Res. No. 016-09-12825RESOLUTION NO.: 16 -09 =12825
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER
TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR
CONSTRUCTION PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS -PHASE
III IN AN AMOUNT OF $33,940.00 TO BE CHARGED TO THE PEOPLE'S
TRANSPORTATION PLAN FUND ACCOUNT NUMBER 124 - 1730 - 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements at
along Sunset Drive from SW 62nd avenue to SW 63rd Avenue; and
WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for
profession engineering services for the construction phase services for the Sunset Drive Improvements
Phase III project; and
WHEREAS, the total cost of the professional services will be $33,940.00 funded through the
People's Transportation Plan fund account number 124 - 1730 - 541 -3450.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a professional service
work order with C3TS in an amount of $33,940.00 for the Sunset Drive Improvements Phase III
construction phase services.
Section 2: The total cost of the professional services will be $33,940.00 funded through the
People's Transportation Plan Fund account number 124 - 1730 - 541 -3450 with the current account
balance of $440,000.00.
Section 3: The attached exhibit is (incorporate by reference into this resolution.
PASSED AND ADOPTED this 34- ` day of 2009.
W - mia
READ AND APPROVED AS TO FORM:
CITY
APPROVED:
MAYOR
COMMISSION VOTE:
3 -2
Mayor Feliu:
Yea
Vice Mayor Beasley:
Nay
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
Commissioner Newman:
Nay
South Miami
IWAmericaCiry
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the
"'City Commission
Via: W. Ajibola Balogun, City Manager __yC1 b�
From: Jose Olivo, P.E.
Public Works & Engineering Department
Date: February 3, 2009 Agenda Item No.:
Subject: Approval of Professional Service Work Order.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN,
P.A. (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DRIVE
IMPROVEMENTS -PHASE III IN AN AMOUNT OF $33,940.00 TO BE
CHARGED TO THE PEOPLE'S TRANSPORTATION PLAN FUND ACCOUNT
NUMBER 124 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to approve professional service work order for
Sunset Drive Improvements -Phase III construction phase services.
Reason/Need: As the approved engineering professional services consultant approved
under Resolution No. 73 -06 -12214 passed and adopted on May 16ti
2006 for the Sunset Drive corridor improvements from US 1 to SW 69th
Ave. C3TS has submitted the attached proposal for the Construction
Phase Services for the project. C3TS' services will include: performing
construction engineering inspections; review of all shop drawings;
responding to all Request for Information (RFI); review of "As- built"
drawings; reviewing of contractor's application for payment; review and
processing of all Work Order Directives to the contractor; performing
construction close -out services; and to issue Certificate of Completion.
Furthermore, the City is saving in engineering expense fees by using
hourly rates established back in 2004.
Cost:
$33,940.00
Funding Source: $33,940.00 will be funded through the People's Transportation Plan Fund
Account no. 124 - 1730 - 541 -3450 with the current account balance of
$440,000.00.
Agenda Item No.:
C3TS Agreement for Sunset
February 3, 2009
Backup Documentation:
w
i
i
1
MR
LIE
Proposed Resolution
C3TS' Work Order for Professional Services
Approved Resolution No. 73 -06 -12214 for C3TS as Professional
Engineering Services Consultant of Sunset Drive Corridor
Improvements.
C3TS' Professional General Engineering Service Agreement
C3TS' Amendment to Continuing Professional Services
Page 2 of 2
t�sz
RESOLUTION NO. 73-06-12214
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA
CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING
SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN
PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY
LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO
ACCOUNT NUMBER 001- 2100 -519 -3171; PROVIDING AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements
along Sunset Drive from SW 62nd Avenue to US -1, while landscaping, entrance feature and improved
sidewalk will be designed for the area from SW 62 "d Avenue to the western City limit; and
WHEREAS, the professional service will be funded through Non - Departmental General Expense
account number 001 - 2100 -519 -3171 with an account balance of $75,000.00 before this request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a professional service
work order with C3TS in an amount of $71,215.00.
Section 2: The professional service will be funded through Non - Departmental General Expense
account number 001 - 2100 -519 -3171.
Section 3: The professional service work order shall be made part of this resolution.
PASSED AND ADOPTED this /04 day of _ ')Wai.z 2006.
ATTEST:
' �:.�.� Fes' ( /��jC;�u?..,��•��
CITY CLERK `
READ AND APPROVED AS TO FORM:
CITY ORNEY
MAYOR
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea
WORK ORDER FOR PROFESSIONAL SERVICES
6315 TO: City of South Miami Date: 12118/08
6130 Sunset Drive File: 1929 -26
• South Miami, Florida 33143
• ` ; •' ATTENTION: W. Ajibola Balogun, City Manager
PROJECT NAME: Sunset Drive Improvements — Phase III
Engineers (SW 63rd Avenue to SW 62nd Avenue)
Architects
planners City of South Miami, Florida
Construction Phase Services
SCOPE OF SERVICES
These construction phase services shall be in conjunction with extension via change order of
construction currently underway by M. Vila & Associates.
Construction Services:
1. Assist in obtaining and reviewing all documents needed in executing the change
order between the City and the Contractor.
2. Attend pre - construction conference.
EB0005022 3. Attend weekly project meetings and prepare minutes.
AAC002142 4. Answer contractor RFI's and issue clarifications as needed.
5. Perform Construction Engineering Inspections (20 hrs. minimum per week — half time
Resident Inspector).
6. Review and approve / disapprove all shop drawings.
7. Review the Contractor's Application for Payment and submit recommendation to
the City.
8. Review and process Change Order requests.
9. Perform project closeout with Contractor including final inspection, punch list, final
Application for Payment review, and submit Certificate of Completion.
These services are based on a construction period of 75 days.
TERMS AND CONDITIONS:
All terms and conditions shall be per our General Agreement for Professional Services for
Downtown Infrastructure Improvements. Our fees for the above services shall be as per the
following lump sum fee schedule:
Construction Phase Services ...................... .......................$33,940
We are ready to begin working on this assignment upon your authorization to proceed. If
acceptable to you, we will accept a signed copy of this form as your written authorization to
proceed with the assignment.
Thank you.
Corzo Castella Carballo mpso alman, P.A.
Ramon ante la, P.E.
Vice- President
RC /er
City of South Miami
Approved
Date:
Lu1Pmjoctstt 82MOiW .O- Pmpmals\W.O.SUmelDrlmpPhil iCMti 2i 8OS.d=
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Web Site: w .c3ts.com Equal Opportunity Employer
Corzo Casteila Carballo Thompson Salman, P.A.
FEE WORKSHEET
DATE: December 18, 2008
PROJECT: Sunset Drive Improvements - Phase III
City of South Miami
Construction Phase: (Assumes 75 days construction period)
Fee Worksheet - Page 1
Task
Prin ' .
PE /RA/CM
'- EI/All
insp.. "
Clerical.
Shop Drawin Review
4
8
Weekly Meetings
8
24
10
24
20
Contractor RFI and Clarifications
2
24
24
2
Contractor Pa ent Requisitions
6
8
2
2
Chan
Contractor a Order& Requests
4
4
2
Half -time Resident Inspection
6
24
24
230
4
Punch -list and Final Inspection
8
12
12
4
Construction Phase Sub -Total Hours
Billing Rate
Labor Cost
16
94
90
268
34
135
95
75
55
40
$2,160
$8,930
$6,750
$14,740
$1,360
Labor Sub -Total
$33,940
Total
L9ProjectM1929- OD\W.O. ProposallFeeW orksheetSunsetDOvePhltll216O9 .xis
$33,940
F
{
r
r..
THLS AGRMGMT made and entered into this a day of4 t ' ,, by and b
011 SOUM MIAMI, a political subdivision of the State of klorlde, referred to as the Her
CAST U A CARBALIA TSOhMON SALMAN, P.A., aathmized to do business to (hey
refund to as the "CONSULTANT°.
In consideration. afdhe premises and the autWal COVenanla oontained•In this agm
egress to employ the CONSULTANT for it period ending on December 1, 2OD7, and the
sigma to perform all pootadonal savicea'in won with the WORK, as desodb
continuing bests in won with prq"whetu the basic cm%uctloa costs does not exc
or studies which do not "Deed U5,00D.0% hmeln after called the "SERVICES ".
*n the MY
and COMD
to of Plorw
the CITY
hereht, on a
I $SOO,OM.Oo
Irer p ^VISIOIQS•
to discuss the
1.1 The CONSULTANT may be issued a Notice to Ptoceod to encompass tba entire Bj
sic Services as
dofined is paragraph 2.2 for a project, for a portion of the Basic Services, or for
:tasks as
specified ht pazagraphe 23 Additional Pmiessional Servlces, for' the purpose of
viewlawwork"
par Eby othce prdfl 6usi rn ui fits or for other misoell�oua en�aing
that my
the preparation of any proposal.
1.2 A Notloo to Proceed will b6 issued on an as needed basis at the solo dfarsedon of the
Cay. The
CITY mservas, at,all times, the right to perform any and 411'en4gineering work is
use or with
other ongiaeara. M Agteemcat does not confer on the CONSULTANT any exc
Iva rights to
CITY WORK, nor does It obligate the Crff hl any manner to pmnaatee
ORK for the
CONSULTANT. The CONSULTANT may submit pmp6sela for any professio
Which proposals may be publicly solicited by the Cfl'Y outside of this agreement.
i services for
1.3 The CITY will confer with the CONSULTANT before any Nodw to Proceed Is utued
to discuss the
POW the
WoomteM' to Complete the WORK and the fee for the
ces to be
mOf la
IR The CONSULTANTVaaumttagVesaiuponMeMYSMPIC tpriorpothe Woen
X of allotLxi
to Proceed. No payment will be made for On CONSULTANTS limo and services in cc
anecdon vihh
the preparation of any proposal.
Is The CITY agroes that It will finalah to the CONSULTANT plans And other data av
able, le the
CT1'Y tiles pcataining to the WORK to be pw* mad ender this agreementp Mptly
each Notice,
to Proceed.
1.6 The CONSULTANT agrees to produm and distribute minutes, promptly after each meeting at which
their pmsence Is required.
l.7 The CITY gees to designate a representative who, on behalf of the City Manager shall examine, the
documents submitted by the CONSULTANT and sball render decisions promptly, to avoid
unreasonable delay in the progress of tiro CONSULTANT`S services. The CONSULTANT shall
keep the Ci TTS tepresentative advised on ibo project status at ail times.
1.8 Tjne CfPY agrees to issue all directives and approval in writing.
�N?.riRON�SERVICEB .
C*.Va ,1 Enaob MAKSPEMIA D
The professiow services to be provided by the consultant are as fellows:
A. Roadylay engiwadng to include atraets, sidewalk, curb, gutter, drainage, associated traffic
control devices, shiphrg, ligjdinX speed reductiondevioes and incidental landscaping.
B. Drahtege Design tacludea the necessary aoalysis needed to Implement proposed drhlnage
Improvements ,preparationofpavmgand drainage Plan forma nkdpai Wilding and facilities.
C. civil Hagwering. to includa water Distribution 44= Improvement I Analysis and deal p
and Saultary Sewer System Evaluation and design.
D. TnfHc engineering serves will hmhrde daily volume counts, data analysis, preparation of ..,
conceptual improvements plans pmsem*reporta and recouaatendafl6a io stekahbl'dars and
prepataflon of Lind tame angincerIng report
E. Environmental Bngineeft to including, alts imveistigatimr amt design needed to prepam
ramedlatirm p1m ro mitigate underground otorage. tanks, hazardous waste materials and
asbestos materials.
I? 06ter Incidental services associated to The above items
no Basta Services. for design and construction, consist of six (6) phases deaadbed InPamgraph12.1 through
2.216. scope outlined below is applicable In its entirety to jsgf ads f r wl>Ldt completed Basic Services
Upon antherizatlon to proceed flrmt the CITY. the CONSULTANT ageea to provide, Complete professional
anginaft'ing services for any portion or all of the slat Phases ouWned below. Tha CONSULTANT agrees to
co- ordinate his effort with dtat of ay other Melneeft landampe aroititectu ai or areldteobrral
ODNSULTANTS to insure a rwordiaeted and complete WORK The lead CONSULTANT as designated by
• AefsdmeiSanlars
Omanit�dtaeatat
Umev�bar�ae!
p.gd4 of 16
the CTTY shall prepare the, final bid package including bid documents and speolfications, which Shall be
prepared by, and be the reToteibRity of the respOdiva disciplines.
A. The CONSULTANT Shall confrar with mptesentatives of the MY and the using agenoY W
determine the full Scope of the Project that wAl meet lire program requirements, and shall
advise the CITY ii; in Are CONSULTANTS opinion, the allocated fl ands sine adequate to
accomplish the program regnhieMmt&
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, comp rising of
the PmIect Timetable (Master Me"), planning Summary (unless advised otheiwtse),
Schematlo Design Studies (unless advised otherwise) as de5aed below, and the Statement of
probable Construction Cost
D. Thu FmposedPoject Timetable shall consist of a sdtedule showing the proposed completion
date on each Phase of the ProJect through design, bidding, construction, and proposed dais of
completion.
B. T6e'PlanolmgSrti�iAty �u»less advlsed'othawise) shall cbnafst of a vlcinity plan and blow-
up of the Site (if 41kable) showing Project orientation, and a brief Summary of all Wilmot
Planning criteria used for the Project.
F. The Schemado Design Studies (unless advised Odmwtse) shalt conalat OfaA plans, elevations,
sections, eta as mVked to show the scale andreladonft of dra parts and rho "ga Concept
of the whole. A simple peraPadva sketcls, model or photograph thereof may be provided to
Anther show ft designcbncapt
0. The CONSULTANT shall present the Sohematic design studies to the appropriate Boards for
their approval when•dreprOjcctmgUhW such sppmvaL
FL The CONSULTANT shall present the schematic design studies to all the appropriate Utility .
companies (such as BBi., Southern Bell, Dy=Tb Cabhq MDWASA, eta) ftr any conflict
With thotr•ndA & ,.
L Tice Statement of Probable Conettuetion Cost shall include estimated cost of dro Project
including fixed equlpn=4 professhonai fees, contingencies (if any), oscelation factors
a* *d to the estiawtrd bid data, movable estimate (if MY), and utillty service extensions (if
applicable). The CONSULTANTS- opinions Of probable Total Project Costs and
� s
ikSwbK200d
Yereaorl6 .
Constmcdon Cost are to' be made on-ft basis of CONSULTANI"S expedence and .
qualfficadona and represent CONSULTANT'S best judgement as an experienced and
qualified profasslond enomm familiar with rime local construction Industry and prices.
J. The CONS LR TAN t shall submit and present two (2) toploa of all documents required under
this Phase, without additional charge, for approve. t by the CriY and be shell of -moeed with
ft nextPhw undldkhtWbyfheCITY.
2.22 Mm Jr—Study and WgilDepelglippuL,
A: Prom the approved Schmnatte Design documents, the CONSULTANT shall prepare Dedgn
Development Documents, comprising the drawings, oWlee, speeiflcatiom and ' other
documents to fix and describe dto size and character of the ontire Project as to coostruetlon
and finish materials and other items incidental thereto as may he appropriate and applicable.
B. The Dealgft Development Documents aball comprise the Proposed project Timetable
(Updated). 04W SpociScadona, Updated Statement of Pmba1310 Consfmcdon Cost, and
Design Development DrawlM do„ as tugWwd to clearly delineate the Project, If -the
Updated Statement of A»bable Camuicaan Cost exceeds the allocated finds, &WIble cost
or scope redudian options shall be Included.
C. The CONSULTANT shall submit and prascnt two (2) sets of all documents required under
this Phase, wfdrart additionalchstge, for gVmvalby the M Yandnotproceed with the next
Phase until directed by rho C n Y.
D. JWCDNSMTANT shall aball tluies'diordtor trio Probable Comhaetion Costa to make
certain they remain within the rota[ allocated budget A Notko to Proceed to phase M win
not be Issued If the latest state neat of PmbWe Construction Cost exceeds the total auoested
f uXI&
2.2.3 Phase III- I3naiDeaienl bocunenis veioanwt:
A. Prom the approved Design Development Documaus, the CONSULTANT shall prepare Mast
Conahraxlon DoMuents satttag filth, In detail die recp&wwrt$ for the etnlnx tl= of the
Project hsc eft the •Propose[ (Bid) Pcsm and other necessary luformadon for bidders,
Cmt hdons of fbe'Conlract, and Complete Drawings sad Specifications. CONSULTANT
shall use Construction speallications institute (CSI) Standards and the City of South A farm
Standard .forma for the prVaratton of fie proposal (bid) fams, k7tructions to Bidders,
cond(dons of Cmdract sad SpecUfeations. The CONSULTANTsban review all exiling C.Yty
Speoifiradons, for completeness prior to use and strait supply all needed additional
specifications.
B. The Cmetrucdon Document% shall be prepared in a manner that win amm clarity of
linowark notes, and dmmendons, when trio documents aro reduced to Soli of their slzo.,Ali
drawings shall be on 24° x W paper VW oleo), on the CStlrs standard sheet format, uniess
approved otherwise.
caomtsw .
tmmemborznot
Yep�4dn6
C. All construction documents shall be submitted In bout "hard copy' and electronic media in a
mutually agteed upon electronic fatmat, but generally as foltows.,
1: Non - drawing submittals [a MkMhOft Offtce format.
2. Drawligs In AutoCAD fonoiat
3. CISfllas should be In. AraVlew format Version 5.2.
D. When the dovelgmcot of the drawings bas Rogrenad to at least 50% Cumple$on in lose
a, the CONSULTANT shall submit two (2) copies. to the MY for approval, wiihout
additional charge, along with updated oudim specifications. The CONSULTANT aball also
submit at this time an updated Statement of Probable Construction cast as indicated by time
factor, chaoges in requh0men% of general market conditions and an mgmdetd Project
Schedule.
Sloan w w1W ma Flamer aavrapawm unw mwuvm uy u,a
50% dwmma, *l.8 is meroiyed from mho CM. The CONSULTANT shall make all chatmges to
documents. The M complete Chrox set shall tic reuaned to Nte CITY.
F. A Notice to Proceed for the completion ofPh=M will not be issued if the latest Statemont
of Pmbabla construction Lion Cost exceeds the total allocated Awds, unless the, CITY inateases
mho total allocated fonds or the CONSULTANT and the CITY agrees on methods of cost
te&oonssuff lent to enable ecnstrUC tionwithintheRodsavatlabla.
G. UpM,M% couple tionofmhoCwsirudionDocumev %timeWNSULTAN1.r6�(isubmitto. .....
tip C iTY a fiad,•updaiad St omen ofPwbabie Copstruotion6ii along with two (2) Copies
each of Chuck Set of drswbrgs, spCaicalions, repots, pmgiama. etc., without additional
chargs, for a Had review aid comments or approvals.
13. Tire CONSULTANT shall make alt the necessary Preseamtions to the appropriate CITY
Boards (such as Bnviromnmtat Review Board,liIatorical Preservation Board etrn) for the
final approval.
1 The CONSULTANT atrmticlra cost to the CITY SWmako all requited claengaao 'radditions
and resolve all qundons resulting fiain pwapVb H if the changs or additions do not alter
the scope of the project as determined tinder pamgaph 22.1 A. no IW% OMPIeto Check
VA 9M be rewrned to Me CYTY. Upon final approval. by ibe CITY, tbo CONSULTANT
shall Ravish to the CTTY a Of 24 sets of 4agg. And tna0 ea±t^"s. at no
addhinW eostto'tho t3TY, forbiddbWpwposm tofu inshrrcied o&uwlw.
7. The CONSULTANT sw arrange for "dry nos° m6or maka find submissions. to
appropriate suthoddes yegalstay agoneies to iicludo and not limited to City, County, State
or lrederal) as 'necessary, to ascefth that the conshixd[on docuuMts meet fie necessary
requitatnaits to obtain all the awessaty permits for construction. CONSULTANT'sball
ooxmeer2ao4
(' ptge5M76
respond to Sit technical questions from regulatory agencies. CONSULTANT shall modify, at
no additional cost to CITY. In order to acquire the necessary permits.
22.4 PheseIV Blddfaeand N09&JMM Pbsse.
A. upon obtaining all necessary approvals of the Construction Documents, and approves by the
CM of the latest Stateaaant of Probable ConshuctIan Cost,.the CONSULTANT shall famish
the drawhW and speelflcations as Wdicatel above for bidding, and assia( the CITY in
obtaining bids and awarding and Preparing construetioneonhacts. The CONSULTANT shall
attend all pre -bid conferences. Ile CONSULTANT shall be present during the bid opening
and as part of his assistario to the CTPY will tally, evaluate and Issue axecommeodadon to
the C)TY slier verifyltg bond, lnsum oe documents. questimmaire and mferenoe submined
by the ponstructot,
B. no CONSULTANT shall issue Addenda through the CITY as appropriate to abr*, correct
or changa Bid boedments.
G If Pre-QuaifBeation of bidders is required as set forth in the Request for QualiAcation.
CONSULTANT shall assist City is developing qualification criteria, review quailfleatiorts of
prospective bidders, andrecommeml adapfsoca orroJxtion of the prospective bidders,
Dt. If f
1.
3.
4.
5.
helowestresp 01 aBaseBidnxelveiexc6eds tholo talAllocatedPondstheCrrYmay:
Vpmvoft hmm InProjectCost and award amostaxtion comma or,
reject eH bids and rebid the PcajW within a reasonabhi time with no ehSriga in the
Pmject, or
direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the Ca Y and rebid ftPmject, or
sugmdor abandon the ProJect, or
esemtaa all qd= under the City Chartm and State Law.
NOTE: Under item (2) above, dWCONSULTANT shall. witbarrt additlond cempcnsatiat, asset the
MY In obtaining he -bide, and awarding the re,-bid of the projeci, Under item (3) atom the
CONSULTANT shall, without additional comperrsston, modify the Cbnchuction Documents as
necessary to bring the Probable Contmodon Ceat withlnthe ToWI Allocated Ponds. Vnreu tbalowast
responsible bid. is over 15% of the CONSULTANT estimate.
13. Lbr the poapose of payment to the WNSULTANT, the Bidding Pbase will tetminare and tba
wAces of the CONSULTANT will be oend4tred complete neon signing of an Agreement
with a Commuter. Reje Lion of bids by the OffY does not constiottn cancellation of the
Project,
2.25 Phan V— 0MCMd Admtninarnr M of the finds WM Cgnbaab
A. The Canstractirm, Pimso will begin wRh the award of the Connection Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
cs
t>do�rzooa.
Per¢6 of t6
B, The CANgMTANT, as the represeritsttva of tha CITY dming the Cm sinwilon Phase, shall
advise eddconwthwith this CITY and shell have authority to act on behalf ofdw CITY to the
extent provided in the .(kneral Conditions and as modified in the, Supplementary Cmditons
of the Coratcuction Contract.
C. The CONSULTANT shalt offend pre- construction mwffiW.
D. no CONSULTANT shell at all times Nava seem to the project wherever it is in preptuatan
or progress.
B, Ths CONSULTANT shall visit tho siia at least woody and at all key construction ovanffi to
ascertain die progress ofthaPmjmt and to determine Ingenerai If the, WORK is proceeding hr
aocordmtca with rho Contract Documents. On the bast& of on -sit* observations, the
WNSOLTANT will use reasonable and wslomary care to guard tha•CITY'agabrst decocts
and defidmiclas in the WORK. Tbo CONSULTANT may be- required to provide omtnuous
daily on-she observations to chack the quellty or quantity of tiro WORK as sat forth in this
Agcoemcnt and deftul by 1ho Scope of WORK issued for the lndtvfeud project On the
beets of ibo on -alto observations, the CONSULTANT will advise the CITE' AS to tho progress
of and any obretved defects sod deficiencies In the WORK immediately In writing.
F. The CONSULTANT shall 8aaish tbo'CfTY with a written report of all observations of ft
WORK made by him during each visit fa the WORK. no shell also note, the gostaral-status
and pmgrm of ft WORE, and dual submit came in a timrlymanner. Tj* CONSULTANT
sh all ssa:rtabt at least ynosably tit & b"acttora� k ipalcing timely, waxatc, and oompkis
notations onrecmd dmwtogs.
C3. Based on observations at the 'lilts and on rho Coufractor's Payrrisnt C uffilcato, the
CONSULTAM shall dotenni a the amount dais the Contractor on account and he shall,
reconimmdappmvalo fft Certificate in such amom#s. The recommendation ofapproWof
a paymeat Ceatif{cata shall constIM a reprssentedon by rho CONSULTANT to the Crly
ttutt he outirm to the CITY that the WORK has ping oned to this point lodletted, and The
quailty of rho WORK is In a000sdanca with the ConbactDoeum mu subject to:
1. an avaluatoa of dre WORK foe comUmam with tiro contract dommats upon
substantial completion.
2. damatttsofagysubsequentteOrOquhWbythecontraddocumemts,
3, minty' deviations from rte contract documents correctable prior to completion and
acoeptanoa of the project
}y no CONSMTANrahallbavo an afflawfiveduty toreeommendmjeetonofWORK ,which
does rot =Mm, to thee Contract Dootmteots. Whenever, in his reasonable opinion, he
considers it neressmy or advfs6bla to insure compliance with the Conimet D= mants, he Will
a m Aptmaa
DattuUxreD4
FW70rr6
have audwrity (with the CiVs prior approval) to recommend apeola! fnspxafons or testing of
any WORK deemed not to be in accordance with ft C.onhact wbether or not such WORK
has been fabricated and delivered to thePmject, or insta W and compieted.
.L The CONSULTANT shall promptly review and'approve shop drawings, samples, and other
submissions of lha C.anirvoor foreonfwnaace with the dealgn amrxpt of the Project and for
compliance, wbh the Contract Doarments. C hangs or subditutions to the Contract
Documents"not be authorized wfflwdcoomme rce wnh the CPTY.
J. The CONSULTANT sba11 raviaw and recommend actloa on pmpnsed Change Orders within
tiai scope of tiro Project id acted by othem and iafdate proposed change ordem as regriireri by .
his own cbmrvatfow.
K The CONSULTANT shall examine, rho WORK upon recelpt of the Conhactor'a Certlftcate of
Substantial Coo*elion of ft Project. A Pw rh List of aay defects and discrepancies in Om
WORK required to be corrected by the CoukwtaK dball be p qMW by ft CONSULTANT .
in conjunction with re tafivw of the C17Y and satisfactory performance obtained before
the CONSULTANT recommends execution of Cullffeato of Final AeeepWoe, and fast
.p to the Cbnhada M shall obtda fmm the Coubtotcr ail warranties, guamntees,
operating and maintenarioe matntals for txpdpment rt teases of lien and such other documents
and axti8cmtes as may bo required by appitcabte erodes laws, policy regulations and the
gmcifiestlona, a nddeliverdwmitothe CITY.
L The CONSULTANT shall provide asststance In ob,Waing Coitlractds.compliance with
Gotdreot Lfocirnicrita rw3ladve w 1) Wdid- lusitriction of CUY pamonuel hr the operation and
m4ftnm= of any eolpmetd or sysW% 2) Wtial startup mud testtug, adjusting and
belaneingofequipn >enta+aisystems,and 3)Jrmdclean- upofthepsoject.
2.2.6 PhaseVl- PastC.atshri�Rrl.�� '
A. TheCQNSULTANT sbatlp q me and provide the CITY wiW a Written manual. to bed" by
the, a , outlining the implerambalaa plan of all the required mak t mace necessary to
keep the proposed WORK operaftdfna safe and effective manner.
0
property
G The, CONSULTANT shall assist In dm hrwpectfon of the, WORK one mouth b*m the,
orpimfion of any guww" period or dP sixth month Whtrduever h earlier and spat any
de8adive WORK in the Lao ect under terms of the gomanteefwarrantles for coMcdon. He
shall assist the MY with We admitdstratioa of gum VhWwmrmrttes for correction of
ildbodya WORK awmaaybe discovereddudng the said period.
243 AddftimalP'rofeadamlb`ervfoes
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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 %opo of Work given the CONSULTANT.
A. Special suatysls of the CITY'S noels, and special programming requirements for a project
B. ratatieisl feasibility, fife cycle costing or otter special dudfes,
C. planning smvays, siteevaluations, Oreomparativosurdiesofprospeettvesit ".
D. Design =VIM rebulve to future facilitiea, systema and equipment, which are not intended to
be constructed as pmft of a specific Project.
R Services to mvestlgate extating conditions (e)[cluding utilities) or facilities or to make
nma ved drawings thrxeof,' or to verify the accurpey of drawings or outer infomtation
futuisbed by thaCPPY.
B. Prof"donal dctaIW Batimatea of Construction Cost condstiag of quantity surveys itemizing
an material, egtdpmant and labor required for a project
O. Consultation concerning replacement of any WORK da naged by ftto of outer cause during
construction, and fiunishing professional setvices of the We set forth In Barb SeM= as
may be repired relative to replacement of suchVtOM providing the cause is foundby the
MY to be other titan by fault of the CONSULTANT.
1L prelb atonet services made nraoessary by the default of the Contta or or by major defects in
the WOPX under the Constro dion Cotnzact, providing rho cause Is found by the MY to be
off= th an by faul t of ft CONSULTANT.
L MaUng majorteviaions changing rite Scope of a project. to dmwhw and specifications when
suet revisions are Inconsistent with written approvals or instruction previously given by the
MY and ate due to causes bgr;nd do control of the, CONSULTANT. (Major revisions are
defined aff thus changing the Scope and ansugorawt of spaces and/or scheme or any
portion).
b Tha services of one ormarefoil- thasProjectkepresentatves.
K. preparing to serve or serving sa an expert witness in correction with any arbitration
proceoding or legal proceeding to connection with a Reject.
L professional services requirai after approval by tiro &rY or the Contmatoes Requisition for
rrtttal payment, except as otterwim required under Bask &M OM
>}or�asavl�ss�K
o„,ut pygleeptea SaNca
n�nooa
Hrp9 die
M. Preparing supporting data, drawings, and specifkattous as may be required for Change Orders
affecting the scope of a Project provided the Changes are dun to causes found by tha CITY, to
be beyond the control of the CONSULTANT..
ySftC'I Ma -=FDR i0M'Y XT(QNt
The services to be rendered by rho CONSULTANT for any WORK shalt be commenced upon written Notice
to Proceed front the MY subsequent to the execution of ails Agreement and shall be completed within tho
time based onmasoriableda mmination , stated in the mid Notice, toProceed.
A reasonable extension of than will be granted in the event theca is a delay on the part of the CITY In
feifillhtg its part of the Agra meni, change of scope of work or amid any other events beyond the control of
the r,ONSULTANTreader performance of his dudes irnpmMls.
.8 R SA O
The CONS TANT agees to negDdit it nua to fee or a fixed MM fee for each of the WORK
assigned to him based on the Scope of such WORK. Upon aMment of a feq rho MY will issue a written
wndrorisatioa to proceed to the CONSULTANT. In case of emorgency, the MY reserves the right to issue
oral authorization to the CONSULTANT, with the understanding that written confirmation will follow
immedlately thereafter. For reproduction of plans and specifications, beyond the requirements as i&m6fied'
underSection2•Pro&Wonal Services the C.rTYwlll pay the direct raft
The fees for Pm&sdonal Services for each of the WORK shall be determined by one of the following
methods or a combintabon thereof, as mrmnaity agreed upouby the MY and the CONSULTANT.
A. A fixed sum: The fee fora task ora scope of work may be tinted sum ss mutually agreed upon
by the CITY and the CONSULTANT. .
B. Hourly rata fee. The CITY agrees to pay, and rite CONSULTANT agrees to accept, for the
services mndend pursuant to this Agze meabfeesinacerndancowiththofollowing.
�PrL>ctpal
PmjectManager
Senior Boolnea
Rngineer
Convection Manger
Consuurnlon Inspection
SeniorDraflammMr;cbnkaYCADD Opeaator
mmMinen
DataPmc essing /Clerical
Howiy rates will Wu& all wages, bc ff%overbead and profit.
. . F3of�lgeLLSavleer AFeeavur
amfadBa�eaimasw7ee+
Daaabd'20Df •
Peseroorta
U20YRFM
$135
$105
$95
$75
$100
$55
$60
$55
$40
�i��,tUNS p'kT17i'ANAPA_i>!'tTA4,JPk8N�TB
no CITY will make moutbly payments or partial payments to the CONSULTANT for all authorized WORK
perImmed duffing the previous caleadar month, fbr design and eonstnretion prof eots where fee for each phase
is not apeoiarA -such payrncnt "on the aggregate, not exceed the percentage of the estimated total Basic
Compensation indicated Wow for each phase:
15% uponcompletion ' mid a,iprovalof Phase L
35%i upon completion and approval of PhamIL
55% Upon submlttsI and approval of 50% completa drawings and oudins speofficatlons of Phase
IIL
75% upon 100% completion and approval Ofkham Mend IV.
90% upon completion of the Project and Approval of an WORK Phase V).
100% upon fhW completion and approval of WORK elements AandBofPhmVL .
The 0ONSULTANTOW1 submit an original Invoice to the City's projectreprosentative.
The Invoice shall contain the following infumiat Ion:
I. The amount of the invoices submitted shalt be the amount duo for all WORK performed to
date as rxdtfied bythe CONSULTANT.
2. The request forpsymcrdaMl include the; following Information'
E. PmjectNew
b. Total Coll amount (CONSMTANT's lump sumnegotiated upset limit fees)
c. Pereentofworke6mplated.
d. Amotmteamc&
e. Ammaprevpously "billed.
I. iJUaftlavoico.
g, Bainnoeremaining
h. Summary ofwork done this billing period.
1. Invoice number and dat m
3. Upon zegmestby rho CITY the CONSULTANT "I provide rise CITY with certified payroll
daft fin the WORK reffecting salaries Bud 11014Y sates.
RF
X6 Y2fCN7' pIr DECt5TON3 .
An services shall be pe ribrmedby tba CONSULTANT to the sadsfactiou of the CWTS tepresM"Ve, who
than deolde all gmdons, diffia W% and disputes of whatever nature Well may atlas wider or by norson of
tide Agmement, ft prosecution and ildfll(ment of the servkM and the cbararW, qua! W, ammuot and value
and the reprewntstivo's decisions upon all claims, questions, and disputes sf>an be Seal, conclusiva•and
binding Upon the parties unless attcb determination is clearly atbitraty or umreasonable. In tiro event that ffie
CONSULTANT doer not concar In the judgement Of dna representative as to DAY decisions made by bury ho
SW present bis wtittenobjectiona to do City Nlanagorand u;Tuan abide by The decision of the City Manager.
Notbinp In rids section shall mean to' deny tiza right to arbitrate, by eltlar party, in accordance with the
S�ercaN7.owN asl neoxaaccm WO M
Alt reports and reproducible plans, and othar•data developed by the CONSULTANT for tho purpose of this
Agreement shall became the property of tho CITY without restriction or limitation in connection with the
owner's use and occupancy of rho project Reuso of these documents without wrltten agreement &Om the,
toNSULTANTsban to the CTTYS sole risk and withoutud;nity and legal exposure to the, CONSULTANT.
When each individual section of the WORK completed under this Agreement is compute: all of tho above,
data sball be delivered to the CITY.
Nothing In this contract shall obligato ft CONSULTANT to prepare for or appear In litigation on behalf of
the CTTY without additional co#ensatlon oxcept for Any dispute arising out of this coauact. The amountof
such compensation shalt bo mutually agreed upon and be subject to a supplemental agreement approved by
the City 0ammisslonCns and upon receipt of written authorization. fom the CITY pHor to performance of a
court appearance and eonferwob.
The CONSULTANT shall co*r with the CITY at anytime daring construction of the imprdvemug ' -
contemplatedastohhterpredationofplans ,erectionofemarsand ons and preparation of any r5csssary
plan thereof to roared such errors and omissions or clarify without added compensation.
- �CTiON9- N01'ICES -
Any notices, fop" of Other written CsoamualraUM from the CONSULTANT to the CITY Shah be
considered dalivered..when delivered by oourlec.or by mall to ft CITY. Any notices, reports .or other - '
communications from thee cny to the CONSULTANT shan be twaswered &nvered when delivered by rho
CONSULTANT in person or by mail to said CONSULTANT or but authorized representative.
VON i0 A lr>IT>i!t Qii'TS
no CITY, reserves the tight to audit tho records of the, CONSULTANT related to this Agreement at any time
doing the, execution of the WORK and fist a period of one year after boat payment is made. 'tibia provislon is
appibcable only to assignments that are on atime and cost basis.
SFCT 11 cftSLETTINC
The CONSULTANT shall not subiet,.Assign, or transfer any WORK under this Agreement without the prior
written consent of"CII'Y:
RCTCON 12 WARRANT Y
The CONSULTANT warrants that he has nor employed or retained any company or person, other than a bona
fide employee working solely for rho CONSULTANT, to solicit or seams this contract and that be has not
paid or Agreed to lay any company or person other than a bona Me employee wonting solely for the
CONSULTANT any fee, commission, paventago fb% gifts or any other considerations eontiageat upon or
resulting fora the award or melt of this contract. For breach or violation of this wmmq, the CTTY sball
have tha rbgbro annul this contract without liability.
oaiai�tamvlm
nooember2Dat
ese tx of to
S&WQN113 TE1tMATTQXOFAG1 T
rt Is expressly orders" 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 sale obligation ro the
CONSULTANT' shall be payment for dim units or section$.of the WORK previously authorized in
scaordawte with the provisions of Section 4, such payment to be; detehviieed on the basis of the WORK
perforated by the CONSULTANT up to the time ofWlydnadon.
��ON I4 • DURATION OF AG1ltESM.P.NT
Ibis Agreement, for the purpose of teaming new WORK shall remain in hill force and effect for a period
endlug Deeember 1, 2(07, although the actual completion of peaformanre that' extend beyond such term, or
mall the depletion of funds allocated for the WORK, or unless otherwise terminated by.mutual consentof the
partles hereto.
W= 15 - RINEWAL OP i EON
Ibis agreement may be recowed, at the sole diseeedon of the CITY, for a maximum of one two year term at
the and of the initial period.
LEC fON 16. D AULT
ra the event either party fails to Comply with the provisions of this Agreement, the aggrieved party may
declare the othu party In default and notify him in writing In such 6VM14 the CONSULTANT will only be
compe sabbd for any completed professional am -Woes. In the evem padial payment has been made far suds
prof mdomd services not completed, de CONSULTANT sbatlreturn such atoms to the CITY within ten (10)
days after mice that said sums are doe.• In the event of litigation by the other party to enforce the provisions
of _ails, cgptrad &s pmvaidng patty wilt be compensated.for masonabie attomey's fees. Ta no event shall
ellerray`s fees awarded against the CITY exceed 2.S% of the award for damages, The CITY does not waive
sovome p n m misty from awards ofprejudgment interest.
��tONr7 INStmlljjLANDINDFd4fNII+ICATION
no CONSULTANT shell not commence• WORK on this Agreement until he has obtained all insurance
required by the CITY. The CONSULTANT shalt Indemnify and save the Clay harmless from any and all
claims, hhability, losses and causes of actions arhslog solely cot of a negligent error. omission, or act of the
CONSULTANT Inoldent to the petfesmattco of tho CONSULTANI"S'pmfeaslond services under this
Agreement. The CONSULTANT shall pay ell claims and Iosses of any nature whatsoever, in comeetion
therewith. .
The CONSULTANT agrees and necagdzes that the CITY shall not be hold Itablo or responsible for any
claims, which may result Horn actions or omissions of tie CONS�Iii TANT's actions. Lt ieviewing,
approving orrgiecdrig any submissions or acts of die CONSULTANT, the MY la no way assumes or shares
responsibility or liability of the CONSULTANTS or Sub-consultanta, the tegiahnred professionals under this
Agreement
The CONSULTANT shall maintain duriog the term of this Ag cement the following insurer=
• BrorwtneatsmimAa�m+
o�mtms�sseHcow
oxemMl20aL
raetrwta
professional liability bsnance in the amount of $1,000,OOD with deductible per claim if any,
not to exceed S% of the limit of liability providing for all at, which the CONSULTANT
shall become kgaily obligated to pay as damages for claims arising out of the services
perfomtert by the CONSULTANT or any person employed by him In connection with this
Agreement, 'lWs insaatxa shall be maintalned for three years after completion of the
construction and acceptance of any project covered by ibis Agreement. However, the
CONSULTANT may purchase Specific Project professional Liability lasurance which Is also
acceptable.
B. Comprebehsive general liability insurance with broad form endorsement, Including
aubmwbilo 11ab0ity, completed operations and products liability, contnutual. IIAI ty,
sevaability ofWerest with cross fiability provision, and personal dt wy and property damage
Ilabluty with iimha of $1,000,000 combined singla limit per Occurrence for bodily injury and
property damage. Said policy or poll6as shall name CITY as additional ineuted and shall
retied the holdharmfass provision contained fimula.
C. Workman's Cpmponsatioa Insurance in compliance with Chapter 440, Horfda Statutes, as
presently writtn or haeafter amendul.
D. The policies except for'Section 17 A shall contain waiver of subrogation against MY wham
applicable, shall expressly provide that such policy or policies we primmy over any other
collective bu uraace that CrfY may have Ito CITY reserves the right to request a copy of
the tequked policies for review. All policies shall contain a "severabllity of Interest" or
Oovus liability, chatsewrtthoutobiigation for premium paymeetOf the tM y,
g. Alt of dta above ittsnanoa is to be placed widt ]rest rated A-8 or better Insurance companies,
qualified to do bushm under the laws of ft State of ptotfda.
The CONSULTANT shall fandsh ceracates of induanee to the. CITX prier to the commencement of
opetadon% which ca fieat% d aif clearly hulicnto that the CONSULTANT bas obtained insunmoo in the
type, amount, and classification as required for strict complianco with this Section and that no reduction in
ifmlts by endmaemeutdwing ft policy tam, or cancellation of this htsuranca sbafi be effective witdicutthiriy
(30) days prior wdvm notice to dw CITY.
Compliance whh the fcregolag requkements shall not relieve the, CONSULTANT of his liability and
obligations under ft Section erunder agyother pardon of this Agreement.
• YmfebttoeelaadxsAgxnxen
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Pw 14 of 16
Pete � f
The CONSULTANT agreca to abida and be governed by all duly promulgated and published CffY, County,
State and Rederal codes, ordlaanaea and laws In effect at the thno of design which have a direct boning on tha
WORk involved on this pmJeet' Tbm CONSULTANT is reviled to cmnptetePublic Entity Crimes Affdevit
form (attached) pursuant to N 287.133(3}(a).
�rtr'";FTt?N:A LNTITtETYjiBAGItIT'
7% writing embodies ft entiro Agreement and understanding between the parties homto, and there am no
other Agreements and understandnga, ant or written, with reference to the subject matter hereof that amnot
merged herein and sl�tsodod hereby.
No alteration, change, or moMeadon of the teams of this Ag teftnt shall be valid unless mado In wiling
and sigaddby both parties.bemto, upon epptnpriate action by the CIty Couimbsionem
IN WITNESS WMWA this Agreement is accepted on the date frst above written subject to tho temps and
conditions &atfm&b min.
Authority of Rosolutioa tSo.�3w0t(- i19m'Y
duly paved and adopt the mty"bf south
Wand. City Coireaisaion�(�� 7t{
ATTEST: CITY OFSOUMMAW
v. via.GYty2�MdCi� tyCk Manager
A CCOONSSIXTTANT:
jlpaart �itatcm
STATBOPPMRIOA }• vice- P�ESrAa�r
ss; Ackaowkdgerncat of City of South Hand
COUN1"SCOPDAbE } .
The foregoing insta meat was acknowledged befom me Wk C2 day o� 2004 by
MARIA V. DAVIS and HAM MSN MBZ, City Manager and City e: respectively of the CTTY OR
SOUTH MIAMI, on behalfof dxi CITY, who arc personalty known to me.
• rorausowlauvtenApameoe
crmctre�a��
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Pno is of 16
Lip" . Y •- GP.iftG<f �
otaryPublic,Sta OfPio24da
f
Ptintname:
CommisalonNot o`ia ap
bomm
esa
STATEOPPLOMA ) '�S �oe� u ARM
ss: Acbwwkedgement of Consultant
COUNTYONDADE )
}� Tho forega�ng aat was aaimowleW before me this. dsy of � a✓ 2004 by
S
tcrf4YtOr1 CA,lC4_ 4 , P of � Ii _ on bebalf of the CONSULTANT.
He is personally known to ma m Uas produced an idand8aattom
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• p�;�rAG'e M�•�1rS
A
• pkoruiipxl3avins Aarx>nra
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Cammtsston No` P D 2• G 7'7 4-1—
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�Y ,/ �,.•q}eyvas5>�r16.2aDY
AMENDM NT To CONTINM(; PROFESSIONAL SERVICES
AGREEMENT DATED DECEMBER.1, 2007
.Ccueral Engineering Services
THIS FIRST AMENDMENT December 1, 2007 continuing professional services
agreement is made and catered into this i yd'day of Quo - . 20A�fby and batween the City of South
bVami, a potitieal subdivision of the State of Florida, (City) and Como Castelia Cmbaito Thompson
Salmsn, PA, aprofeseionat association aatboiized to do business in the State ofFlorlda, (Consultant).
wHEREAS, in 2007, pm trot to section 287,055, Fladda.Statutes, the city reguegted
quaMentions from que"ed engineers and selected the consultant to provide professional general
engineering services; and
WURRZAS, the term of the continuing professional services contract expired on September
30, 2003, the parties have mutually agreed, and the consultant is willing and able to perform
continuing professiond services for the city for another year, starting December 1, 2007 and ending
November 30, 2008;
WHEREAS, the parties agree to adhere to the basic terms and conditions set forth in the
original agwament dated November 30, 2004, but agrea to amead the tern of the November 30, 2004
contract to reflect a new contract tam starting December 1, 2007 and expiring November 30, 2008;
and
VV"REA3, the purpose of this filet amendment to the continuing services agreement dated
November 30, 2004, is not to authodw too consultant to perfomh a specifio project, but to extend the
term ofthe underlying contract to.Novamber 30, 2008.
NOW THEREFOpX, in consideration of the suan of $10.00, the• mutual promises and
covenants contained in this eotittaet, and for other good and valuable rho receipt
and legal suf cienoy of which is acknowledged by parties, p
1.. WHEREAS CLAUSES .
1.1. The above whereas clauses are incorporated and made a part of this first
amendment to the continuing professional services contract dated November 30, 2004.
2. SCOPE OF 't'WORK— PROFESSIONALSSMMES
2.1 Consultent'a scope of work, professional services, for this project shall be as
provided at Section 2 of the continuing professional services contract dated November 30, 2004, on a
continuing basis In connection with projects where the basic 00ushu'Wou costs does not exceed. $.IMIHon,
or stadiea which do not exceed S50,ODD.00, as amended. The November 30, 2004 agreement is attached
as exhibit I to this first amendment.
3. PAYMENT - -BASIS OFCOWENSATION
3.1 The city shall pay the consultant the contract smount(a) provided as provided for
at Section 4, "Basis of Compensation", of the continuing profesaional :services agreement dated
November 30,30M. wbieh agreement is attached to the first amendment as exhibit 1.
4. CONIMENCEM 14T DATE AND TERM ,
4.1 Tho tern of this fast amendment to the November 30, 2004 continuing
professional services agreement shag Commence upon the date of December 1, 2007 and expire on
November 30; 2008. Thaw provisions"replace and superceda section 15, "renewal option" of the
November 30,2004. agreement.
S. AGEMEMENT NOT 1XCLUSIVE
5.1' Nothing in this fhst amendment shall prevent the City from employing other
Consultants to perform or provide to the Citywithtfie same or similar services.
6, CODES, ORDINANCES AND LAWS
6.1 The Consultant age to abide and be governed by all duly promulgated and
published City, County, State and Federal codes, onliaa M and laws in effcdt at the time ofdasigt which
.have a direct bearing on the work involved on AN project Attached as exln'bit 2 to this amendment is
Consultant's executed Public Hatity Ofim Affidavit ibmn, as reVh'ed under § 287.133(3xa), Pia. Stat.
7.. EN'i'1RETYOFAGIMEMENT
7.1' This amendment to tho Novomber 30, 2004 conthming.professional services
agreement, when signed by all of the patties, constitutes the full and complete understanding
and contract of the parties and. may not be in any manner interpreted or fulfilled In
contradiction of its express Corms. This amendment and the incorporated attachments constitute
the entire understanding between the parties and integrates by its terms all previous- contracts
First Amendment to Continuing Professional Services Agreement dated November 30, 2004
Ganbrai Engineering Services
Page 2 of4
or understandings, oral or written, between the patties. In the event of any conflict, the terms of
this amendment will govern over the provisions of any incorporated documents.
S. SEVEI`. HATY
&I should any paragraph or any part of Any paragraph of this contract be rendered
void, invalid or unenforceable by any court of law, for any reason, the determination shalt not render void,
invalid orunenforceabio any other section or part ofanysectionofthiseontract
9. WARRANTY 6FAMUOAt7i Y
9.1 The sigaatorles to this contract warrant that they are duly authorized by
action of their respective city commission, board of directors or other authority to execute this
contract and to bind the parties to the promises, terms, conditions and warranties contained in
this amendment to the continuing professional services contract dated November 30, 2004., No
alteantion, change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties.
10. NOTICP.S
10.1 Ali notices given or required under this contract shall be deemed sufficient if sent
by cerdfied mall, relam receipt requested, to the addresses of the touuultant and to the city specified in
this contrae% unless elaw.pady shalt specify to the other party a different address for the giving of tho
notices.
11. CONTRACTWO OMCM REPRESENTATION
11.1 For the purposes of Oris'anlendment, the contracting offrceis are as follows:
To the City: City of south Miami
Yvonne S. MoYinleY, City Manager
7630 S.W. 64th Court
South Miami, Florida 33143
To Consultant: 11— �altoThompson Salmon, P.A.
C t
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First Amendment to Continuing professional Services Agreement dated November 30.2004
General Engineering Services
Page 3 ofa
IN WITNESS WHEREOF, the parties hereto, aoting through their duly authorized
o8loers, have executed this amendment to the eonthudeg professional services agreement dated
November 30, 2004 as of tfie date first above written,
Authority of Resolution No.: 208 -07 -12593
dulypasmed and adopted by the; South
Mramr City Comrajmloa on December 18, 2007
ATTEST:
c ty clerk�,
Maria M. Menand� sx
ATTEST!
"PROVED AS TO FORM &u CONTENT
city N 1cy
COQ CASTELLA CARBALLO
TROWSON SALMM, P.A., .
Consultant
Print Name; �Rr✓t i nkt57r , ✓tr Patat�r.
First Amendment to Cohtlauing Professional Servieee Agreement dated November 30, 2004
t3enerai Engineering Services
page of
AMENDMENT NO.1
To
PROFESSIONAL SERVICB AGREEMENT
Between
CITi' OF SOUTH MIAMI
And
CORZO CASTELLA CARBALI.O THOMPSON SALMAN, PA, (C3TS)
This anicuds the 8ouefal engiacertng service agreement between the City and C3TS
rotative to the updated Florida Statue 257.055(2)(8). P898 ,1; second paragraph of the
Professional Service Agreement shall read ".,.on a eoutlau ug basis in connection with
projects where the .basic construction costs does not exceed St snWon or for study
activity when the fee fdr such professional servicb does not exceed $50,000 or as per
MY rida Statute update..." in lieu of "...on a continuing basis In connection with
projects where the basic construction costs does not exceed $500,000.00 or studies which
do not exceed $25,00T1..."
All other provisions of the Agreement remain unchanged.
Auftlity of Resota tloa No. .:1007 -I239S
Duty passed end adopted by the City of South Mtamt
CityCoauolasloa onFeuvay 6, 2001.
CITY Ov SOUTH hilt M
Siguaturb: v Pare:
By. `{v ttc Mtsktritg�[ Tide. C -P, .
CORZO CAMLLA
P.A.
By 2�lyyrJ CA�.ILsU d" Tito: V10E — Pi2C+lJL? -/i-
SWORN STATEMENT PURSUANT TO SECTION 287.933 (3) (a)
FLORIDA STATUTE$ ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AiJD SWORN TO-IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This fors statement is submitted to '17? k--- Ctrl Of- So 0711-
by
for
ZE
whose business addrasa is pWa A2: M-) OGirV, suJtr -"po cbrAn I'Aoc es�
and If applicable Its Federal Employer Identification Number (FEIN) Is 69,031111 tf the e
not FEIN, inctudethe Social eecud(y Number of the Individual signing this sworn statemr.int
2. 1 undarstand that a'pubifo entity odure" as defined in paragraph 287.133(1)(g), F7ortdq S� &I,;
Means a vldialion of any state or federal law by a person with respect to an directly related to
the transactions of business with any public entity or with an agency or politkat subdivision of
any other state: or with the. United States, Including, but not limited to any bkl or contract for
goods or asnAces to be provided to pubdo entity isr agency or political subdMolon'of soy other
— st cterorrof the UnHed-States and involving antitrust. froud, thefp bribery, collusion, racksteering,
consphacy, or material mialnterIntadoh.
3. 1 understand that 'Convicted! or `carrvfcdon' as defined in Paragraph 287.133(1)(b), flodda
W means a finding of guilt or a conviction of a pubtlo entity crime, wM'or without an
a =on of gunk, in an fodoml or state trial court of record relating to charges brought by
In or loformation ofterMy 1, 1980, as a result of a jury verdict, non3uryfrial, or entry of
a plea of guilty or note contendsm. .
4. 1 understand that an'Agdlate as defined fn paregniph 287.133(1)(a), Florida Statutes means:
1. A'predecesaoror aucceseor of aperson gonvicted cf a pubifo onllttyy Crime, or
2. An entity under the control of any natural person who Is active In %s management of the.
entity end who has bdo convicted of a pubga entity crime. The toms 'atfiif W includes
those officers , diradolb, axomoves, partners, shari Wdare; employees, members, and
agents who are ardlve in the management of gn atRdate. Tha.ownelship by one person .
Of shares consulli g a oonbogrrg Hemet in another person, or a pooling, of equipment
or income among -persons wfAh not for fair market value under an arm`s length•
agreement, shad be a prima facie case that one person oorArois another person. A
person who know 0gly enters-lnto a joint venture with a parson who has been convicted
of a publb entKy'crkme in Florida during the preceding 38 months shall be considered an
adidsto.
8. 1 understand that a 'person' as defined In Paragraph 287.133(1xa), Florida Statutes. means
any natural parson or amity orga�rb��ad under the laws of any stale or of the United States within
the legal powar to enter Into a bmdut; contra t and which bids or dppdas to bid on contracts for
the
provision of goods or entity, The term "person Includes those otters, executives, partners,
shareholders, employees, members, and agents who are acdtre in management of an angry
S. Based on information and belief, the statement which t have marked below Is true in rotation to the
onfity sttbmItttng this awom statement (Pieria indicate which statement applies.)
ll / Nal hor the enflty submttft mom atatemorrt, nor any of Its officars, director, executives,
partners, chamboiders, employees, members, or agents who are active in the management of the
entity; nor eny affiliate of the entity has been charged with and convicted of a public entity alma
subeegttent to July 1, 1989.
The antily submitting this sworn statement, or one or more of Rs ofiicats, directors,
executives, partners, shareholders, employees, members, or agents who are active In the
management . of the entity, or an alii late of the entity, or aryaWate of the entity had bean charged
with and convlat$d of a publio entity crime subsequent to July 1, 1969, Aft [O (please indicate whloh
additional statement applies.
The entity submitting this sworn statement, or one or more of its oMcers, directors,
exeouWn, partners, shareholders, omployses, membem, or agents wiro are active In the
mapagement. of the entity, nor any atf ilato of the entity has been charged with and convicted of a
pubilo entity crime, subsequent proceeding before a Hawing Wear of the State of the State of
Ftodda, Division of Administrative Hearings and the, Fine! Order entered by the Hawing Officer
dataiminsd that it was not to the pubga Interest to place the entity submitting this sworn statement
on the convicted vendor Est (atteoh a copy of the final order). . ,
i UNDERSTAND,THAT THE SUBMISSION OF"TiiIS.FORM TO THE CONTRACTING OFFICER
FOR'THE PUBLIC ENT01' IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE iS FOR THAT PUBLIC '
ENTITY ONLY AND THAT THiS FORM IS VALID TH)R20UGH DECEMBER 81 OR THE
CALENDAR YEAR IN WHICH IT IS FILED.1 ALSO UNDERSTAND THAT I AM REQUIRED To,
INFORM THAT PUBLIC ENTITY PRIOR TOENTERING INTO A CONTRACT iN EXCESS OFTHE
THRESHOLD AMOUNT PROVIDED IN SE0170M 267.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED iN THIS FORM.,
($tgfratiiie)
Sworn to and subscribed before me this —,A;3—�dayof�T_ 20�2L
Personalty known �je m P. .
Or produced fdantnoatton Notary Public Stafa of Fc —R--Z /'— ..
--I UVIIV