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Res. No. 073-06-12214
RESOLUTION NO. 73 -06 -12214 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 2100 -519 -3171; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 62'd Avenue to US -1, while landscaping, entrance feature and improved sidewalk will be designed for the area from SW 62"d Avenue to the western City limit; and WHEREAS, the professional service will be funded through Non - Departmental General Expense account number 00 1 -2100-519-3171 with an account balance of $75,000.00 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional 'service work order with C3TS in an amount of $71,215.00. Section 2: The professional service will be funded through Non - Departmental General Expense account number 001 - 2100 -519 -3171. Section 3: The professional service work order shall be made part of this resolution. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ORNEY APPROVED: 6 --iL ,--\ MAYOR COMMISSION VOTE: Mayor FeIiu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman 5 -0 Yea Yea Yea Yea Yea South Miami Ail- Amefiea My CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2007 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager 1; From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: May 16, 2006 Agenda Item No.: 14 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 01- 2100 -519- 3171; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to approve professional service work order for Sunset Drive Improvements' preliminary design Reason/Need: As one of the City's professional general engineering consultants, C3TS will provide survey and testing services and preliminary design services for infrastructure improvements along Sunset Drive from western limits of City to US -1. Cost: $71,215.00 Funding Source: Account No. 001- 2100 - 519 -3171 Backup Documentation: ❑ Proposed Resolution ❑ C3TS' Work Order for Professional Services ❑ C3TS' Professional General Engineering Service Agreement ❑ Project Location Map WORK ORDER FOR PROFESSIONAL SERVICES • • • • TO: City of South Miami Date: 04/26/06 Public Works Department Fife: 1929 -00 Engineers 4795 SW 75'h Avenue Architects South Miami, Florida 33155 Planners ATTENTION: W. Ajibola Balogun, REM - Public Works Director PROJECT NAME: Sunset Drive Improvements (Western City Limits to US -1) Conceptual Design City of South Miami, Florida SCOPE OF PROJECT: Streetscape /Landscape /Infrastructure improvements along Sunset Drive from western city EB0005022 limits to US -1, substantially in accordance with the Hometown Plan Area 2. Proposed AAC002142 improvements from western city limits to SW 62" Avenue include landscaping, irrigation, sidewalks and a city entrance feature. The proposed improvements from SW 62nd Avenue to US-1 include sidewalks, curbing, drainage, median construction, landscaping, irrigation, paving; street furniture, lighting, signage, pavement marking and signing, This roadway is currently an FDOT roadway, and as such, any improvements would need to meet current state standards. The City of South Miami is in the process of initiating the transfer of jurisdiction of this roadway segment from FDOT to the City of South Miami. Per your instructions, the design of the improvements will be performed assuming that the transfer will be successfully completed, and therefore the project need not meet state standards. If the jurisdictional transfer is not completed, then the construction plans may not meet state standards making the plans unpermittable. SCOPE OF SERVICES: Engineering Eagineefing Surve : See scope of services on attached proposal from Ford Armenteros Manucy. These services will only be needed for the SW 62nd Avenue to US -1 segment. Geotechnical Testing: See scope of services on attachedyroposal from Wingerter Laboratories. These services will only be needed for the SW 62" Avenue to US -1 segment. Preliminary Design Phase: Conceptual design of the proposed improvements, including plan view, street sections and streetscape and landscape details. Preparation of presentation boards of the design elements detailed above, and presentation at up to four workshops, an initial workshop with the public, then to the ERPB, Planning Board and City Commission. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer City of South Miami Sunset Drive Improvements (from western city limits to US -1) April 26, 2006 Page 2 TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee schedule: Engineering Survey ..................... Geotechnical Testing .................. Preliminary Design Phase........... .. ............................... $10,400 ............ .............. $1,775 .. ............................... $59,000 Total $71,215 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carbalio Thompson Salman, P.A. Ramon Castella, P.E. Vice- President RCler City of South Miami Approved by: Date: L: UPro jec lsli529- =W.0- Proposals%W-0.8ti s iDrimprov042606.doc Corzo, Castella Carballo Thompson Salman, P.A. Fee Worksheet - Page 1 FEE WORKSHEET DATE: April 26, 2006 PROJECT: Sunset Drive Improvements (from western city limits to US-1) City of South Miami Engineering Route Survey: Survey Sub-Consultant Geotechnical Investigation: $8,250 + $50 expenses $8,300 Total $10,400 Field Review & Coordination 6 Survey Coordination & Verification 2 8 10 4 Develop j1pical Sections 6 2 Billing Rate 135 95 75 60 55 40 Labor Cost $270 $760 $750 $240:1 $0 $80 Labor Sub-Total $2,100 Survey Sub-Consultant Geotechnical Investigation: $8,250 + $50 expenses $8,300 Total $10,400 Geotechnical Sub-Consultant Preliminary Design Phase: $1,050 + $50 expenses $1,100 Total $1,775 Field Review & Coordination 6 Geotechnical Coordination & Verification 1 2 2 2 Develop j1pical Sections 6 2 Billing Rate 135 95 75 60 55 40 Labor Cost 135 190 150 120 0 80 Labor Sub -Total $675 Geotechnical Sub-Consultant Preliminary Design Phase: $1,050 + $50 expenses $1,100 Total $1,775 Landscaping/Irrigation Sub-Consultant $10,150 + $50 expenses $10,200 Materials Costs (Boards, mounting, etc.) $1,750 Total $59,000 LnericaR1929-00NW.O. ProposalsIFeeWorkshoet5unset0r;mprov042606.yJs Field Review & Coordination 6 14 10 Develop j1pical Sections 6 10 24 Develop Horizontal Layout & Geometry 6 16 48 Develop Streetscape Components & 24 24: 16 24 Cost Estimate 41 12 16 1 61 Presentation Boards 101 16 56 90 72 Workshops 121 6 12 ERP13 Presentation 81 4 8 4 Planning Board Presentation 81 City Commission Presentation 8 Preliminary Design Sub-Total Hours 74 102 198 114 96 10 Billing Rate 135 95 75 60 1 55 40 Labor Cost $9,990 $9,690 $14,850 $6,8401 $5,280 $400 Labor Sub-Total 1 $47,050 Landscaping/Irrigation Sub-Consultant $10,150 + $50 expenses $10,200 Materials Costs (Boards, mounting, etc.) $1,750 Total $59,000 LnericaR1929-00NW.O. ProposalsIFeeWorkshoet5unset0r;mprov042606.yJs 01i10,/2006 14:57 FAX a ooaioos AGMWZNT FOR PROFESSIONAL SURVLMNG SERVICES Between MRD, ABMENTEROS & M4NUOY,'NC, And Project: SUNS]gT DRWE SW 62 AVE & US 3- Based our c y= Vii► F4 Amami Manua*, Iu , qAM is M provi& y= with ths &DWiOg $mopeOfBwv w Ir--QF--W—A CAM Sunset Drive, from S. W. a Avcum 9ML91 Esst to US 1. ' C3ndr� 'tI�isia�FAIVXs�p�•caRat�S��eY� pAicM Y ��'�car��8cg�taa,s�►a�, • T��ciod�as�nt $��'�ua�''oa1��a�t�eas. Ufii vrtaW velure„ dr�a�oY saw` eta btaao Pow 1 m Aaialad� ��ly%sl�ak%es. g;�yop;�gesantiekva�+aos. • A1�,.vesiatop�dasfollo� c►f sS der � swale,l�kc�� • At 25 fcct oa cqt9r, Of as e, A&vwingSeoo CADR14)vMbepovi&daimg PRa � nma fee iudu&v above work domip (�f'd r�11Q13 Q; Apo tl t7RD ,IO.OG dac CojpA&f MptopaVls��'AOPOS41 C - 4XDON.UVD. QTWJ 01110•/2008 14:67 FAIL IM 004/005 1uit w It ]6 0= pO�iCy f10 eB a� work in h m t n �= '� wa& WcVtmm that we would tt�ixs a+ur beet efts au the =fs bebal£. Wa � � d b des=33ed above. We " to u W cry of bode kdw and rebm -li ngit to us at,,M earliest possN a oouvemie=- We sowdote the qwmtuxw to gkMA = propw1 and bok *'9°gxa to v*b you a a the MOM TMS AGMMMMW Fo,A�IDA � SMWCES AM � � col ors ARE rORD, ARMFZJTEXMB 4b cr, Iva win I Fernandez Survey Department Dmct= For the Firm Data: / +� Cars Authorized Representative Print Name Date: 3 cuowsliw O:lDot,:MtUrOWCOA&ANIF PrapaealsiL%a�IPROPO= CLiNDONDLYD. G37SMO.".doc Jan &11 2006 2:1OPM UIKGERTER LRBS 3058443401 P.1 WINGER.TER LABORATORIES � INC. End ng Testing & IMpectitsrn SOMM 1920 N. E. I441b Sdmet, North Mlami, FL 33181 Telephone No.: Cam) 944-3401 Fax No. (305) 94946" li PRICE QUOTATION To: Caro, Castella, Carballo, Tbompson, Selman, P.A. Date: Attu: Mr. Carlos Iiordocia Phone: 901 Ponce De Leon Blvd., Suite 900 Fax: Coral C,lables, FL 33134 Project: Percolation Teat Sunset Dr. between SW 62 Ave. & US 1 Miami, FL PROPOSED SERVICES: January 10, 2006 (305)445-2900 (305) 775 -6277 1 - Perform Mu" (3) Standard Percolation Test with Standard Truck Mounted Drill Rig on a clear and w4eWble site to a depth of 15 feet at $300.00%6ach. $900.00 3 - Per%rm Boring Layout & Conduct Underground Utility Clearances through SUNSHINE by Staff Fmgaxeer Lump Sum $150.04 ESTH"TED TOTAL M S1,o5o oo PAYMENT TERMS: Net 30 Days, invoiced upon completion of work NOTES: cm"Wedng the abaft referwmed M& (xpotves ► a hMW truck MONNW " dg haw tote pmPav, ad *Wft kdlaa hub tike rVURA Hb9erft.LabomMie4 I= WX xot Maare rulkwRAftfor demap to Wawprwtu ice, Mp* tam or other Rxiferrompowmamm WhkA auk reuR fion or of dw Imck erounwd a,pi w=4 # 1xW Jda4ftedto Ira pr�orto rnabfl�aaton to Ike a FA XZA7 Prepares) By: I heuby authorize WINGESTER LABORATORIES, INC. to proceed with above t�reaced scope of work and amme to pay for these se flees as per the terms described above. Accepmed Dr. 'Date: Name: . Tide: 04/25/2006 02:32 3052358380 ROSENBERG DESIGN GP PAGE 02 ROSENBERG LAND PLANNING GARDNER LANDSCAPE ru 1p DESIGN �N SOCIETY OF LMAM:H91C1S January 11, 2006 Revisdd: April 26, 2006 Mr. Raman Castella C3Ts 901 Ponce de Leon Blvd. She 90D Coral Gables, FL 33134 fit We appreciate bWr% invked to pertltipate In the design of your project located on Sunset Drive from the Western City Iln* to US II In South Miami, FL. Rosenberg Gardner Design (RGD) shall provide the following lar►dsc" architectural services for your project. The Scopm of Work Is Planting and Irrigation des'jgn far medians and sidewalks from SW 6r Avenue to US I and onfy n ddian planting desV betw~ the Western City limit and SW 620 Averrue. I) Coordinate with Architects and Engiroun to determine planting opportunities In the skkyvWk and median areas along tha corridor, 2) Prepare a Conceptual Landscape Development plan showing general plam massing and Pfoposetl lint specks.. This plan will be a scoff p wiW by a cost estimate. 3) Pt epam a Planting Plan su ident for permitting, by FDOT and the City of South Miami. Due to the amount of detail noomssry for nsviaw this plan will also be sufiiclent in detail for bidding and Installation by qualified c ontracbm. 4) Prepare an lr ription Plan r.ufkk t In detail for bidding and inetallatiorn by gtralHW contractors. 5} ArrwW up to three (3) meetings with City staff, Commission or FDOT. Attendance at additional meetings void be billed hourly recorded portal to portal. 6) RGD will prepam phm on a base site plan provided by OTS. Any durew to RGD's plans rWfIred by changes to dFw she plan, shall be billed hourly. Any Ilia Vn to RGD's plans r+acfuinad as a result of commerrta concerning our design by review Boards or governnwr t staff, shall be made at no additional con. Sunset Drivr+ imm SW V" Avenue to US] Page} Miami -Dads: 5190 NW 167 St. Saito 111 i xi, FL. 33014 Fbm: 305-620-7781 Fax: 305 -i20 -7787 rgdedgD@bdMSondLwt Bwward: 426 Ston=xmt 13dve Wesbm% JFL 33326 PPhoec: 954- 349 -3793 pax: 934- 349 -3796 kcnarc@bellwWh.net 04/26/2006 02;32 3052358380 ROSENBERG DESIGN GP PAGE 03 ROSENBERG LAND PLMNENG GARDNER � Mcri�€cry E DESIGN ♦ mEmuR AMERFCAN SOCIM of LANDSCAPE ARCHnWTS 7) Overseeing vdH include up to four (4) periodic visits to the site to determine if the work is proceeding generally in aaoordance with the Contract Documents. RGD shall not be required to mow exhaustive or continuous on -site inspections to cheek the quality or quantity of the work and shall not be responsible for oonstrtxtion inure, methods, techniques, sequences or procedures, or safety precautions and pn ams In connection with the work and shall not be responsible for any Contractor's fallure to catty out the work in ac cordarKe with the Contract Documents. Attendance art additional site visits shall be Killed hourly recorded portal to portal• s 9 1.4 : ALA.. 3 The Client shall prwvlde any required site surveys, as -built drawlrgj, soil tests, as well as architectural and engineering services as required. IIL MM I) The fee shall be $ 20.250 payable as folkws: $10; 150 - upon submission of a Conceptual Plan to the Client (Item I -2) $ 6,300 - upon submission of a Planting flan to the Clierrt (item 1 -3) $ 3,800 - upon submission of an Irrigation Plan to the Client (!tarn 1-4) 2) Overseeing shall be billed on an hourly basis, at the cumem hourly rates for RGD personnel_ TIme shall be recorded portal to portal. Hourly rates are as follows: $123/hr for Principal $85/hr for Landscape Architect $65/hr for Designer $45/hr for Ste#► 3) Reimbursable expmsss shall be billed at aettW cost for plan - reproduction, courier fees, photographs, postage and handling, long-distance calls and any out -of -town traveling axpenses connected with the project. Prints created In-house by RGD will be charged at $2.00 each for D site sheets (24"x36'') and $ 2_50 each for E srte sheets (30"'x42'). 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT. 5) A Late Payment Charge of 1.5% per month will be added to all irrvorces past due. 6) If it becomes necessary incur collection fees and/or employ the service& of an attorney to collect debt, then such fees shall be paid by the client. Sunset Dative lam SW 62a' Avenue to U91 Pale 2 Miami Dade; 3194 NW 167 St, Suite 111 Mkm* FL 33014 !how; 305 -620 -7781 Fax: 345 -620 -7787 rgdeslgn@beHsoatkM Bwwaxd; 426 Summuont Ddw Weston, FL 33326 !hone: 934- 349 -3793 Fax: 954- 349 -37% kaoarc@6e11sorrth.aet 0412612006 02:32 3052358380 ROSENBERG DESIGN GP ROSENBERG GARDNER LAND PLANNING "I �E � rz � DEStG IV AM R SOCIETY OF LANDSCAPE ARCHITECTS e Y *.►� PAGE 04 1) Any revisions to our drawings, specifications or other documents required as a rasolt of changes to base plans or other Imforma#ion or instructlons provided to RGD from the Client or his Architect or Engineer, small be MW on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed on an hourly #lasts. 2) When RGO is contracted to prepare plans for the layout and design of roof top hardscape. amenities, ptantirtp and irrigation, the Client shalt provide the services of a structural engineer. RGD shall rely upon the advice of the engineer for information at to the roof structure's weight bearing capacity, roof drainage. WdtwPFoof Mg systa+ms, etc. RGD shall not be responsible for the preparation of structural, rr admical or e6ctricl construction plans fear the woof top areas. RGD is not responsible for any construction operations during installation of elements destniad by RGD that damage the structure, waterproofing or clog drains. V. TIERMINAMQH IN4 agreement may be terminated by either party upon seven (7) days written notice. in the event of termination. RGD shall be paid its compensation for service performed to, the termination date Including reimbursable expenses then due_ The client May not, at any tune, use or allow the use of any wont which Is either inwmplute In any respect, or is not fully paid for, swan if complete. The persons executing this agreement wwyant and represent that they are wAhorized to enter into this Agr ow -ment on behalf of the person or w Alty for whore they are signing. We look forward to being of servioa to you. This agrmerrrent Is executed this ^ day of , 2DD6. ROSENBERG GARDNER DESIGN By: For the Firm Client: Signature Name & TkIia Printed Sunset Drive flour SW 62"4 Avenue to US Page 3 Miami -Dade: 5190 NW 167 St_ Suite 111 Miami, FL 33014 Phoac; 345{20 =7781 Fax: 305 -620 -7787 rgdesiSn@bc isouth_nCt Browai3d: 426 StasiMOM Dative Weston, FL 33326 Phone; 954 - 349.3795 Fax: 954- 349 -3796 kenarc @6elrsoutknd PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this day of h&Lei0dY by and between the CITY OF SOUTH NIIANII, a political subdivision of the State of Florida, referred to as the "CITY" and CORZO CASTELI.A CARBALLO THOMPSON SALMAN, P.A., 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 CITY. The CITY reserves, at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CH Y agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Endneering 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 Iead CONSULTANT as designated by Professional Services Agreement General Engineering Services December 2004 Page 2 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 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 Professional Services Agreement General Engineering Services December 2004 Page 3 of 16 Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) 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 CH Y. 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 Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet format, unless approved otherwise. Professional Services Agreement General Engineering Services December 2004 Page 4 of 16 C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I . Non - drawing submittals in Microsoft Office format. 2. Drawings in AutoCAD format. 3. GIS files should be in AreView 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 „gpproval of the 50% documents is received from the CITY. The CONSULTANT shall snake all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available. 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 continents 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. 1. 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 drawings 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 E Professional Services Agreement General Engineering Services December 2004 Page 5 of 16 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 TV - 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 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. ■ Professional Services Agreement General Engineering Services December 2004 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 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 Contractors 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 Services Agreement General Engineering Services December 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 accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the =. 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 CHY, 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 Professional services Agreement G=eneral Engineering Services December 2004 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 CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness in 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 Services Agreement General Engineering Services December 2004 Page 9 of 16 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 - TWE 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 Principal Project Manager Senior Engineer Engineer Construction Manager Construction Inspection Senior DraftsmanfTechnical/CADD Operator Draftsmen Data Processing / Clerical Hourly rates will include all wages, benefits, overhead and profit. Professional Services Agreement General Engineering Services December 2004 Page 10 of 16 Hourly Rate $135 $105 $95 $75 $100 $55 $60 $55 $40 SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the 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 N. 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. C. 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 parry, in accordance with the Industry Arbitration Rules of the American Arbitration Association. Professional Services Agreement General Fngincering Services December 2004 Page 11 of 16 SECTION '7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION 8 - COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the C= to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION I.I. — SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or malting of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. Professional Services Agreement General Engineering 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 - DURATION OF AGREEMENT 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 In the event either parry fails to comply with the provisions of this Agreement, the aggrieved parry 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 parry to enforce the provisions of this contract, the prevailing parry will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT' 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 Services Agreement General Engineering 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 Iimit 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 Iiability, severability of interest with cross Iiability 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 CTTY 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 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. • Professional Services Agreement General Engineering Services December 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 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. J 3 -©q- 119aZ duly passed and adopt by the City of South Miami City Commission ipoy ATTEST: CITY OF SOUTH MIAMI Maria Menendez, City Clerk Z ATTE : STATE OF FLORIDA Maria V. avis, City Manager CONSULTANT: Amvr4 Mt..A vtC6- P"G10e*Ji ss: Acknowledgement of City of South Miami COUNTY OF DADE ) f �f The foregoing instrument was acknowledged before me this �.� day of- '�1!`' , 2004 by MARIA V. DAVIS and MARIA MENENDEZ, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Professional Services Agreement General Engineering Services December 2004 Page 15 of 16 :1 . ?.�Lt 1 FNOtary Public, Stat of Florida 1 ' Print name: �" /�Ce; % tjW 00 6r�i�i1%1NQT- MY!;�-AL Commission No: o -,to MAF?IAi GRFIGIA 5. � u COUra SVON NUMBED! STATE OF FLORIDA SAY COMMISSION EXPIRES ss: Acknowledgement of Consultant OCT. a,zons COUNTY OF DADE The foregoing instrument was acknowledged before me this day of �` 2004 by rn Dn CaS ire ( P � of C�-t� ' — , •- _ ;� on behalf of the CONSULTANT. He is personally known to me or has produced as identification. APPROVED AS TO FORM & CONTENT Cty orney Professional Services Agreement General Engineering Services December 2004 Page 16 of 16 it: Public, State of Florida Print name: brace S Commission No: L> D 2- 6 -7 - 7 4--Z- . -, � pies ? My Commission DD287742 �i Expires November 16. 2007 1 rl ka r 4p) *W7 1 U) a) R 0 0 Q M 0 0 0 0