Res. No. 176-08-12773RESOLUTION NO.: 176-08-12773
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK
ORDER FOR CONSTRUCTION PHASE SERVICES TO T.Y. LIN
INTERNATIONAL /HJROSS FOR S.W. 66'x' STREET IMPROVEMENTS - PHASE I IN
AN AMOUNT OF $31,500.00 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE
OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) GRANT ACCOUNT
NUMBER 106 - 1790 - 541 -6305; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements
along SW 66'" Street from SW 59`h Place to SW 58`h Avenue; and
WHEREAS, the Mayor and City Commission authorize the City Manager to secure the services
of TYLin I nternational/HJ Ross for construction administration of the SW 66`h Street Improvements -
Phase I project; and
WHEREAS, the total cost of the professional services will be $31,500.00, funded through the
Miami -Dade County Office of Community and Economic Development Grant fund account number 106-
1790- 541 -6305 with account balance of $300,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute a
professional service work order with TYLin International /HJRoss in an amount of $31,500.00 for
construction administration of the SW 66`h Street Improvement - Phase I project.
Section 2: The total cost of the professional services will be $31,500.00, funded through the
Miami Dade County Office of Community and Economic Development Grant fund account number 1790-
541 -6305 with account balance of $300,000.00.
Section 3. The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 6th day of November 2008.
* �i' 4.�
READ AND APPROVED AS
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
absent
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
�of soupy'i
= CITY OF SOUTH MIAMI
oa a INTER- OFFICE MEMORANDUM
To: Maria M. Menendez Date: 1/26/09
City Clerk
From: Matilde G. Menendez 77� 'W7
Finance Director
Copy: W.AjibolaBalogun
City Manager
South Miami
hAd
A &AmaiYaC9Y
RE: Addendum to correct account
number on Resolution No. 176 -08-
12773
This memorandum shall serve as a request to correct the account number submitted on the
referenced resolution. It should read account no. 106- 1790 - 541 -3450. A copy of this
memorandum shall serve as addendum to the approved resolution.
Should you have any questions or comments, please do not hesitate to contact me.
END OF MEMORANDUM
c. ,
South Miami
tdHbmereca ily
CITY OF SOUTH MIAMI m�
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager l°
From: Jose Olivo, P.E.
Public Works & Engineering Department
Date: November 6, 2008 Agenda Item No.:
Subject: Approval of Professional Service Work Order for Construction Phase Services.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
WORK ORDER FOR CONSTRUCTION PHASE SERVICES TO T.Y. LIN
INTERNATIONAL /HJROSS FOR S.W. 66th STREET IMPROVEMENTS —
PHASE I IN AN AMOUNT OF $31,500.00 TO BE CHARGED TO MIAMI -DADE
COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT
(OCED). GRANT ACCOUNT NUMBER 106 - 1790 - 541 -6305; PROVIDING FOR
AN EFFECTIVE DATE.
Request: Authorizing the City Manager to approve professional service work order
for the S.W. 66th Street Improvements — Phase I.
Reason /Need: As one of the City's professional general engineering consultants, TY,Lin
International /HJRoss will provide construction administration services for
the construction improvements along SW 66th Street from SW 59th Place
to SW 58th Avenue. Attached is a letter from the funding agency
(OCED) approving T.Y. Lin International / HJ Ross for the project.
Cost:
$31,500.00
Funding Source: These services will be funded through the Miami -Dade County Office of
Community and Economic Development FY 2008 CDBG grant account
number 106 - 1790 - 541 -6305 with account balance of $300,000.00
Page 2 of 2
Comm. Agenda Item No.:
November 6, 2008
❑ Proposed Resolution
❑ TYLin I nternational/HJ Ross Work Order for Professional Services
• Professional Services Agreement for General Engineering Services
• Amendment to Continuing Professional Services Agreement
Page 2 of 2
i i ti -A lfi S 111
aNa
Carlos Alvarez; Mayor
October 30, 2008
Mc W. Ajibola Balogun
City Manager / Public Works Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Community & Economic Development
701 N.W. 1st Court m 14th Floor
Miami, Florida 33136
T 786 -469 -2100 F 786.469 -2170
Re: Request for Approval of the Engineering Consultant (S. W. 66n' Street
Improvements — Phase 1)
Dear Mr. Balogun:
miamidade.gov
In response to your agency's request for approval of the City of South Miami's
recommendation of the engineering .consultant, TYLin International- HJRoss firm's
qualifications and proposal for construction engineering inspections (CEI) package
received on October 20, 2008. Staff reviewed your request to determine compliance with
the terms of the CDBG Contract and the federal procurement requirements used to select
the subcontractor, and to verify that the minimum elements are incorporated in the
proposed subcontract agreement. It was noted that the City's Commission authorized a
one -year extension of their current professional continuing services agreement with TYLin
International- HJRoss. The language and content used in the proposed Professional
Services Agreement has been reviewed and meets the Office of Community and
Economic Development's (OCED) requirements.
Should you have any questions, please contact me at 786 -469 -2220.
S'ncerely,
etitia S. Goo son
Contracts Officer
Project Management Unit
TY LIN INTERNATIONAL I HJ ROSS
engineers I planners I scientists
May 20, 2008
Mr. W. Ajibola Balogun, REM
Public Works Director
Citv of South Miami
Public Works Department
4795 S.W. 75`s Avenue
Re: Construction Administration and Site Observation
S.W. 60 Street Improvements
Dear Mr. Balogun:
We are pleased to submit this proposal to provide bidding assistance and construction administration
services for the above - referenced project, as described in the attached Exhibit "A ". The estimated cost for
these services is a lump sum fee of $ 31,500.00
We trust you will find this proposal acceptable and await your authorization to proceed. If in agreement,
please initial the attached sheets, sign on page 4 and return one original for our records.
O_
201 Alhambra Circle, Suite 900 1 Carol Gables, Florida 33134 1 T 305.567.1888 1 F 305.567.1771 1 w .ylincom
E UPSIN TERNAHONAL I HJ ROSS
EXHIBIT "A"
S.W. 66`h Street Improvements
PROPOSAL FOR GENERAL ENGINEERING SERVICES
I. DESCRIPTION OF THE PROJECT
The project consist of the reconstruction of portions of S.W. 66`s Street, all within in the City of
South Miami (CITY) Project elements include drainage, water main, sidewalks, paving,
landscaping, electrical, irrigation, etc.
T.X. LIN INTERNATIONALIHMOSS (CONSULTANT) will provide construction and post
construction phase administrative services and for the above - referenced project. This work will
be performed in accordance with the Professional Service Agreement for General Engineering
Services (AGREEMENT) dated December 2004 as amended herewith.
II. SCOPE OF SERVICES
The specific work scope tasks to be performed by CONSULTANT and its sub - consultant are
I) PHASE V: CONSTRUCTION ADMINISTRATION PHASE
CONSULTANT agrees to provide the Phase V — General Administration of the Construction
Contract services in accordance with Paragraph 2.2.5 of the AGREEMENT with the following
modifications:
1.1 CONSULTANT bases fee for this task on a construction time of 150 calendar
days (20 weeks) from award of Construction Contract to approval, by the
CONSULTANT, of Contractor's final Payment Certificate.
1.2 CONSULTANT bases fee for this task on conducting weekly site visits and part-
time on -site observations at an average of twelve (12) hours per week, three hours
per week of construction management and three and a half hour /week of project
management. In the event that continuous daily on -site observations are required
as stated in Paragraph 2.2.5.E. of the AGREEMENT, CONSULTANT reserves
the right to negotiate additional fees with the CITY at the hourly rates found in
Section 4 of the AGREEMENT.
1.3 CONSULTANT bases fee for this task on participating on two (2) Public
Involvement Meetings and one Meeting with the CITY's Community
Redevelopment Agency (CRA) at four hours each of project and construction
management.
City of South Miami - Public Works Department May 22, 2008
S.W. 66`h Street Improvements Page 2
Proposal for Engineering Services
V' UN INTERNAFIONAL I Hd ROSS
III.
IV.
Q
W
2) PHASE VI: POST CONSTRUCTION ADMINISTRATION
CONSULTANT agrees to provide the Phase VI — Post Construction Administration services in
accordance with Paragraph 2.2.6 of the AGREEMENT.
1.1 CONSULTANT bases fee for this task on eighteen (18) hours of project
management following construction completion.
The below listed Sub - Consultants will assist in the performance of the project:
Sub - Consultant Name
Palm Engineering Group, Inc.
Specialty or Expertise
Construction Inspection Services
CONSULTANT will submit the following deliverables to the CITY:
SCHEDULE OF DELIVERABLES
Task
Description of Deliverable
No.
Fee Basis
1
Copies of Pre-construction agenda and minutes, shop drawings, change orders, payment
Task Name and /or Activity Description
certificates, construction observation reports, test results, and correspondence.
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.
SCHEDULE OF WORK
Task
Task Name and/or Activity Description
Duration
Fee Basis
2
No.
Task Name and /or Activity Description
Work
Projected
Projected
I
$1,800.00
Lump Sum, Fixed
days
Start Date
Finish Date
2
PHASE V: CONSTRUCTION ADMINISTRATION PHASE
150
TBD
TBD
COMPENSATION
CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum,
Fixed fee of $ 31,500.00
SUMMARY OF COMPENSATION
Task
No.
Task Name and/or Activity Description
Fee Amount
Fee Basis
2
PHASE V CONSTRUCTION ADMR41STRATION PHASE
$29,700.00
Lump Sum, Fixed
3
PHASE IV POST CONSTRUCTION ADMINISTRATION PHASE
$1,800.00
Lump Sum, Fixed
City of South Miami - Public Works Department May 22, 2008
S.W. 66th Street Improvements Page 3
Proposal for Engineering Services
." `'LIFt INTERNAMNAL { HJ DOSS
VII. SERVICES NOT INCLUDED
The following services are not included in the Scope of Work for this project
1. Roadway Engineering services identified in Paragraph 2. LA of the AGREEMENT.
2, Drainage Design services identified in Paragraph 2. 1.13 of the AGREEMENT.
3. Civil Engineering services for Sanitary Sewer System Evaluation and design identified in
Paragraph 2.1.0 of the AGREEMENT
4. Traffic Engineering services identified in Paragraph 2.1.1) of the AGREEMENT.
5. Environmental Engineering services identified in Paragraph 2.1.E of the AGREEMENT.
6. Phase I services identified in Paragraph 2.2.1 of the AGREEMENT.
7. Phase 11 services identified in Paragraph 2.2.2 of the AGREEMENT.
8. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT.
9. Geotechnical Engineering Services including subsurface explorations and/or testing.
10. Permitting Services
CONSULTANT's Project Manager for this Work Order assignment will be Jose Nessi.
Prepared by:
Jose M. Nessi
Approved by:
Date
Date
City of South Miami - Public Works Department May 22, 2008,
S.W. 66" Street Improvements Page 4
Proposal for Engineering Services
M
M013913NVd 193HS SIH133S
o
00 +9�'V1S:3NllHOiVW
vvof
R
I
4q
Z
_
W Z
Awmv
4I65 'M'S
�-
m
s �
i
WO
I
44
n
W
5 0 Fd-
$ W to
EmNRAVI I[(
o
4189 m s
6 l AA
Op
I gtl
f
y
1
^
-�• �
_
�I g�
=
1
6`Spap
112
i,inoo .I
@
d g E
11 x a
�'
4
4169 AIIS
pig
0
g
� I
La
�a^R
N p
S f>i
Ox' g`,
3
z it
�R
3DVtd
d
A
Mw t .�
4165 'M'S
i
'.
m•u
I'+b>
PAGE .E %.:._.. is
_._kF89mS
a
i I
9AO8Vl3NVd 193HS SIM 39S
00 +9L'V1S'3NIlHOlVW
RESOLUTION I 10. 183-04-11962
A R �SOLUION OF THE MAY OR AND CITY COMMISSION OF THE
JT
OF SOUTH MIAMI$ FLORIDA, AUTHORIZING THE CITY
EXECUTE ., ENGINEERING
MA AGER TO CjjTE PROFESSIONAL GEN ERAL
SERVICES AGREEMENTS WITH MILIAN SWAIN & AS§OCIATES, INC-,
H.j. ROSS ASSOCIATES AND CORZO CASTELLA CARRALLO
TITCi MPSON SALMAN, P.A�; PROVIDING FOR AN EFFEC71VE DATE
i
WHAREAS, the Mayor and City Commission desire to retain consultants to provide Professional
General Nigincering Services; and
I
WilgREA8, by Way Of resolution number 173-04-11952, the City Commission approved the
-negotiated hourly rate for such professional services,
NO4, THEREFORE, BE IT DULY BY TIM CITY COMMISSION OF TI.IF
CITY OF SOUTH MIAMI, FLORIDA, that:
I
Section j:ThQ C :
City commission authorizes the City Manager to execute separate professional services
agreements ith.
'Milian lign Swain & Associates, Inc.
II �J�Ross Associates
0 IaCarballoTliompsonSaltlinil,P,A.
em
Section.. —2: *1140 agreements allow for renewals of additional one -year periods at the City's Option-
he executed professional 0yeneral Engineering Agreements shall be made a part or this
resolution. I
gec on 4. 1jIlis resolution shall become effective upon its adoption.
PASSED AND ADOPTED this day or
2004,
ATTEST:
APPROV1313 • -- -----
Mar Sco ussel It I, , M M
r
aria. Menclidez, City
RAD AND APPROVED AS To FORM: Commission Vote: 5-0
E
Mayor Russo'] I: yea
Vice Mayor Palmer: Yea
Commissiondr Wiscombo. Yea
Commissioner Rirts-00OPcr-. yea
C Commissioner Sherar: Yea
#1MTt-
I/ L :I.r)V,4
,1
PROI+ESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this _�,'Q_ day of Vembtr. 200 by and between the CITY
OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and H.J. ROSS
ASSOCIATES, 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 1, 2007, 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 $500,000.00
or studies which do not exceed $25,000.00, herein after called the "SERVICES ".
SECTION 1- 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.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CTTY. 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 famish 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, striping, lighting, 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 Water Distribution Systems Improvement / Analysis and design
and Sanitary Sewer System Evaluation and design.
D. Traffic engineering services will include daily volume counts, data analysis, preparation of
conceptual improvements plan, present reports and recommendation to stakeholders and
preparation of final traffic engineering report.
E. Environmental Engineering, to including, site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks, hazardous waste materials and
asbestos materials.
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.
Professional Services Agreement
General Engineering Services
December 2004
Page 2 of 16
2.2.1 Phase I- Prelimina_T v 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.
F. 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, 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.
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.
I. 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.
Professional services Agreement
General Engineering services
Decernber 2004
Page 3 of 16
The CONSULTANT shall submit and present two (2) 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 II — 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. I Construction Documents Develo ment•
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:
Professional Services Agreement
General Engineering Services
December 2004
Page 4 of 16
1. 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 constr fiction within the funds available.
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.
I. 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 MY, the CONSULTANT
shall furnish to the CITY a minimum of 24 sets of drawings and specifications, at no
additional cost to the CITY, 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.
Professional Services Agreement
Genend rmgineering Services
December 2004
Page 5 of 16
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:
1. approve the increase in .Project Cost and award a construction contract or,
2. reject 0 bids and rebid the Project within a! reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or
4. suspend or abandon the Project, or
5. 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 15% 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
Professional Services Agreement
General Engineering Services
December 2004
Page 6 of 16
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:
1. 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 of
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.
Professional services Agreement
General Engineering services
December 2004
Page 7 of 16
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.
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.
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.
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.
Professional services Agreement
General Engineering services
December 2004
Page 8 of 16
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
he 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 connection 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.
Professional Services Agreement
General Engineering services
December 2004
Page 9 of 16
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
$135
Project Manager
$101
Senior Engineer
$92
Engineer
$72
Construction Manager
$92
Construction Inspection
$53
Senior Draftsman/Technical/CADD Operator
$63
Draftsmen
$53
Data Processing / Clerical
$43
Hourly rates will include all wages, benefits, overhead and profit.
SECTION 5 - PAYWA NT.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
• Professional Services Agreement
General Engineering Services
December 2004
Page 10 of 16
is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated 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:
1. 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 party, in accordance with the
Industry Arbitration Rules of the American Arbitration Association.
SECTION 7.OWNERSIW 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
Professional Services Agreement
General Engineering Services
December2004
Page 11 of 16
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 11— 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
Professional services Agreement
General Engineering services
December 2004
Page 12 of 16
accordance with the provisions of Section 4, such payment to be determined on the basis of the WORT{
performed by the CONSULTANT up to the time of temiination.
SECTION 14 - DURATION OF AOIFEEMENT
This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 1, 2007, 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 15 - RENEWAL OPTION
This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at
the end of the initial period.
SECTION 16 - DEFAULT
hi 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 MENIlVIFTCATION
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
Professional Services Agreement -
General Engineering Services
December 2004
Page 13 of 16
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.
C. 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 -8 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 IS - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
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
Professional Services Agreement
General Engineering Services
December 2004
Page 14 of 16
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.
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. 1?g -6 "117oa,
i
duly passed and adopted by the City of South
Miami City Commission hnc.!•Lb 3-80y
ATTEST: / CITY OF SOUTH MIAMI
aria Menendez, City ler
ATTEST:
D nIX5�0 Cp�
Maria VD avis, City Manager
CONSULTANT: H- S-
STATE OF FLORIDA )
COUNTY OF DARE
ss: ) Acknowledgement of City of South Miami
The foregoing instrument was acknowledged before me this�_)6 day o ��� , 2004 by
MARIA V. DAVIS and MARIA MENENDEZ, City Manager and City Clerk, respectively of the CITY OF
SOUTH MIAMI, on behalf of the CTTY, who are personally known to me.
Notary
• Professional Services Agreement
General Engineering Servicea � <1G1
GoA9nst5sIGI NUhSeEA
December 2004. " t a CO6S6
p
Page of 16 _ . r. MV cowAISSION •p
nc'r ?2005.i-
C.
Print name: (� l t n A aG nach- L
Commission No: 3(o 6 1 a 1
� •'Its
OF DADS )
COUNTY OF Acknowledgement of Consultant
e foregoing instrument was acknowledged before,,me this � A L day of oUPtYI42004 by
/ rll4ritla� d4 ��G of • S• I�oSS Fk5SoeiAt , on behalf of the CONSULTANT.
He is personally known to me or has produced ' as identification.
Professional Services Agreement
General Engineering Services
December 2004
Page 16 of 16
RESOLUTION NO.: 207 -07 -12592
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI , FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO
T.Y.LYNN /HJ ROSS CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER
30, 2004 PROFESSIONAL SERVICE AGREEMENT, PROVIDING AN EFFECTIVE
DATE
WHEREAS, by Resolution No. 183 -04- 11962, the City Commission authorized the execution of a
professional continuing services agreement with TY LynntHJ Ross { "Consultant "); which agreement was
executed on November 30, 2004; and
WHEREAS, the'November 30, 2004 agreement terminated on November 30, 2007; and
WHEREAS, the both the City and the Consultant desire to extend the contract for an additional
one year term, as provided for in Section 15 of the November 30, 2004 agreement; and
WHEREAS, THE City Commission authorize the City Manager to issue a letter to Consultant
confirming a one -year extension to the November 30, 2004 agreement.
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 issue a letter to TY Lynn /HJ
Ross, confirming a one -year extension of the November 30, 2004 agreement.
Section 2: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this It day of'A=a2t —, 2007.
CAY CLERK
READ AND APPROVED AS TO FORM:
CITY �l
— • ■ G` EY
Include File Name and Path
APPROVED:
MAYOR
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
AMENDMENT TO CONTINUING PROFESSIONAL SERVICES
AGREEMENT DATED DECEMBER 1, 2007
General Engineering Services
THIS FIRST AMENDMENT to the December 1, '2007 continuing professional services
agreement is made and entered into this day of 20_ by and between the City of South
Miami, a political subdivision of the State of Florida, (City) and TY LYNN/HJ Ross, a professional
association authorized to do business in the State of Florida, (Consultant).
WHEREAS, in 2007, pursuant to section 287.055, Florida Statutes, the city requested
qualifications from qualified engineers and selected the consultant to provide professional general
engineering services; and
WHEREAS, 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 professional 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 agreement dated November 30, 2004, but agree to amend the term of the November 30, 2004
contract to reflect a new contract term starting December 1, 2007 and expiring November 30, 2008;
and
WHEREAS, the purpose of this first amendment to the continuing services agreement dated
November 30, 2004, is not to authorize the consultant to perform a specific project, but to extend the.
term of the underlying contract to November 30, 2008.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and
covenants contained in this contract, and for other good and valuable consideration, the receipt
and legal sufficiency of which is acknowledged by both parties, the parties agree as follows:
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.
2.1 Consultant's 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 construction costs does not exceed $1N illion,
or studies which do not exceed $50,000.00, as amended. The November 30, 2004 agreement is attached
as exhibit 1 to this first amendment.
3.1 The city shall pay the consultant the contract amount(s) provided as provided for
at Section 4, "Basis of Compensation ", of the continuing professional services agreement dated
November 30, 3004, which agreement is attached to the first amendment as exhibit 1.
4.1 The term of this first amendment to the November 30, 2004 continuing
professional services agreement shall commence upon the date of December 1, 2007 and expire on
November 30, 2008. These provisions shall replace and supersede section 15, "renewal option" of the
November 30, 2004. agreement.
5.1 Nothing in this first amendment shall prevent the City from employing other
Consultants to perform or provide to the City with the same or similar services.
� 11,, • . i, 1 1 . rr;
6.1 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. Attached as exhibit 2 to this amendment is
Consultant's executed Public Entity Crimes Affidavit form, as required under § 287.133(3)(a), Fla. Stat.
7. ENTIRETY OF AGREEMENT
7.1 This amendment to the November 30, 2004 continuing professional services
agreement, when signed by all of the parties, 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 terms. This amendment and the incorporated attachments constitute
First Amendment to Continuing Professional Services Agreement dated October 1, 2001
General Engineering Services
Page 2 of 4
the entire understanding between the parties and integrates by its terms all previous contracts
or understandings, oral or written, between the parties. In the event of any conflict, the terms of
this amendment will govern over the provisions of any incorporated documents.
8.1 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 shall not render void,
invalid or unenforceable any other section or part of any section of this contract.
9. WARRANTY OF AUTHORITY
9.1 The signatories 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
alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties. i
10. NOTICES
10.1 All notices given or required under this contract shall be deemed sufficient if sent
by certified mail, return receipt requested, to the addresses of the consultant and to the city specified in
this contract, unless either party shall specify to the other party a different address for the giving of the
notices.
11.1 For the purposes of this amendment, the contracting officers are as follows:
To the City: City of South Miami
Yvonne S. McKinley, City Manager
7630 S.W. 64th Court
South Miami, Florida 33143
To Consultant: TY LYNN 1 HJ ROSS
First Amendment to Continuing Professional Services Agreement dated October 1, 2001
General Engineering Services
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers,
have executed this amendment to the continuing professional services agreement dated November 30,
2004 as of the date first above written.
Authority of Resolution No. 207 -07 -12592
duly passed and adopted by the South
Miami City Commission on December 18.2007.
AT'T'EST: CITY OF SOUTH MD M,
ity Clerk Maria • Menu
onne S. M Finley, City nager
ATTEST: TY Lin Intern ionallHJ ROSS
P 7nt i t Vim: S X,(` Print ame:_� (_ t✓�
APPROVED AS TO FORM & CONTENT
City Attorney
First Amendment to Continuing Professional Services Agreement dated October 1, 2001
General Engineering Services
Page 4 o£4
AMENDMENT NO. 1
To
PROFESSIONAL SERVICE AGREEMENT
Between
CITY OF SOUTH MIAMI
And
TY Lin hitemational/HJ ROSS
This amends the general engineering service agreement between the City and TY Lin
International /HJ ROSS relative to the updated Florida Statue 287.055(2)(g). Page 1,
second paragraph of the Professional Service Agreement shall read "...on a continuing
basis in connection with projects where the basic construction costs does not exceed
$1 million or for study activity when the fee for such professional service does not
exceed $50,000 or as per Florida 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 $25,000..."
All other provisions of the Agreement remain unchanged.
Authority of Resolution No.: 10 -07 -12395
Duly passed and adopted by the City of South. Miami
City Commission on February 06, 2007.
CITY OF SOUTH MIAMI
Signature: ({ Date:
By: VD Q Q~ �• C Q90Q ( Title:
TY Lin International/W ROSS
Ctl-( MANAqU-
Signa e: Date: Q /17 7 la if
By: q ky dsg t I
pw Title: d IQ ®P FSIID
v i T i '� , i • M
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL. AUTHORIZED TO ADMINISTER
OATHS
1. This form statement is submitted to C 17Y U;' Sou v4
by
t✓ e �2 Pe
name and Fitte)
for 1`'/41! -rA'C-;2�e osd�Ly/ /f-.J
(Print name or entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer identification Number (FEIN) is & 15W70` if the entity has
not FEIN, include the Social Security Number of the individual signing this sworn statement.
2. 1 understand that a "public entity critn'e" as defined in paragraph 287A33(1)(g), Florida Statutes;
means a violation 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 political subdivision of
any other state or with the United States, including, brit not limited to any bid or contract for
goods or services to be provided to public entity or agency or political subdivision of any other
conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal of state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of
a plea of guilty or nolo contenders.
4. 1 understand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime, or
2. An entity under the control of any natural person who is active In the management of the
entity and who has been convicted of a public entity crime. The term `affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons wheh not for fair market value .under an arm's length
agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. .I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statu tes. means
any natural person or entity organized under the taws of any state or of the United States within
the legal power to enter into a binding contract and which bids or applies to bid on contracts for
the
provision of goods or entity. The term "person" includes those officers, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
zNeither the entity submitting sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this day of 20 Ga'
`Personally known
Or produced identification Notary Public -State of %101'1W6U
ears fission expires"
(f'ype of identification)
.rte "Ge Nnf2rypublicStateof4e�§d�
Trudy t bdoiendyk
;�yr,;,;:o;nsGionDD461195 r e ,type Or fampedcommissi d
S:izvzoos . name of notary public}