Res No 219-11-13533RESOLUTION NO.: 219-11-13533
A Resolution authorizing the City Manager to execute a professional service work
order with Palm Engineering Group, Inc. in the amount of $11,060.00 for the Sunset
Drive Median Improvements project to be charged to the People's Transportation Tax
Fund Account Number 124 - 1730 -541 -6490.
WHEREAS, the Mayor and City Commission wishes to design and install median improvements along
Sunset Drive between SW 57th Avenue and SW 58th Avenue.
WHEREAS, pursuant to an evaluative process, it was determined that Palm Engineering Group, Inc.
submitted a proposal in the amount of $11,060.00 that is comprehensive and cost effective in its design
approach. TY Lin International / HJ Ross and EAC Consulting Inc. submitted proposals of $12,660.00 and
$19,348.06 respectively.
WHEREAS, the work shall consist of project management, engineering design, permitting and
construction administration and inspection.
WHEREAS, The expenditure is to be charged to the People's Transportation Tax Fund Account
Number 124- 1730 - 541 -6490 with an account balance of $707,750.00 before this request was made.
WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute a
professional service work order with Palm Engineering Group, Inc. for the Sunset Drive Median Improvements
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT.
Section 1: The City Manager is hereby authorized to execute a professional service work order
with Palm Engineering Group, Inc. for the Sunset Drive Median Improvements Project for an amount not to
exceed $11,060.00.
Section 2: The expenditure is to be charged to the People's Transportation Tax Fund Account
Number 124 - 1730 - 541 -6490 with an account balance of $707,750.00 before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this resolution.
Section 4. This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this 6th
ATTEST:
CITY CLERK
READ AND A PROVED AS TO
LANGUAGE, GALITY AND E
THE,REOF ..�1
CITY ATTORN
day of December 12011
APPROVED:
6
MAYO
COMMISSION VOTE: 4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
absent
Commissioner Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Harris:
Yea
Soul -, South Miami
CITY OF SOUTH MIAMI�ly ,ax
u OFFICE OF THE CITY MANAGER
�'i '° i7 t
5C49 INTER- OFFICE MEMORANDUM 3061
T
To:
The Honorable Mayor and Members of the y Commission
Via:
Hector Mirabile, Ph.D, City Manager ,
From:
Keith A, Ng, CFM, Operations Manager s
'
Public Works & Engineering and Const ction Di ion
Date:
November 18, 2011 Agenda Item No.:
Subject:
Approval and contract execution and issuance of a Professional Service Work Order for
Palm Engineering Group, Inc.
Resolution:
A Resolution authorizing the City Manager to execute a professional service work order
with Palm Engineering Group, Inc. in the amount of $11,060.00 for the Sunset Drive
Median Improvements project.
Request:
Authorizing the City Manager to execute a professional service work order with Palm
Engineering Group, Inc. for the Sunset Drive Median Improvements project.
Background:
As a part of the Capital Improvement Program's 5 -year Plan, it is the City's intent to
design and install median improvements along Sunset Drive between SW 57th Avenue
and SW 58'h Avenue. The work shall consist of project management, engineering
design, permitting and construction administration and inspection. The City reached
out to numerous design firms to discuss the scope of work and submission of a fee
proposal. Pursuant to an evaluative process, it was determined that Palm Engineering
Group, Inc. submitted a proposal that is comprehensive and cost effective in its design
approach.
Reason /Need:
It is the intent to design and install median improvements along Sunset Drive between
SW 571h Avenue and SW 58th Avenue. The work shall consist of project management,
engineering design, permitting and construction administration and inspection.
Cost:
$11,060.00
Funding Source:
The expenditure is to be charged to the People's Transportation Tax Fund Account
Number 124 - 1730 -541 -6490 with an account balance of $707,750.00 before this
request was made.
Backup Documentation:
❑ Proposed Resolution
❑ Professional Service Agreement
❑ Fee Proposals
i
f
PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this 29' day of December , 20 11 by and between the CITY OF SOUTH
MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and Palm Engineering Group, Inc.,
authorized to do business in the State of Florida, referred to as the "CONSULTANT ".
In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ
the CONSULTANT for a period ending on December 30, 2012 and the CONSULTANT agrees to perform all professional
services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic
construction costs does not exceed $1,000,000.00 or studies which do not exceed $50,000.00, herein after called the
"SERVICES ".
SECTION I - GENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in
paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3
Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or
for other miscellaneous engineering services that may be required.
A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves,
at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement
does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any
manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any
professional services for which proposals may be publicly solicited by the CITY outside of this agreement.
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the
WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the
WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed.
No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any
proposal.
1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining
to the WORK to be performed under this agreement promptly after each Notice to Proceed.
1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence
is required.
1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents
submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of
the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project
status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
SECTION 2 - PROFESSIONAL SERVICES
2.1 General Engineering Services
The professional services to be provided by the consultant are as follows:
A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices,
stripping, lighting, irrigation, speed reduction devices and incidental landscaping.
B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements,
preparation of paving and drainage plan for municipal building and facilities.
C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer
System Evaluation and design.
D. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to
mitigate underground storage tanks, hazardous waste materials and asbestos materials.
E. Traffic engineering Services will include daily volume counts, data analysis, preparation of conceptual
improvements plan, present reports and recommendations to stakeholders and preparation of final traffic
engineering report.
F. Other incidental services associated to the above items.
2.2 Basic Services
The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope
outlined below is applicable in its entirety to projects for which completed Basic Services are authorized.
Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering
services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that
of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete
WORK. The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and
specifications, which shall be prepared by, and be the responsibility of the respective disciplines.
2.2.1 Phase I- Preliminary and Schematic Design:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the
full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the
CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements.
B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program
requirements will be met.
C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project
Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies
(unless advised otherwise) as defined below, and the Statement of Probable Construction Cost.
D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each
Phase of the Project through design, bidding, construction, and proposed date of completion.
E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow -up of the Site (if
applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the
Project.
The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as
required to show the scale and relationship of the parts and the design concept of the whole. A simple
perspective sketch, rendering, model or photograph thereof may be provided to further show the design
concept.
G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval
when the project requires such approval. The Consultant shall make copies necessary for presentation to
the Board at no additional cost to City.
H. The CONSULTANT shall present the schematic design. studies to all the appropriate utility companies (such
as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities.
The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed
equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date,
Movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of
probable Total Project Costs and Construction Cost" are to be made on the basis of CONSULTANT'S
experience and qualifications and represent CONSULTANT'S best judgement as an experienced and
qualified professional engineer, familiar with the local construction industry and prices.
J. The CONSULTANT shall submit and present two (2)i copies of all documents required under this Phase,
without additional charge, for approval by the CITY and he shall not proceed with the next Phase until
directed by the CITY.
2.2.2 Phase 11— Study and Design Development:
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development
Documents, comprising the drawings, outline specifications and other documents to fix and describe the size
and character of the entire Project as to construction and finish materials and other items incidental thereto
as may be appropriate and applicable.
B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline
Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc.,
as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost
exceeds the allocated funds, feasible cost or scope reduction options shall be included.
C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase,
without additional charge, for approval by the CITY and not proceed with the next Phase until directed by
the CITY.
D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they
remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest
statement of Probable Construction Cost exceeds the total allocated funds.
2.2.3 Phase III — Final Design / Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction
Documents setting forth in detail the requirements: for the construction of the Project including the
Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and
Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI)
Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms,
Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all
existing City Specifications, for completeness prior to use and shall supply all needed additional
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and
dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper
( "D" size), on the City's standard sheet format, unless approved otherwise.
C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually
agreed upon electronic format, but generally as follows:
I. Non - drawing submittals in Microsoft Office format.
2. Drawings in AutoCAD format.
3. GIS files should be in ArcView format Version 3.2.
D. When the development of the drawings has progressed to at least 50% completion in Phase III, the
CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with
updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of
Probable Construction cost as indicated by time factor, changes in requirements, or general market
conditions and an updated Project Schedule.
E. The CONSULTANT shall not proceed with the further development until approval of the 50% documents
is received from the CITY. The CONSULTANT shall :make all changes to documents. The 50% complete
Check set shall be returned to the CITY.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable
Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or
the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction
within the funds available. l
G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a
final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of
drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments
or approvals.
H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as
Environmental Review Board, Historical Preservation Board etc.) for the final approval.
The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve
all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as
determined under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon
final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings
and specifications, for bidding purposes, unless instructed otherwise.
The CONSULTANT shall arrange for "dry runs" and /or make final submissions to appropriate authorities
(regulatory agencies to include and not limited to City,: County, State or Federal) as necessary, to ascertain
that the construction documents meet the necessary requirements to obtain all the necessary permits for
construction. CONSULTANT shall respond to all technical questions from regulatory agencies.
CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits.
2.2.4 Phase IV - Bidding and Negotiation Phase:
A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the
latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and
specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing
construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall
be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a
recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference
submitted by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid
Documents.
C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall
assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend
acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
I. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or
3. direct the CONSULTANT to revise the Prdjert scope or quality, or both, as approved by the
CITY and rebid the Project, or
4. suspend or abandon the Project, or
S. exercise all options under the City Charter and State Law.
NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in
obtaining re -bids, and awarding the re -bid of the project. Under item (3) above, the CONSULTANT shall, without
additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost
within the Total Allocated Funds. When the lowest responsible bid is over I S% of the CONSULTANT estimate.
E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the
CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of
bids by the CITY does not constitute cancellation of the project.
2.2.5 Phase V — General Administration of the Construction Contract:
A. The Construction Phase will begin with the award of the Construction Contract and will end when the
Contractor's final Payment Certificate is approved and paid by the CITY.
B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and
consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the
General Conditions and as modified in the Supplementary Conditions of the Construction Contract.
C. The CONSULTANT shall attend pre- construction meetings.
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress.
E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the
progress of the Project and to determine in general if the WORK is proceeding in accordance with the
Contract Documents. On the basis of on -site observations,, the CONSULTANT will use reasonable and
customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may
be required to provide continuous daily on -site observations to check the quality or quantity of the WORK
as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the
basis of the on -site observations, the CONSULTANT' will advise the CITY as to the progress of and any
observed defects and deficiencies in the WORK immediately in writing.
F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by
him during each visit to the WORK. He shall also note the general status and progress of the WORK, and
shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the
Contractor is making timely, accurate, and complete notations on record drawings.
G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall
determine the amount due the Contractor on account and he shall recommend approval of the Certificate
in such amounts. The recommendation of approval of a Payment Certificate shall constitute a
representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has
progressed to the point indicated, and the quality of the WORK is in accordance with the Contract
Documents subject to:
I. an evaluation of the WORK for conformance with the contract documents upon substantial
completion.
2. the results of any subsequent tests required by the contract documents.
3. minor deviations from the contract documents correctable prior to _ completion and
acceptance of the project.
H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not
conform, to the Contract Documents. Whenever, in:his reasonable opinion, he considers it necessary or
advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior
approval) to recommend special inspections or testing bf any WORK deemed not to be in accordance with
the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and
completed. i
I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of
the Contractor for conformance with the design concept of the Project and for compliance with the
Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without
concurrence with the CITY.
J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of
the Project initiated by others, and initiate proposed change orders as required by his own observations.
K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial
Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be
corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives
of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of
Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all
warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other
documents and certificates as may be required by applicable codes, laws, policy regulations and the
specifications, and deliver them to the CITY.
L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract
Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any
equipment or system, 2) initial start -up and testing, adjusting and balancing of equipment and systems, and, 3)
final clean -up of the project.
M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans"
for permit from Public Works.
2.2.6 Phase VI - Post Construction Administration
A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY,
outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK
operational in a safe and effective manner.
B. The CONSULTANT shall furnish to the CITY reproducible record drawings updated based on information
furnished by the Contractor: such drawings shall become the property of the CITY.
C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any
guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project
under terms of the guarantee /warranties for correction. He shall assist the CITY with the administration of
guarantee /warranties for correction of defective WORK that may be discovered during the said period.
D. The CONSULTANT shall furnish the City with a 3 -ring' binder labeled "Close -out Documents" that will
include as a minimum a copy of:
• Certificates of completion
• As- Builts (1/2 size)
• Test Results
• Daily construction inspection reports
• Progress meeting minutes
• Approved shop drawings
• Warranty manuals as applicable
• Final release of liens
• Final payment to contractor.
2.3 Additional Professional Services
Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and
construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of
Work given the CONSULTANT.
A. Special analysis of the CITY'S needs, and special programming requirements for a project.
B. Financial feasibility, life cycle costing or other special studies.
C. Planning surveys, site evaluations, or comparative studies of prospective sites.
D. Design services relative to future facilities, systems and equipment, which are not intended to be
constructed as part of a specific Project.
E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by the CITY.
F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material,
equipment and labor required for a Project.
G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction,
and furnishing professional services of the type set forth in Basic Services as may be required relative to
replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the
CONSULTANT.
H. Professional services made necessary by the default of the Contractor or by major defects in the WORK
under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the
CONSULTANT.
I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions
are inconsistent with written approvals or instruction previously given by the CITY and are due to causes
beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and
arrangement of spaces and /or scheme or any portion). '
J. The services of one or more full -time Project Representatives.
K. Preparing to serve or serving as an expert witness in 2connection with any arbitration proceeding or legal
proceeding in connection with a Project.
L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment,
except as otherwise required under Basic Services.
M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the
scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of
the CONSULTANT.
SECTION 3 - TIME FOR COMPLETION:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed
from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable
determination, stated in the said Notice to Proceed.
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the
Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render
performance of his duties impossible.
SECTION 4 - BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him
based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the
CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with
the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications,
beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs.
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.
A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY
and the CONSULTANT:
B. 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:
Category
Hourly Rate
Principal
Project Manager
$95
Senior Engineer
Project Engineer
$70
Construction Manager
Construction Inspection
$85
Senior Draftsman/Technical /CADD Operator
Draftsmen
Data Processing / Clerical
Hourly, rates will include all wages, benefits, overhead and profit.
SECTION-5 - PAYMENT AND PARTIAL PAYMENTS
The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed
during the previous calendar month. For design and construction projects where fee for each phase is not specified, such
payment shall, in the aggregate, not exceed the percentage of the estimatdd total Basic Compensation indicated below for each
phase:
15% upon completion and approval of Phase I.
35% upon completion and approval of Phase II.
55% upon submittal and approval of 50% complete drawings;and outline specifications of Phase III.
75% upon 100% completion and approval of Phases III and IV.
90% upon completion of the Project and approval of all WORK Phase V).
100% upon final completion and approval of WORK elements A and B of Phase VI.
The CONSULTANT shall submit an original invoice to the City's project representative.
The invoice shall contain the following information:
I. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified
by the CONSULTANT.
2. The request for payment shall include the following information:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
C. Percent of work completed.
d. Amount earned.
e. Amount previously billed.
f. Due this invoice.
g. Balance remaining
h. Summary of work done this billing period.
i. Invoice number and date.
3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the
WORK reflecting salaries and hourly rates.
SECTION 6 - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all
questions., difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution
and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims,
questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or
unreasonable: In the event that the CONSULTANT does not concur in the judgement of the representative as to any
decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City
Manager. Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the Industry
Arbitration Rules of the American Arbitration Association.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All -reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall
become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the
project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and
without liability and legal exposure to the CONSULTANT.
When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be
delivered to the CITY.
SECTION 8 - COURT APPEARANCES, CONFERENCES AND:HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without
additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be
mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of
written authorization from the CITY prior to performance of a court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to
interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such
errors and omissions or clarify without added compensation.
SECTION 9 - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered
when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the
CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said
CONSULTANT or his authorized representative.
SECTION 10 -AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the
execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to
assignments that are on a time and cost basis.
SECTION I I — SUBLETTING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent
of the CITY.
SECTION 12 -WARRANTY
The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee
working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any
company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage
fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract For breach or
violation of this warranty, the CITY shall have the right to annul this contract without liability.
SECTION 13 - TERMINATION OF AGREEMENT
It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue
Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for
those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to
be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination.
SECTION 14 - DURATION OF AGREEMENT
This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending December 3 I,
2011, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated
for the WORK, or unless otherwise terminated by mutual consent of the parties hereto.
SECTION IS -RENEWAL OPTION
This agreement may be renewed, at the sole discretion of the CITY, for an additional period of one year at the end of the
initial period.
SECTION 16 - DEFAULT
In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party
in_ default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed
professional services. In the event partial payment has been made for such professional services not completed, the
CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of
litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable
attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY
does not waive sovereign immunity from awards of prejudgment interest.'
SECTION 17 - INSURANCE AND INDEMNIFICATION '
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY.
The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions
arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the
CONSULTANT'S professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any
nature whatsoever, in connection therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may
result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts
of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub -
consultants, the registered professionals under this Agreement.
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed
5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to
pay as damages for claims arising out of the services performed by the CONSULTANT or any person
employed by him in connection with this Agreement. This insurance shall be maintained for three years
after completion of the construction and acceptance of any Project covered by this Agreement. However,
the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including automobile liability,
completed operations and products liability, contractual liability, severability of interest with cross liability
provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit
per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional
insured and shall reflect the hold harmless provision contained herein.
B. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written
or hereafter amended.
D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collective insurance that CITY may
have. The CITY reserves the right to request a copy of the required policies for review. All policies shall
contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the
CITY.
E. All of the above insurance is to be placed with Best rated A:VII or better insurance companies, qualified to
do business under the laws of the State of Florida.
The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which
certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as
required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or
cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY.
Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this
Section or under any other portion of this Agreement.
SECTION 18 - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar
services, including but not limited to not using the consultant at all in that the choice of a CONSULTANT for any job will
be solely and entirely the decision of the CITY at its sole discretion. Accordingly only when and if CONSULTANT is
assigned a specific job, does this Professional Services Agreement become applicable.
SECTION 19 - CODES, ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal
codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project.
The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a).
SECTION 20 - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other
Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby.
Attached is Palm Engineering Group Inc's Professional Engineering Services Proposal dated 11/11/201 I that is attached and
made a part of this Agreement by reference.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both
parties hereto, upon appropriate action by the City Commissioners.
IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set
forth herein.
Authority of Resolution No.205 -08 -12802
duly passed and adopted by the South
Miami City Commission on December 2, 2008
ATTEST:
Maria. Menendez, CKC,City Clerk
City of South Miami
ATTEST:
itness Q
CITY OF SOUTH MIAMI
- -4�-e
for Mirabi e, PhD, City Manager
City of South Miami
CONSULTANT:
Greg Perry. P.E., Vice President
Palm Engineering Group, Inc.
STATE OF FLORIDA
ss: Acknowledgement of City of South Miami
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of 20� by Dr. Hector
Mirabile and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the
CITY, who are personally known to me.
STATE OF FLORIDA )
ss: Acknowledgement of Consultant
COUNTY OF DADE )
tary Public, State Florida
Print name:
Commission No:
Y* MARIA L, GARCIA
MY COMMISSION # DD 897582
a. EXPIRES: octuber2, 2013
Eondea ihru Notary Public Underwriters
The foregoi instrument was acknowledged before me this �� fit' day of 7) e U"161 , 20ij by
tare Or �. err of 1L[M Qn �r+ee_rt� C-lruu Tri`, on behalf of the CONSULTANT. He is
personal known to a or has produced I� +��r + Ca7+SR , as identification.
MAGDA GEL,
MY COMMISSION # G
EXPIRES December
Print name: 1" 1[x CIA Cf W, S '
Commission No: Dh911aOS
Read and Appro fF . Langu e, MAG ®A 4'alEL9�(ES
Legality a tion : " = MY COMMISSION # DD947205
��EXPIRES December 16, 2013
� 41}7)$913- (}7t:f Fl+�rid�NrnarySe�evtics,cart+
j!i9afas F. Pepe, Esq
City Attorney
F r° 61J4
t
11/11/11
Keith Ng
Public Works Department
CITY OF SOUTH MIAMI
4795 SW 75'h Avenue
Miami, Florida 33155
RE: City of South Miami
Professional Engineering Services
Palm Engineering Group No. 0165.P
Dear Mr. Ng:
Palm Engineering Group is pleased to present this proposal for Professional Engineering Services
for the Sunset Drive Median Improvements between SW 571' Court and SW 58h Avenue in the City
of South Miami. This work will generally consist of project management, engineering design,
permitting and construction administration and inspection services as follows:
I. SCOPE OF WORK
A. Task 1 — Pre - Design Services
1. Survey — Right -of -way survey establish existing pavement and sidewalk locations.
Does not include collection of utility information (e.g. rim and invert elevations,
utilities etc.)
2. Field Investigation — Site visit and data collection for roadway analysis.
B. Task 2 — Design Services
1. Design Development — Preparation of preliminary plans and details for median
improvements, landscaping, irrigation connections, and sign placement for City
review.
2. Construction Documents - Preparation of final design plans for permitting and
construction.
C. Task 3 — Permitting Services
1. Plan submittal and coordination with Miami -Dade County Traffic Engineering for
pavement markings and signage.
2. Plan submittal to Miami -Dade Water and Sewer for City's irrigation meter account if
necessary. City of South Miami responsible for meter connection and all
associated fees.
12491 SW 134 Court, Su'rfe #20, Miami, FL 33186 - Tel: 305.378.8594, Fax: 305.378.8995
www. palmengineering.com
Based on the scope of the Sunset Drive Median Improvements we recommend that
we provide periodic site visits of no less than two times per week by our resident
Project Representative. This will allow us to provide the necessary liaison with the
contractor as well as providing the typically required services such as inspections,
responses to RFI's, shop drawing approvals, pay estimate reviews and
recommendations, Project Close -out, and final certifications. For fee budgeting
purposes we are estimating a construction duration of sixty (60) days.
II. SCHEDULE OF WORK — TIME OF PERFORMANCE
Consultant shall submit the Deliverables and perform the Work as depicted in the tables below:
* An updated schedule, indicating actual delivery dates, based on the above durations, will be
provided to the City upon receipt of the NTP.
III. SCHEDULE OF FEES
Palm Engineering Group will perform the Scope of Services for a Lump Sum fee as shown by the
following:
PROPOSED SCHEDULE OF FEES
ACTIVITY/PERSONNEL HOURS RATE
SCHEDULE
OF DELIVERABLES
$95
Task, Sub-
Project Engineer
_
task, or
6,160.00
Duration
sped
Delivery Date*
Activity D
�
Major Task Sub -Task Activity,
j ' �' °r
weeks or
(cumulative
#
Deliverable
calendar
weeks, or
11,060.00
days)
3 Weeks
calendar days)
NTP + 3 Weeks
1
Pre - design
2
Design
2 Weeks
NTP +5 Weeks
3
Permitting
3 Weeks
NTP +8 Weeks
* An updated schedule, indicating actual delivery dates, based on the above durations, will be
provided to the City upon receipt of the NTP.
III. SCHEDULE OF FEES
Palm Engineering Group will perform the Scope of Services for a Lump Sum fee as shown by the
following:
PROPOSED SCHEDULE OF FEES
ACTIVITY/PERSONNEL HOURS RATE
'TOTAL
Project Manager
24
$95
2,280.00
Project Engineer
88
$70
6,160.00
CEI / Construction Phase
16
$85
1,360.00
Surveying Subconsultialif
1,260.00
Subtotat-
11,060.00
GRAND TOTAL:
$11,060.00
Reimbursable Expenses
Reimbursable expenses for the printing of drawings and specifications, deliveries, and federal
express services, as required, will be invoiced directly to the CLIENT.
IV. ADDITIONAL SERVICES
The City may establish an allowance for additional services requested by the City and for
unforeseen circumstances, which shall be utilized at the sole discretion of the City.
The following services are not included in our basic services:
• Geotechnical Investigations
• Pull Topographic Survey
• Traffic / Impact Studies and reports
• Drainage and Utility design
• Sidewalk Improvements
• Landscaping and Hardscaping Design outside median
BASIS OF PROPOSAL
This proposal is based on the following conditions:
City of South Miami will provide any documents relevant for the review and evaluation of
existing systems as well as the preparation of any reports. This includes, but is not limited
to existing plans, maps, surveys, asbuilts, cost data, City records, and electronic drawing
files.
Any geotechnical engineering and testing, specialized intersection or traffic analysis,
are not included in this proposal and will be provided by others if necessary.
No off -site research and reporting (other than as specified in the Scope of Services)
are included.
Any opinion of construction costs prepared by Palm Engineering Group represents
its judgment as a design professional and is supplied for the general guidance of the
client since Palm Engineering Group has no control over the cost of labor and
material, or over competitive bidding or market conditions. Palm Engineering
Group does not guarantee the accuracy of such opinions as compared to contractor
bids or actual cost to the client.
We appreciate the opportunity to submit this proposal. Please indicate your acceptance of this
proposal by signing below and returning one executed copy of this contract to this office. We look
forward to working with you on this project.
Very truly yours,
PALM ENGINEERING GROUP
Gregory Perry, P.E.
Vice - President
Attachment
ACCEPTANCE OF CONTRACT
CLIENT
By: Date
Name:
Title:
cc: File
State of Florida
Department of State
I certify from the records of this office that PALM ENGINEERING
GROUP, INC. is a corporation organized under the laws of the State of
Florida, filed on March 23, 2000.
The document number of this corporation is P00000029738.
I further certify that said corporation has paid all fees due this office
through December 31, 2011, that its most recent annual report was filed
on April 5, 2011, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the Sixth
day of April, 2011
Secretary State
Authentication ID: 500200561775- 040611- P00000029738
To authenticate this certificate,visit the following site, enter this
ID, and then follow the instructions displayed.
https:Hefile.sunbiz.org/certauthver.html
N1IAIVII•ElAm COUNTY 2011 LOCAL.SUSINESS TAX RrzCFIPT: .2012 FIRST -CLASS
TAX)COLLECTOn .. MIAF4( -I)ADE COUNTY - STATE OF FLORIDA .. U.S. POSTAGE
1ARWU- rLAGLCfiST EXPIRES SEPT_, 3.0,:.20t.2 PAID
fus �FL 33 #30 �r NiL1.S'f 8E []fSPLi1YGp AT PLACE OF BUSINESS MIAMI,. FL
� L 3 � , � PURSUANT TO COUNTY CODE CHAPTEAU TART. 9410 PERMIT NO. 231
mud THIS IS. NOT A BILL PQ NOT PAY
497591 -9 RENEWAL
13USI�1EWNn�qM�E LO TIO�u C P T JPTNO. 519551 -6
PAL. EI- GINEERIM .GROUP INC... STATE# E�9483
12441 SW 134 CT 20
33186 UNIN DADE COUNTY
OWNEFI.
PALM ENGINEERING
GROUP INC
sec. lye of ausi ss EMPLOYEE /S.
%r
2 P.A. CORP /PARTNERSHIP
/FIRM .3'_.-
T�4S IS ONLY A LOCAL.
-
OUSlNESS TAX. RECEIPT. IT
DOES NOT V zrlydrr - TNra
HOLDER TO VMLATE ANY
.. -
EX1577FlG AEcOMATORY QA.
ION040 LAWS OF - THE
.
DO NOT FORWARD
COUNTY. QR CmEB. NOR
HOPDE IT EXANY
HER
fIC7L.flEk PFl OR ANY OTHER
PALM ENGINEERING GROUP INC
tpsersu�ED.SYLdw.` t s�is
CARLOS D ROLLE FIRES
1 OLIHnSDUALO1fICA--
12491 SW 134 CT 20
MIAMI FL 33186
PAYMENFT RECEIVED
MIAA4•DA13E COUNTY TAX
COMECTOW
07/151'2011
60f060000121
aana7 .0o IFI lIrILIIfLFllll, ilFFIlIrFlll ,fl,F fill Ili IIrrl,I.11115�181i
SEE OTHER SIDE
0.
09-16 -2011
JEFF ATWATER STATE OF FLORIDA
CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * *
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 09/16/2011
PERSON: PERRY
FEIN: 650993291
BUSINESS NAME AND ADDRESS:
PALK ENGINEERING GROUP INC
12491 SW 134 CT #20
MIAMI FL 33186
SCOPES 'OF BUSINESS OR TRADE:
1- CbNSULTANT
EXPIRATION DATE: 09/15/2013
GREGORY
IMPORTANT: Pursuant to Chapter 440 , 051141, F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this
section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05112►, F.S., Certificates of election to be exempt... apply only within the
scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices-of election to be exempt- and -certificates of • - -
election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the Issuance of the certificate, the person named an the notice or
certificate no longer meets the requirements of this section for Issuance of a certificate. The department shall revoke a certificate at any time for failure of the person
named on the certificate to meet the requirements of this section.
QUESTIONS? (850) 413 -1609
DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01 -11
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
IMPORTANT
F
DIVISION OF WORKERS' COMPENSATION
Pursuant to Chapter 440.05114), F.S., an officer of a corporation who
0
CONSTRUCTION INDUSTRY
*—.
elects exemption from this chapter by filing a certificate of election
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA
L under this section may not recover benefits or compensation under this
WORKERS' COMPENSATION LAW
D chapter.
EFFECTIVE: 09/16/2011 EXPIRATION DATE:
09/15/2013
Pursuant to Chapter 440.05(12), F.&, Certificates of election to be
H
PERSON: GREGORY PERRY
exempt... apply only within the scope of the business or trade listed on
FEIN: 850993291
the notice of election to be exempt
R
BUSINESS NAME AND ADDRESS:
E Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt
PALM ENGINEERING GROUP INC
and certificates of election to be exempt shall be subject to revocation
12491. SW 134 CT 020
if, at any time after the filing of the notice or the issuance of the
MIAMI, FL 33166
certificate, the person named on the notice or certificate no longer meets
the requirements of this section for issuance of a certificate. The
department shall revoke a certificate at any time for failure of the
SCOPE OF BUSINESS OR TRADE:
person named on the certificate to meet the requirements of this
1- CONSULTANT
section.
QUESTIONS? (850) 413 -1609
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01 -11
PvarN of
of
ptesto that
Gregory Perry, P.E.
IS LICENSED AS A PROFESSIONAL., ENGINEER UNDER CHAPTER 471, FLORIDA STATUTES
EXPIRATION: 2/28/2013 P.E. LlG. NO:
AUDIT NO: 228201314520 53876
I
of
�4#fes #s tl�arf
Carlos D. Flc 11b, P.E.
CS Lr.CENSED AS A PROFESSIONAL. ENGINEER UNDER CHAPTER 471, FLORIDA STATUTES
EXPIRATION: 2/28/2013 P.E. LIC, No:
AUDIT NO: 228201314624 55489
Pjaurb .af
Palm
of
?ivnms
up, Inc.
Is authorized under the provisions of S&]H'O _ _ _ " g` ida Statutes, to offer engineering services
to the public through a Professional ngin e ! iil l i e under Chapter 471, Florida Statutes.
Certificate of Authorization
EXPIRATION: 2/28/2013
AUDIT No: 228201301146
CA. LIC. NO:
9483
Form W -9
(Rev. January 2011)
Department of the Treasury
Internal Revenue Service
N
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Ol
b
a
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0
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as
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o
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Request for Taxpayer Give Form to the
Identification Number and Certification requester. Do not
send to the IRS.
Name (as shown on your income tax return)
PALM ENGINEERING GROUP, INC
Business nameldisragarded onfity name, If different from above
Check appropriate box far federal tax
classification (required): ❑ Individual/sole proprietor ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ Trust/estate
Limited liability company. Enter the lax classification (G=C corporation, S=S corporation, P- artnershl ► p❑ Exempt payee
❑ Other (see instrucliom
Address (number, street, and apt. or suite no.)
12491 SW 134TH COURT No. 20
City, state, and ZIP code
MIAMi, FLORIDA, 33186
List account numbe(s) hero (opi
name and address (optional)
M;MM Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line social security number
to avoid backup withholding. For Individuals, this is your social security number However, fora
resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on n page 3. For other
entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer Identificatlon number
number to enter. 6 51 — 0 9 1 9 1 3 1 2 1 9 1 1
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S, person (defined below).
Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage
Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generaily, payments other than Interest and dividends, you are d to sign the certification, but you must provide your correct TIN. See the
Instructions on page 4. i
Sign Signature of (-
Here U.S. person ► _ � Date ► r ! -A, j� f
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who Is required to file an information return with the IRS must
obtain your correct taxpayer Identification number (TIN) to report, for
example, Income paid to you, real estate transactions, mortgage Interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership Income from a U.S. trade or business
Is not subject to the withholding tax on foreign partners' share of
effectively connected Income.
Note. If a requester gives you a form other than Form W -9 to request
your TIN, you must use the requester's form If It is substantially similar
to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S, person If you are:
• An individual who Is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized In the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of Income from such business.
Further, in certain cases where a Form W -9 has not been received, a
partnership Is required to presume that a partner Is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business In the United
States, provide Form W -9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership Income.
Cat. No. 10231X Form W -9 (Rev. 1 -2011)
T Gp DAIhtMV01))YYYYi
. c -' CERTIFICATE OF LIABILITY INSURANCE 12/15/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pclicy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such andorsement(s).
PRODUCER _?�;!,7L" A_NDREW OGHINAN
BENDELL INSURANCE GROUP INC LIntNF { , (305)249-5055 "^
(305)249 -50571
PO Box 164235
Miami, FL 33116 -4235 AIaD! -0I s blur °upqbellsouirh .net
INSURERISI AFFOROING COVERAGE NAIL.
I
iNSUR1,R A HARTFORD FIRE INS. COMPANY j
INSURED PALM ENGINEERING GROUP. L:_ „ "I TUDOR INSURANCE COMPANY
12491 SW 134TH CT .UNIT #20 ,
MIAMI, FL 33186 Nsuc/l la a
305 -378 -8594 Ns,IClrta _
COVERAGES CERTIFICATE NUMBER: � REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFU NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
- -- - - _�._.-wr�_
IN9R AOOL 3t' �'' LIMITS
LIR TYPE OF INSURANCE ;' 6. yqy. POLICY N11N111!:R LhlrAllpi}F`lYY9 +11h1Mr17rprY `fYY1
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GENERAL I IABILITY I 1
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PROFESSIONAL ENGINEERING SERVICES.
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(LIABILITY & SHALL BE PROVIDED WRITTEN NOTICE 30 DAYS BEFORE MODIFICATION OF THIS
'POLICY OR CANCELLATION OF NON- PAYMENT OF PREMIUM OR OTHERWISE.
I
TE HOLDER
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE 'THEREOF NOTICE '1iVVILA BE DELIVERED IN
ACCORDANCE W101 THE POLICY PROWSION
AUD(ORIZI:D REPRESENTA
c11988 -2010 AC D CORPORATION All rights reserved.
ACORD25(2010 /05) The ACORD name and logo are registered marks of ACORD %
I
TYUNINTERNATIONAL'[ Hd ROSS:
S
201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134
Tel. 305.567.1888 a Fax. 305.567.1771 > EMAIL: hjross @hjross.com
November 3, 2011
Keith Ng
City of South Miami
Public Works Department
4795 S.W. 75th Avenue
Miami, FL 33155
RE: Sunset Drive Median and Roadway Improvements
Proposal for Engineering Services
Dear Mr. Ng:
We appreciate the opportunity to provide engineering design, and permitting assitance
services for the design of a new median and related roadway improvements along
Sunset Drive between SW 57th Court and SW 58th Avenue.
The attached Proposal for Engineering Services lists the Scope of Work, compensation
to perform these services, and the project schedule. The cost for these services is a
lump sum fee of $14,980.00. If in agreement, please sign on page 4 and return one
original for our records.
We look forward to working with you on this project.
Sincerelv.
Francisco J. AlonsoV R.E.
Project Manager
Enclosures
cc: Grizel Martinez
Jose Nessi
IY I TERNAnI ONA .. Hd ROSS,
CITY OF SOUTH MIAMI
SUNSET DRIVE MEDIAN AND ROADWAY IMPROVEMENTS
PROPOSAL FOR ENGINEERING SERVICES
I. PROJECT DESCRIPTION
The City of South Miami (CITY) proposes to construct a new landscaped and curbed 10'
median along Sunset Drive between SW 5th Court and SW 58th Avenue. In addition to
landscaping, the median will include a "Welcome to South Miami" decorative sign.
Furthermore, the project will include milling and resurfacing of the travel lands within the
project area, pavement marking and signage improvements, and maintenance of traffic.
T.VL Ii'TrEEEERNAMONALI HJROSS (CONSULTANT) will provide final construction plans,
technical specifications, and permitting assistance for the above project. This work will
be performed in accordance with the Professional Service Agreement for General
Engineering Services (AGREEMENT) dated January 2009 as amended herewith.
11. SCOPE OF PROFESSIONAL SERVICES
The specific work scope tasks to be performed by CONSULTANT and its sub
consultant are:
• Survey of the project limits.
• New median with perimeter type "D" curbing, landscaping and irrigation, and
"Welcome to South Miami" decorative sign.
• Milling and resurfacing of the travel lanes.
• Signing and Pavement Marking to accommodate the proposed median and
replacement of an existing striping affected by the resurfacing.
• Maintenance of Traffic Plan
• Permitting assistance with Miami -Dade County Public Works
1. PHASE III: FINAL DESIGN PHASE
CONSULTANT agrees to provide the Phase 111 - Final Design / Construction
Documents Development services in accordance with Paragraph 2.2.3 of the
AGREEMENT
Final design phase includes design documents and permitting assistance. Permitting
assistance includes submitting plans to the relevant permitting agencies (Miami -Dade
County Public Works) and responding to comments generated during the design
process. Design Documents will include project specifications and the following sheets;
City of South Miami
Sunset Drive Median and Roadway Improvements
Proposal for Engineering Services
November 20, 2011
Page 1
`�Lif INTERNATIONAL. I Hd ROSS
• Key Sheet
• General Notes / Pay Item Notes /Summary of Quantities
• Typical Section Sheets
• Project Layout and Geometry Plan
• Signing and Pavement Marking
• Landscaping and Irrigation Plan and Details
• Roadway Restoration and Median Detail Sheet
• Miscellaneous Details
• Traffic Control Plan Sheets (MOT)
2. PHASE VI: POST CONSTRUCTION ADMINISTRATION
CONSULTANT agrees to provide the Phase V! — Post Construction Administration
services in accordance with Paragraph 2.2.6 of the AGREEMENT.
Ili. SUBCONSULTANTS
The following consultants will assist in this project
Avino and Associates Surveying Services
See attached sub - consultant proposal.
IV. SCHEDULE OF DELIVERABLES
CONSULTANT will submit the following deliverables to the CITY:
SCHEDULE OF DELIVERABLES
Task Description of Deliverable or Drawing Name
No.
• At 50% & 100% completion: 2 copies of drawings, check sets, and specifications.
1 Upon final approval by the CITY: permit sets of drawings and specifications.
• 1 CD with drawings in AutoCAD and PDF format, and WORD files of specifications.
•
Copies of correspondence and minutes of meetings.
2 One set of reproducible record drawings.
V. SCHEDULE OF SERVICES
CONSULTANT shall perform the Work as depicted in the table below following receipt
of a written Notice -to- Proceed from the CITY. A preliminary schedule of activities is
attached as Exhibit "A ".
City of South Miami November 20, 2011
Sunset Drive Median and Roadway Improvements Page 2
Proposal for Engineering Services
L.I I T R T ONAL i HJ ROSS
SCHEDULE OF WORK
Task
r
Task Name and /or Activity Description
Duration
work
f Projected
Projected
No.
$11,940.00
days
Start Date
Finish Date
1
PHASE III: FINAL DESIGN PHASE
30
L TBD
TBD
47LPHASE
VI: POST CONSTRUCTION ADMINISTRATION
7
TBD
TBD
VI. COMPENSATION
CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum, Fixed
fee of Fourteen Thousand Nine Hundred and Eighty Dollars dollars and 00 cents
($14,980.00).
SUMMARY OF COMPENSATION
Task #
Task Name and /or Activity Description
Amount
Bee Basis
1
PHASE III: FINAL DESIGN PHASE
$11,940.00
Lump Sum, Fixed
2
PHASE VI: POST CONSTRUCTION ADMINISTRATION
$640.00
Lump Sum, Fixed
SURVEYING SERIVCES (Avino and Associates)
$2,900.00
Lump Sum; Fixed-
Total = $14,980.00 Lump Sum, Fixed
VII. ALLOWANCE FOR ADDITIONAL SERVICES
Additional services not specifically described under "Scope of Professional Services"
will be performed upon written approval, and will be billed at the hourly rates shown in
Section 4 of the AGREEMENT. CONSULTANT may use the Allowance for Additional
Services requested in writing by and at the discretion of the CITY.
Vlll. SERVICES NOT INCLUDED
The following services are not included in the Scope of Work for this project:
1. General Engineering services as identified in section 2.1 of the AGREEMENT other
than what has been described above.
2. Phase I services identified in Paragraph 2.2.1 of the AGREEMENT.
3. Phase II services identified in Paragraph 2.2.2 of the AGREEMENT.
4. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT.
5: Post Design or Construction Administration Services.
6. Geotechnical Engineering services including subsurface explorations and /or testing.
7. Permitting Services other than those described above or payment of permit fees.
City of South Miami November 20, 2011
Sunset Drive Median and Roadway Improvements Page 3
Proposal for Engineering Services
TYUNINTERNATIONAL. 1, HJ ROSS
IX. INFORMATION TO BE PROVIDED BY THE CITY
CITY agrees to provide, if available:
1. As -built plans of existing City -owned facilities with elevations of underground utilities.
2. Division 1 (front -end) documents for the preparation of the contract documents.
3. CITY is responsible for payment of any permit review fees to the regulatory
agencies.
X. PROJECT MANAGER
CONSULTANT'S Project M
Alonso, P.E. ,
Prepared by:
Approved by:
Francisco J
Keith Ng
0
r for this Work Order assignment will be Francisco J.
nso, P.E.
City of South Miami
Sunset Drive Median and Roadway Improvements
Proposal for Engineering Services
11 -20 -11
Date
Date
November 20, 2011
Page 4
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November 4, 2011
Mr. Frank Alonso, PE
T. Y. LIN INTERNATIONAL/ H. J. ROSS
201 Alhambra Circle
Suite 900
Coral Gables, Florida 33134
RE: SUNSET DRIVE MEDIAN IMPROVEMENTS
Approximately 300 Linear Feet of Streets
Dear Mr. Alonso:
Engir;�srs a r"!rrnr0rs a Surveyors
w r.
501N 207
WEST NAY, R,31 % 33`14.4
T111. 11105.26.5030
r pia Q� x
f, k 3u5 76S SM
E7 rrT�
r.,t a+aIi , v4 :.r rer..! des cr , xs wen
rg MOM
army �t
Avino
&UN UJIT
Pursuant to your request regarding a fee estimate for surveying and mapping services for the above
referenced project, the following proposal for same is hereby submitted for your consideration:
Scope of Services:
1. Topographic Survey within the Right -of -Way of SW 72nd Street (Sunset Drive) from
approximately SW 58th Avenue to SW 57th Court.
2. Trees Location (type and size) within Right -of -Way.
3. Location of all driveways.
4. Location of all above ground visible utilities.
5. Cross - section elevations at 50' intervals.
Time frame:
Ten (10) working days, weather permitting.
Items to be delivered:
Avino & Associates, Inc. will provide client digital files in AutoCAD format.
Qualifications:
1. Rule of Law: All field and office effort in connection with this project will be performed in strict
accordance with the applicable provisions of the "Minimum Technical Standards for Land
Surveying in the State of Florida ", pursuant to Rule 5J -17, Florida Administrative Code.
2. Requests for service not specifically enumerated in this proposal will be addressed via separate
response if so required and will be billed at our current hourly rates.
3. All survey work shall be done in U.S. feet and Elevations in 1929 NGVD Datum and prepared
using the State Plane Coordinate System — NAD83 Florida East.
Estimated fee:
Our estimated fee to perform these services is a Lump Sum Fee not to exceed TWO THOUSAND
NINE HUNDRED DOLLARS ($2,800.00),
VAProposa1s\TYL1N\City of Soutb Miami\Sunset Advo Median Iay)rovements\Surveylnf Proposal.doe page 1 or
Page 2
Mr. Frank Alonso, PE
November 4, 2011
Payments Terms:
Avin6 & Associates, Inc. will invoice upon completion, If payment is not received within 10 days of the
invoice date, a late charge may be added to the invoice in the amount not to exceed 1 % per month on
the outstanding balance. It is understood that this agreement is between Avin6 & Associates, Inc. and
the addressee and payment is not contingent on payment from a third party unless other written
agreements or guarantees are agreed to by both parties and attached hereto. No waiver shall be
construed as a modification or amendment to these payment terms unless expressly stated in writing
by Avin6 & Associates, Inc. Should at any time during the project the Client find it necessary to
discontinue the services described above, or if the parties mutually decide to terminate this contract,
the Client will compensate Avin6 & Associates, Inc. on an hourly basis for the percentage of work
completed plus reimbursable expenses. Lump Sum Fees are fixed for a period of two month from the
date of this proposal. If the work has not been initiated within this two -month period, Avin6 &
Associates, Inc. reserves the right to terminate or renegotiate this proposal. By acceptance of this
proposal, the signing person represents and warrants to the Surveyor, that it is authorized to enter and
accept the proposal on behalf of and bind T. Y. LIN INTERNATIONAL / H. J. ROSS.
If acceptable, a space is provided for an authorized signature. We will consider the return of the signed
original letter as our legal contract and Notice to Proceed. By signing below, I APPROVE AND
ACCEPT this letter as a legal contract and have read and agree to the payment terms as set forth
above.
By:
(Authorized Signature) Date:
(Typed or printed name) Title:
On behalf of Avin6 & Associates, Inc., I thank you for this opportunity to present this proposal for your
consideration and look forward to your favorable response. In the interim, if there is anything we can do
to be of service in this or any other matter, please do not hesitate to call me directly at (305) 265 -5030.
Sincerely yours,
t,.te
Jorge R. Avin6, PE, PSM
President
V:Nroposa1s \TXLIN1Ciry ofSoullr Miomi\Sunsel Drive Median Improvemenls\Surveying PropoSal,doc
Page 2of2
.n 0i6i
E11C Consulting, Inc.
November 4, 2011
Keith Ng
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Sunset Drive Median Improvements – Civil Engineering Fee Proposal
Dear Mr. Ng:
EAC Consulting; Inc, is pleased to submit this flee proposal to The City of South Miami
to perform design and permitting activities for the installation of a landscaped median on
Sunset Drive between SW 57th Court and SW 58th Avenue. The scope of work includes
Roadway median design, permitting, roadway milling & resurfacing, striping and
pavement markings, maintenance of traffic and landscaping.
$cope of Work:
Civil .Enginee.ring. Design.& Landscaping Design:
1. Perform a complete topographic survey of the limits of work.
2. Prepare detailed construction drawings at an acceptable scale (including, but not
limited to, typical sections, paving_, grading, markinglsignage, landscaping and
construction details).
3. Provide construction cost estimate.
4. Conduct (1) public workshop meeting to present design, if necessary.
5. Present design to City commission, if necessary.
The proposed design will be done in accordance with the established guidelines and
procedures utilized by the City of South Miami Public Works Department, the Florida
Department of Transportation (FDOT), the Miami -Dade County Public Works
Department (Traffic Division)(as applicable) and the Miami -Dade Department of
Environmental Resource Management (DERM).
EAC Consulting, Inc, shall provide professional Civil Engineering services in
accordance with the Professional Services Agreement for General Engineering Services.
Our lump sum fee proposal for this scope of services is as follows:
- .. .Task f .—
Fee
Surveying Services _
$2,736.06
100% Construction Documents.
$8,456
_
Permitting (FDOT, City of South Miami and Miami -Dade County
DERM – as applicable _ –
Landscaping Design Services
$2,630
_
Reimbursables
$500
Total Lump Sum Fee
$18,348.06
815 NW 57 Avenue, Suite 402 ii Miami, FL 33126 I Phone: 305 -264 -2557 Wax: 305 - 264 -8363 1 www.eacconsult.com it CA # 70111
I . Site Investigation, Reconnaissance, Data Collection and Verification of As -built
Conditions.
2. Layout and Geometry with tie -ins to established vertical and horizontal datum
and monuments.
3. Surface Demolition Plan, Notes and Details.
4. Grading and Paving Design, Plans and Details
5. SWPPP Notes and Applicable Details
6. Probable Cost Estimates
7. Permitting /Approvals with local jurisdictional. authorities including the following:
• FDOT
• Miami -Dade County Public Works Dept. (Traffic Division)
1R Miami -Dade County DERM (as applicable
8. Coordination Meetings
The aforementioned scope of services assumes that:
1. If necessary, Soil contamination mitigation will be dealt with by others. EAC
shall, at the request of the City, provide a separate fee proposal for such work.
2. Geotechnical services are not included in this fee proposal and shall be
presented to the City by EAC via separate fee proposal if necessary.
3. No Right of Way takes are required.
4. Trull roadway re- construction design of any kind Is specifically excluded from this
proposal. If required, EAC shall provide the City with a separate fee proposal for
such work if required.
5. Permit/Approval fees when required would-be provided to EAC by -the City.
6. (offsite infrastructure improvements, are not included as part of this base
proposal unless specifically requested.
7. Project is a Single -Phase project.
8. Investigation and Design of offsite facilities and improvements is not included.
9. At the commencement of services, a project delivery schedule will be provided to
EAC by the City. EAC must be notified promptly of any modifications to the
schedule,
10. Class i permitting through Miami -Dade County DERM is not included.
11. Traffic analysis of any kind is not included.
The following information will be required for us to commence the work.
1. Signed approval of this proposal or written authorization to proceed with services.
This proposal is based on our understanding of the requirements for engineering
services as itemized under the anticipated tasks listed above. Accordingly, we reserve
the right to modify this proposal due to any changes in scope. If the above fee
proposal and the terms above are acceptable to you, please provide us with a
work authorization so we may begin work.
Sincerely,
EAC Consulting, Inc
regory Me:,n ez, P.E
Senior Project Manager City of South Miami Authorization
cc: File, Mike Adeife, P.E. — EAC Consulting, Inc..
815 NW 57 Avenue, Suite 402 Miami, FL 33126 !Phone: 305- 264 -2557 [Fax: 305 -264 -8363 [ www.eacconsult,com t CA # 7011