Res. No. 115-07-12500A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER
TO MILIAN SWAIN & ASSOCIATES, INC. (MSA) FOR CITYWIDE DRAINAGE
IMPROVEMENTS PHASE V IN AN AMOUNT OF $60,409.00 TO BE CHARGED TO
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND
STORM WATER TRUST ACCOUNT NUMBERS 106- 1727 - 536 -3450 AND 111 -1730-
541 -6490 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide drainage improvements along SW
85th Street; 5800 Block of SW 64th Avenue; and Public Works Parking lot; and
WHEREAS, the Mayor and City Commission wishes to secure the services of MSA for profession
engineering services for the Citywide Drainage Improvements - Phase V; and
WHEREAS, the professional service will be funded through FDEP's grant account number 106-
1727- 536 -3450 will fund $30,204.50 and the Storm Water Trust Fund account number 111- 1730 -541-
6490 will fund $30,204.50.
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 MSA in an amount of $60,409.00 for the Citywide Drainage Improvements Phase V.
Section 2: The professional service will be funded through FDEP's grant account number 106-
1727- 536 -3450 will fund $30,204.50 and the Storm Water Trust Fund account number 111- 1730 -541-
6490 will fund $30,204.50, with account balances of $606,400 and $45,955, respectively.
Section 3: The attached exhibit is incorporate by reference into this resolution.
I F14
r
PASSED AND ADOPTED this day of '2007.
TTEST: APPROVED:
Y CLERK
READ AND APPROVED • FORM:
Include File Name and Path
MAYOR
COMMISSION VOTE:
5 -0
Mayor Feliu:
yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager
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 MILIAN SWAIN & ASSOCIATES, INC. (MSA) FOR
CITYWIDE DRAINAGE IMPROVEMENTS PHASE V IN AN AMOUNT OF
$60,409.00 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT AND STORM WATER
TRUST ACCOUNT NUMBERS 106- 1727 - 536 -3450 AND 111- 1730 - 541 -6490
RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to approve professional service work order for
Citywide Drainage Improvements Phase V.
Reason/Need: As one of the City's professional general engineering consultants, MSA
will provide data collection, survey, drainage testing, design and
construction. management Citywide Drainage Improvements — Phase V at
various locations to include:
® SW 85th Street from SW 60th Avenue to SW 62nd Avenue
® 5800 Block of SW 64th Avenue
® Public Works Parking lot
Cost:
This improvement is intended to prevent flooding and provide safer
streets /facility.
Funding Source: FDEP's grant account number 106- 1727 - 536 -3450 will fund $30,204.50
and the Storm Water Trust Fund account number 111 - 1730 - 541 -6490 will
fund $30,204.50. The current account balances are:
• 106 - 1727 -536 -3450 - $606,400
• 111- 1730- 541 -6490 - $45,955
Backup Documentation:
❑ Proposed Resolution
❑ MSA's Work Order for Professional Services
❑ MSA's Professional General Engineering Service Agreement
Milian, Swain & Associates, Inc.
Civil & Environmental Engineers
MSA 2025 S. W. 32nd Avenue, Miami, Florida 33145
tel (305) 441-0123 fax (305)441-0688
217111112076011
July 2, 2007
City of South Miami
PUBLIC WORKS DEPARTMENT
4795 SW 75th Avenue,
Miami, Florida 33155
Attention: Mr. •• lla Ballogun, REM
Director
Reference: PROPOSAL
Citywide Drainage Improvements — PHASE V
City of South Miami, Miami-Dade County, Florida
11 � 66 - I t �
We are pleased to submit for your consideration our proposal for professional engineering
services regarding the above referenced project. Enclosed you will find details of our
participation in this project.
We will commence with our assignment after your final review and acceptance of this
proposal and upon receipt of a written Notice to Proceed from your office. We would be
happy to meet with you and discuss the terms of this proposal to ensure that it properly
reflects the work effort expected.
If you have any questions or require additional information, please contact me at your
earliest convenience.
Sincerely,
Director/of Qj6erations — Civil & Environmental Engineering
copy: Arsenio Milian, P.E.
File
1 a 13 1 N
1:3 2A 3 1 ivi
"Citywide Drainage Improvements"
PHASE V
City of South Miami, Miami-Dade County, Florida
SCOPE OF SERVICES
July 2, 2007
-• 5 . . 0
The project consists of the preparation of construction documents for the construction of
roadway and drainage improvements at the following locations and within the general limits
depicted in attached Location Map (Exhibit A):
® SITE 1: Paving & Drainage Improvements
SW 85th Street (from SW 60"' Ave. to SW 62nd Ave.).
SITE #2: Drainage Improvements:
5810 SW 64th Avenue (Twin Lake Drive).
® SITE #3: Drainage Improvements:
Existing Parking Lot — City of South Miami Public Works site (4795 SW 75th Avenue)
Based on our current knowledge of existing and proposed improvements, Milian, Swain &
Associates, Inc..(Consultant) proposes the following Scope of Services:
a. The Consultant will retain the services of a professional land surveyor registered in the
State of Florida to perform a specific purpose survey of the affected areas at each of the
project sites within the general limits depicted in attached Exhibit A.
b. The Surveyor will locate all utility castings, existing driveways (identify if asphalt,
concrete, etc.), mailboxes, trees (provide trunk diameter), medians, curbs, signs and all
other significant above ground features for the entire width and length of the affected
road right of way.
c. The Surveyor will provide rim/grate, invert elevations, pipe diameters and pipe direction
at all accessible drainage structures and sanitary sewer manholes. Provide cross-
sectional spot elevations @ 50 ft. intervals (10 ft. intervals at Site # 5) and at high and
low points within the affected roadway, including sidewalk (front and back), swale (top
and bottom), edge of pavement and centerline/baseline. All existing elevations shall be
based on NGVD datum.
d. The Surveyor will prepare plan view of survey to contain ALL survey information
gathered in the field and baseline of survey stationing proceeding from South to North
and West to East, as applicable for the project.
NNCITYOrSOUTH MIAMP(4) SNAPPER CREEK PHASE TWINAL PROPOSAL 7-10-071REVISED SCOPE 740411DOC
e. Survey will be prepared by the Surveyor in AutoCAD format using size "D" (24" x 36")
sheets and the City's standard sheet title block format.
The Surveyor will provide two (2) signed and sealed hardcopies and two (2) electronic
copies to the Consultant. Consultant will provide One (1) hardcopy and one (1)
electronic copy of the survey(s) to the City.
TASK 02: DRAINAGE TESTING
a. The Consultant will retain the services of a geotechnical engineer registered in the State
of Florida to perform five (5) percolation tests at each of the sites, based on Test
Location Map(s) prepared and provided by the Consultant, distributed at each site as
follows:
■ Site #1: One (1) test.
■ Site #2: Two (2) tests
■ Site #3: Two (2) tests.
b. Percolation Test Procedures shall be in accordance with the South Florida Water
Management District Usual Open Hole Test (Constant Head) procedures. Tests shall be
fifteen (15) feet deep as measured from existing grade.
c. Actual field location of tests shall be offset if needed to clear existing obstructions or
utilities, if any. Utility clearance will be obtained by the Geotechnical Engineer prior to
performance of the tests.
d. The Geotechnical Engineer will prepare a Percolation Test Report to include field test
results and calculated soil hydraulic conductivity (K-Value) for each test.
e. The Testing Lab performing the tests will fill all holes, cuts, or other excavations made
during the tests to avoid the possibility of accidents or damage to any pedestrian or
vehicular traffic.
Two (2) signed and sealed sets of the test report shall be submitted by the Geotechnical
Engineer to the Consultant. Consultant will submit One (1) signed and sealed copy of
the test report to the City.
TASK 03: DESIGN AND PERMITTING
a. Attend initial coordination (Kick off) meeting with the City.
b. The Consultant will obtain a Design Ticket from Sunshine State One Call of Florida, Inc.
and request as built information from utility companies listed as having potential utilities
within each of the project sites. In addition, the Consultant will request pertinent
underground records from the City's department of Public Works.
c. Based on review of the topographic survey, drainage tests and record drawings of
existing drainage system(s) within the impacted project areas, the consultant will
identify area(s) within each site that could be improved. by the installation of a new
drainage system; including replacement of existing slab-covered trenches with new
exfiltration trenches per DERM current standards. Prepare design drawings and
drainage calculations for the installation of exfiltration trench (French drain) systems at
the selected locations, pavement restoration and asphalt pavement overlay as
applicable to each site.
PACITY OF SOUTH MIAMN4)SNAPPCR CREEK PHASE MrINAL PROPOSAL7.10-MEVISM SCOPE 7.10-07.DOC 2
d. Prepare Paving, Grading, Drainage, Traffic Signage & Pavement Markings for the
construction of the proposed improvements at each of the sites in accordance with the
City of South Miami Public Works and Miami Dade County DERM standards.
e. Prepare 50% construction documents (Drawings, Drainage Calculations and Outline
Technical Specifications) for the proposed improvements and preliminary Opinion of
Probable Construction Costs.
f. Submit two (2) copies of the 50% Design package to the City for review and approval.
g. Prepare 100% construction documents incorporating City's 50% review comments, to
include all proposed roadway and drainage improvements, as applicable to each site.
The proposed design will address utility crossings and pavement restoration within the
affected roadway segments, pertinent details for exfiltration trenches, drainage
structures, pavement restoration, asphalt pavement overlay, supporting drainage
calculations and Updated Opinion of Probable Construction Costs.
h. Edit sample of Master Front-End and Bid Forms provided by the City as needed to
reflect specific conditions of the project. Prepare complete technical specifications for the
proposed improvements following the format established by the Construction
Specifications Institute (CSI).
Submit two (2) copies of the 100% package to the City for review and approval.
Prepare Final construction drawings, specifications and drainage calculations reflecting
100% review comments received from the City to include Final Opinion of Probable
Construction Costs and Final Project Manual.
k. The Consultant will assist the City in obtaining approvals from the following agencies:
• City of South Miami Public Works Department.
• Miami Dade DERM — Water Control Section.
• Miami Dade Public Works Department.
1. Identify all processing and permit fees required by the regulatory agencies and request
fees from the City. All applicable Permit fees are to be paid directly by the City.
m. Prepare and submit the application packages and processing fees as required for review
and approval.
n. The Engineer will retrieve the permit package(s), revise the plans if needed and deliver
approved drawings to the City.
o. The consultant will submit the Final design package to the City containing the following:
• Two (2) sets of the drainage calculations and Opinion of Construction Costs.
• One (1) electronic copy of the final drawings, Project Manual and Opinion of
Probable Construction Costs.
• Twenty Four (24) sets of the FINAL drawings and Project Manual for bidding
purposes.
• Permit drawings approved by the regulatory agencies,
P.ACITY OF SOUTH MIAM1(4) SNAPPER CREEK PHASE MFINAL PROPOSAL7.1-MEVISED SCOPE 74O.U7 DOC
TASK 04: BIDDING & CONSTRUCTION PHASE
The Consultant will provide assistance during the bidding and construction phases of the project
as follows:
a. Attend Pre-Bid Meeting with the City and prospective bidders.
b. Respond to bidder's BFI's and issue addenda and clarification of the construction
documents, if needed.
c. Tabulate and evaluate bids received, check references of responsible lowest bidder and
make Consultant's recommendation to the City.
d. Attend pre-construction meeting with the City and selected contractor.
e. Review shop drawings of the proposed improvements.
Perform periodic construction observations on a weekly basis (based on a 16 week
construction period) limited to12 site visits @ 3.0 hrs per visit = 36 hours max.) to
observe the general status and progress of the work; including writing and distributing
construction observation report after each site visit.
NOTE: Construction Observations by the Consultant are limited to observing the work
and materials that are to become part of a completed project in conformance with the
approved construction documents. The implementation and monitoring of construction
safety programs is the responsibility of the Contractor and is not part of the Consultant's
Scope of Services. The Consultant shall not be held responsible for Contractor's
construction means, methods, techniques, sequences or procedures, or for safety
precautions and safety programs connected with the work.
g. Review Contractor's monthly payment request(s) and make recommendations as to the
requested payment based on Consultant's opinion of the actual status and progress of
the work.
h. Review request for Change Orders submitted by the Contractor and submit to the City,
the Consultant's opinion and recommendation (s) on said Change Order request(s).
Perform a Substantial Completion Construction observation of the proposed
improvements, to ensure that the work completed meets the minimum requirements for
substantial completion in accordance with the Contract Documents, including
preparation of a Punch List of any defects and discrepancies in the work.
Perform a Final Construction Observation to ensure satisfactory completion of all items
in the Punch List.
k. Review record drawings (as-built) prepared by the Contractor's registered land surveyor
for conformance with the approved construction documents. Request final copy of as-
built in hard and electronic formats and submit to the City.
Recommend execution of a Certificate of Final Acceptance and final payment to the
Contractor upon satisfactory completion of all items in the Punch List and receipt of all
necessary close-out documentation from the Contractor.
P:UTY OF SOUTHMIAMB(4) SNAPPER CREEK PHASEMPINAL PROPOSAL 7•10-MEVISM SCOPE 74R-070CC 4
Compensation shall be based on a Fixed Fee Basis. The total fixed fee for this project including
sub-consultant services is $60,400.00. A breakdown of the work effort required to perform the
tasks contained in this proposal is included in attached Exhibits B.
The Consultant will submit monthly invoices for services rendered and costs incurred in
accordance with the invoice submittal format contained in current Professional Services
Agreement between the City of South Miami (City) and Milian, Swain & Associates, Inc.
(Consultant).
WORK AUTHORIZATION
"Citywide Drainage Improvements"
PHASE V
The City of South Miami (CLIENT) and Milian, Swain & Associates, Inc. (Consultant) agree
with the above scope of services and compensation terms.
Milian, Swain & Associates, Inc.
_11�k
Approved this A ) day of 1/ 2007
By:
Arsenio Milian, P.E.
President
F4.pproved this day of , 20T7
By:
Name & Title
DWI"
PXITV OrSOMI MJAMA( ) SNAPPER CREEK PHASE 1"FINAL PROPOSAL 7.10.7kREVISED SCOPE7.10.07.DOC
EXHIBIT A
CITY OF SOUTH MIAMI
CITYWIDE DRAINAGE IMPROVEMENTS
PHASE V
SITE #1: SW 85TH STREET (FROM SW 60TH AVENUE TO SW 62nd AVENUE)
EXHIBIT A
CITY OF SOUTH MIAMI
CITYWIDE DRAINAGE IMPROVEMNENTS
PHASE V
SITE #2: INTERSECTION OF SW 58TH TERR & SW 64th AVENUE (TWIN LAKES DR.)
CITYWIDE DRAINAGE IMPROVEMENTS- PHASE V
CITY OF SOUTH MIAMI
SITE #3
PUBLIC WORKS COMPOUND
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PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMU made and entered into this --3P— day of &0—VeMhM0P-Y by and between the criy
OF SOUTH hffANII, a political subdivision of the State of Florida, referred to as the "CITY" and NMJAN,
SWAIN AND ASSOCIATES, authorized to do business in the State of Florida, referred to as the
#1C0NSULT,,4M11.
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 I - GENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as
defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as
specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work
performed by other professional consultants or for other miscellaneous engin'eeriing . 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 CITY. The
CITY reserves, at all times, the right to perform any and all engineering work in-house or with
other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to
CITY WOW nor does it obligate the CITY in any manner to guarantee WORK for the
CONSULTANT. The CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited by the CITY outside of this agreement.
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK; the time needed to complete the WORK and the fee for the services to be
rendered in connection with the WORK
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice
to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with
the preparation of any proposal.
1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the
MY 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 - PRO FESSIONA.L 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 CHY, 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
®
Professional services Agreement
General Engineering services
Deember 2004
Page of 16
the CITY shall prepare the final bid package including bid documents and specifications, which shall be
prepared by, and be the responsibility of the respective disciplines.
2.2.1 Phase I-Preliminary and Schemgtig Desigg:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the MR scope of the Project that will meet the program requirements, and shall
advise the MY 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 Waster 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.
K The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPI, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict
with their utilities.
L The Statement of Probable Construction Cost shall include estimated cost of the Project
including fixed equipment, professional fees, contingencies (ff 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
PwfcWotW SaWcm Agftmmt
head Ba&aming Savlem
Dwmbcr 2004
Page 3 of 16
Construction Cost are to be made on the basis of CONSULTANTS experience and
qualifications and represent CONSULTANT'S best judgement as an experienced and
qualified professional engineer, familiar with the local construction industry and prices.
7. 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 11 — Study and Iii gn Devel_op_m_ent-
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design
Development Documents, comprising the drawings, outline specifications and other
documents to fix and describe the size and character of the entire Project as to construction
and finish materials and other items incidental thereto as may be appropriate and applicable.
B. The Design Development Documents shall comprise the Proposed Project Timetable
(updated), Outline Specifications, Updated Statement of Probable Construction Cost, and
Design Development Drawings, etc., as required to clearly delineate the Project. If the
Updated Statement of Probable construction cost exceeds the allocated funds, feasible cost
or scope reduction options shall be included.
C. The CONSULTANT shall submit and present two (2) sets of all documents required under
this Phase, without additional charge, for approval by the CITY and not proceed with the next
Phase until directed by the CITY.
D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make
certain they remain within the total allocated budget A Notice to Proceed to Phase III will
not be issued if the latest statement of Probable Construction Cost exceeds the total allocated
funds.
2.2.3 Phase III — Final Design Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction of the
Project including the Proposal (Bid) Form and other necessary information for bidden,
Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT
shall use Construction Specifications Institute (CSI) Standards and the City of South Miami
Standard Raw 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.
Professional SaM= Agreement
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Dwmber=4
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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:
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 MY 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 5001b complete Check set shall be returned to the CITY.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases
the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to
the MY 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 Crry
Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the
final approval.
L The CONSULTANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph H if the changes or additions do not alter
the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check
set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT
shall furnish to the CITY a minimum of 24 sets of drawina, and specifications, at no
additional cost to the CITY, for bidding purposes, unless instructed otherwise.
J. 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
Professional Sffvi= Agm=ent
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D=u b=20%
Page 5 of 36
respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at
no additional cost to CITY, in order to acquire the necessary permits.
2.2.4 Phase IV - Bidding and Negotiation Phase.
A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the
CITY of the latest Statement of Probable Construction Cost the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding, and assist the CITY in
obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall
attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening
and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to
the CITY after verifying bond, insurance documents, questionnaire and reference submitted
by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct
or change Bid Documents.
C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and recommend acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the 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 prrject. 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 bf an Agreement
with a Contractor. Rejection of bids by the C17Y 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.
Professional Services Agm=cnt
Gm=21 Engineering services
December 2OD4
Page 6 of 16
B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall
advise and consult with the CITY and shall have authority to act on behalf of the CITY to the
extent provided in the General Conditions and as modified in the Supplementary Conditions
of the Construction Contract.
C. The CONSULTANT shall attend pre-construction meetings.
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E. The CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
accordance with the Contract Documents. On the basis of on-site observations, the
CONSULTANT will use reasonable and customary care to guard the CITY against defects
and deficiencies in the WORK The CONSULTANT may be required to provide continuous
daily on-site observations to check the quality or quantity of the WORK as set forth in this
Agreement and defined by the Scope of WORK issued for the individual project. On the
basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress
of and any observed defects and deficiencies in the WORK immediately in writing.
F The CONSULTANT shall furnish the CITY with a written report of all observations of the
WORK made by him during each visit to the WORK He shall also note the general status
and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT
shall asoertain 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
Professional Saviom Ag=me=
General Engineering Services
Dw=*= 2004
Page 7 of 16
have authority (with the City's prior approval) to recommend special inspections or testing of
any WORK deemed not to be in accordancee with the Contract whether or not such WORK
has been fabricated and delivered to the project, or installed and completed.
L The CONSULTANT shall promptly review and approve shop drawings, samples, and other
submissions of the Contractor for conformance with the design concept of the d f
Pro ject an o r
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 hen 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 MY 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 fetish to the C= reproducible record drawings updated based
On information fillmift—d by the Contractor: such drawings shall become the property of the
My.
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/warmfies 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
■ ftdmicmal Semi= Agreement
General Engw"ring services
December WN
Page 8 of 16
Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for
design and construction, as defined in this Agreement but which are additional services which may be
authorized within the Scope of Work given the CONSULTANT.
A. Special analysis of the CITYS needs, and special programming requirements for a project.
B. Financial feasibility, Iffe cycle costing or other special studies.
C. Planning surveys, site evaluations, or comparative studies of prospective sites.
D. Design services relative to future facilities, systems and equipment, which are not intended to
be constructed as part of a specific Project
E. Services to investigate existing conditions (excluding utilities) or facilities or to make
measured drawings thereof, or to verify the accuracy of drawings or other information
furnished by the CITY.
F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material, equipment and labor required for a Project.
G. Consultation concerning replacement of any WORK damaged by fire or other cause during
construction, and furnishing professional services of the type set forth in Basic Services as
may be required relative to replacement of such WOW providing the cause is found by the
CITY to be other than by fault of the CONSULTANT.
IL 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.
L 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.
• professional SWA= Apv=ent
General Engineering services
December 2004
pap 9 of 26
M. Preparing supporting data, drawings, and specifications as may be required for Change Orders
affecting the scope of a Project provided the Changes are due to causes found by the CITY, to
be beyond the control of the CONSULTANT.
SECTION 3 - T.M FOR co
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 C(—)_WENSAn0N
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-,
Ca. te&M
Hourly Rate
Principal
$145
Project Manager
$110
Senior Engineer
$95
Engineer
$85
Construction Manager
$95
Construction Inspection
$72
Senior DraftsmantTedhnical/CADD Operator
$65
Draftsmen
$60
Data Processing / Clerical
$50
Hourly rates will include all wages, benefits, overhead and profit.
Professional Services Agmmnant
General Fagincering Services
December 2004
Page 10 of 16
SECTION 5 - PAYMENT AND PARTIAL L -S
The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar month. For design and construction projects where fee for each phase
is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic
Compensation indicated below for each phase:
15% upon completion and approval of Phase L
35% upon completion and approval of Phase II.
55% upon submittal and approval of 50% complete drawings and outline specifications of Phase
DL
75% upon 100% completion and approval of phases in 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 invoke shall contain the following information.:
1. The amount of the invoices submitted shall be the amount due for all WORD 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 shalll 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 Ci'I T 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.
■ Professional Services Agreement
General Engineering services
December 2004
Page 11 of 16
SECTION 7 - OWNERSHIP OF DOCUMENT'S
All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this
Agreement: shall become the property of the MY without restriction or limitation in connection with the
owner's use and occupancy of the project. Reuse of these documents without written agreement from the
CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT.
When each Individual section of the WORK completed under this Agreement is complete; all of the above
data shall be delivered to the CITY.
SECTION 8 - COURT APPEARANCES: CONFERENCES AND MAMGs
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 = 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 onussions 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.
S_EMON,lQ - AUDIT RIGHTS
The (M 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.
fficnoN II.—
The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior
written consent of the CITY.
SE�QN 12 -
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 contact without liability.
■ Professional Services Agreement
General Engfimring Services
December 2004
Page 12 of 16
SECTION 13 - TERMINATION OF AGREEMENT
It is expressly understood and agreed that the CITY may terminate. this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14 - RURAL ION OF
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 WOM 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
In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may
declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be
compensated for any completed professional services. In the event partial payment has been made for such
professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10)
days after notice that said sums are due. In the event of litigation by the other party to enforce the
provisions
of this contract, the prevailing party will be compensated for reasonable attorneys 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
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 CONSULTANTS 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:
■ Professional Smim Agrwment
C=oal r=,ginemdng Services
December 2004
Page 13 of 16
A. Professional Liability insurance in the amount of $1,000,000 with deductible per claim if any,
not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT
shall become legally obligated to pay as damages for claims arising out of the services
performed by the CONSULTANT or any person employed by him in connection with this
Agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any Project covered by this Agreement, However, the
CONSULTANT may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including
automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and
property damage. Said policy or policies shall name CITY as additional insured and shall
reflect the hold harmless provision contained herein.
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 = where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance that Cl TY 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.
�TTON 18 - AGREE NT NOT EXC>C.Y.iSIVE�
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
■ Professional Savi= Agreement
Gm:ral En&mnng Services
Daember 2004
Page 14 of 16
SECTION 19 - CODES, ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County,
State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the
WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached) pursuant to FS 287.133(3)(a).
SECTION 20 - ENTIRETY QF 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 Jqo, 1g3-0q- I lq&-L
duly passed and adopted by the City of south
Miami City Commission
ATTEST: CrJrY OF SOUTH M11"a
&FTNM5
P A ST-
E
STATE OF
Maria V. 4)61s, City Manager
ss: Acknowledgement of City of South Miami
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 0 2004 by
MARIA V. DAVIS and MARIA mENENDE7, city manager and city clerk, respectively of the crry OF
SOUTH MIAMI, on behalf of the CITY, who are personally known to me.
ftfassiong Services Agreement
Gmeml Engineering Services
December 2004
Page is of 16
Notary Public,
Print name: 1-1114K)4
STATE OF FLORIDA 0 My COMMISSIC" EXPMSS
COUNTY OF DADE ss: Acknowledgement of Consultant OF fl-� -O-V-1-10-1-3
a
The foregoing instrument was acknowledged be are me this
49 2 day of -ka&rt. 2oo4 by
Of Ma -�" half of the CONSULTANT.
He is personally known tome or has produced 40."&d.Alu.0,0!je,"/Anev-rA--asidentificatic)n.
R'
• Professional Services Agreement
C—eral. Engineering Services
Dwmber 2004
Page 16 of 16
Rotary Public, State of FloridaC�2�t
Print
EUNICE M- CHUNG t-
S NO 1,)rV Public - Sj,3je of Florida
D