
ISO (Insurance Services Office, Inc.) Commercial Auto Liability coverage
(form CA 0001) or its equivalent.
4.6.5 REQUIRED ENDORSEMENTS
4.6.5.1 The following endorsements with City approved language
4.6.5.1.1 Additional insured status provided on a primary & non-
contributory basis for the General and Auto Liability policies
4.6.5.1.2 Waiver of Subrogation on all policies except Professional
Liability
4.6.5.1.3 Notices of Cancellation/Non-renewal/Material Changes
must be sent directly to the City of Coral Gables by the
Insurance Company. The City only requires the same
statutory notice that an insurance company must provide to the
RFQ 2015.09.04 Page 25 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
insured, however this Notice may not be less than Thirty (30)
Days, except a Ten (10) Day Notice of cancellation is acceptable
for non-payment of premium.
Notices of Cancellation, Non-renewal or Material Change must
be provided to the following address:
CITY OF CORAL GABLES
INSURANCE COMPLIANCE
P.O. BOX 12010-CE
HEMET, CA 92546-8010
4.6.5.2 All policies except for Professional Liability shall contain a
"severability of interest" or"cross liability" clause without obligation
for premium payment of the City.
4.6.6 HOW TO EVIDENCE COVERAGE TO THE CITY
4.6.6.1 The following documents must be provided to the City;
4.6.6.1.1 A Certificate of Insurance containing the following
information:
4.6.6.1.1.1 Issued to entity contracting with the City
4.6.6.1.1.2 Evidencing the appropriate Coverage
4.6.6.1.1.3 Evidencing the required Limits of Liability required
4.6.6.1.1.4 Evidencing that coverage is currently in force
4.6.6.1.1.5 Language provided in the Special Provision Section
of the Certificate of Insurance affirming that all
endorsements required by the City have been
endorsed to all of the polices.
A copy of each endorsement that is required by the City
4.6.6.2 All Certificates of Insurance must be signed by a person authorized
by that insurer to bind or amend coverage on its behalf
4.6.6.3 The City reserves the right to require a complete copy of any
insurance policies required by the City. Should the City invoke this
right, the policy must be provided directly to the City by the
insurance agent or insurance company.
4.6.6.4 The city reserves the right to require additional insurance requirements at
any time during the course of the agreement.
4.6.7 WAIVER OF INSURANCE REQUIREMENTS
Should a Respondent not be able to comply with any insurance requirement, for
any reason, the Respondent must write a letter to the Risk Management Division
RFQ 2015.09.04 Page 26 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
on their letter head requesting that a waiver of a specific insurance requirement
be granted. The requested waiver will be evaluated by the Risk Management
Division. The Risk Management Division will approve or reject the requested
waiver of insurance and will forward the waiver to the City Attorney's Office for
further evaluation.
Respondents are encouraged review their individual insurance needs with their insurance
agents/brokers regularly to determine the adequacy of the coverage and the limits of
liability that are being purchased. In certain circumstances, the City of Coral Gables will
require additional insurance to respond to the hold harmless and indemnification clauses
executed with the City of Coral Gables. Based on the nature of the work performed, the
City of Coral Gables will determine what additional types of insurance and/or higher
limits of liability that must be obtained.
Upon contract award, all documents evidencing insurance to City of Coral Gables —
Insurance Compliance should be sent via email to cityofcoralgables @ebix.com and copy
to druiz@coralgables.com . Should you require assistance, contact the dedicated Call
Service Lines for City of Coral Gables:
Call Service Lines- Insurance Compliance
Phone: (951) 652-2883.
Fax: (770) 325-0417
Email: cityofcoralgables@ebix.com
When Respondent provides evidence of insurance to the City of Coral Gables,the
Certificate Holder section of the Certificate of Insurance should read as follows:
City of Coral Gables
Insurance Compliance
PO Box 12010—CE
Hemet, CA 92546-8010
RFQ 2015.09.04 Page 27 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Contact Us
Certificate Mailing Address City of Coral Gables
Insurance Compliance
PO Box 12010-CE
Hemet, CA 92546-8010
Corporate Street Address City of Coral Gables
151 North Lyon Avenue
Hemet, CA 92543
Internet Address https://www.idscerts.com
Please Email Your Documents ci ofcoral ables ebix.com
Directly To: 9
Phone Numbers
Dedicated Call Service Lines
(for vendors/insured/contractors)
Phone: (951)652-2883
Fax: (770)325-0417
RFQ 2015.09.04 Page 28 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
c R4z CITY OF CORAL GABLES
(:):4,4 Y °'9 REQUIRED COVER SHEET & CHECK LIST WHEN EVIDENCING INSURANCE
w This check list was developed to identify the documents required when an entity and/or an
;, '-: 4 r`' individual is evidencing insurance to the City. All applicable boxes must be checked. This
FtoRio� ® form, and other related insurance documents are available @ www.coralqables.com. Under
nt
City Departments tab, click on Human Resources, then the Risk Management Division Page.
The City Beautiful
•••• THIS FORM MUST BE SUBMITTED WHEN EVIDENCING INSURANCE TO THE CITY ••••
Full Legal Name(as shown on the agreement or permit with the City):
City Department(that you are working with or that is issuing a permit):
City Employee (contract manager or employee issuing permit):
The name&phone#of the individual who completed this check list:
The date this check list was completed in its entirety:
❑ A Certificate of Insurance is attached and the following information is contained therein:
❑ The named insured listed on the Certificate of Insurance exactly matches the name of the
individual and/or entity that is required to evidence insurance to the City.
❑ The Certificate Holder section of the Certificate of Insurance reads as follows:
City of Coral Gables • Insurance Compliance
PO Box 12010-CE • Hemet, CA 92546-8010
❑ The special provisions section of the Certificate of Insurance contains language affirming that;
1) Endorsements have been issued to all required insurance policies naming the City of
Coral Gables as an additional insured on a primary and non-contributory basis(except
workers compensation & professional liability insurance)and;
2) That all policies evidenced to the City contain a waiver of subrogation endorsement and;
3) That all policies have been endorsed to ensure that the City receives the same Florida
statutorily required notice of cancellation that an insurance company provides the first
named insured of the policy.
IF COVERAGE IS REQUIRED FOR THE LINES OF INSURANCE BELOW, THEN THE DOCUMENTS
LISTED MUST ALSO BE ATTACHED TO THE CERTIFICATE OF INSURANCE EVIDENCED TO THE CITY
❑ Copies of the following Commercial General Liability Endorsements(or a copy of the section of
the insurance policy that provides this coverage)are attached to this check list:
❑ Endorsement(or a copy of the policy) naming the City of Coral Gables as an Additional Insured on a
Primary and Non-Contributory Basis.
❑ Waiver of Subrogation Endorsement(or a copy of the policy) in favor of the City.
❑ Endorsement providing the City with the same Florida statutorily required notice of cancellation that
an insurance company provides the first named insured of the policy.
❑ Copies of the following Automobile Liability Endorsements(or a copy of the section of the
insurance policy that provides this coverage)are attached to this check list:
❑ Endorsement(or a copy of the policy) naming the City of Coral Gables as an Additional Insured on a
Primary and Non-Contributory Basis.
❑ Waiver of Subrogation Endorsement(or a copy of the pollicy) in favor of the City.
❑ Endorsement providing the City with the same Florida statutorily required notice of cancellation that
an insurance company provides the first named insured of the policy.
❑ Copies of the following Workers Compensation Endorsements(or a copy of the section of the
insurance policy that provides this coverage)are attached to this check list:
❑ Waiver of Subrogation Endorsement(or a copy of the policy) in favor of the City.
❑ Endorsement providing the City with the same Florida statutorily required notice of cancellation that
an insurance company provides the first named insured of the policy.
Form COCG-RM-55(R-01/2009)
RFQ 2015.09.04 Page 29 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION 5
Request for Qualifications (RFQ) No 2015.09.04
5.0: EVALUATION/SELECTION PROCESS
5.1. Evaluation Procedures
(a) The Procurement Division shall review all Qualifications submissions for responsiveness to
the requirements of the RFQ. The evaluation will consist of, but not be limited to,
Respondent willingness and ability to provide all services requested under the conditions
stated in this RFQ. Procurement will also evaluate the Respondent(s)' professional
references, company resources, including personnel and equipment, ability to respond to
requests, including missed commitments, response time, business history with the City, if
any, as well as with all other public or private entities; and the required licenses and
insurance.
(b) The City of Coral Gables shall be the sole judge in determining Respondent responsiveness.
(c) As part of the evaluation process, the City may conduct background investigations of
Respondents, its officials and employees, including a record check by or directed by the City
of Coral Gables Police Department FDLE. Respondent submission of Proposal constitutes
acknowledgement of the process and consent to such investigation.
5.2 Evaluation
An Evaluation Committee will evaluate all responsive submissions received and will establish a
short list of no less than three (3) firms, if three (3) or more submissions are received. The City
may request additional information if deemed necessary for this evaluation. The Evaluation
Committee may require each short-listed firm to be present for interviews. Upon the completion
of the evaluation and interviews, the committee will finalize scoring and ranking the firms, so as
to recommended the ranking to the City Commission for authorization to proceed with Contract
Negotiations. Additionally, the City Commission may choose to interview and rank short-listed
firms.
The Qualification submissions will be scored and ranked by the Evaluation Committee, based on
the following criteria:
Category Points
Completeness and applicability of the proposed approach to the scope of work 15
Qualifications, competency and technical expertise of the firm and personnel to 40
perform the services in accordance with the scope of services.
Past Record of performance on contracts of a similar scope of nature 30
Capability and capacity to meet schedules and respond expediently to the City's needs
and requests. 15
Total Points 100
5.3 Contract Execution
The City and the successful Professional shall execute a contract("agreement")within thirty(30)days after
Notification of Award. However,the Agreement must be executed no later than one hundred twenty(120)
days,based upon the requirements set forth in the RFQ through action taken by the City Commission at a
duly authorized meeting. If the Professional first awarded the Contract fails to enter into the contract as
herein provided, the award may be declared null and void, and the Contract awarded to the next most
responsible,responsive Professional,or re-advertised,as determined by the City.
RFQ 2015.09.04 Page 30 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SECTION 6
REQUEST FOR QUALIFICATIONS SUBMISSION CHECK LIST
RFQ 2015.09.04
COMPANY NAME: (Please Print):
Phone: Fax:
--NOTICE--
BEFORE SUBMITTING YOUR RFQ,MAKE SURE YOU:
1. Carefully read Section 4.21, Respondent Organization, of the RFQ, and provide
the page number in the blanks provided where compliance information is located
in your Qualification Statement for each of the required submittal items.
2. Carefully read the SPECIFICATIONS/SCOPE OF WORK and then properly fill out the
RFQ SHEET and CERTIFICATION PAGE(Schedule"A").
❑ 3. Fill out and sign the NON-COLLUSION AFFIDAVIT (Schedule "B") and have it
properly notarized.
❑ 4. Sign the VENDOR DRUG FREE STATEMENT(Schedule"C").
5. Complete, sign and have notarized RESPONDENT'S QUALIFICATIONS STATEMENT
❑ (Schedule"D").
❑ 6. Complete STATEMENT OF NO RESPONSE(Schedule"E")if applicable.
111 7. Sign and return acknowledgement of CODE OF ETHICS, CONFLICT OF INTEREST
AND CONE OF SILENCE (Schedule "F"). These can be found on the City's website,
under Government, City Department, Procurement, Procurement Links, Ordinance No.
2009-53;Sec 2-1055;Sec 2-677;and Sec 2-1059, respectively.
❑ 8. Complete, sign and have notarized American with Disabilities Act (ADA) Non-
Discrimination Statement(Schedule"G").
❑ 9. Complete, sign and have notarized the Sworn Statement Pursuant to Section
287.133 (3) (a), Florida Statutes,On Public Entity Crimes(Schedule"H").
❑ 10. Complete and submit Acknowledgement of Addenda(Schedule"I")if applicable.
I I 11. Complete, sign and have notarized LOBBYIST forms (if applicable). Forms are
available at www.coraloables.com, City Clerk
❑ 12. Complete and submit STANDARD FORM 330,Architect-Engineer Qualifications
(if applicable).
I I 13. Clearly mark the RFQ NUMBER AND RFQ NAME on the outside of your envelope.
❑ 14. Submit ONE ORIGINAL and FOUR PHOTOCOPIES with ONE disk or flash drive in pdf
format of your RFQ.
❑ 15. Make sure your RFQ is submitted prior to the deadline. Late RFQs will not be accepted.
❑ 16. Include Bond(if applicable).
FAILURE TO PROVIDE THE REQUESTED SCHEDULES MAY RESULT IN YOUR RFQ BEING DEEMED
NON-RESPONSIVE. THIS PAGE ALONG WITH SCHEDULES "A" THRU "I" ARE TO BE RETURNED
WITH YOUR RFQ (DRAW A LINE ACROSS A FORM WHICH IS NOT APPLICABLE).
RFQ 2015.09.04 Page 31 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"A" CITY OF CORAL GABLES
CERTIFICATE OF CONSULTANT
I hereby certify that I am and a duly authorized representative of the
firm
, whose address is
, and that neither I, nor the above firm, I
here represent has:
a. employed or retained for a commission, percentage brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for me or the above Consultant)to solicit or secure this contract.
b. agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out the contract, or
c. paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above Consultant)any fee, contribution, donation
or consideration of any kind for, or in connection with, procuring or carrying out the
contract except as here expressly stated(if any):
I acknowledge that this certificate is to be furnished to the City of Coral Gables, and is subject to applicable
Local, State and Federal laws, both criminal and civil.
Date
Consultant(signature)
Name(typed or printed)
Federal Employer I.D.
RFQ 2015.09.04 Page 32 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"B" CITY OF CORAL GABLES
NON-COLLUSION AND CONTINGENT FEE AFFIDAVIT
This affidavit is to be filled in, executed and notarized by the Consultant. If the Response is made by a
Corporation, then it should be executed by its Chief Officer. This document MUST be submitted with the
Response.
STATE OF
)ss
COUNTY OF
,being first duly sworn, deposes and says
that (Type or print name of person who is signing below)
1. He/she is the
(Owner,Partner, Officer, Representative or Agent)
of the Consultant that has submitted the attached Response.
2. He/she is fully informed with respect to the preparation and contents of the attached Response
and of all pertinent circumstances respecting such Response;
3. Said Response is made without any connection or common interest in the profits with any other
persons making any Response to this solicitation. Said Response is on our part in all respects fair
and without collusion or fraud. No head of any department, any employee or any officer of the City
of Coral Gables is directly or indirectly interested therein. If any relatives of Consultant's officers or
employees are employed by the City, indicate name and relationship below.
Name: Relationship:
Name: Relationship:
1. No lobbyist or other consultant is to be paid on a contingent or percentage fee basis in connection
with the award of this Contract.
Company Name:
Consultant's Authorized Signature:
Subscribed and sworn to before me this day of , 20
Notary Public (Print, Type or Stamp name of Notary Public)
Personally known or Produced I.D.
Type and number of I.D. Produced:
Did take an oath, or Did not take an oath
RFQ 2015.09.04 Page 33 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"C" CITY OF CORAL GABLES
VENDOR DRUG-FREE STATEMENT
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have
a drug- free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects
all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
solicitation a copy of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under solicitation, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section. As the person authorized to sign the statement, I certify that this form complies fully with the
above requirements.
I hereby certify that the company submitting this solicitation has established a Drug Free work place program
in accordance with Sate Statute 287.087
CONSULTANT'S SIGNATURE
COMPANY'S NAME
RFQ 2015 09.04 Page 34 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"D" CITY OF CORAL GABLES
CONSULTANT'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all answers to
questions made hereinafter:
Company Name:
Address:
Street City State Zip Code
Telephone No: ( ) Fax No: ( ) Email:
How many years has your organization been in business under its present name? Years
If Consultant is operating under Fictitious Name,submit evidence of compliance with Florida Fictitious Name,
Statue:
Under what former names has your business operated? :
At what address was that business located?
Are You Certified? Yes No If Yes,ATTACH COPY of Certification.
Are You Licensed? Yes No If Yes,ATTACH COPY of License
Has your company or its senior officers ever declared bankruptcy?
Yes No If yes,explain:
Please identify each incident within the last five (5) years where (a) a civil, criminal, administrative, other
similar proceeding was filed or is pending, if such proceeding arises from or is a dispute concerning the
Consultant's rights, remedies or duties under a contract for the same or similar type services to be
provided under this RFQ;
Have you ever been debarred or suspended from doing business with any government entity?
Yes No If Yes, explain
RFQ 2015.09.04 Page 35 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"D" (Continued) CITY OF CORAL GABLES
CONSULTANT'S QUALIFICATION STATEMENT
Signature of party authorized to sign on behalf of firm:
Print or type name of person signing
Title of person signing
Subscribed and sworn to before me this day of , 20
Notary Public
(Print, Type or Stamp name of Notary Public)
Personally known or Produced I.D.
Type and number of I.D. Produced:
Did take an oath, or Did not take an oath
Please attach additional sheets if a more comprehensive explanation is desired.
RFQ 2015.09.04 Page 36 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE "E" CITY OF CORAL GABLES
STATEMENT OF NO-RESPONSE
NOTE: If you do not intend to propose on this RFQ, please return this form immediately. Failure to return
this form may result in your name being removed from the list of qualified Respondents for the City of Coral
Gables. Please indicate Statement of Qualifications name and number on the outside of the envelope.
MAIL TO: CITY OF CORAL GABLES
2800 S.W. 72nd AVENUE
MIAMI, FL 33155
ATTN: PROCUREMENT DIVISION—RFQ 2015.09.04
We,the undersigned have declined to respond for the following
reason:
Insufficient time to respond to the Request from Statement of Qualifications.
We do not offer these services or an equivalent.
Our schedule would not permit us to perform.
Unable to meet specifications.
Unable to meet Bond requirements.
Specifications unclear(explain below).
Unable to meet insurance requirements.
Other(specify below)
REMARKS:
COMPANY NAME:
SIGNATURE:
ADDRESS:
TELEPHONE NO.
FAX NO.
EMAIL ADDRESS:
RFQ 2015.09.04 Page 37 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"F" CITY OF CORAL GABLES
CODE OF ETHICS . CONFLICT OF INTEREST.AND CONE OF SILENCE
THIS FORM SHOULD BE COMPLETED BY PERSON RECEIVING THIS RFQ AND INCLUDED IN
YOUR SUBMITTAL
CODE OF ETHICS, CONFLICT OF INTEREST,AND CONE OF SILENCE
THESE SECTIONS OF THE CITY CODE CAN BE FOUND ON THE
CITY'S WEBSITE, UNDER GOVERNMENT, CITY DEPARTMENT,
PROCUREMENT, PROCUREMENT LINKS, ORDINANCE NO. 2009-
53; SEC 2-1055; SEC 2-677; AND SEC 2-1059, RESPECTIVELY.
IT IS HEREBY ACKNOWLEDGED THAT THE ABOVE NOTED SECTIONS
OF THE CITY OF CORAL GABLES CITY CODE ARE TO BE
ADHERED TO PURSUANT TO THIS SOLICITATION NO.2015.09.04
Printed Name:
Signature:
Name of Firm:
Date:
RFQ 2015.09.04 Page 38 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"G" CITY OF CORAL GABLES
AMERICANS WITH DISABILITIES ACT(ADAI
DISABILITY NONDISCRIMINATION STATEMENT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted
(print name of public entity)
by
(print individual's name and title)
(individual's signature)
for
(print name of entity submitting sworn statement)
whose business address is:
and(if applicable)its Federal Employer Identification Number(FEIN)
(If the entity has not FEIN, include Social Security Number of the individual signing this sworn statement:
I, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agreed to continue
to comply with, and assure that any sub-contractor, or third party contractor under this project
complies with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and service, transportation,
communications, access to facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101,12213
and 47 U.S.C. Sections 225 and 661 including Title I, Employment; Title 11, Public Services; Title Ill,
Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Sections 5553.501-
553.513, Florida Statutes
The Rehabilitation Act of 1973, 229 U.S.C. Section 794
The Federal Transit Act, as amended,49 U.S.C. Section 1612 The Fair
Housing Act as amended,42 U.S.C. Section 3601-3631
Subscribed and sworn to before me this day of , 20
Notary Public (Print, Type or Stamp name of Notary Public)
Personally known or Produced I.D.
Type and Number of ID Produced
Did take an oath or Did not take oath
RFQ 2015.09 04 Page 39 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE "H" CITY OF CORAL GABLES
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
(print name of the public entity]
by
(print individual's name and title
for
(print name of entity submitting sworn statement]
Whose business address is:
and (if applicable)its Federal Employer Identification Number(FEIN)
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
2. I understand that a "public entity crime" as define in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any Proposal or contract for goods
or services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy,or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
; aa, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an"affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement, shall be a prima facie case that one
person controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
RFQ 2015.09.04 Page 40 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which Proposals or applies to Proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts
or applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity subsequent
to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list.
(attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Subscribed and sworn to before me this day of , 20
Notary Public (Print, Type or Stamp name of Notary Public)
Personally known or Produced I.D.
Type and Number of ID Produced
Did take an oath or Did not take oath
RFQ 2015.09.04 Page 41 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
SCHEDULE"I"CITY OF CORAL GABLES
Acknowledgement of Addenda
Request for Qualifications(RFQ)No 2015.09.04
SUBMITTED TO: City of Coral Gables
Procurement Division
2800 SW 72 Avenue
Miami, Florida 33155
1. The undersigned agrees, if this RFQ is accepted, to enter in a Contract with the CITY to
perform and furnish all work as specified or indicated in the RFQ and Contract Documents
within the Contract time indicated in the RFQ and in accordance with the other terms and
conditions of the solicitation and contract documents.
2. Acknowledgement is hereby made of the following Addenda, if any (identified by number)
received since issuance of the Request for Qualifications.
Addendum No. Date Addendum No. Date
Addendum No. Date Addendum No. Date
Addendum No. Date Addendum No. Date
RFQ 2015.09.04 Page 42 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
Addendum No. Date
3. Company Legal name:
Address:
City/State/Zip:
Telephone No./Fax No.:
E-mail:
Signature
Title:
(Print Name)
RFQ 2015.09 04 Page 43 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
ATTACHMENT DRAFT
PROFESSIONAL SERVICES
AGREEMENT
RFQ 2015.09.04 Page 44 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT is made as of this day of
, 2015, between the City of Coral Gables (hereinafter called the City"), and
(hereinafter called the "Professional ").
RECITALS
WHEREAS, the City desires to enter into an agreement with the Professional to
provide basic environmental and engineering design services to the City ; and
WHEREAS, the City having investigated the qualifications of the Professional to
perform the services herein contemplated and found those qualifications satisfactory;
and
WHEREAS, the Professional having examined the scope of the services
required hereunder and having expressed desire and willingness to provide such
services and having presented qualifications to the City in support of those expressed
desires; and
WHEREAS, the Professional agrees to accept this Agreement upon the terms
and conditions hereinafter set forth; and
NOW, THEREFORE, in consideration of the promises and the mutual covenants
herein contained, the City agrees to retain the Professional to provide environmental and
engineering design services to the City.
I. GENERAL PROVISIONS
This Agreement incorporates and supersedes all previous agreements, written
and oral, and all prior and contemporaneous communications between the parties,
regarding this subject. The City reserves the right to initiate change to any provision of
this Agreement. All such changes shall be accomplished only by mutually signed
Amendments.
The Professional shall perform the services as specifically stated in the Scope of
Services, which is attached hereto and incorporated herein as Exhibit A, and as may be
specifically designated and authorized by the City.
1.1 Engagement. The City agrees to engage the Professional for a period
specified in paragraph 1.2, and the Professional agrees to accept such engagement and
to perform such services for the City upon the terms, and subject to the conditions set
forth herein.
1.2 Agreement Period. The terms of the Agreement (the "Professional
Period") shall commence and shall continue thereafter for a
. This period may be extended upon mutual agreement between
the City and the Professional, for an or until terminated by the City
upon 30 days written notice to the Professional, in accordance with the notice
requirements contained in Section XIII.
RFQ 2015.09.04 Page 45 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
1.3 Duties and Responsibilities/Priority of Interpretation. The Code and any
City resolutions take precedence over this agreement and its exhibits. This document
without exhibits is referred to as the "Base Agreement." In the event of any conflict or
inconsistency in the definition or interpretation of any word, responsibility, schedule, or
the contents or description of any task, deliverable, service, or other work, or otherwise,
between the Base Agreement and the exhibits, or between exhibits, such conflict or
inconsistency shall be resolved by giving precedence first to the body of this Base
Agreement, and then to the exhibits according to the following priority:
a) City Resolution and applicable Code provisions;
b) City Request for Qualifications (RFQ)
c) Professional 's Response to RFQ
d) Insurance Certificates
e) Professional 's Exceptions to Terms and Conditions
During the Agreement Period, the Professional will serve as a Consultant to the City and
will assist the City in the Scope of Services (Section 2.0) with the terms, conditions and
specifications contained in this Request for Qualifications (RFQ). The Professional shall
serve as a consultant to the City departments to recommend contract awards to best
meet overall community short-term and long-term goals, pursuant to Request for
Qualifications 2015.09.04 (Attached hereto).
1.4 Background Investigation_ The Professional agrees that all employees
including the Professional may be subject to an annual background investigation.
1.5 Polygraph Examination. The Professional agrees to submit to polygraph
examinations at the request of the Director or designee.
1.6 Medical, Drug Screening and Check-ups. All Professionals, their
employees, agents and sub consultants must satisfactorily complete the City's pre-
placement medical and drug screening examinations and be certified as drug free as
well as abide by the City's Drug Free Work Place Policy at Professional 's expense. The
City may require that the Professional and/or their employees, agents and sub
consultants performing services for the City submit to a yearly medical and drug screen
examination, at Professional's expense.
1.7 Drug Testing. The Professional agrees to submit to unannounced drug
testing at the request of the Director or designee.
1.8 Driver's License. At City's option, the Professional must provide a valid
Florida Driver's License or appropriate commercial driver's license for each employee,
agent or sub consultant and be willing and able to operate any required vehicles as
authorized by the City. Evidence of compliance with the Defensive Driving Course must
be submitted to the City prior to operating a City vehicle or any vehicle where patrons or
children are passengers. Individuals must be approved by the Risk Management
Division of the City prior to the operation of a City owned vehicle and/or privately owned
vehicles while conducting City business. The City reserves the right to request the
employee/agent's driving record from the State of Florida, at Professional's expense.
1.9 Confidential Information. The Professional agrees that any information
received by the Professional for the City and in providing services in accordance with
RFQ 2015.09.04 Page 46 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
this Agreement which is not publicly available, shall not be revealed to any other
persons, firm or organizations.
1.10 Most Favored Public Entity. The Professional represents that the prices
charged to City in this Agreement do not exceed existing prices to other customers for
the same or substantially similar items or services for comparable quantities under
similar terms and conditions. If Professional's prices decline, or should Professional, at
any time during the term of this Agreement, provide the same goods or services to any
other customer at prices below those set forth herein, then such lower prices shall be
immediately extended to the City.
II. PROFESSIONAL SERVICES
2.1 Basic Services. The duties and responsibilities are outlined in the RFQ.
2.2 Reporting. The Professional shall comply with the necessary reporting
requirements as outlined by the Director or designee for review. In addition, the
Professional shall submit a monthly report to the Director or designee, which shall
include detailed information regarding the activities of the Professional during the
previous month.
2.3 Availability of Professional. The Professional shall make all documents
available 24 hours a day, 7 days a week, 365 days a year, in order to satisfy the City's
emergency demands for continued, non-interrupted service.
III. COMPENSATION
3.1 Basic Compensation. In full consideration of the services of the
Professional hereunder, the Professional shall be paid at a rate stipulated for each of the
services described on the RFQ pricing schedule; here attached. The City reserves the
right to contract with the Professional for additional services. Any increase in the agreed
upon amount shall be approved by the Procurement Division or designee, and shall be
in accordance with applicable City and State regulations.
3.2 Expenses. As part of, and in addition to the basic compensation
described in this Agreement, the City shall provide the Professional with no additional
compensation for any services performed in fulfilling the requirements of this Agreement.
All additional requested expenses must be pre-approved through the Director or
designee.
IV. INDEPENDENT CONTRACTOR AND PROFESSIONAL
HOLD HARMLESS PROVISIONS
4.1 Independent Contractor and Professional. The Professional
acknowledges entering into this Agreement as an independent Contractor and
Professional, and that the Professional shall therefore be responsible for the deposit and
payment of any Federal Income Taxes, FICA, Unemployment Taxes or any similar fees
or taxes that become due, and shall be responsible for the collection and payment of all
withholdings, contributions and payroll taxes relating to Professional's services, or those
of employees of the Professional. The City shall not withhold from sums payable to the
Professional , any amount whatsoever for Federal Income Taxes, FICA, Unemployment
Insurance Taxes or any similar fees or taxes. The Professional, their employees or
RFQ 2015.09.04 Page 47 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
agents, will not be considered an employee of the City or entitled to participate in plans,
distributions, arrangements or other benefits extended to City employees.
4.2 Agency. Nothing herein shall imply or shall be deemed to imply an
agency relationship between the City and Professional.
4.2.1 Professional warrants that it fully complies with all Federal statutes and
regulations regarding the employment of undocumented workers and others and that all
employees performing work under this Agreement meet the citizenship or immigration
status requirements set forth in Federal statutes and regulations. Professional shall
indemnify, defend, and hold harmless City, its officers and employees from and against
any sanctions and any other liability which may be assessed against Professional or City
in connection with any alleged violation of any Federal statutes or regulations pertaining
to the eligibility for employment of any persons performing work hereunder.
4.2.2 The employees and agents of each party, shall while on the premises of
the other party, comply with all rules and regulations of the premises, including, but not
limited to, security requirements.
4.2.3 Indemnification and Hold Harmless. To the fullest extent permitted by
laws and regulations, the Professional shall defend, indemnify, and hold harmless the
City, its elected and appointed officials, attorneys, administrators, consultants, agents,
and employees from and against all claims, damages, losses, and expenses direct,
indirect, or consequential (including but not limited to fees and charges of attorneys and
other Professional's and court and arbitration costs) arising out of or resulting from the
performance of the work and caused in whole or in part by either (i) any willful,
intentional, reckless, or negligent act or omission of Professional , any sub consultant,
or any person or organization directly or indirectly employed by any of them to perform
or furnish any of the work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder and
regardless of the negligence of any such indemnified party, or (ii) any willful, intentional,
reckless, or negligent act or omission of any individual or entity not a party to this
agreement, or (iii) any negligent act or omission of the City or the City's officers, agents,
or employees. The parties expressly agree that this provision shall be construed broadly,
and Professional's obligations to pay for the City's legal defense hereunder shall arise
and be fully enforceable when Professional (or any sub consultant or any person or
organization directly or indirectly employed by Professional) is alleged to have acted
willfully, intentionally, recklessly, or negligently in the performance of the work required
under this Agreement. Any failure of Professional to comply with the terms of this
provision shall be deemed a material breach of this Agreement and may subject
Professional to debarment from consideration for future award of city contracts pursuant
to Section 2-952(4) of the City of Coral Gables Code of Ordinances. This provision shall
survive termination of the Agreement.
4.2.4 In any and all claims against the City or any of its elected and appointed
officials, consultants, agents, or employees by any employee of Professional , any sub
consultant, any person or organization directly or indirectly employed by any of them to
perform or furnish any of the work or anyone for whose acts any of them may be liable,
the indemnification obligation under the above paragraph shall not be limited in any way
by any limitation on the amount or type of damages, compensation, or benefits payable
by or for Professional or any such sub consultant or other person or organization under
workers' or workman's compensation acts, disability benefit acts, or other employee
RFQ 2015.09.04 Page 48 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
benefit acts. Moreover, nothing in this Indemnification and Hold Harmless provision
shall be considered to increase or otherwise waive any limits of liability, or to waive any
immunity, established by Florida Statutes, case law, or any other source of law.
V. INSURANCE
5.1 Without limiting Professional's indemnification of the City, and during the
term of this Agreement, Professional shall provide and maintain at its own expense the
below described programs of insurance. Such programs and evidence of insurance
shall be satisfactory to the City and shall be primary to and not contributing with any
other insurance or self-insurance program maintained by the City. Certificates or other
evidence of coverage shall be delivered to:
City of Coral Gables
Insurance Compliance
PO Box 12010 -CE
Hemet, CA 92546-8010
Such certificates or other evidence of coverage shall be delivered prior to commencing
performance under this Agreement, and shall specifically identify this Agreement, and
shall contain the express condition that the City is to be given advance written notice by
receipted delivery at least thirty(30) days in advance of any cancellation, non-renewal or
material change of the insurance policy.
5.2 The Professional shall maintain during the terms, except as noted, of this
Agreement the following insurance:
a. Professional Liability Insurance with a limit of liability no less than
$1,000,000 per occurrence with a deductible per claim, if any, not to exceed 5% of the
limit of liability providing for all sums which the Respondent shall become legally
obligated to pay as damages for claims arising out of the services performed by the
Respondent or any person employed, contracted and/or subcontracted in connection
with this Agreement. This insurance shall be maintained for three (3) years after any
work covered by this Agreement.
b. Comprehensive general liability insurance with broad form endorsement
or equivalent, including automobile liability, completed operations and products liability,
contractual liability, severability of interests with cross liability provision, and personal
injury and property damage liability with limits no less than $1,000,000 per occurrence
for bodily injury and property damage, and $2,000,000 in the aggregate. Said policy or
policies shall name City as additional insured on a primary and non-contributory basis
and shall reflect the hold harmless provision contained herein.
c. Worker's Compensation Insurance for all employees of Professional as
required by Florida Statutes Section 440, and employer's liability insurance with limits
not less than, $1,000,000
d. Automobile Liability insurance covering all owned, non-owned and hired
vehicles used in connection with the performance of the work in an amount not less than
$1,000,000 combined single limit per occurrence for bodily injury and property damage.
RFQ 2015.09.04 Page 49 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
e. Other (or increased amounts of) insurance which City shall from time to
time deem advisable or appropriate. Such new or additional insurance to be effective as
of the sooner of ninety (90) days after notice thereof or the next annual renewal of any
policy being increased (as applicable).
f. All policies shall contain waiver of subrogation, except Professional
Liability, against City where applicable, and shall expressly provide that such policy or
policies are primary over any other collective insurance the City may have.
g. All of the above insurance is to be placed with insurance companies with
an A.M. Best or equivalent rating of "A-", "VI" or better, qualified to do business under
laws of the State of Florida.
h. The City shall be named as an additional insured on a primary and non-
contributory basis for the General and Auto Liability Policies. Said policies shall contain a
"severability of interest or "cross liability" clause without obligation for premium payment
of the City. The City reserves the right to request a copy of required policies for review.
All insurance policies shall provide for thirty (30) days [ten (10) days for
non-payment of premium] advance written notice to City prior to cancellation, non-
renewal or material change.
j. The Professional shall furnish Certificates of Insurance to the Risk
Management Division of the Human Resources Department prior to the commencement
of operations or policy termination, which certificates shall clearly indicate that the City is
named as and additional insured on a primary and non-contributory basis and that the
Professional has obtained insurance in the type, amount and classification required for
strict compliance with this Section and that no material change, cancellation or non-
renewal of this insurance shall be effective without thirty (30) days advance written
notice to the City.
5. 3 Failure on the part of the Professional to obtain and maintain all required
insurance coverage is a material breach upon which the City may, in its sole discretion,
immediately suspend Professional's performance or terminate this Agreement.
VI. SOVEREIGN IMMUNITY
6. The Professional acknowledges that the Florida Doctrine of Sovereign
Immunity bars all claims by Professional against the City other than claims arising out of
this Agreement. Specifically, the Professional acknowledges that it cannot and will not
assert any claims against the City, unless the claim is based upon a breach by the City
of this Agreement. The Professional acknowledges that this Agreement in no way estops
or affects the CITY's exercise of its regulatory authority. In addition, the CITY retains the
full extent of its sovereign immunity in relation to the exercise of its regulatory authority.
The PROFESSIONAL acknowledges that it has no right and will not make claim based
upon any of the following:
a. Claims based upon any alleged breach by the CITY of implied warranties
or representations not specifically set forth in this Agreement, as the
parties stipulate that there are no such implied warranties or
representations of the CITY. All obligations of the CITY are only as set
forth in this Agreement;
RFQ 2015.09.04 Page 50 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners,
attorneys, administrators, consultants, agents, or any CITY
employee;
d. Claims based upon an alleged waiver of any of the terms of this
Agreement unless such waiver is in writing and signed by an authorized
representative for the CITY and PROFESSIONAL.
VII. STANDARD OF CARE
7.1 The Professional shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily provided by a comparable
Professional under similar circumstances and the Professional shall, at no additional
cost to the City, re-perform services which fail to satisfy the foregoing standard of care.
7.2 The Professional warrants that all services shall be performed by skilled
and competent personnel to the highest Professional standards in the field.
VIII. NON-DISCRIMINATION
8.1 EEO and ADA: The Professional must be and remain in compliance with
all local, state and federal Equal Employment Opportunity (EEO) and American
Disabilities Act (ADA) requirements.
8.2 It is understood that the Professional shall not discriminate against any
employee in the performance of the contract with respect to hire, tenure, terms,
conditions or privileges of employment, or any other matter directly or indirectly related
to employment because of age, marital status, race, color, religion, national origin, sex,
or disability.
8.3 City Policy Regarding Conduct. All Professionals, their employees, agents
and sub consultants must abide by the City's policies regarding conduct. Discrimination,
harassment, and/or violations of City policies will not be tolerated and are grounds for
termination of the Agreement without harm to the City or its employees.
IX. CONFLICT OF INTEREST
9.1 The Professional represents that it has provided a list of all current clients
subject to the jurisdiction of the City. Any potential or actual conflict between private
interests and responsibilities under this Agreement shall be immediately disclosed to the
City. The Professional agrees that it will not enter into any agreements during the term of
this Agreement to provide services for any person or corporation who applies for a
permit or other development approval from the City. Upon request of the Professional,
and full disclosure of the nature and extent of the proposed representation, the City
Manager or his designee shall have the authority to authorize such representation during
the term of this Agreement.
X. CONFIDENTIALITY
10.1 Subject to the requirements of Chapter 119 of the Florida Statutes, no
reports, information, computer programs, documentation, and/or data given to or
prepared or assembled by the Professional under this Agreement shall be made
RFQ 2015.09.04 Page 51 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
available to any individual or organization by the Professional without prior written
approval of the City.
XI. OWNERSHIP OF DOCUMENTS
11.1 Any and all documents, records, disks, or other information shall become
the property of the City for its use and/or distribution as may be deemed appropriate by
the City.
XII. TRUTH-IN-NEGOTIATION CERTIFICATE
12.1 Execution of this Agreement by the Professional shall act as the
execution of a truth-in-negotiation certificate certifying that the wage rates and costs
used to determine the compensation provided for in this Agreement are accurate,
complete, and current as of the date of the Agreement.
12.2 The said rates and costs shall be adjusted to exclude any significant
sums should the City determine that the rates and costs were increased due to
inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of
fees paid to outside consultants. The City shall exercise its rights under this "Certificate"
within one (1)year following payment.
XIII. NOTICE
13.1 Any notice, request, instruction or other document required or permitted
to be given hereunder by either party hereto to the other shall be in writing, and
delivered personally, or sent by certified or registered mail, postage prepaid, return
receipt requested, to the address set forth for such party at the bottom of this
Agreement. Any notice so given shall be deemed received when personally delivered or
three (3) business days after mailing. Any party may change the address to which
notices are to be sent by giving notice of such change of address to the other party in
the manner herein provided for giving notice. Notice as to the City of Coral Gables shall
be to:
City Manager
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
cc: City Attorney
Notice as to the Professional shall be to:
XIV. DEFAULT AND TERMINATION
14.1 The City may terminate this Agreement for convenience at any time by
providing thirty (30) days written notice to the Professional. In the event of a termination
for cause, due to the Professional 's failure to perform in accordance with the terms of
this Agreement or the Professional 's repudiation of this Agreement by word or conduct,
The City may immediately terminate the Agreement and the Professional shall be paid
any sums otherwise due and owing under this Agreement only after City has completed
the work called for by this Agreement with other forces, and has deducted the cost of
such work, and any other damages payable to City, from any contract balance otherwise
RFQ 2015.09.04 Page 52 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
due and owing to the Professional under this Agreement. In the event of a termination
for convenience, the Professional shall be paid for all services performed through the
date of termination, based on the percentage of services completed (subject to
applicable setoff rights) and the Professional shall not be entitled to any other
compensation or damages from the City. If, after notice of termination for cause, it is
determined for any reason that Professional was not in default, the rights and obligations
of the City and the Professional shall be the same as though the termination had been a
termination for convenience. In no event shall the City be liable to Professional for lost
profits on any work not performed, overhead, or any other type of consequential, special
or indirect damages, and Professional hereby waives the same. Professional may
terminate this Agreement due to the City's failure to comply with the material terms of
this Agreement after giving City thirty(30) days written notice of its purported default and
a reasonable opportunity to cure. Upon termination of this Agreement, all schematics,
designs, plans, specifications, documents, records, disks, or other information (including
electronic copies) produced or developed by Professional or sub consultants, whether
finished or not, shall become City property. Failure to timely deliver the documentation
shall be cause to withhold any payments due, without recourse by the Professional, until
all documentation is delivered to the City.
XV. UNCONTROLLABLE FORCES
15.1 Neither the City nor Professional shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming
party could not avoid. The term "Uncontrollable Forces" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storm, lighting, epidemic, war, riot,
civil disturbance, sabotage, and governmental action.
15.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces which are preventable, removable, or remediable, and
which the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
XVI. MODIFICATION
16.1 This Agreement may not be amended or modified unless in writing and
signed by both parties.
XVII. ASSIGNMENT AND SUBCONTRACTING
17.1 This Agreement and the rights of the Professional and obligations
hereunder may not be assigned, delegated or subcontracted by the Professional without
the express prior written consent of the City. Any assignment, delegation or subcontract
without such express prior written consent shall be null and void and shall constitute a
RFQ 2015.09.04 Page 53 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
material breach of this Agreement, upon which the City may immediately terminate the
Agreement in accordance with the provisions of paragraph 13.1 (Termination by
Default). The City may assign its rights, together with its obligations hereunder.
XVIII. AUDITS
18.1 The Professional shall maintain accurate and complete financial records
of its activities and operations relating to this Agreement in accordance with generally
accepted accounting principles. Professional shall maintain adequate records to justify
all charges and costs incurred in performing the services for at least three (3) years after
completion of this Agreement. Professional shall also maintain accurate and complete
employment and other records relating to its performance of this Agreement.
Professional agrees that City, or its authorized representatives, shall have access to and
the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity,
or records relating to this Agreement. All financial records, timecards and other
employment records, and proprietary data and information shall be kept and maintained
by Professional and made available to the City during the terms of this Agreement and
for a period of three (3) years thereafter unless City's written permission is given to
dispose of any such material prior to such time. All such materials shall be maintained
by Professional at a location in Miami-Dade County, Florida, provided that if any such
material is located outside Miami-Dade County, then, at City's option Professional shall
pay City for travel, per diem, and other costs incurred by City to examine, audit, excerpt,
copy or transcribe such material at such other location. The City shall have access to
such books, records, and documents as required in this section for the purpose of
inspection or audit during normal working business hours at the Professional's place of
business.
In the event that an audit is conducted by Professional specifically regarding this
Agreement by any Federal or State auditor, or by any auditor or accountant employed by
Professional, then Professional shall file a copy of the audit report with the City's Auditor
within thirty (30) days of Professional's receipt thereof, unless otherwise provided by
applicable Federal or State law. City shall make a reasonable effort to maintain the
confidentiality of such audit report(s).
Failure on the part of Professional to comply with the provisions of this
Paragraphshall constitute a material breach upon which the City may terminate or
suspend this Agreement.
18.2 City Audit Settlements. If, at any time during or after the term of this
Agreement, representatives of the City conduct an audit of Professional regarding the
work performed under this Agreement, and if such audit finds that City's dollar liability for
any such work is less than payments made by City to Professional, then the difference
shall be either repaid by Professional to City by cash payment upon demand or, at the
sole option of City, deducted from any amounts due to Professional from City. If such
audit finds that City's dollar liability for such work is more than the payments made by
City to Professional, then the difference shall be paid to Professional by cash payment.
XIX. AVAILABILITY OF FUNDS
19.1 The obligations of the City under this Agreement are subject to the
availability of funds lawfully appropriated for its purpose by the City Commission.
RFQ 2015.09.04 Page 54 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
XX. COMPLIANCE WITH LAWS
20.1 In performance of the services, the Professional will comply with
applicable regulatory requirements, including federal, state, special district, and local
laws, rules, regulations, orders, codes, criteria, and standards. It shall be the
responsibility of the Professional to obtain and maintain, at no cost to the City, any and
all license and permits required to complete the services provided pursuant to this
Agreement.
20.2 Conflict of Interest. Professional covenants that no person employed by
the Professional which exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests direct or indirect with the City.
Professional further covenants that, in the performance of this Agreement, no person
having a conflicting interest shall be employed. Any such interests on the part of
Professional or its employees must be disclosed in writing to City.
20.3 Professional is aware of the conflict of interest code of the City of Coral
Gables, the Conflict of Interest and Code of Ethics of Miami-Dade County, Florida,
Section 2-11.1 et seq., and the Ethics Laws of the State of Florida, and agrees that it
shall fully comply in all respects with the terms of said laws.
XXI. FEDERAL AND STATE TAXES
21.1 The City is exempt from Federal Tax and State Sales and Use Taxes.
Upon request, the City will provide an exemption certificate to the Professional. The
Professional shall not be exempted from paying sales tax to its suppliers for materials to
fulfill the contractual obligations with the City, nor shall the Professional be authorized to
use the City's Tax Exemption Number in securing such materials.
XXII. SUCCESSORS AND ASSIGNS
22.1 The City and the Professional each binds itself and its partners,
successors, assigns, and legal representatives to the other party to this Agreement and
to its partners, successors, executors, administrators, assigns, and legal
representatives. The Professional shall not assign this Agreement without the express
written approval of the City via executed amendment.
XXIII. CONTINGENT FEES
23.1 The Professional warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Professional,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for the Professional, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement.
XXIV. ENTIRETY OF AGREEMENT
24.1 The City and the Professional agree that this Agreement sets forth the
entire agreement between the parties, and that there are no promises or understandings
other than those stated herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters, or other communications
RFQ 2015.09.04 Page 55 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
between the City and the Professional pertaining to the services, whether written or oral.
None of the provisions, terms, and conditions contained in this Agreement may be
added to, modified, superseded, or otherwise altered, except by written instrument
executed by the parties hereto.
XXV. COUNTERPARTS
25.1 This Agreement may be executed simultaneously in several counterparts,
each of which will be an original, but all of which together will constitute one and the
same instrument.
XXVI. WAIVER
26.1 A waiver by either the City or the Professional of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver is in writing.
In the event of a written waiver, such a waiver shall not affect the waiving party's rights
with respect to any other or further breach. The making or acceptance of a payment by
either party with knowledge of the existence of a default or breach shall not operate or
be construed to operate as a waiver of any subsequent default or breach.
XXVII. SEVERABILITY, SURVIVAL
27.1 If any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provision had been severed and deleted.
XXVIII.GOVERNING LAW AND VENUE
28.1 The laws of the State of Florida shall govern this Agreement. Any and all
legal action necessary to enforce the Agreement will be held in Miami-Dade County, and
the Agreement will be interpreted according to the laws of Florida.
28.2 The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way effect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from the
Agreement, and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as dose as possible to the intent of the stricken provision.
28.3 The provisions of this section shall not prevent the entire Agreement from
being void should a provision, which is of the essence of the Agreement, be determined
to be void.
XXIX. TIME IS OF THE ESSENCE
29.1 Time is of the Essence. If any anticipated or actual delays arise,
Professional shall immediately so notify the City. Regardless of notice if services or
deliveries are not made at the time agreed upon, the City may, at its sole discretion,
RFQ 2015.09.04 Page 56 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
terminate this Agreement and proceed pursuant to Paragraph 13.1 (Termination by
Default).
XXX. WAIVER OF TRIAL BY JURY
30.1 THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO EXHAUST
ALL ADMINISTRATIVE REMEDIES BEFORE FILING A LAWSUIT IN CIVIL COURT TO
RESOLVE THE DISPUTE. CITY AND CONTRACTOR HEREBY KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND 8INTENTIONALLY WAIVE ANY RIGHT EITHER
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR
COUNTERCLAIM BASED UPON THE CONTRACT DOCUMENTS, OR ARISING OUT
OF , UNDER, OR IN CONNECTION WITH, THE CONSTURCTION OF THE WORK, OR
ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER
VERBAL OR WRITTEN), OR ACTIONS OF ANY PARTY.
XXXI. FLORIDA PUBLIC RECORDS LAW
FLORIDA STATUTES CHAPTER 119, et seq.
31.1 Records subject to the provisions of Public Record Law, Florida Statutes
Chapter 119, shall be kept and maintained in accordance with such Statute. Supplier
acknowledges that records and books, not subject to exemption under Chapter 119, may
be disclosed and/or produced to third parties by the City in accordance with requests
submitted under Chapter 119 or court orders without penalty or reprisal to the City for
such disclosure and/or production. Supplier also agrees to assert, in good faith, any
relevant exemptions provided for under Chapter 119 for records in its possession on
behalf of the City. Furthermore, Supplier agrees to comply with the provisions outlined
in Section 119.0701 of the Florida Statutes, the requirements of which are incorporated
herein.
XXXII. HEADINGS
32.1 The headings contained in this Agreement are for reference purposes only
and shall not affect the meaning or interpretation of the Agreement.
RFQ 2015 09.04 Page 57 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Approved as to Insurance: AS TO CITY:
David J. Ruiz Catherine Swanson-Rivenbark
Risk Management Division City Manager
Approved by Department Head ATTEST:
or head of negotiations team as to
the negotiated business terms
Walter J. Foeman
City Clerk
Glenn Kephart
Director, Public Works
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Approved as to compliance with
Applicable Procurement Requirements:
Craig E. Leen
City Attorney
Michael P. Pounds,
Chief Procurement Officer
Approved as to Funds Appropriation:
Diana M. Gomez, Finance Director
ATTEST: AS TO PROFESSIONAL
Corporate Secretary President
Print Name:
Print Name:
(SEAL)
(OR)
WITNESSES (2):
Print Name:
Print Name:
RFQ 2015.09.04 Page 58 of 58
ENVIRONMENTAL ENGINEERING CONSULTANT