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Res. No. 091-05-12070
RESOLUTION NO.91-05-1 2070 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO MILIAN SWAIN &ASSOCIATES,INC (MSA)FOR PROFESSIONAL ENGINEERING SERVICES FOR SURVEYING &TESTING, DESIGN,BID AND CONSTRUCTION PHASE SERVICES FOR THE SNAPPER CREEK DRAINAGE &TRAFFIC CALMING IMPROVEMENTS,IN AN AMOUNT OF $88,482 TO BE CHARGED TO PEOPLES TRANSPORTATION TAX ACCOUNT NUMBER 124-1730-541-3450;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,theCity Commission of theCity of SouthMiami,wishestoprovide traffic calming anddrainage improvements intheSnapperCreekarea;and, WHEREAS,theCityCommission of theCity of SouthMiami,wishestousetheprofessional services of MSA,toprovidesurvey&geotechnicaltestingservices,design,bidandconstructionphase servicesforthe Snapper CreekDrainage&TrafficImprovements;and WHEREAS,thestreets within the boundaries ofthe improvement areaare defined as:SW 84th Street from SW 58lh Avenue to SW 62nd Avenue,SW 85,h Street from SW 58th Avenue to SW 60,h Street, SW 58,h AvenuefromSW 84,h StreettoSW 85th StreetandSW59*AvenuefromSW84*StreettoSW 85*Avenue;and NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,that: Section 1:The City Manager is authorized to execute aWork Order with Milian Swain& Associates,Inc.inconnectionwiththesurvey&testing,design,bid&constructionphaseservicesfor Snapper CreekDrainage&Traffic Improvementsproject,inan amount of $88,482.00 fromPeoples Transportation TaxFund account number 124-1730-541-3450 witha current balance of $180,136.72. Section2:Theattached proposal.ProfessionalServiceWorkOrder,ismadepart of the resolution. OfPASSEDANDADOPTEDthis/f _day of APPROVED: CL -G- laria Menendez,CityClerk READ AND APPROVED AS TO FORM: .2005. ATTEST: Commission Vote:3-1 Mayor Russell:Yea Vice Mayor Palmer:Yea Commissioner Birts-Cooper:Yea Commissioner Wiscombe:absent Commissioner Sherar:Nay South Miami AEHlmeifcaCity MllirCITYOFSOUTHMIAMI Inter-office Memorandum TO:Honorable Mayor,Vice Mayor &City Commission FROM:Maria V.Davis City Manager 2001 DATE:July 19,2005 AGENDA ITEM No.Y RE:Authorizing the City Manager to execute a professional service agreement with MSA for Snapper Creek Drainage & Traffic Calming Improvements RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO MILIAN SWAIN &ASSOCIATES,INC (MSA)FOR PROFESSIONAL ENGINEERING SERVICES FOR SURVEYING &TESTING, DESIGN,BID AND CONSTRUCTION PHASE SERVICES FOR THE SNAPPER CREEK DRAINAGE &TRAFFIC CALMING IMPROVEMENTS,IN AN AMOUNT OF $88,482 TO BE CHARGED TO PEOPLE TRANSPORTATION TAX ACCOUNT NUMBER 124-1730-541-3450;PROVIDING FOR AN EFFECTIVE DATE BACKGROUND &ANALYSIS: Asone of ourselectedprofessionalgeneralengineeringconsultants,MilianSwain&Associates, Inc.(MSA)will provide survey&testingservices,design,bidand construction phase professionalservicesforSnapperCreekDrainage&TrafficImprovements.Theprofessional services will be provided for the project area defined as:SW 84th Street from SW 58th Avenue to SW 62nd Avenue,SW 85th Street from SW 58,h Avenue to SW 60,h Street,SW 58th Avenue from SW 84,h StreettoSW 85th StreetandSW 59th AvenuefromSW 84th StreettoSW 85,h Avenue. Theproposedtrafficcalmingisthe implementation of some of therecommendations of the SnapperCreekTrafficPlancompletedinApril2004.Afterthestudy,MiamiDadeCounty PublicWorks Department,Traffic Engineering Division reviewed the report and expressed no objectiontothe construction of trafficcirclesattheintersectionof: 1.SW 84,h Street &SW 58,h Avenue 2.SW 84,h Street &SW 59,h Avenue By implementing these calming devices,weintendto eliminate the excessive traffic intrusion to the Snapper Creek neighborhood and prevent continued degradation of its quality of life and safety. In addition tothe traffic calming element,weare proposing improvements tothe drainage system along the proposed project corridor.Our records indicate that some of the existing drainage structures within the estimated 5,100 linealfeet project corridor are old and sub-standard.As part of this professional service,5 percolation testswillbe performed bya geotechnical engineer to Page2 of2 Comm.Mtg.Agenda July 19,2005 assistinthedesign of adequatedrainagesystemneededalongthecorridor.The proposed improvements will include the design for required catch basins,exfiltration trenches,piping, pavement restoration,landscaping and pavement marking.These professional services willbe fiinded through the People's Transportation Tax Fund account number 124-1730-541-3450 with a balance of $180,136.72,before this request.» RECOMMENDATION: Itis recommended thattheCity Commission approvetheresolution. ATTACHMENTS: a Proposed Resolution a MSA's Work Order for Professional Services a MSA's Summary of Professional Fee worksheet •Project Location Map-Exhibit "A" a MSA's Professional General Services Agreement MSA Milian,Swain &Associates,Inc. Civil &Environmental Engineers 2025 S.W.32nd Avenue,Miami,Florida 33145 tel (305)441-0123 fax (305)441-0688 File:Proposal June 15,2005 City of South Miami PUBLIC WORKS DEPARTMENT 4795SW 75th Avenue, Miami,Florida 33155 Attention:Mr.Ajibola Balogun,REM Director Reference:PROPOSAL -Snapper CreekDrainage&TrafficCalming Improvements City ofSouth Miami,Miami-Dade County,Florida Dear Ajibola: 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 participationinthisproject. We will commence with ourassignmentafter your final review andacceptanceofthis proposal and upon receipt ofa 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 workeffort expected. If you have any questions or require additional information,pleasecontactmeat your earliest convenience. Sincerely, MILIANTSWAIN & UVIenaci Manager-Oivilyfe Municipal Engineering copy:Arsenio Milian,P.E. File kTfiS,INC. City of South Miami PUBLIC WORKS DEPARTMENT "Snapper Creek Drainage &Traffic Calming Improvements" City of South Miami,Miami-Dade County,Florida SCOPE OF SERVICES June 3,2005 Revised June 15,2005 PROJECT DESCRIPTION The project consists of the preparation of construction documents for the construction oftraffic calming,roadway anddrainage improvements toSW 84th Street,SW 85th Street,SW 59th Avenue andSW 58th Avenue within the limits depicted in attached Exhibit A:"Project Location Map".Milian,Swain &Associates,Inc.(Consultant)proposes the following Scope of Services: PHASE 01:SURVEY a.The Consultant will retain the services ofa professional land surveyor registered in the State of Florida to perform a specific purpose survey of the affected publicrightsofway within the limits depicted in attached ExhibitA(±5,100 If.). b.The Surveyor will locate all utility castings,existing driveways (identifyif 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 @ 100'intervals and at high and low points within the affected roadway,including sidewalk (front and back),swale (top and bottom),edge of pavement and centeriine/baseline.All existing elevations shall be based onNGVD datum. d.The Surveyor will prepare planviewof 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. e.Survey will be prepared bytheSurveyorin AutoCAD formatusing size aDB (24"x 36") sheets and the City's standard sheet title block format. f.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 to the City. PHASE 02:DRAINAGE TESTING a.The Consultant will retain the services ofa geotechnical engineer registered in the State ofFloridato perform FIVE(5)percolation tests within roadway corridors based on Test Location Map prepared and provided by the Consultant. ttcrnr op south mamitosnapper creek drainage *trafficcaucmo improvementofinal proposal^***r HnkttCt 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,ifany.Utility clearance will be obtained by the Geotechnical Engineer priorto 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 possibilityof accidents or damage to any pedestrian or vehicular traffic. f.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 copyof the test report to the City. PHASE 03:DESIGN AND PERMITTING a.Attend initial coordination (Kickoff)meeting with the City. b.The Consultant will obtain a Design Ticketfrom Sunshine State One CallofFlorida,Inc. and request as builtinformationfrom utility companies listed as having potential utilities within theproject area.Inaddition,theConsultant will request pertinentunderground records from the City's department of Public Works. c.Based onreviewofthetopographicsurvey,drainage tests andrecorddrawingsof existing drainage system(s)within theprojectcorridor,the consultant will identify area(s)within the road rightofway that could be improved by the installation ofanew drainage system;including replacement of existing slab-covered trenches with new exfiltration trenches per DERM current standards.Prepare design drawingsand drainage calculationsfortheinstallationof exfiltration trench (Frenchdrain)systems at the selected locationsand asphalt pavement overlay throughout the roadwaycorridor. NOTE:Based onpreliminarywalkthroughoftheproject area bythe Consultant on June 1, 2005,there areportionsoftheprojectroadway segments (±600 If.)exhibiting longitudinal, transverse and "alligator"crackingof the asphalt pavement where pavement reconstruction inlieuof overlay is recommended. d.Prepare Paving,Grading,Drainage,Traffic Signage &Pavement Markings and Landscaping plansfortheconstructionoftrafficcalming improvements in accordance with therecommendationsdescribedinthe Snapper Creek Traffic Planpreparedby Kimley-Horn &Associates,Inc.,dated April 2004at the following intersections: •SW 84th Street and SW 50"Avenue &SW 84th Street and SW 58P Avenue e.Prepare Paving,Grading,Drainage,Traffic Signage &Pavement Markingplansforthe constructionofintersectionimprovementstoincludecurb&gutterandbrickpaversat the following intersection: •SW 84th Street and SW 60th Avenue KOn Or KWTH laMBmSNAma.CREEK MAMACE k TRAFFIC CALMING OTROVEMENTORNALmC«OtALtoef>or««k>>tI00UX>C f.Prepare 50%construction documents (Drawings,Drainage Calculations andOutline Technical Specifications)for the proposed improvements and preliminary Opinionof Probable Construction Costs. g.Submit two(2)copies of the 50%Design package to the Cityfor review and approval. h.Prepare presentation material and attend one (1)public meeting with area residents to present the proposed roadway,drainage and traffic calming improvements.The meeting will be attended by the consultant's Project Manager and Landscape Architect. i.Prepare 100%construction documents incorporatingCity's50%review comments,to includeall proposed roadway,drainage and traffic calming improvements.The proposed design will address utility crossings and pavement restoration within the affected roadway segments,pertinent details forexfiltration trenches,drainage structures, pavement restoration,asphalt pavement overlay,landscaping plan and planting details, supporting drainage calculations and Updated Opinionof Probable Construction Costs. j.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). k.Submit two(2)copies of the 100%package to the Cityfor review and approval. I.Prepare Final construction drawings,specifications and drainage calculations reflecting 100%review comments received from the Cityto include Final Opinion of Probable Construction Costs and Final Project Manual. m.The Consultant will assist the Cityin obtaining approvals from the following agencies: •Cityof South Miami Public Works Department. •Miami Dade DERM -Water Control Section. •Miami Dade Public Works Department. n.Identifyall 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. o.Prepare and submit the application packages and processing fees as required for review and approval. p.The Engineer will retrieve the permit package(s),revise the plans if needed and deliver approved drawings to the City. q.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 Opinionof Probable Construction Costs. •Twenty Four (24)sets of the FINAL drawings and Project Manual forbidding purposes. •Permit drawings approved by the regulatory agencies. ftWTV Of COUffi M AM!«(l)StAIfnCMK DtAMAOE A TKAFTK CAUCNO WTOOVEUDTOnNAL ttOKBAD-^f..*•-«»«100J.DOC PHASE 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 RFI'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. f.Perform periodic construction observations ona weekly basis (based on a 16 week construction period)limitedto32 site visits@2.0 hrs per visit=64 hours max.)to observe the general status and progress of the work.Write and distribute construction observation report after each site visit. NOTE:Construction Observations by the Consultant are limitedto observing the work and materials that are to become part ofa 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 will 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 opinionof 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). i.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 ofa Punch Listof any defects and discrepancies in the work. j.Perform a Final Construction Observation to ensure satisfactory completion ofall items in the Punch List. k.Recommend execution ofa Certificate ofFinal Acceptance and final payment to the Contractor upon satisfactory completion ofall items in the Punch List and receipt ofall necessary close-out documentation from the Contractor. I.Obtain record drawings (as-built)from the Contractor in hard and electronic formats and submit to the City. PJOTY OPlOUTWWlAJinmPJAPfER CREEKDRAWAOEATRAPTICCALMINOrMPROVOaWIXtfWALPROPOTALW^rf!KTVfcwil COMPENSATION Compensation shall be based on a Fixed Fee Basis.The total fixed fee for this project including sub-consultant servicesis $88,482.00.A breakdown ofthe work effort required to perform the tasks contained inthis proposal is included in attached Exhibits B. The Consultant will submit monthly invoices for services renderedandcosts incurred in accordance with the invoice submittal format contained incurrent Professional Services Agreement between the City of South Miami (City)and Milian,Swain &Associates,Inc. (Consultant). WORK AUTHORIZATION "Snapper Creek Drainage &Traffic Calming Improvements" City ofSouth Miami,Miami-Dade County,Florida The City ofSouth Miami (CLIENT)and Milian,Swain &Associates,Inc.(Consultant)agree with theabove scope of services andcompensationterms. Milian,Swain &Associates,inc. Approved this J]_day of Jiu^L 2005 Bv;QjZCUUU J /UJ*^ Arsenio Milian,P.E. President City of South Miami Approved this day of ,2005 By: Name &Title -END- fcWTYOFnWIN MUMnTOSNArreS CREEK DRAMAOE *TRAFFIC CALMMOIMrROVEMEWTWDIALri«>ICSAlJieo(i.«f •Wlfoftl City of South Miami SNAPPER CREEK DRAINAGE &TRAFFIC CALMING Project Location Map SW 82ND ST swa^1*!}-^ [SW 84TH ST is CO r \ £5B90 5870 5850 5830 0 U1 5891 5871 5861 5851 5831 5801 < v. J '^A 5780 5760 5740 5720 5700 57B5 5765 5753 5711 I 5703 5701 V ' 6375 5765 .751 5741 73 I o \ B350 I o J MW 5990 5980 0 5940 5930 —s 5900 6450 5991 5971 59215985!>1 59 1 5901 SNj -PPER-eftgH|e-t3ff—SW]84m TE SNAPPER CREEK DR / 6160 6150 60906060 6020 0 6151 V 6131 6111 6041 6021 6001 ) c ,W 86 rri si l^SW 85THST 59905970 59605940 5920 I 5900 5991 V 5971 59615941 5921 5901 J 5990 5970 5960 5940 5920 5900 5991 V 5971 5961 5941 5921 5901 > SW 87TH ST Made by City of South Miami Public Works Department -I2/I/200& Basic Set Level I GIS Data byMiami-Dade County ~m 5STW 5T —\ 5870 5860 5850 5640 5830 5820 5600 5871 5861 5851 5841 5031 5821 5801 V J SW 86TH ST SW 87TH ST 8410 r1 h 8411 8420 8500 8421 6501 g/Mi&ir A EXHIBIT B Milian,Swain &Associates,Inc. 2025 SW 32nd Avenue Miami.Florida 33145 (305)441-0123 (305)441-0888 SUMMARY -ENGINEERING FEE CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT SNAPPER CREEK DRAINAGE AND TRAFFIC CALMING IMPROVEMENTS P.T.P.Project No.: ACTIVITY Principal Engineer Project Manager Senior Engineer Project Engineer CADD Technician Construction Manager Construction Inspector Clerical TOTAL HOURS MSA Fee For Activity $145.00 $110.00 $95.00 $85.00 $85.00 $95.00 $72.00 $50.00 PHASE 01:SURVEY 0.00 2.00 0.00 6.00 4.00 0.00 0.00 0.00 12 $990.00 PHASE 02:DRAINAGE TESTING 0.00 1.00 0.00 3.00 0.00 0.00 0.00 0.00 4 $365.00 PHASE 03:DESIGN &PERMITTING 5.00 80.00 0.00 289.00 225.00 0.00 0.00 11.00 610 $49,265.00 PHASE 04:BIDDING &CONSTRUCTION 3.00 31.00 0.00 47.00 8.00 32.00 76.00 9.00 206 $17,322.00 TOTAL MANHOURS 8 114 0 345 237 32 76 20 832 $67,942.00 TOTAL MSA SALARY COSTS $1,160.00 $12,540.00 $0.00 $29,325.00 $15,405.00 $3,040.00 $5,472.00 $1,000.00 Subconsultant Services: $10,540.00 $2,000.00 $7,000.00 $1,000.00 $20,540.00 TOTAL CONTRACT FEE COMPUTATION REVISIONS Total MSA Activity Salary Costs TOTAL Subconsultant Services TOTAL(Fixed Fee Services) Other Costs GRAND TOTALO $67,942.00 $20,540.00 8/10/2005 Revised per City comments on - 6/10/05PHASE01:SURVEY (RoyalPoint Surveyors) PHASE 02:Drainage Testing (H.R.Engineering,Inc.) PHASE 03:Landscape Architecture (Curtis&Rogers) PHASE 04:Landscape Architecture (Curtis&Rogers) TOTAL (Subconsultants): 6/15/2005 **«J—*=*» Revised per City cornjnents'Sn" 8/15/05 "lljfjlj)!$88,482.00 $0.00 ;$8$4«wk>;: nComments; i to complete1.Grand Total amount includes projected direct cost* the project per scope and required deliverables. Prepared By:Julio M.Menache Date:06/01/05 ,''..:"I PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this %£>day offlovemfeffioy by and between the CITY OF SOUTH MIAMI,a political subdivision oftheStateof Florida,referred toasthe "CITY"and MHJAN, SWAINANDASSOCIATES,authorizedtodobusinessintheState of Horida,referredtoasthe "CONSULTANT". In consideration ofthe premises and the mutual covenants contained inthis agreement,the CITY agrees toemploythe CONSULTANT foraperiodendingonDecember1,2007,andthe CONSULTANT agrees to perform all professional services in connection withthe WORK,as described herein,ona continuing basisin connection with projects where the basic construction costsdoesnotexceed $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 maybe issued a Notice to Proceed to encompass the entire Basic Services,as definedin paragraph 2.2fora project,fora portion oftheBasic Services,orfor discrete tasks as specified in paragraphs 2.3 Additional Professional Services,,forthe purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may berequired. 1.2A Notice to Proceed will be issued on anas needed basis at the sole discretion of the CITY.The CITY reserves,atalltimes,therightto perform anyandall engineering work in-house or with other engineers.This Agreement does not confer onthe CONSULTANT any exclusive rights to CITY WORK,nordoesitobligatethe CITY inanymannerto guarantee WORK forthe CONSULTANT.The CONSULTANT may submit proposals forany professional services for which proposals maybepublicly solicited bythe CITY outside ofthisagreement 1.3 TheCITYwillconferwiththe CONSULTANT before anyNoticeto Proceed is issued to discuss the scopeofthe WORK;thetimeneededto complete theWORKandthefeeforthe services tobe rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior tothe issuance ofa Notice to Proceed Nopaymentwillbemadeforthe CONSULTANT'S timeandservicesinconnectionwith thepreparationofanyproposal. 1.5 The CITY agrees thatit will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK tobe 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 theirpresenceisrequired. 1.7 The CITY agrees to designate a representative who,on behalf ofthe City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly,to avoid unreasonable delayinthe progress ofthe CONSULTANT'S services.The CONSULTANT shall keep the CITY'S representative advised onthe project status atall times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2•PROFESSIONAL SERVICES 2.1General Engineering Services The professional servicestobe provided bythe consultant areas 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 preparationoffinaltraffic engineering report. E.Environmental Engineering,to including,site investigation and design needed to prepare remediation plansto mitigate underground storage tanks,hazardous waste materials and asbestos materials. F.Other incidental services associated tothe above items. 2.2 Basic Services The Basic Services,for design and construction,consist ofsix (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 ccKjrdinate his effort with that of any other engineering;landscape arcWtectural or architectural CONSULTANTS to assure a coordinated and complete WORK The lead CONSULTANT as designated by •Professional ServicesAgreement General Engineering Services December 2004 Page2 of 16 the CITY shallpreparethefinal bid packageincludingbid documents andspecifications,which shallbe prepared by,andbetheresponsibility of the respective disciplines. 2.2.1 Phase I-Preliminarv and Schematic Design: A.The CONSULTANT shall confer with representatives of the CITY andtheusingagencyto determinethefullscope of theProjectthatwill meet theprogramrequirements,andshall advise theCITYif,intheCONSULTANTS opinion,the allocated funds are adequate to accomplishtheprogram requirements. B.The CONSULTANT shalluse proper andadequatedesigncontroltoassurethe CITY thatthe programrequirementswillbe met C.The CONSULTANT shall prepare aDesignConceptand Schematic Report,comprising of theProjectTimetable (Master Schedule),Planning Summary(unlessadvised otherwise), Schematic Design Studies (unlessadvisedotherwise)asdefined below,andthe Statement of Probable Construction Cost D.The Proposed Project Timetable shall consist of ascheduleshowingtheproposedcompletion dateoneachPhase of the Project through design,bidding,construction,andproposeddate of completion. E.The Planning Summary (unless advised otherwise)shallconsist of avicinityplanandblow up of theSite (if applicable)showing Project orientation,andabriefsummary of all pertinent planningcriteriausedfortheProject F.TheSchematicDesignStudies (unless advisedotherwise)shallconsist of allplans,elevations, sections,etc.as required toshowthe scale and relationship of the parts andthedesign concept of thewhole.Asimple perspective sketch,modelor photograph thereofmaybeprovidedto further showthedesign concept G.The CONSULTANT shall present theSchematicdesignstudiestothe appropriate Boardsfor theirapprovalwhentheproject requires suchapproval. H.TheCONSULTANT shall present the schematic design studies to all the appropriate utility companies (suchas FPL,Southern Bell,Dynamic Cable,MDWASA,etc.)foranyconflict with their utilities. LThe Statement of Probable Construction Cost shall include estimated cost of the Project includingfixedequipment,professional fees,contingencies(ifany),escalation factors adjustedtotheestimatedbid date,movableestimate (if any),andutilityserviceextensions(if applicable).The CONSULTANTS opinions of probable Total Project Costs and •ProfessionalServicesAgreement GeneralEngineeringServices December 2004 Page3of 16 Construction Cost are tobe 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 bv the CITY. 2.2.2 Phase II-Study and Design Development: A.Rom 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 ofthe 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 orscopereductionoptionsshallbe 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 bytheCITY. D.The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budgetA Notice to Proceed to Phase HI will notbe issued if the latest statement of Probable Construction Costexceedsthe total allocated funds. 2.2.3 Phase III-Final Design /Construction Documents Development A.From the approved Design Development Documents,the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid)Form and other necessary information for bidders, Conditions of the Contract,and Complete Drawings and Specifications.CONSULTANT shall use Construction Specifications Institute (CSI)Standards and the City of South Miami Standard forms for the preparation of the proposal (bid)forms,Instructions to Bidders, conditions of Contract and Specifications.The CONSULTANT shall review all existing City Specifications,for completeness prior to use and shall supply all needed additional specifications. B.The Construction Documents shall be prepared in a manner that will assure clarity of linework,notes,and dimensions,whenthe documents are reduced to50%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 ServicesAgreement General EngineeringServices December 2004 Page4 of 16 C..All constructiondocumentsshallbesubmittedinboth"hard copy"andelectronicmediaina mutually agreed upon electronic format,but generally as follows: 1.Non-drawingsubmittalsinMicrosoftOfficeformat 2.Drawingsin AutoCAD format. 3.GIS files should be in ArcView format Version 3.2. D.Whenthedevelopmentofthe drawings has progressed toatleast50%completion in Phase m,the CONSULTANT shallsubmittwo(2)copiestothe CITY forapproval,without additional charge,alongwith updated outline specifications.The CONSULTANT shall also submitatthistimean updated Statement of Probable Construction costas indicated bytime factor,changesin requirements,or general marketconditionsandan updated Project Schedule. E.The CONSULTANT shall not proceed withthe further developmentuntil approval of the 50%documents isreceivedfromthe CITY.The CONSULTANT shall make allchangesto documents.The50%completeChecksetshallbereturnedtothe CITY. F.ANoticetoProceedforthe completion of Phase IH willnotbeissued if thelatestStatement of Probable Construction Cost exceeds the total allocated funds,unless the CITY increases thetotal allocated fundsorthe CONSULTANT and the CITY agreeson methods of cost reductions sufficient to enable construction within the funds available. G.Upon 100%completion of the Construction Documents,the CONSULTANT shall submitto the CITY afinal,updatedStatementof Probable ConstructionCostalongwithtwo(2)copies each of CheckSet of drawings,specifications,reports,programs,etc.,without additional charge,forafinalreviewandcommentsor approvals. H.The CONSULTANT shallmakeallthenecessarypresentationstotheappropriate CITY Boards(suchasEnvironmentalReview Board,HistoricalPreservationBoardetc.)forthe finalapproval. L The CONSULTANT atnoextracosttothe CITY shall make allrequiredchangesoradditions andresolveallquestions resulting from paragraph H if the changes or additions donot alter thescope of theprojectas determined under paragraph 2.2.1 A.The 100%completeCheck setshallbereturnedtotheCITY.Upon final approval bythe CITY,the CONSULTANT shall furnish to the CITY a minimum of 24 sets of drawings and specifications,at no additional costtothe CITY,for bidding purposes,unlessinstructed otherwise. J.The CONSULTANT shall arrange for"dryruns"and/or make final submissions to appropriate authorities (regulatory agencies to include andnotlimitedto City,County,State orFederal)as necessary,toascertainthatthe construction documents meet thenecessary requirements toobtainallthe necessary permitsfor construction.CONSULTANT shall Professional ServicesAgreement GeneralEngineeringServices December 2004 Page5 of 16 respond to all technical questions from regulatory agencies.CONSULTANT shall modify,at no additional costto 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 thelatestStatement of Probable Construction Cost,the CONSULTANT shallfurnish the drawings and specifications as indicated above for bidding,and assist theCITYin obtaining bidsand awarding and preparing construction contracts.The CONSULTANT shall attend all pre-bid conferences.The CONSULTANT shall be present during thebid opening andas part ofhis assistance totheCITYwilltally,evaluate andissuea recommendation to the CITY after verifying bond,insurance documents,questionnaire and reference submitted bytheconstructor. 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 Costand 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 bythe CITY andrebidthe Project,or 4.suspendorabandonthe Project,or 5.exercisealloptionsundertheCity Charter andStateLaw. NOTE:Under item (2)above,the CONSULTANT shall,without additional compensation,assist the CITYin obtaining re-bids,and awarding the re-bid ofthe project Under item (3)above,the CONSULTANT shall,without additional compensation,modifythe Construction Documents as necessarytobringtheProbableConstructionCost within theTotal Allocated Funds.When thelowest responsible bid is over 15%of the CONSULTANT estimate. E.For the purpose of payment tothe CONSULTANT,the Bidding Phase will terminate and the services ofthe CONSULTANT will be considered complete upon signing of an Agreement witha Contractor.Rejection ofbidsbythe CITY doesnot constitute cancellation ofthe project 2.2.5 Phase V -General Administration of the Construction Contract: A.The Construction Phase willbeginwiththe award of the Construction Contract andwillend when the Contractor's final Payment Certificate is approved and paid by the CITY. •ProfessionalServices Agreement General EngineeringServices December 2004 Page6 of 16 have authority (with the City's prior approval)to recommend special inspections or testing of any WORK deemednottobein accordance withtheContractwhetherornotsuch WORK has been fabricated and delivered to the Project,orinstalled 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 withthe Contract Documents.Changes or substitutions tothe 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 tobe 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,anddeliverthemtothe CITY. L.The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to,1)initial instruction of CITY personnel in the operation and maintenance of any equipment or system,2)initial start-up and testing,adjusting and balancing of equipment and systems,and,3)final clean-up ofthe project 2.2.6 Phase VI -Post Construction Administration A.The CONSULTANT shall prepare and provide the CITY with awritten manual,to be used by the CITY,outlining the implementation plan of all the required maintenance necessary to keepthe proposed WORK operational ina safe and effective manner. B-The CONSULTANT shall furnish rn th*CITY,reproducible record drawing update h**o* on information furnished bv 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 CTTY 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 General Engineering Services December 2004 Page8 of 16 Additional Services as listed below are normally considered tobe beyond the scope ofthe Basic Services for design and construction,as defined in this Agreement but which are additional services which may be authorized withintheScope of Work given theCONSULTANT. 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,orcomparative studies of prospective sites. D.Design services relative to future facilities,systems and equipment which are not intended to be constructed as part ofa specific Project E.Services to investigate existing conditions (excluding utilities)or facilities orto make measured drawings thereof,orto 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 amreniing replacement of any WORK damaged by fire or other cause during construction,and furnishing professional services ofthetypeset forth in Basic Services as may be required relative to replacement of such WORK,providing the cause is found by the CITY tobeotherthanby fault oftheCONSULTANT. 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 CnY to be otherthan by fault of the CONSULTANT. L Making major revisions changing the Scope ofa 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 ServicesAgreement General Engineering Services December 2004 Page9 of 16 M.Preparing supporting data,drawings,and specifications as may be required for Change Orders affecting the scope ofa Project provided the Changes are due to causes found by the CITY,to bebeyondthecontrol of theCONSULTANT. SECTION 3 -TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution ofthis Agreement and shall be completed within the timebasedon reasonable determination,statedinthesaidNoticeto 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 ofthe Agreement,change ofscope of work or should any other events beyond the control of the CONSULTANT render performance ofhis duties impossible. SECTION 4 •BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed"fee ora fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK.Upon agreement ofa 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 ora combination thereof,as mutually agreed upon by the CTIY and the CONSULTANT. A.Afixed sum:The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITYandthe CONSULTANT: B.Hourly rate fee:The CTIY agrees to pay,and the CONSULTANT agrees to accept,for the services rendered pursuant to this Agreement,fees in accordance with the following: Categorv Hourlv Rate Principal $145 ProjectManager $110 SeniorEngineer $95 Engineer $85 ConstructionManager $95 ConstructionInspection $72 Senior Draftsman/Technical/CADD Operator $65 Draftsmen $60 DataProcessing/Clerical $50 urly rates will include all wages,benefits,overhead and profit Professional Services Agreement General Engineering Services December 2004 Page10 of 16 SECTION 5 -PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments tothe CONSULTANT forall authorized WORK performed during the previous calendar month.For design and construction projects where fee for each phase isnot specified,such payment shall,inthe aggregate,not exceed the percentage ofthe estimated total Basic Compensation indicated belowforeach phase: 15%uponcompletionandapprovalofPhaseI. 35%upon completion and approval of Phase U. 55%upon submittal and approval of 50%complete drawings and outline specifications of Phase m. 75%upon100%completionand approval ofPhasesIIIandIV. 90%upon completion oftheProjectand approval ofallWORKPhaseV). 100%upon final completion and approval ofWORKelements AandBofPhaseVI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shallcontainthe following information: 1.The amount of the invoices submitted shall be the amount due for all WORK performed to dateascertifiedbythe CONSULTANT. 2.The request for payment shall include the following information: a.ProjectName 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 ofworkdone this billing period, i.Invoice number and date. 3.Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll dataforthe 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 andthe representative's decisions upon all claims,questions,and disputes shall be final,conclusive and binding upon the parties unless such detennination 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 ServicesAgreement GeneralEngineeringServices December 2004 Page11 of 16 SECTION 7-OWNERSHIP OF DOCUMENTS All reports and reproducible plans,and other data developed bythe CONSULTANT forthe purpose ofthis AgreementshallbecomethepropertyoftheCITYwithoutrestrictionorlimitationin connection withthe owner'suseandoccupancyoftheproject Reuse ofthesedocumentswithoutwrittenagreementfromthe CONSULTANT shallbethe CITY'S soleriskandwithoutliabilityandlegalexposuretothe CONSULTANT. When each individual section ofthe WORK completed under this Agreement is complete;allofthe above data shall be delivered to the CITY. SECTION 8-COURT APPEARANCES.CONFERENCES AND HEARINGS Nothing inthis contract shall obligate the CONSULTANT to prepare foror appear in litigation onbehalfof theCITY without additional compensation except foranydisputearisingoutofthis contract.Theamountof such compensation shall be mutually agreed upon and be subject toa supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance ofa court appearance and conference. The CONSULTANT shall confer with the OTY at anytime during construction ofthe improvement contemplated asto interpretation of plans,correction of errors and omissions and preparation of any necessary planthereof to correct such errors and omissions or clarify without added compensation. SECTION 9-NOTICES Anynotices,reportsorotherwritten communications fromtheCONSULTANTtotheCITYshallbe considered delivered when delivered by courier orby mail tothe CITY.Any notices,reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT inpersonorbymailtosaid CONSULTANT orhis authorized representative. SECTION 10 -AUDIT RIGHTS The CITY reserves the right to audit the records ofthe 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 applicableonlytoassignmentsthatareonatimeandcostbasis. SECTION 11 -SUBLETTING The CONSULTANT shall not sublet,assign,or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 -WARRANTY The CONSULTANT warrants thathe has not employed or retained any company or person,other than a bona fideemployeeworkingsolelyforthe CONSULTANT,tosolicitorsecurethiscontractandthathehasnot 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 havetherighttoannulthiscontractwithoutliability. Professional ServicesAgreement GeneralEngineeringServices December 2004 Page12 of 16 SECTION 13 -TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by o^lining to issue Notice to Proceed authorizing WORK,in which event the CTTYS 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 tobe determined onthe basis ofthe WORK performed bythe CONSULTANT uptothetimeof 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 partieshereto. SECTION 15 •RENEWAL OPTION This agreement may be renewed,at the sole discretion ofthe CITY,for a maximum ofone two year term at theend of theinitial 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 oflitigation by the other party to enforce the provisions of this contract,the prevailing party will be compensated for reasonable attorney's fees.In no event shall attorney's fees awarded against the CITY exceed 25%of the award for damages.The OTY 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 mdemnify and save the CITY harmless from any and all claims,liability,losses and causes of actions arising solely out ofa 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 orrejecting any submissions or acts ofthe 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 ofthis Agreement the following insurance: •Professional ServicesAgreement General EngineeringServices December 2004 Page13 of 16 A.Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%ofthe 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 Uability insurance with broad form endorsement,including automobile liability,completed operations and products liability,contractual liability, severability ofinterest 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 thehold harmless provision contained herein. C Workman's Compensation Insurance in compliance with Chapter 440,Florida Statutes,as presently written orhereafteramended. D.The policies except for Section 17 A shall contain waiver ofsubrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collective insurance that OTY may have.The OTY reserves the right to request acopy 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 todobusinessunderthelaws 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)dayspriorwrittennoticetothe CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion ofthis Agreement SECTION 18-AGREEMENT NOT EXCITTSTVF. Nothing in this Agreement shall prevent the OTY from employing other CONSULTANTS to perform the same or similar services. Professional Services Agreement General Engineering Services December 2004 Page14 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 ofdesign which have adirect 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 me date conditions set forth herein. Authority of Resolution No.i2f-0^-IUn duly passed and adopted by the City of South Miami City Commission 7)fllT./fe;300tf ATTEST: ia Menendez,City ATTEST- STATEOF m ss:Acknowledgement of City of South Miami COUNTY OF DADE ) CITY OF SOUTH MIAMI Maria V.«©avis,City Manager CONSULTANT: The foregoing instrument was acknowledged before me this.is /(y dav ofVdavor/f)H _,2004 byMARIAV.DAVIS and MARIA MENENDEZ,City Manager and City Clerk,respectively ofthe CITY OF SOUTH MIAMI,on behalf of the OTY,who are personally known to me. Professional Services Agreement General Engineering Services December 2004 Page15 of 16 1 (_Notary Public,State/of Florida Print name: Commissioi STATE OFFLORIDA) COUNTY OF DADE ) ss:Acknowledgement of Consultant The foregoing mstrument was acknowledged before me this <£<&,day of vOa^•2004 by ^L*M fi*~iJ Yty£**&*U of ^-/fyj.**^**£u^j&?'C^£jm behalf of the CONSULTANT.He is personally known to me or has produced ,^j^ul^/jjLy -£rtj^»nLsa&identification. APPROVED AS TO FORM &CONTENT IJityAttDmey^^ Professional ServicesAgreement General Engineering Services December 2004 Page16 of 16 *~U,^^yy^^<-g^y{j£2-lj2A££^?f NotaryPublic,State of Florida PrMnamesv^ Con"»:MOyiB.2005 •tfton #DD007730 '•"liPSji^s^-^i