Loading...
Res No 184-14-14278RESOLUTION NO.:184-14-14278 AResolutionauthorizingtheCityManagertonegotiateandenterintoacontractwithCivil Works,Inc.fora totalexpenditurenottoexceed $77,705,andtoexpend $2,295 overtheproposalamountforunknown factors for Twin Lakes Drainage Design. WHEREAS,theMayorandCity Commission wishtoprovidedrainage improvements totheareaknownasTwin Lakes,and WHEREAS,pursuant to Florida Statute287.055forCCNA,CivilWorks,Inc.wasone of thefirms selected to provideprofessional engineering services;and WHEREAS,theCitynegotiatedhourlyrateswiththefirmandenteredintoaprofessionalserviceagreementwith TheCivilWorks,Inc.toperformengineeringservicesfortheCity;and WHEREAS,afternegotiatingwithCivilWorks,Inc.onacosttoperformthedesignservicesfordrainage improvements,they submitted aproposal of $77,705,and WHEREAS,theCitydesirestoprovidea contingency of $2,295 overtheproposalamountforunknownfactors thatmayarise during the work;and WHEREAS,thetotal expenditure isnotto exceed $80,000;and WHEREAS,the Mayor andCity Commission desireto authorize theCity Manager to negotiate and enter intoa contract withCivilWorks,Inc.forthe Twin Lakes Drainage Designforatotal amount notto exceed $80,000. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized to negotiate andexecutea contract withCivilWorks,Inc.fortheTwin Lakes Drainage Designforan amount notto exceed $77,705.Acopy of contract is attached.TheCity Manager is authorized toexpendanadditional $2,295 overtheproposalamountfor unknown factors. Section 2:The expenditure shallbechargedtotheStormwaterTrustFundaccount number 111-1730-541-6490 whichhasa balance of $286,998.65 before this request wasmade. Section 3:If anysectionclause,sentence,orphrase of thisresolutionisforanyreasonheldinvalidor unconstitutionalbyacourt of competentjurisdiction,theholdingshallnotaffectthevalidity of theremainingportions of this resolution. Section 4.This resolution shall take effect immediately upon adoption. PASSEDANDADOPTEDthis 16th dayof September ,2014. D AS TO FOF ITY AND EXECUTION APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 5-0 Yea Yea Yea Yea Yea South"Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager September 16,2014 3 Agenda Item No.:m$r Subject:A Resolution authorizing the City Manager to enter into a contract with Civil Works, Inc.fora total expenditure notto exceed $77,705,and to expend $2,295 over the proposal amount for unknown factors for TwinLakes Drainage Design. Background:Atraffic study was performed to assess the magnitude of cut-through trafficin the neighborhood bounded by the areas described below,and as depicted inExhibitA: •SW 62nd Terrace and SW 63rd Terrace,from SW 64th Court to SW 63rd Court •SW 64th Court and SW 63rd Court,from SW 62nd Terrace to SW 64th Street •SW 63rd Avenue and SW 62nd Place,from SW 62nd Terrace to SW 64th Street •SW 62nd Court,from SW 62nd Terrace to SW 63rd Terrace In accordance withand pursuant toFlorida Statute 287.055 for CCNA,Civil Works,Inc. was one of the firms selected to provide professional engineering services.TheCity negotiated hourly rates with the firmand entered intoa professional service agreement with Civil Works,Inc.to perform engineering services for the City. Below isa table of the Civil Firms under the CCNA list. :?m<$\z:ps?^;j <!%;V>^ EAC Consulting Dorn Avenue Design Completed SRS Engineering Police Fueling Station Improvements Design phase Civil Works Twin Lakes Traffic Calming Design proposal submitted Milian Swain & Associates Pending RJBehar& Company Pending Civil Works,Inc.submitted aproposalin the amount of $77,705 to perform the Twin Lakes Drainage Design. A contingency in the amount of $2,295 willbe included over the proposal amount to address for unknown factors that may arise during the work.The total amount of the contract,including the contingency,willbe $80,000. South^Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Amount:Amount not to exceed $80,000. Account:The expenditure shallbe charged to the Stormwater Drainage TrustFund account number 111-1730-541-6490 whichhasa balance of $286,998.65,before this request was made. Attachments:Resolution Proposal byCivil Works,Inc Agreement for Professional Services Exhibit A,Twin Lakes Drainage area map CCNA Resolution Professional Service Agreement CWI AWBE/DBEfirm August 25,2014,RevisedSept 2,2014 City of South Miami, PublicWorksandEngineeringDept. 4795 SW 75 Avenue Miami,Florida 33155 Attn:Mr.Ricardo Ayala Engineering and Construction Division Re:Twin Lakes Drainage Improvements Project CWI Professional Service Agreement,Task No1. CWI Project No.14100.00 Dear Mr.Ayala: Civil Works,Inc.(CWI)appreciates this opportunity to provide theCityofSouthMiami(the Client)with this revised proposalfor Engineering Services to prepare Drainage Improvement PlansfortheareaofTwin Lakes intheCityofSouthMiami,Florida.This letter describing the services and fees in conjunction with our Professional Services Agreement (PSA)will serve asthe scope ofworkforthis project. Introduction We understand thatthisareahas historically experienced flooding andisinneedof drainage.According theCityofSouthMiami Stormwater Master Plan,produced in2012,theTwin Lakes area is identified asa priority area.TheCityhasreceivedcomplaintsfrom residents inregardstofloodingalongthesestreets.Thepurposeof thisprojectistoidentifythecause of thedrainageissuesanddeterminesolutionstoaddressthem. Areaboundedbythestreetsbelow,asdepictedinExhibitA: ♦SW 62nd Terraceand SW 63rd Terrace,fromSW 64th Courtto SW 63rd Court ♦SW 64th CourtandSW 63rd Court,from SW 62nd Terraceto SW 64th Street ♦SW 63rd AvenueandSW 62ndPlace,fromSW 62ndTerrace toSW 64th Street ♦SW 62nd Court,fromSW 62nd Terrace to SW 63rd Terrace. The photographs ofthefloodingis documented inExhibitB.Therequestedscopeofworkisattachedas Exhibit C. Task 1 -Data Collection and Review Under this Task,CWI willreviewthe existing site conditions andobtaintopographic survey provided by our Subconsultant ManuelVera &Associates,Inc.(MVA)forthe corridor.Thesurveywillbe prepared in AutoCAD formatandusedasabaseplanfortheroadwayimprovements.CWI willprepareexisting roadway plans showing theexisting conditions.Geotechnical SoilBorings(4)willbe required toobtain thesoil information inthearea.Thissoil information willbe included inthe roadway base plan.Upon acceptance ofthetopographicsurveyandthesoilboringsbytheCity,thesurveyand geotechnical feeswill be invoiced aspartofthePhaseItask.Thistask includes 4 meetings withtheCityfortheresearchand discussion of thedrainageinformation,drainageconceptsandschemes. Civil Works,Inc. Miami -Ft.Lauderdale -Orlando 305-448-5955 954-344-6568 407-339-0040 www.civilworks.comcwi@civilworks.com Emailto:GMartinez@southmiami.gov Civil Works,Inc.8491 NW 17 Street,Suite 108,Doral,FL 33126 Ph:305-591-4323 Fax:305-591-4074 Twin Lakes Drainage Improvements Project Sept.2,2014,Page2 Task 2 -50%Construction Documents Under this Task CWI will prepare 50%Construction Documents.The existing utility companies will be contacted and the available utility information will be included in the drainage improvement plans.Based on our information,no traffic signals will be impacted by this project.Itisthe intent for the existing drainage structures toremainwhere possible,andonlyadd exfiltration trenches where needed. CWI willpreparethefollowingplans: Cover Sheet Summary of Quantities PlanKeysheetwithDrainageLocations Drainage Plans(8 sheets)Theplanswillbe prepared on 11 Mxl7,!sheetsatascaleof1M=40f in AutoCAD format.Drainage profiles willnotbe required. DrainageDetails(2sheets) Signing and Pavement Marking Detail Sheet showing the Typical Stop Bar and pavement marking detail for the intersections.(2 sheets with locations identified) The City bid documents (the front end contract and general conditions will be provided by the City inWordorother electronic format). CWI will prepare the specifications using City and Miami Dade County Standards. TheDrainagereportincluding calculations This Task also includes: -1 sitevisittoverifysurvey. -2 meetings with Public Works during the design andforthe 50%review of documents. -1 field visit to discuss existing conditions during the design. -Preliminary Cost Estimate. Task 3 -100%Construction Documents As stated inthe PSA,the 50%plans will be submitted for review and approval,before proceeding to the 100%plans preparation.The documents listed above will be finalized and submitted for review and approval.This task will also include the permit processing through Miami Dade County (RER/DERM) forthedrainageportionofthework. This Task also includes: -2 meetings with Public Works during the design andfor 100%review of documents. -2fieldvisitduringthefinal design. -Updated Probable Construction Cost Estimate. Task 4 -PhaseIV-Bidding andNegotiations This Task will include one Pre-bid meeting and the responses to the bidders RFT's and questions. Task S-Phase V-General Construction Administration This Task will include Construction Administration as described in Exhibit C.The attendance at any coordination meetings would be included as additional services.Ifthe construction work requires a longer timeperiodthananticipated,thenthistaskwillbeextendedunderanadditionalworkorder. Civil Works,Inc.8491 NW 17 Street,Suite 108,Doral,FL 33126 Ph:305-591 -4323 Fax:305-591 -4074 Twin Lakes Drainage Improvements Project Sept.2,2014,Page 3 Task 6 -Phase VI -Post Construction Administration ThisTaskwillincludethereview of theas-built documents,basedoninformationsubmittedbythe Contractor.CWI will prepare the Close-out Documentsas described in Exhibit C.Note that theas-built RecordDrawingswillbe prepared bytheContractorandapprovedby CWI. DELIVERABLES CWI will provide the following sets of document: ♦Twocopies of the topographic survey ♦2sets of 50%constructiondocuments,DrainageReport,Probablecostestimateandoutline specifications. ♦Afterapproval of the50%documents,2sets of 100%plans,specs,biddocumentsandprobable cost estimate. ♦Electronic copies of the final documents COMPENSATION Basedonthetaskscopeslistedabove,thefeesfortheTaskswillbeforthestipulatedsumsindicated below. TASK STIPULATED SUM Task 1-Data Collection and Review $5,200 Task 2-50%Construction Documents $21,900 Task 3 -100%Construction Documents $11,680 Task 4-Phase IV -Bidding andNegotiations $1,810 Total Design Fees $40,590 Survey (by Hadonne a Subconsultant)$16,500 GeotechnicalSoilBorings (by Geosol,aSubconsultant)$3,175 Limiting Amount Services (tobeinvoices hourly) Task 5-Phase V-General Construction Administration $13,090 Task 6-Phase VI -Post Construction Administration $4,350 Civil Works,Inc.8491 NW 17 Street,Suite 108,Doral,FL 33126 Ph:305-591-4323 Fax:305-591-4074 TwinLakesDrainage Improvements Project Sept 2,2014,Page4 The lump sum services include up to $200.00 in direct expenses.If direct expenses exceed $200.00,we will furnish you with a cost break down,and you will reimburse us for the additional expenses.Invoices will be submitted monthly showing the amount of hours and percent completion of the lump sum items. All fees and reimbursable expenses for these services must be paid in full before any final products are released. CLIENT'S RESPONSIBILITIES You will furnish CWI with an executed agreement for this project and copies ofthe following: ♦Any existing surveys ofthe roadway project (in electronic format.) ♦Copies of the AutoCAD files for the existing roadway and signing and marking design. ♦Allreviewandpermitfees. ♦As-builts of existing roadway. SCHEDULE We understand that this project needs tobe expedited.CWI is ready to begin the project as soon asthe additional information is supplied to us.We will comply with any reasonable design schedule that you require. If this scope of services is acceptable,please sign and date a copy ofthis letter and return one complete copytoour office.Wearepreparedtobeginour services assoonasasigned agreement andNoticeto Proceed is received from your office.Please callmeat (305)591-4323 ifyouhaveany questions. Sincerely, Civil Works,Inc. Linda Bell,P.E. President Accepted by Signature Printed Name Date Attachments:City of South Miami PSA Exhibit A Exhibit B Exhibit C c36/project/SoMia-twin-Iakesprp3.\vpd Civil Works,Inc.8491 NW 17 Street,Suite 108,Doral,FL 33126 Ph:305-591-4323 Fax:305-591-4074 Twin Lakes Drainage Improvements Project Sept.2,2014,Page 4 Thelumpsumservicesincludeupto$200.00indirectexpenses.If directexpensesexceed$200.00,we willfurnishyouwithacostbreakdown,andyouwillreimburseusfortheadditionalexpenses.Invoices willbesubmittedmonthlyshowingtheamountofhoursandpercentcompletion of thelumpsumitems. Allfeesandreimbursableexpensesforthese services mustbepaidinfullbeforeanyfinalproductsare released. CLIENT'S RESPONSIBILITIES Youwillfurnish CWI withanexecuted agreement forthisprojectandcopies ofthe following: ♦Anyexistingsurveys of theroadwayproject(in electronic format.) ♦Copies ofthe AutoCAD filesforthe existing roadway andsigningandmarking design. ♦All review and permit fees. ♦As-builts of existing roadway. SCHEDULE We understand thatthisprojectneedstobe expedited.CWI isreadytobegintheprojectassoonasthe additional information is supplied tous.We will comply withany reasonable design schedule thatyou require. Ifthis scope of services is acceptable,please signanddatea copy ofthisletterand return one complete copytoouroffice.WearepreparedtobeginourservicesassoonasasignedagreementandNoticeto Proceed is received from your office.Please callmeat (305)591-4323 ifyou have any questions. Sincerely, Civil Works,Inc. Linda Bell,P.E. President Accepted by Signature Printed Name Date Attachments:City of South Miami PSA Exhibit A Exhibit B Exhibit C c36/project/SoMia-twin-Iakesprp3.\vpd CMI Works,Inc.8491 NW 17 Street,Suite 108,Doral,FL 33126 Ph:305-591-4323 Fax:305-591-4074 TWIN LAKES DRAINGE IMPROVEMENTS EXHIBIT B TWIN LAKE DRAINAGE IMPROVEMENTS EXHIBIT C Twin Lakes Drainage ImprovementScopeofWork This area has historically experienced flooding and is in need of drainage.According the City of South Miami Stormwater Master Plan,produced in 2012,the Twin Lakes area is identified as a priority area. The City has received complaints from residents in regards to flooding afong these streets.Please refer to the Exhibit B. The purpose ofthisprojectistoidentifythe cause ofthe drainage issues anddetermine solutions to address them. Areaboundedbythestreetsbelow,asdepictedin Exhibit A: •SW 62nd Terrace and SW 63rd Terrace,from SW 64th Court to SW 63rd Court •SW 64th Court and SW 63rd Court,from SW 62nd Terrace to SW 64th Street •SW 63rd Avenue and SW 62nd Place,from SW 62nd Terrace to SW 64th Street •SW 62nd Court,from SW 62nd Terrace toSW 63rd Terrace. Pre Design Services •Surveying Services •GeotechnicalServices(percolation test) DesignPhase: •Prepare detailed construction drawings atan acceptable scale (including,butnot limited to, drainage system layout,stormwater pollution prevention plans and applicable construction details). •Preparetechnicalspecificationsrequiredfortheproject. •Prepare andsubmit all permit applications required forthis project.Itis anticipated that approval willbe required from Miami-Dade RER and M-D PWD}.Areviewbythe City ofSouth MiamiPublicWorks Department willalsoberequired. •Provide construction cost estimate. Bid Phase: •Attend pre-bid meeting •Respond to bidders RFIs and questions. Construction Phase: •Attend preconstruction meeting •Prepare preconstruction meeting minutes. •Attend construction meetings asrequired. •Conductinspectionsandprovidewritten inspection reportswithattachedphotos. •Review/approve shop drawingsand RFIs. •Performproject closeout in accordance with Professional Services Agreement forGeneral Engineering Services. •Issuepunch-list(with attached photos)and final completion. •ObtainandreviewAs-built drawings.Submitcertified Record drawings bythe Engineer ofrecord to the City. Theproposeddesign will bedoneinaccordancewiththe established guidelinesandproceduresutilized bytheCityofSouth Miami Public Works Department,the Miami Dade County Public WorksDepartment (TrafficDivision)and the Miami-Dade RER. Land Surveyors and Mappers LIA Pi/"\M M C 3D Laser ScanningHADONNCUtilityCoordination Subsurface Utility Engineering PROPOSAL/AGREEMENT Tuesday,August 26,2014 SENT VIA;RAyalaQsouthmiamifLgov Submitted to: RicardoA.Ayala,P.E. City of South Miami 4795 SW 75 Avenue Miami,FL 33155 In reference to: Surveying Servicesforthe project known as 'Twin Lakes"located in,City of South Miami,FL.seeattachedExhibit"A". Dear Mr.Ayala: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project.HADONNE (HC)is pleased to submit the following proposal for your consideration: Scope of Services: See attached ScopeofService Deliverables: Five signed and sealed copies ofthe resulting Map ofBoundary and Topographic Survey along with the resulting Cadd files (DWG format)and PDF. Time of Completion: We have estimated thirty calendardaysto complete thisproject Project area,length.Size and location: See attached Exhibit "A" Schedule of Fees: Total feesto complete all phasesof this project shall be lump sum of $16.500.00 Year 2014 hourly Rates (loaded hourly rates): SurveyingServicesRates Two Person Survey Party $110.00 per Hour Three Person Survey Party $130.OO per Hour Office Computer Drafter $55.00 per Hour Office Survey Technician $60.00 per Hour Professional Surveyor in charge (Project Surveyor)$100.00 per Hour Subsurface Utility EngineeringRates EM Locating Crew $170.00 per Hour Two Man GPR and Locating Crew $200.00 per Hour Vacuum Truck Crew (Test Holes /Soft Digs)$320.00 per Test Hole HADONNE 11985 NW 88th Court •Suite 202 -Doral,FL.331721P;+1 (305)266-1188 -F:+1 (305)207-68451 www.hadonne.com ILB7097 VR»¥^^s^3!?^=3iS|f«5r?^w^~ PAGE 2 OF 2 rt ....a TLSP.DOCX Qualifications: County and /or Municipality Fees are not included in this Proposal and are the Clients responsibility.Rule of Law:AH field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida",pursuant to Rule 5J17-05 Florida Administrative Code.Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2014,which are set forth in the "Estimate Fee"section ofthis Proposal.AH survey work to be done in U.S.feet,elevations to be reference to National Geodetic Vertical Datum of 1929 (NGVD1929)should adifferent Datum be required,the consultant must be notified in writing.Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate any and ail conditions that may interfere with HC's abiKty to furnish services,and weather conditions.HC will require a24 hour,prior written notice before field work can be performed.This notice should be sent via facsimile or email to HC.This Proposal does not include any permit fee nor plans processing fees assessed by the applicable government agency. This Proposal does not include construction inspections or certifications for construction completion.Horizontal control points shall be referenced to the Florida State Plane Coordinate System,North American Datum of 1983 adjusted 1990 (NAD83/90).Ail work to be performed in U.S.feet.Client shall be aware that GPR Technology is not 100%accurate.Depending on factors such as and not limited to:soil type,soil moisture,size of underground utility,type of underground utility,depth of underground utilities;some utilities may not be detected by GPR.GPR will detect the presence of the utility but not the type.The client will do its best to Identify the type of utility but it may occur that some detected utility remain unidentified.Area to be located with GPR should be clean without mayor vegetation,debris or any structure that may prevent the use of the equipment.Cleaning,removing of debris orvegetation isnotincluded in this proposal. Payments Terms: Payment is due for HC's completion of each task UPON RECEIPT of HC's Invoices.It is understood that this Proposal is entered Into between HC and the Client.HC's failure to strictly enforce any provision in this Proposal shall NOT be construed as amodification or amendment of the Proposal's terms,specificaHy these payment terms,unless otherwise agreed to in writing by HC.HC's receipt of this Proposal,signed by Client,constitutes Client's acceptance of these terms,and HC's Standard Terms and Conditions (collectively the "Contract"),which is attached and incorporated by reference as if fully set forth here.The Client's signature shall also constitute anotice for HC to proceed with its Scope of Services.In the event HC is required to enforce any terms of the Contract,Client agrees to pay to HC all reasonable attorneys*fees and costs incurred,whether suit is filed or not,including attorneys*fees on appeal.IPast due payments under this Proposal are subject to a 1.5%Interest per month.For special consideration,the Client agrees that HC's liability for this Project,irrespective of the cause,shall be limited to the amount of the Professional Fees Client actually pays to Client. Both HC and the Client may terminate this Proposal after ten (10)days written notice,and upon Client's payment to HC of ail outstanding fees and expenses incurred by HC through thedaleofsuch written notice. By signing below IAPPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By:Date: (Authorized Signature) Title: (Typed orprinted name)"""""""""" Ithank you for this opportunity to present this proposal for your consideration and look forward to your favorable response.In the interim,if there is anything we can do to be ofservice in this or any other matter,please do not hesitate to call me directly at305.266.1188. Abraham\adad,PSM /President HADONNE 11985 NW 88th Court •Suite 202 -Doral,FL.331721P:+1 (305)266-1188 •F:+1 (305)207-68451 www.hadonne.com 1LB7097 SCOPE OF SERVICE Twin Lakes Survey Scope August 21,2014 All survey work will adhere to and in accordance with the STATEOFFLORIDA MINIMUM TECHNICAL STANDARDS,Chapter 427.027 Florida Statutes and Rule 5J-17 Florida Administrative Code.Scope Items numbers listed refer toFDOT,District 6,Survey scope descriptions. Project Limits; •Area bounded by the streets below,as depicted inExhibitA attached here-to: •SW 62nd Terrace and SW 63rd Terrace,from SW 64th Court to SW 63rd Court •SW 64th Court and SW 63rd Court,from SW 62nd Terrace to SW 64th Street •SW 63rd Avenue and SW 62nd Place,from SW 62nd Terrace to SW 64th Street •SW 62nd Court,from SW 62nd Terrace to SW 63rd Terrace. 27.01 &27.02 Horizontal and Vertical Control Primary control points will be set and established.Horizontal Control will be established on the Florida StatePlaneCoordinate System,EastZone,and North American Datum (NAD)of 1983 /1990 Adjustment.Vertical Control will be established on NAVD 88 vertical datum. Notes: -Control will beshownonTopofileonly. -All set control points will beshown with their horizontal and vertical values (X,Y&Z). -The Preparation ofPNC sheets is NOT apartofthisscopeofservices. 27.03 Survey Baseline A survey baseline will be established along the centerline of right of way when accessible.Survey baseline and right of way lines will be graphically established and shown on Topographic Cadd files. 27,06 Topographic Survey Topographic Survey will be performed from right of way to right of way,along thestreets defined above.All above ground features and Improvements will be located including:existing lighting, pavement markings,trees,pedestrian ramps,driveways,visible above ground utilities,sodded and paved areas,pedestrian ramps,drainage structures (including rim/gutter elevations),etc. 27.08 Cross Sections Crosssectionsat 50-ft.intervals will beperformed. 27.12 Drainage Survey Drainage structures will be located.The survey will identify the type of structure,rim elevation,pipe invert elevation,pipematerials,direction,sizeand condition. Note:In cases were structure is full of water and/or sediment,surveyor will visit said structures a maximum of2 visits;ifstructures is still un:accessible,said structure will be noted as such In survey. 27.20 Subdivision LocationsforSurveyBaseline &rightof way Lines Perform field locations ofsectioncorners,1/4-section corners,and fractional cornersas well as block closures,monument lines,etc.,in order to establish survey baseline and the right of way lines. Deliverables •3CDscontainingthe following: o Electronic Cad files in AutoCAD Format,drawings to follow FDOT CAD format (line styles) o Signed and Sealed PDF file oPointtxtfileusingPNEZD format •3Signedand Sealed hard copies (17x11). Civil Works,Inc. EXHIBIT "A" HADONNE TWIN LAKES DRAINGE IMPROVEMENTS EXHIBIT B AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT,entered into this^^clay of S^4>%Lgi^,20 IH.by the CITY OF SOUTH MIAMI through itsCity Manager,both of whom shall hereinafter be referred to as the "CITY"where applicable;and Civil Works,Inc.withanofficeandprincipalplace of business located at7855NW12 Street,Doral,FL 33126 (hereinafter called the l,CONTRACTORn). WITNESSETH: WHEREAS,the CITY isin need of all project management and professional engineering services required for the designandpreparation of a complete set of construction contract plansforadrainage improvements,at the following locations: •SW 62nd Terrace andSW 63rd Terrace,from SW 64th Court toSW 63rd Court •SW 64th Court and SW 63rd Court,from SW 62nd Terrace toSW 64th Street •SW 63rd Avenue and SW 62nd Place,from SW 62nd Terrace toSW 64th Street •SW 62nd Court,from SW 62nd Terrace toSW 63rd Terrace, The elements of workshallincluderoadway analysis,topographicsurvey,signingand pavement markings,anddrainageandgeotechnicalactivitiesasrequired.All existing features,i.e. sidewalks,driveways,etc.,requiring repairorreplacement,shall alsobeaddressed accordingly; and WHEREAS,the CITY desirestoretain the CONTRACTOR toprovide the requiredgood and/orservicesbasedon the CONTRACTOR'S representations that itisqualifiedand capable of providingsaidgoods and/or servicesina professional and timely mannerandin accordance with the CITY's goalsand requirements;and WHEREAS,the CONTRACTOR hasagreedtoprovide the services identified inits August 25,2014proposalfor the projectentitled "Twin LakesDrainageDesign",pursuanttoits Professional Service Agreement with the City ofSouth Miami for Civil Engineering servicesfor RoadwayProjects,datedJune28,2013.Acopyof the Proposal and the Professional Service Agreement is attached. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the parties agree as follows: 1)Therecitalssetforthabovearetrueandcorrect representations of theparties and they are hereby madeapartofthisagreementbyreference. 2)ENGAGEMENT OF CONTRACTOR:Based on the representations of the CONTRACTOR as set forth above andas set out in the following "checked"documents (checkthe box preceding thedocumentto Indicate thatsuchdocumentispartofthis contract): dCONTRACTOR'S response to the City's written solicitation;or ^CONTRACTOR'S proposal or quote Thomas F.Pepe 2014 7/1/14 Page-1-of 4 The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal,quote or response to solicitation,whichever is applicable,as modified by the Contract Documents (hereinafter referred toasthe Work"). 3)Contract Documents:The Contract Documents shall include this Contract and the following "checked doCUments"(check the box preceding the document to indicate that such document is part of this contract) •General Conditions to Contract a Supplementary Conditions X"other documents"referring to this contract and signed by the parties dSolicitation documents ("hereinafter referred toas"Bid Documents" including anyrequestfor bid,proposal or similar request) *$Scope ofServices d Contractor's responseto the City's Bid Documents $Contractor's proposalor quote •City'sInsuranceRequirements aCity's Indemnification Requirements •Payment Bond d Performance Bond 'As well as any attachments or exhibits thatare made apartof any ofthe "checked documents". This Contract and,if a "checked document",the General Conditions to Contract,Supplementary Conditions,the Solicitation,Scope of Services and "other documents",shall take precedent over the proposal.The "checked documents"are attached hereto and made a part hereof by reference. 4)Date of Commencement:The Contractor shall commence the performance under this Contract on a date to be specified in a Notice to Proceed,or Purchase Order ("Work Commencement Date"),and shall complete the performance hereunder within Jto days or the length of time set forth in the Contract Documents,whichever is the shorter period of time.Time is of the essence. 5)Primary Contacts:The person in charge of administering this Agreement on behalf of the CITY is the City Manager or such other person as the City Manager may designate in writing.Theprimary contact personforthe CONTRACTOR shallbe &«&*,^U 6)Scope of Services:The goods and/or services tobe provided areasset forth in the "checked documents". 7)Compensation:The Contractor's compensation forthe performance ofthis contract (hereinafter referred to as the Contract Price)shall be as set forth in Contractor's response to Thomas F,Pepe 2014 7/1/14 Page -2 -of 4 the City's written solicitation,ifany,or,if none,then as set out in Contractor's proposal or quote,whichever is applicable,andas modified by the Contract Documents. 8)Hours of Work:In the event that this contract requires the performance of services, itis presumed that the expenses of performing Work after regular working hours,andon Sunday and legal holidays is included in the Contract Price.However,nothing contained herein shall authorize work on days andduringhours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 9)Time Provisions:The term of this Agreement shall commence on the Work CommencementDateand shall continuefor ITo^v^untilitexpires tyryf <X >^y, unless earlier terminated according to any of the terms of this Agreement.Notwithstanding the foregoing,this Agreement may be extended byan additional 3£>period if the extension isin writing and signed by the City Manager.An extension of the term of this Contract isat the CITY's sole and absolute discretion. 10)Termination:Thiscontractmaybe terminated without causeby the Citywith30 daysofadvanced written notice.This provision supersedesand takes precedenceoverany contrary provisions for termination contained in the Contract Documents. 11)ApplicableLawandVenue:Florida law shall applyto tl^e interpretationand enforcement of thiscontract.Venuefor all proceedings shall bein Miami-Dade County,Florida. 12)Insurance,Indemnification&Bonding:CONTRACTOR shallcomplywiththe insurance,indemnification and bonding requirements set forthin the Contract Documents. Any provision inanycontractdocumentthat provides forindemnificationby the City issubject tothe Cit/s right to sovereign immunity and the protection provided by Florida Statutes, including Section768.28.Furthermore,nothingcontainedinanycontract documents shall waive orlimitsuch immunity or protection. 13)Liquidated Damages:In theeventthatthe Contractor shall fail tocompletethe Workwithin the time limitsetforthinthe Contract Documents,or the extended timelimit agreed upon,in accordance withthe procedure asmore particularly setforthinthe Contract Documents,liquidated damages shall be paid atthe rate of$fro/flr dollars per day until the Work is completed. 14)Jury Trial Waiver:The parties waivetheir right tojury trial. 15)Entire Agreement,Modification,andNon-waiver:TheContractDocuments constitute theentireagreementofthe parties and supersedes any prior agreements,written or oral.The Contract Documents may notbe modified or amended except in writing,signed by both parties hereto.The Contract Documents,in general,and this paragraph,in particular,shall notbemodifiedoramendedbyanyactsor omissions ofthe parties.No failure to exercise and Page-3-of 4 Thomas F.Pepe 2014 7/1/14 no delay in exercising any right,power or privilege shall operate as awaiver.No waiver ofthe Contract Documents,in whole or part,including the provisions of this paragraph,may be impliedbyanyactoromission. 16)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701)while providing goods and/or Services on behalf of the CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontractsforthis Project. IN WITNESS WHEREOF,the parties,have executed this Contract on or prior to the date first above written with full knowledge of its content and significance and intending to be legally boundby the terms hereof. Civil Works,Inc. M.Menenoez;CMC CityClerk Read and Apffroyad asto Fori] LegaU^^I^Sxecution i Thomas F.Pepe 2014 7/1/14 ;uage, Page-4-of 4 (Print nameandtitle above) CITY OF SOWfH MIAMI Steven Alexander City Manager RESOLUTION NO.:151-13-13969 A Resolution authorizing the CityManagerto execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA",with EAC Consulting,Inc,Marlin Engineering,Inc.,The CorradinoGroup,Inc.,SRS Engineering,lnc„R.J.Beharand Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez &Associates Consulting Engineers,Inc.,for the following professional services:Architecture,Civil/Environmental Engineering,Structural,and Traffic &Transportation Engineering. WHEREAS,the Mayor and CityCommission desire to enter into service agreements forprofessional services for the following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Traffic and Transportation Engineering;and WHEREAS,pursuant to Florida Statute 287.055 forCCNA,the City solicited qualification from interested firms and the City's review committee conducted a thorough review ofthe qualifications of the firms that responded to the solicitation,and upon evaluation the firms were ranked ;and WHEREAS,the City met with the firms and reviewed the proposed hourlybilling rates and the following firms have agreed upon the hourly billing rates disclosed inthe Professional Service Agreement request for qualifications;EACConsulting,Inc.Marlin Engineering,Inc.,TheCorradinoGroup,Inc.,SRS Engineering,lnc„ R.J.Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,CivilWorks,Inc.,C.H. Perez &Associates Consulting Engineers,Inc.;and WHEREAS,the MayorandCity Commission desires to authorize theCity Manager to execute the professional service agreements. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCityManagerisherebyauthorizedto execute theformoftheprofessionalservice agreement thatis attached,forthenegotiatedhourlyratesin accordance with theprocedure set forthin Florida Statute 287.055 (Consultant's Competitive Negotiation Act)with EAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,lnc„R.J.Beharand Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez&Associates Consulting Engineers,Inc Section 2:Ifanysectionclause,sentence,orphraseofthis resolution isforanyreasonheld invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity ofthe remaining portions of this resolution. Section 3.This resolution shalltakeeffect immediately upon adoption. PASSED AND ADOPTED this6 th dayof August 2013. ?T:__APPROVED: COMMISSION VOTE: Mayor Stoddard: ViceMayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea City of South Miami PUBLIC WORKS &ENGINEERINGDEPARTMENT 4795SW75thAvenue Miami,FL 33155 Tel.(305)663-6350Fax(305)668-7208 TO:Steven Alexander.CityManager FROM:JorgeLVera.CapitalImprovementProjectManager DATE:August 6,2013 South Miami Afl-AmerfcaCffy H' Resolution:A Resolution authorizing the City Manager toexecutea Professional Service Agreement providedunder Florida Statute287.055Consultant's Competitive Negotiation Act "CCNA", with EAC Consulting,Inc.Marlin Engineering.Inc..The Corradino Group.Inc..SRS Engineering,Inc..R.J.Beharand Company,Inc.T.Y.Lin International,Stanley Consultants.Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H:Perez&Associates Consulting Engineers,Inc.,forthe following professional services:Architecture,Civil/Environmental Engineering,StructuralandTraffic&TransportationEngineering. Background:OnJune 4,2013,...the City Commission approveda resolution (#120-13-13938) authorizingthe City Managertonegotiatehourly billing rates andto execute a Professional Sen/ice Agreement with thefirmsthatwereselected from ourrequestfor qualificationsRFQ#PW-S2013-04 forArchitecture,Landscape Architecture, Civil/Environmental Engineering,Structuraland Traffic &Transportation Engineering. Ofthe24firmsselected,City staffhasmet with and reviewed theproposed hourly billing rates for the above referenced firms.Afternegotiatingan acceptable hourly billing rate withthefirms,thefirms entered intoa Professional Sen/ice Agreementinordertoprovide professional engineering services totheCity at the agreed hourly billing rateforfuture projects. Inanefforttoprovide transparency andaccountability,thehourly billing rateperjob classificationis based on FDOTs Consultant Wage AverageReportfortheperiodofMay 2012toMay2013isattached.Thereportis based onanFDOTyearlydatacollection and analysis oftheprevailinghourly wage ratebyjobclassification within different geographical areas in the State.Our geographical area iswithinDistrict6which encompasses Miami-Dade and Monroe Counties.The rates in the report are negotiated unloaded rates whichprovide personnel hourly billing rate per classification excluding company overhead and benefit To the hourly negotiated unloaded rate,each firm adds a multiplierfor the company's overhead and benefits.The multiplierinDistrict6 ranges from 2.5 to3.1,depending onthe size ofthefirm. Please find below thefirmsthat have submitted a signed Professional Service Agreement,which includes their negotiated hourly billing rateplus the multiplier.Upon furtherfuture negotiations,additionalfirms will be presented totheCityCommissionfor their approval. •EAC Consulting,Inc. •Marlin Engineering,Inc. •The Corradino Group,Inc. •SRS Engineering,Inc. •R.J.Behar and Company,Inc. •T.Y.Lin International •Stanley Consultants,Inc. •Sol-Arch,Inc. •Civil Works,Inc. •C.H.Perez &Associates Consulting Engineers,Inc. Upon approvalofthe Professional ServicesAgreementsbythe City Commission,City staff will request quotes forCityprojectsfromindividualfirmsona rotating basis andin accordance withFlorida Statutes 287.55 CCNA.The quotes will be negotiated based on the scope of a project,durationandthe contractual hourly billing rate.UpontheCitystaff negotiating a final cost toperformthe required project,a resolution will be presented tothe City Commission for their approval. Please note that the execution of these Professional General Service agreements does not committheCitytoanymaximumamountoffeesnor guarantee anywork.* Attachments:Proposed Resolution Biank Professional Service Agreement Signed Professional Service Agreements -CD Listed consultant hourlybilling rates FDOT Consultant wage average report Resolution 120-13-13938 Sunbiz PROFESSIONAL SERVICE AGREEMENT General Cjs*e.l.Services THIS AGREEMENT made and entered into this fe day of W*A .2oj3 by and between the CITY OF SOUTH MIAMI,apoliticalsubdivisionoftheStateof Florida and CIVIL WORKS,INC authorizedtodobusinessin the Stateof Florida,hereinafterreferredtoas the "CONSULTANT". In consideration ofthepremisesandthe mutual covenants containedinthis AGREEMENT,the CITY OF SOUTH MIAMI,through its City Manager,agrees to employ the CONSULTANT fora periodendingonmfpHrItlOty.and the CONSULTANT agrees to be available,continuing basis,to perform professional services in connection with projects)wherethe basic estimated construction costsof each individual project doesnot exceed $2,000,000.00 or where the individual study does not exceed $200,000.00,herein after called the "SERVICES". 1.0 General Provisions 1.1The CONSULTANT maybeawarded work and issued a Notice to Proceed to provide professional services fora project,fora portion ofa project,orfor discrete tasksona project. Additional Professional Services,forthepurposeof reviewing work performedbyother professional consultantsorfor other miscellaneous engineering services thatmaybe required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the City Manager,or hisdesignee,hereinafter referredtoas "CITY".The City ofSouth Miami reserves,atalltimes,the right to performanyandall engineering work in-house orwith other engineers.This AGREEMENT does notconfer <?n the CONSULTANT any exclusive rightsto performworkonbehalfof the CityofSouth Miami,nordoesitobligatetheCityofSouth Miami inany manner to guarantee workfor the CONSULTANT.The CONSULTANT maysubmit proposals forany professional services forwhich proposals maybepubliclysolicitedbytheCity of South Miami outside of this AGREEMENT. 1.3The CITY will conferwith the CONSULTANT beforeanyNoticetoProceedisissuedto discuss the scope of the work;the time needed tocompletethe WORK and the feefortheservices to be rendered in connection with the WORK. 1.4The CONSULTANT will submit aproposaluponthe CITY'S request priortotheissuanceofa NoticetoProceed.No payment will be made forthe CONSULTANT'S timeandservicesin connection with the preparation ofany proposal. Page 1of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 1.5The CITY agrees that it will furnish tothe CONSULTANT plansand othfer data available in the CITY filespertainingtothe WORK tobeperformedunderthis AGREEMENT promptlyaftereach Notice to Proceed. 1.6The CONSULTANT agrees to produce and distribute minutes,promptlyaftereachmeeting atwhich the CONSULTANT'S presence isrequired. 1.7The CITY may designate arepresentativewho,onbehalfoftheCityManagershallexamine the documents submitted bythe CONSULTANT andshallrenderdecisionspromptly,to avoid unreasonable delayin the progress ofthe CONSULTANT'S services.The CONSULTANT shall keep the CITY'S representativeadvisedontheprojectstatusat all times. 1.8The CITY agrees toissuealldirectivesandapprovalin writing. 2.0 Professional Services 2.1 General Services The professional services tobe provided bythe consultant may beoneormoreofthe following,andincludebut not limitedto: A.Roadway Engineering to include streets,sidewalk,curb,gutter,drainage, associated traffic control devices,stripping,lighting,irrigation,speed reduction devices and residential landscaping. B.Drainage Design includes the necessary analysis needed to implement proposed drainage improvements,preparation of paving and drainage plan for municipal _..---.__^^_ C.Civil Engineering,to include Distribution Systems Improvement /Analysis and design and Sanitary Sewer System Evaluation and design. D.Environmental Engineering,including,site investigation and design needed to prepare remediation plans to mitigate underground storagetanks,hazardous waste materials and asbestos materials. E.Traffic Engineering Services will include daily volume counts,data analysis, preparation of conceptual improvements plan,present reports and recommendations to stakeholders and preparation of final traffic engineering report. Page2of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) F.Architectural Services to provide drawings and specifications for new constructions as well as additions and renovations;attend meetings with City staff and presentations to City Commission;provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format. G.Landscape Architecture including providing drawings and specifications for landscape projects;site master planning,analysis and design,urban design plans/concept diagrams,open space planning,analysis and design;community planning,analysis and design;natural resource planning analysis and design;Parks design;renderings/modeling;provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format H.Registered SurveyingandMapping Other incidental services associated to the above items. Page3of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 2.2Design&Construction -BasicServices The Basic Services,fordesignand construction,consistofsix (6)phasesdescribedin Paragraph 2.2.1 through 2.2.6.Thescopeoutlinedbelowis applicable initsentiretyto projects for which completed BasicServicesare authorized. Uponauthorizationtoproceedfromthe CITY,the CONSULTANT agreestoprovidecomplete professional services foranyportionor all ofthe six Phases outlinedbelow applicable toits profession.The CONSULTANT agreesto co-ordinate itseffort with thatofanyother providers of professional services toassurea coordinated and complete WORK.In a multi-professionally consultedprojectthelead CONSULTANT,as designated bythe CITY,shall preparethe final bid package including biddocumentsand specifications,which shall beprepared by,andbethe responsibility of the respective disciplines. 2.2.1 Phase I-Preliminary and Schematic Design: A.The CONSULTANT shallconferwithrepresentativesof the CITY andtheenduserto determinethe full scopeofthe Project that will meetthe program requirements, and shall advisethe CITY if,inthe CONSULTANT'S opinion,the allocated funds are adequateto accomplish the program requirements,as defined byan individual purchase order forthe specific worktobeperformed. B.The CONSULTANT shall useproperandadequatedesign control toassurethe CITY that the program requirements will be met CThe CONSULTANT shall prepare a Design Concept and Schematic Report, comprising ofthe Project Timetable (Master Schedule),Planning Summary (unless advised otherwise),Schematic Design Studies (unless advised otherwise)as defined _.__Jbejow,.andJtheS^ D.The Proposed Project Timetable shall consist ofa schedule showing the proposed completion dateoneach Phase ofthe Project through design,bidding, construction,andproposeddateof completion. E.The Planning Summary (unless advised otherwise)shall consist ofa vicinity plan and blow-up ofthe Site (if applicable)showing Project orientation,and a brief summary of all pertinent planning criteria used forthe 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 ofthe parts andthe design concept ofthe whole.Asimple perspective sketch,rendering, model or photograph thereof may be provided to further show the design concept. Page 4of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) G.The CONSULTANT shall present the Schematic design studies to the appropriate commission,committee,agency or board (hereinafter collectively referred to as "Boards")for their approval when the project requires such approval.The Consultant shall make copies necessary for presentation tothe Board atno additional cost to City. 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 Statementof Probable Construction Cost shall include estimated costofthe Project including fixed equipment professional fees,contingencies Of 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 TotalProjectCostsandConstructionCostaretobe made on the basisofthe CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment asan experienced and qualified professional,familiar with the local constructionindustryand 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 it shall not proceed with the next Phase until directed by the CITY in writing. 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 ofthe entire Project asto construction and finish materials andother items incidental theretoas may be appropriate and applicable. B.The Design Development Documents shall comprise the Proposed Project Timetable (updated),Outline Specifications,UpdatedStatementofProbable Construction Cost and Design Development Drawings,etc.,as required to clearly delineate the Project If the Updated Statement ofProbableConstructionCostexceeds the allocatedfunds, feasible cost or scope reductionoptionsshallbeincluded. C.The CONSULTANT shallsubmitandpresenttwo (2)setsofalldocuments required underthisPhase,withoutadditionalcharge,for approval bythe CITY andnotproceed withthenextPhaseuntildirectedbythe CITY in writing. D.The CONSULTANT shall at all times monitor the Probable Construction Costs to make certaintheyremain within thetotalallocatedbudget.ANoticetoProceedto Phase III Page5of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3Phase IB-Final Design/ConstructionDocumentsDevelopment: A.Fromthe approved DesignDevelopmentDocuments,the CONSULTANT shallprepare Final ConstructionDocumentssettingforthindetailtherequirementsforthe construction of the Projectincluding the Proposal (Bid)Formand other necessary informationforbidders,Conditionsofthe Contract andComplete Drawings and Specifications.The CONSULTANT shall useConstruction Specifications Institute (CSI) Standardsand the City ofSouth Miami Standardformsforthepreparationofthe proposal(bid)forms,Instructionsto Bidders,conditionsofContractand Specifications. The CONSULTANT shall review all existing City Specifications,forcompletenesspriorto useandshallsupplyallneededadditional specifications.The final draftofthe construction documents shall meetthe requirements ofandbe approved bythe City Attorney. B.The Construction Documents shall be prepared ina manner that will assure clarity of line work,notes,and dimensions when the documents are reduced to 50%of their size. All drawings shall beon24"x 36"paper ("D"size),onthe CITY'S standardsheetformat unlessapprovedotherwise. C.All construction documents shall be submitted in both "hard copy"and electronic media ina mutually agreed upon electronic format,but generally as follows:. 1.Non-drawing submittals inMicrosoftOfficeWord format 2.DrawingsinAutoCAD format 3.GIS files should be inArcView format Version 3.2. _.„v „...^ in Phase m,the CONSULTANT shall submit two (2)copies tothe CITY for approval, without additional charge,along with updated outline specifications.The CONSULTANT shallalsosubmitatthistimeanupdatedStatementof Probable Construction costas indicated by time factor,changes in requirements,or general marketconditionsandanupdated Project Schedule. E-The CONSULTANT shall not proceed with the further development until approval ofthe documents is received from the CITY in writing.The CONSULTANT shall make all changes to documents required by the CITY before proceeding further.A.set ofthe revised documents shall be returned to the CITY after incorporating all ofthe changes,if any. F.A Notice to Proceed forthe completion ofPhase EI will notbe issued ifthelatest StatementofProbable Construction Cost exceeds thetotal allocated funds,unless the Page 6of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget G.Upon 100%completion ofthe Construction Documents,the CONSULTANT shall submit to the CITY a final,updated Statement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings,specifications,reports,programs,etc, without additional charge,for a final review and comments orapprovals. H.The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board,Historical Preservation Board etc)for the final approval. L The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H)if the changes or additions donot alter the scope ofthe project as determined under paragraph 2.2.1 A.The 100%complete final Construction Documents shall be returned tothe CITY for final approval.Upon final approval bythe CITY,the CONSULTANT shall furnish tothe CITY drawings and specifications,without additional charge tothe OTY forbiddingpurposes,unless instructed otherwise. J.The CONSULTANT shall arrange for "dry runs"and/ormake final submissions to appropriate authorities (regulatory agencies to include and not limited to City,County, Stateor Federal)as necessary,to ascertain thatthe Construction Documentsmeetthe necessary requirements to obtain all the necessary permits for construction.The CONSULTANT shall respondto all technical questions from regulatory agencies.The CONSULTANT shall modify,atno additional costto CITY,inorderto acquire the necessary permits.. Page7of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 2.2.4Phase IV -Bidding andNegotiation Phase: A.Uponobtainingallnecessary approvals oftheConstruction Documents,and approval by the CITY of the latest Statement of Probable ConstructionCost,the CONSULTANT shallfurnishthedrawingsandspecificationsasindicatedabovefor bidding,andassistthe CITY in obtaining bidsas well as awarding and preparing constructioncontracts.The CONSULTANT shall attendallpre-bid conferences.The CONSULTANT shallbepresentduringthebidopeningandaspartofitsassistance tothe CITY will tally,evaluate and issue a recpmmendation tothe CITY after verifying bond,insurancedocuments,questionnaireandreferencesubmittedbythe constructor. B..The CONSULTANT shallissue Addenda tothe Construction Documents throughthe CITY as appropriate to clarify,correctorchange Bid Documents. C.If Pre-Qualification of bidders is required asset forth in the Request for Qualification,the CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders,and recommend acceptance or rejectionof the prospectivebidders. D.If the lowestresponsibleBase Bid received exceedstheTotal Allocated Fundsthe CITY may: 1.ApprovetheincreaseinProjectCostandawardaconstructioncontractor, 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 scopeor quality,or both,as approvedbythe CITY andrebidthe Project,or 5.Exercise alloptionsunderthe City Charter andState Law. NOTE:Under item (2)and (3)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 whenthe lowest responsible bidisover15%ofthe CONSULTANT estimate.All construction contracts must be approved by the City Commission after the City awards thecontractfor commission approval. 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 with a Contractor.Rejection of bids bythe CITY doesnot constitute cancellation ofthe project. Page8of39 Professional Sen/ice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 2*2-5 PhaseV-General Administration ofthe Construction Contract A.The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid bythe CITY. B.The CONSULTANT,asthe representative ofthe CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority toact on behalf of the CTTY to theextentprovidedinthe General Conditionsandas modified inthe Supplementary Conditions of the Construction Contract C The CONSULTANT shall attend pre-construction meetings. D.The CONSULTANT shall at all times have access tothe project wherever itis in preparation orprogress. E.The CONSULTANT shall visit thesiteatleast weekly andat all key construction eventstoascertaintheprogressofthe Project andtodetermineingeneralifthe WORK is proceeding inaccordance,withtheContractDocuments.Onthebasisof on-site observations,the CONSULTANT will use reasonable and customary careto guard the CITY against defects anddeficienciesin the WORK.The CONSULTANT mayberequiredto provide continuous daily on-site observations to check the •quality or quantity ofthe WORK asset forth inthis AGREEMENT and defined bythe Scopeof WORK issuedforthe individual projectOnthebasisoftheon-site observations,the CONSULTANT will advise the CITY astotheprogressofandany observeddefectsand deficiencies inthe WORK immediately in writing. F.The CONSULTANT shallfurnishthe CITY with awrittenreportof all observationsof the WORK madebyhimduringeachvisitto the WORK.He shall alsonotethe general status andprogressofthe WORK,and shall submitsameinatimely manner.The CONSULTANT shall ascertainatleastmonthly that theContractoris making timely,accurate,andcompletenotationsonrecord drawings. G.Basedon observations at the siteandonthe Contractors Payment Certificate,the CONSULTANT shall determine the amount due the Contractor on account and he shallrecommendapprovalofthe Certificate insuchamounts.The recommendation of approval ofa Payment Certificateshall constitute a representation bythe CONSULTANT to the CITY that,the CONSULTANT certifies to the CITY that the WORK has progressed to the pointindicated,and the qualityofthe WORK isin accordance with the ContractDocumentssubjectto: 1.An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page 9of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 2.Theresultsofany subsequent testsrequiredbytheContractDocuments. 3.MinordeviationsfromtheContractDocuments correctable priortocompletion and acceptance oftheproject. H.The CONSULTANT shall havean affirmative dutytorecommend rejection of WORK, which does not conform to the Contract Documents.Whenever,inits reasonable opinion,the CONSULTANT considersitnecessaryoradvisabletoinsurecompliance withtheContractDocuments,it will haveauthority (with the City's prior approval)to recommend specialinspectionsortestingofany WORK deemed nottobein accordance with.the Contract Documents whether or not such WORK has been fabricatedand delivered tothe Project,or installed andcompleted. LThe CONSULTANT shallpromptly review andapproveshop drawings,samples, andothersubmissionsoftheContractorforconformancewiththedesign conceptoftheProjectandfor compliance with theContract 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 initiated by others,and initiate proposed change orders as required by its own observationsortherequirementofthe CITY. K.The CONSULTANT shall examine the WORK uponreceiptofthe Contractor's Certificate of Substantial Completion ofthe Project A Punch List ofany defects and discrepancies inthe WORK required tobe corrected bythe Contractor shall bepreparedbythe CONSULTANT in conjunction with representatives ofthe CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final paymenttothe Contractor. maintenancemanualsforequipment,releasesoflienandsuchotherdocuments and certificates as may be required by applicable codes,laws,policy regulations, the specifications and the other Contract Documents anddeliverthemto the CITY. L The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to,1)initial instruction of CITY personnel in the operation and maintenance of any equipment or system,2)initial start-up and testing,adjusting and balancing of equipment and systems,and,3)final clean-up of the project. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans"forpermitfrom Public Works. M. Page 10 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 2.2.6 Phase VI-Post Construction Administration A.The CONSULTANT shall prepare and provide the CITY with a written manual,tobe usedbythe CITY,outlining the implementation plan of all the required maintenance necessarytokeeptheproposed WORK operationalinasafeand effective manner. B-The CONSULTANT shall furnish tothe CITY,reproducible record fas-built)drawings updated based on information furnished by the Contractor such drawings shall becomethepropertyofthe CITY. CThe CONSULTANT shall assist in the inspection ofthe WORK onemonth before the expirationofanyguaranteeperiodorthe sixth month whichever is earlier and reportany defective WORK inthe Project undertermsofthe guarantee/warranties for correction.The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction ofdefective WORK that maybe discovered duringthesaidperiod. D.The CONSULTANT shall furnish the City with a3-ringbinder labeled "Close-out Documents"that will include,asa minimum,acopyof: •Certificatesofcompletion •As-Buiits(1/2size) •Test Results •Dailyconstruction inspectionreports •Progress meeting minutes •Approved shop drawings •Warranty manuals asapplicable •Final release of liens •Final payment to contractor 2.3 Additional Professional Services AdditionalServicesaslisted below arenormallyconsidered to be beyond the scope oftheBasic Servicesfor design and construction,as defined inthis AGREEMENT,but which are additional serviceswhichmaybe authorized within the ScopeofWorkgiven the CONSULTANT. A.Specialanalysisofthe CITY'S needs,andspecialprogrammingrequirementsfora project. B.Financialfeasibility,lifecyclecostingor other specialstudies. C.Planningsurveys,siteevaluations,orcomparativestudiesofprospectivesites. D.Designsen/icesrelative to future facilities,systemsandequipment,which arenot Page 11 of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) intended tobe constructed aspartofaspecific Project E.Servicesto investigate existingconditions(excludingutilities)orfacilitiesortomake measured drawingsthereof,ortoverify the accuracyofdrawingsorother informationfurnishedbythe CITY. F.Professional detailed EstimatesofConstructionCostconsistingofquantitysurveys itemizingallmaterial,equipment andlaborrequiredforaProject. G.Consultationconcerningreplacementofany WORK damaged byfireor other cause duringconstruction,and furnishing professional servicesofthetypesetforthin Basic Servicesasmayberequired relative to replacement ofsuch WORK,providing thecauseisfoundbythe CITY tobeotherthanbyfaultof the CONSULTANT. H.Professional services made necessary bythedefaultofthe Contractor orby major defectsinthe WORK underthe Construction Contract,providing thecauseis found by the CITY to be other thanbyfaultofthe 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 bythe CITY andareduetocausesbeyondthecontrolofthe CONSULTANT. (Major revisions are defined asthose changing theScopeand arrangement of spaces and/or schemeorany portion). J.The services ofoneormore full-time Project Representatives. K.Preparing to serve or serving asan expert witness in connection with any arbitration proceedingor legal proceeding in connection with a Project. M. Professional services required after approval bythe CITY orthe Contractor's Requisition for Final Payment,except as otherwise required under Basic Services. Preparing supporting data,drawings,and specifications as may be required for Change Orders affecting thescopeofa Project provided the Changes aredueto causes foundby the CITY tobebeyond the.control ofthe CONSULTANT. 3.0TimeforCompletion The services tobe rendered bythe CONSULTANT for any WORK shall be commenced upon written Notice to Proceed fromthe CITY subsequenttothe execution ofthis AGREEMENT and shall be completed within thetimebasedon reasonable determination,statedinthesaid Notice to Proceed. Page 12 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM6-18-13) 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. 4.0Basis of Compensation The CONSULTANT agreesto negotiate a"notto exceed"feeora fixed sumfeeforeachofthe WORK assigned to him based onthe 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 tothe CONSULTANT,with the understanding that written confirmation will follow immediately thereafter as possible.For reproduction of plans and specifications,beyond the requirements as identified under this AGREEMENT the OTY will pay the direct costs. The fees for Professional Services for each Project shall be determined byoneofthe following methods ora combination thereof,as mutually agreed upon bythe CITY andthe CONSULTANT. Afixed sum:The fee for a task ora scope of work may bea fixed sum as mutually agreed upon by the CTIY and the CONSULTANT: Hourly rate fee:The CITY agreesto pay,andthe CONSULTANT agreesto accept,forthe services rendered pursuanttothis AGREEMENT,feesin accordance with the following: Cateqory Hourly Rate Principal $160.00 Project Manager $160.00 Senior Engineer $130.00 Engineer Intern $115.00 Construction Manager $115.00 Construction Inspection $95.00 Senior Draftsman/Technical/CADD Operator $80.00 Draftsmen $70.00 DataProcessing/Clerical $50.00 Hourlyrates will includeallwages,benefits,overheadand profit See Exhibit 3forSubconsultant Hourly Rates. Page13of38 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 5.0 Payment and Partial Payments •The CITY will makemonthlypaymentsorpartialpaymentstothe CONSULTANT forallauthorized WORK performedduringthe previous calendarmonth.Fordesignand construction projects where feeforeachphaseisnot specified,suchpayment shall,intheaggregate,not exceed the percentageoftheestimatedtotal Basic Compensation indicated belowforeachphase: •15%upon completion andapprovalofPhase L •35%upon completion andapprovalofPhase II. •55%upon submittal and approval oif 50%complete drawings and outline specifications of Phase in. •75%upon 100%completionandapprovalofPhases IH and IV. •90%uponcompletionoftheProjectandapprovalofall WORK Phase V). •100%upon final completionandapprovalof WORK elementsAandBofPhase VL The CONSULTANT shall submit an original invoice totheCit/s project representative for each payment certifying the percentage ofthe WORK completed bythe CONSULTANT. The amount ofthe invoices submitted shall bethe amount due for all WORK performed to date,as certifiedby the CONSULTANT. The request for payment shall include the following information: Project Name and CONSULTANT'S Name. Total Contract amount (CONSULTANT'S lump sum negotiated),ifapplicable. Percentofworkcompleted. Amount earned. Amount previously billed. Due this invoice. -Balance ^mai^^^------_--„._„.__ Summaryofworkdonethis billing period. Invoice number and date. CONSULTANT'S W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 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 ofthe 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 Page 14 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) arbitrary or unreasonable.In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him,he shall present his written objections to the City Manager and shall abide bythe decision of the City Manager.Nothing in this section shall mean to deny the right to arbitrate,by either party,in accordance with the appropriate Arbitration Rules of the American ArbitrationAssociation. Page15of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 7.0 Ownership of Documents All reportsandreproducibleplans,andotherdatadevelopedbythe CONSULTANT forthepurpose ofthis AGREEMENT shall become the propertyofthe CITY withoutrestrictionor limitation in connection with the owner's useandoccupancyofthe project Reuseof these documents without written AGREEMENT from the CONSULTANT shallbethe CITY'S soleriskand without liability and legal exposure to the CONSULTANT. Wheneachindividualsectionof the WORK underthis AGREEMENT is complete alloftheabove applicable data shallbe delivered to the CITY. 8.0Court Appearances,Conferences andHearings Nothing inthiscontract shall obligatethe CONSULTANT topreparefororappearin litigation on behalf ofthe CITY without additional compensation except foranydispute arising outofthis contractunless the CONSULTANT oritsemployeeissubpoenaedtotestifyasafact witness.The amountofsuchcompensationforexpert preparation andtestimonyorconsultation shall be mutually agreed uponandbe subject toa supplemental AGREEMENT approved bythe City Commissioners anduponreceiptof written authorization from the CITY priorto performance ofa court appearance and conference. The CONSULTANT shall confer with the OTY at any time during construction ofthe improvement contemplated asto interpretation of plans,correction of errors and omissions and preparation of any necessary planthereofto correct such errors and omissions or clarify without added compensation. 9.0 Notices Any notices,reportsor otherwritten;communications from:the-CONSULTANT tothe CFP^slialL be.-•. considered delivered when received bythe CITY.Any notices,reports orother communications from the CITY tothe CONSULTANT shall be considered delivered when received by the CONSULTANT orits authorized representative. 10.0AuditRights The CITY reservestherighttoaudittherecordsofthe CONSULTANT relatedtothis AGREEMENT at any time during the execution ofthe WORK and for a period of one year after final payment is made.This provision is applicable only to projects thatareonatimeandcost basis. 11.0 Subletting The CONSULTANT shall not sublet,assign,or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. Page 16 of39 Professional Sen/ice AGREEMENT Tpepe©12-31-12(Revised SK 4-3-13,GM 6-18-13) / 12.0 Warranty The CONSULTANT warrants that it 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 abona fide employee working solely for the CONSULTANT any fee,commission,percentage fee,gifts or any other cons.derat.ons contingent upon or resulting from the award or making of this contract For breach or violation of this warranty,the CITY shall have the right to annul this contract without liability. 13.0 Termination of AGREEMFNT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penaltyby declining to issue Notice to Proceed authorizing WORK,in which event the CITY'S sole obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT,such payment to be determined on the basis of the WORK performed bythe CONSULTANT uptothe time of termination. Upon termination,the OTY shall be entitled to arefund of any monies paid for any period of time subsequent to date oftermination for which no work was performed. 14.0Duration of AGREEMENT(rev 6/27/131 This AGREEMENT is for a time period of three (3)years,commencing upon approval and execution of AGREEMENT.This AGREEMENT shall remain in force until the actual completion of performance ofa given project awarded to the CONSULTANT,or unless otherwise terminated bythe CITY. 15.0 Renewal Option frev 6/27/13) This AGREEMENT may be renewed,at the sole discretion of the CITY,for an additional period not to exceed atotal contract period,including renewals,of one (1)year. 16.0 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 OTY within ten (10)days after notice that said sums are due.In the event of any litigation between the parties arising out ofor relating in any way to this AGREEMENT or a breach thereof,each party shall bear its own costs and legal fees. Page17 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 17.0 Insurance and Indemnification The CONSULTANT shall maintain during the termofthis AGREEMENT the insurance as set forthin "Attachment A,Insurance and Indemnification''to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing inthis AGREEMENT shall preventthe CITY from employing other CONSULTANTS to perform the same orsimilarservices. 19.0 Codes,Ordinances and Laws The CONSULTANT agreestoabideandbe governed by all duly promulgated and published municipal, County,stateandfederalcodes,ordinances,rules,regulationsandlawsineffectatthetimeof design which havea direct bearing onthe WORK involved onthis project.The CONSULTANT is required to complete and sign all affidavits,including Public Entity Crimes Affidavit form (attached) pursuantto FS 287.133(3)(a),as required bythe Request for Qualifications applicable tothis AGREEMENT. 20.0 Taxes CONSULTANT shall be responsible for all payments of federal,state,and/or local taxes related to the Operations,inclusive ofsalestaxifapplicable. 21.0DrugFreeWorkplace -CONSUL^ which ismadeapartofthis AGREEMENT by reference. 22.0 Independent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership,joint venture,or agency relationship between the parties. 23.0DutiesandResponsibilities CONSULTANT agreesto provide its services during thetermofthis AGREEMENT in accordance with all applicable laws,rules,regulations,and health and safety standards ofthe federal,state,and City,which maybe applicable tothe service being provided. 24.0 Licenses and Certifications Page 18 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT, 25.0 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 thatarenot merged herein and superseded hereby. No alteration,change,or modification ofthe terms of this AGREEMENT shall be valid unless made in writing and signed by both parties hereto,and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 Jury Trial CITY and CONSULTANT knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial by jury in State or Federal Court proceedings in respect to any action,proceeding, lawsuit or counterclaim arising outofthe Contract Documents orthe performance ofthe Work thereunder. 27.0 Validity of ExecutedCopies This AGREEMENT maybeexecutedin several counterparts,eachof which maybe construed asan original. 28.0Rulesof Interpretation Throughoutthis AGREEMENT themalepronounmaybesubstitutedforfemaleandneuterandthe singularwordssubstitutedfor plural and plural words substituted for singular wherever applicable. 29.0Severability Ifanytermor provision ofthis AGREEMENT orthe application thereoftoanypersonor circumstance shall,to any extent,be invalidorunenforceable,the remainder ofthis AGREEMENT,or the applicationofsuch term orprovisiontopersonsorcircumstances other than those towhichit isheld invalid or unenforceable,shall notbe affected therebyandeachtermand provision ofthis AGREEMENT shallbevalid and enforceable to the fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise andnodelayin exercising any right,power or privilege under this AGREEMENT onthepartofeitherpartyshall operate asawaiverofanyright, Page 19 of39 Professional Sen/ice AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) power,orprivilege under this AGREEMENT.Nowaiverofthis AGREEMENT,inwholeorpart, including the provisions ofthisparagraph,maybe implied byanyactor omission and will onlybe validandenforceableifinwritinganddulyexecutedbyeachofthepartiestothis AGREEMENT. Anywaiverofanyterm,conditionor provision ofthis AGREEMENT will notconstituteawaiverof any other term,conditionorprovisionhereof,nor will awaiverofanybreachofanyterm,condition or provision constituteawaiverofanysubsequentorsucceedingbreach. 31.0 No Discrimination No action shall betakenbythe CONSULTANT which would discriminate againstanypersononthe basis of race,creed,color,national origin,religion,sex,familial status,ethnicity,sexual orientation or disability.The CONSULTANT shall comply with the Americans with Disabilities Act 32.0Equal Employment In accordance with Federal,Stateand Local law,the CONSULTANT shall not discriminate against any employee or applicant for employment because of race,color,ethnicity,religion,sex,sexual orientation,national origin or handicap.The CONSULTANT shall comply with all aspects ofthe Americans with Disabilities Act (ADA)during the performance ofthiscontract 33.0 Governing Laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida,with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County,Florida. 34.0 Effective Date -This-AGREEMENT shall.notTbecomeeffective and binding until it has beenexecuted by both paries :; hereto and the effective date shall bethe date of its execution by the last party so executing it 35.0 Third Party Beneficiary It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder,andthatnoneof provisions of this AGREEMENT shall beforthe benefit ofor be enforceable by anyone other than the parties hereto,and that only the parties hereto shall have anyrights hereunder. 36.0 Further Assurances The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify,confirm,and effectuate the intent and purposes of the Page 20of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) AGREEMENT. 37.0 Time of Essence Timeis of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall notbe construed more strongly against either party hereto,regardless of whowasmore responsible forits preparation. 39.0ForceMajeure Neither party hereto shall bein default ofits failure to perform its obligations under this AGREEMENT if caused byactsof God,civil commotion,strikes,labor disputes,or govemmenta/ demands or requirements that could notbe reasonably anticipated andthe effects avoided or mitigated.Each partyshall notify theotherofany such occurrence. 40.0 Notices Whenever notice shall be required.or permitted herein,it shall be delivered by hand delivery,e- mail,facsimile transmission or certified mail,with return receipt requested and shall be deemed delivered onthedateshownonthe delivery confirmation orifby certified mail,thedateonthe return receipt or the date shown as the date same was refused or unclaimed.Noticesshallbe delivered tothe following individuals or entities atthe addresses (including e-mail)or facsimile transmission numbers set forth below: To CITY: With copies by U.S.mailto: To CONSULTANT: City Manager,frf^en A\e*At4£xzm- 6130 Sunset Dr. South Miami,FL 33143 Fax:}>o<S>(0<al>-G>~i>HS~ E-mail:5M-gy*A^p^f^B Sout^nacArvi\fL.?0t/ CityAttorney,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax:(305)341-0584 E-mail:tpepe@southmiamifl.gov Civil Works,Inc. 7855 NW 12 Street,Suite 202 Doral,FL 33126 Fax:305-591-4074 E-mail:lbell@civilworks.com Page 21 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) IN WITNESS WHEREOF,this AGREEMENT isacceptedonthedate first above written subjecttothe terms and conditions set forth herein. WITNESSES CONSULTANT Civil Wprjps,Inc. Signature Name Title: LindaBell,P.E. President OWNER:CITY ORSOCTTH MIAMI Signature: Menendez tlerk 4^^^A Signatu language,Legality and E: Page22of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ^a (verpAfexander ianager Attachment A Insurance and Indemnification Page23of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM6-18-13) Insurance and Indemnification 1.Insurance and Indemnification Without limiting its liability,theproposing firm shallberequiredtoprocureand maintain atits own expense during the lifeof the Contract,insuranceof the types and in the minimum amounts stated belowas will protect theproposing firm,fromclaimswhichmayariseoutof orresultfromthe proposing firm'sexecutionofa contract with the CityofSouth Miami for Performance BasedAudits,whether such execution by the firmorby any sub-consultant,orby anyonedirectlyorindirectlyemployedbyanyofthemorbyanyoneforwhoseactsanyof them may be liable. 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 fromanyandall damages,claims,liability,andlossesand causes ofactions of anykindor nature arising out ofa negligent error,omission,oract of the CONSULTANT,its agents, representatives,employees,Sub-Contractor,orassigns,to the extentofanyincidenttoarising out oforresultingfromtheperformanceofthe CONSULTANT'S professionalservicesunder this AGREEMENT.The CONSULTANT shallpay all claims andlossesofany kind ornature whatsoever,inconnectiontherewith,including the CITY's attorney'sfeesandexpensesinthe defenseofanyactionin law orequitybroughtagainstthe CITY arising from the negligent error,omission,oractofthe CONSULTANT,itsagents,representatives,employees,Sub- Contractor,orassigns,incidentto,arising outofor resulting fromtheperformanceofthe CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agreesand recognizes thatthe CITY shall notbe held liable or responsible for any claims,including the costs and expenses of defending such claims which may result from or arise outof actions or omissions ofthe CONSULTANT,its agents,representatives, T..^p^ any submissions oractsofthe CONSULTANT;the CITY innowayassumesor shares responsibility or liability ofthe CONSULTANTS,Sub-Contractors,theiragentsor assigns. The CONSULTANT shall maintain during the term of this AGREEMENT the following insurance: A.Professional Liability Insurance ona Florida approved form intheamountof $1,000,000 with deductible per claim if any,notto exceed 5%ofthe limit of liability providing for all sums which the CONSULTANT shall become legally obligated topayas damages for claims arising outofthe services or work performed bythe CONSULTANT its agents, representatives,Sub-Contractors or assigns,orbyany person employed or retained by himin connection with this AGREEMENT.This insurance shall be maintained for four years Insurance and Indemnification July 25,2012 after completion ofthe construction andacceptanceofany Project covered bythis AGREEMENT.However,the CONSULTANT Page 24 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) maypurchase Specific Project Professional Liability Insurance,intheamountand under theterms specified above,which isalso acceptable. B.Comprehensive general liability insurance withbroadformendorsement,ona Florida approved form including automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate,including: a.Personal Injury:$1,000,000; b.Medical Insurance $25,000 per person; c Property Damage:$500,000each occurrence; d.Automobile Liability:$1,000,000each accident/occurrence. C Umbrella Commercial General Liability insuranceona Florida approvedform with the samecoverageastheprimaryinsurance policy butintheamountof $1,000,000 per claim. The CITY mustbenamedasadditional "named"insuredfor all exceptWorkers' Compensation,andreflect the indemnificationandholdharmlessprovisioncontained herein.Policy must specify whether itisprimaryor excess/umbrella coverage.The CITY mustreceive10days advance writtennoticeofanypolicymodificationand30days advance written notice ofcancellation,includingcancellationfor non-payment of premiums.AH insurance must remain infull force and effect for the duration of the contract period with the CITY.The CONSULTANT mustprovide not only a"certifiedcopy" of the Binderbutalso the Policy itselfwiththename,addressand phone numberofthe agent and agency procuring the insurance. D.Workman's Compensation Insurance in compliance with Chapter 440,FloridaStatutes,as presently written or hereafter amended. E.Thepoliciesshall contain waiverof subrogation against the CITY where applicable,shall expressly provide that suchpolicyorpoliciesareprimaryoverany other collective insurance that the CITY mayhave.The CITY reservestherightatanytimeto request a copyof the required policiesforreview.All policiesshallcontaina"severabilityof interest"or "cross liability"clause without obligation for premium payment of the CITY. F.All of the above insurance required tobeprovidedby the CONSULTANT istobeplaced with BEST rated A-8 (A-VIII)or better insurance companies,qualified to do business under the lawsof the State ofFloridaon approved Floridaforms. The CONSULTANT shallfurnishcertifiedcopiesofall "Bindors-of certificatesofinsurance to the CITY prior to the commencement of operations,which"Binders"orcertificates shallclearly indicate that the CONSULTANT has obtained insurance in the type,amount, © Page 25 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM6-18-13) andclassificationasrequiredforstrictcompliancewiththisSectionand that no reductionin limits by endorsement duringthepolicyterm,orcancellationofthis insurance shallbeeffective without thirty(30)dayspriorwritten notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability andobligationsunderthisSectionor under any other portionofthis AGREEMENT. CONSULTANT agrees to supply copiesof certificates of insurance to the CITY verifying the above-mentioned insurance coverage.CONSULTANT agrees to list the CITY asan AdditionalInsuredof the CONSULTANT'S Generalliability insurance andshallprovide the CITY quarterly reports concerning anyandallclaims. Page 26 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM6-18-13) Exhibit 2 "Affidavits and Forms'' (Respondents must complete andsubmit with their proposal.) Page27of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement under Section 287.133(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit"shall be completed and provided with the proposal submittal. 2.Neither the CONSULTANT,noranyof his/her/its employees shallbe permitted to represent anyclient before the Commissionorany Committee,department or agency of the CITY,andshall agree not to undertake any other private representation whichmight create a conflictof interest with the CITY.The CONSULTANT maynot represent any Commission member,individually,or,any member of their familyoranybusinessin whichtheCommission member oftheir family hasan interest 3.AH proposals received will be considered public records.The CITY will consider all quotationsusingsuchcriteriaasthe Commission orCityManagermay adopt ateitherof theirsolediscretion.The CONSULTANT selected will berequiredto enter intoaformal AGREEMENT withthe CITY in a formsatisfactoryto the CITY,priorto the executionof which the CITY shall reserve all rights,including therighttochangeits selection. 4.Respondents Attachment #2"Drug Free Workplace"form shall becompletedand providedwith the proposal submittal. 5.Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit/'shall becompletedandprovidedwiththeproposalsubmittal. 6.RespondentsAttachment#4^^"AcknowledgementandGonformancewithOSHA Standards/'shallbecompletedand provided with theproposalsubmittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shallbe completedandprovidedwith the proposalsubmittal. Page 28of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK4-3-13,GM6-18-13) ATTACHMENTS PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section*287.133,Florida StateStatutes-"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submita Bid ona Contract to provide any goods or services toa public entity,may not submit a Bid ona Contract with a public entity for the construction or repair ofa public building or public work,may not submit bids on leases of real property toa public entity,may notbe awarded to perform work asa Contractor,supplier,Subcontractor,or Consultant under a Contract with any public entity,and may not transact business with any public entity in excess ofthe threshold amount Category Two of Section 287.017,Florida Statutes,for thirty six (36)months from thedateof being placed onthe convicted vendor list". The award of any contract hereunder is subject tothe provisions of Chapter 112,Florida State Statutes.The CONSULTANT must disclose thenameofany officer,director,partner,associate or agent who is also an officer or employee ofthe City of South Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORM MUST BE SIGNED AND SWORN TOINTHEPRESENCE OF ANOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.Thissworn statement is submitted toCityofSouth Miami [printname of thepublicentity] by Linda M.Bell"P.E.,President [printindividual's name and title] for Civil Works,Inc \print name of entitysubmittingswornstatement] whose business address is 7855 N.W.12 Street Suite 202 DoraL FL 33126 and(ifapplicable)itsFederalEmployerIdentificationNumber (FEIN)is 65-0673629 (If theentityhasno FEIN,include the SocialSecurityNumberoftheindividualsigningthis sworn statement:**--"-—---^.) 2.I understand that a"public entity crime"asdefinedin Paragraph 287.133(I)(g),Florida Statutes,means a violation ofany state orfederallawbya person with respect toand directly related to the transaction ofbusinesswithanypublic entity orwithanagencyor political subdivision ofany other state oroftheUnitedStates,including,but not limited Page29of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) to,anybidorcontractforgoodsor services tobeprovidedtoanypublicentityoran agencyor political subdivision ofanyotherstateorofthe United Statesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (I)(b), Florida Statutes,means afindingofguilt or a conviction ofa public entity crime,withor without an adjudication ofguilt,inanyfederalor state trial court of record relating to charges brought by indictment orinformationafter July 1,1989,asaresultofajury verdict,non-jury trial,or entry ofapleaofguiltyornolo contender. 4.I understand that an "affiliate"asdefinedinParagraph287.133(I )(a),Florida Statutes, means: (a)A predecessor or successor ofa person convicted ofa public entity crime;or (b)Anentity under the controlofanynaturalpersonwhoisactiveinthe management of the entity andwhohas been convictedofapublicentitycrime.Theterm "affiliate"includes those officers,directors,executives,partners,shareholders,employees, members,and agents whoareactiveinthe management ofan affiliate.Theownership byonepersonofsharesconstitutinga controlling interestinanyperson,orapoolingof equipment or income among persons when not forfairmarketvalue under anarm's length AGREEMENT,shall bea prima facie casethatoneperson controls another person. Apersonwhoknowinglyentersintoa joint venturewithapersonwhohasbeen convictedofapublicentitycrime in Florida duringthepreceding36months shall be considered an affiliate. 5.I understand that a"person"asdefinedinParagraph287.133(I)(e),Florida Statutes, meansanynaturalpersonorentityorganizedunderthe laws ofanystateorofthe United States with the legal powertoenterintoabindingcontractand which bidsor appliestobid oncontracts forthe provision of gopds-or:se^ or which otherwise transactsor applies to transact business with a public entity.The term "person"includes those officers,directors,executives,partners,shareholders,employees, members,andagentswhoareactiveinmanagementofanentity. 6.Based on information and belief,the statement which I have marked below is true in relation tothe entity submitting this sworn statement [Indicate which statement applies.] _X_Neithertheentity submitting this sworn statement,noranyofits officers,directors, executives,partners,shareholders,employees,members,oragentswhoare active inthe managementoftheentity,norany affiliate oftheentityhasbeencharged with and convictedofapublicentitycrime subsequent to July 1,1989. Theentitysubmittingthisswornstatement,oroneormoreofits officers,directors, executives,partners,shareholders,employees,members,oragentswhoareactiveinthe Page 30 of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) management ofthe entity,or an affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent to July 1,1989. —Theentity submitting this sworn statement,oroneormoreofits officers,directors, executives,partners,shareholders,employees,members,oragents who are active in the management ofthe entity,oran affiliate ofthe entity hasbeen charged with and convicted ofa public entity crime subsequentof July 1,1989.However,therehasbeena subsequent proceeding before a Hearing Officer oftheStateof Florida,Division of Administrative Hearings andthe Final Order entered bythe Hearing Officer determined thatit was notinthe public interest to place the entity submitting this sworn statement onthe convicted vendor list.[Attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBUC ENTITY ONLY,AND THAT THIS FORM IS VALID THROUGH DECEMBER 31OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIORTO ENTERING INTOA CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES,FOR CATEGORY TWOOFANY CHANGE IN THE INFORMATION CONTAINED INTHIS FORM. Sworn to and subscribed before me this tf day of,2Xf0^iu\f Zol2> Notary Public-State of ^^2Personally known or Produced identification o [signature]\ (Type of identification) (Printed,typed or stamped commissionednameofnotary ptiblic) My cojpmissjon expipes, Jd^MmJBimAmJk* /40*^i 'Notary.Public %-Stat*of ftWWfrf.C mpa-l My Comm.Expires Sep i&.2614 WSSw Commission #EE 27068 '*fi8!$&%Bonded Through National Notary Assn le iy w m m>w m^Mf*W VAUGHN SOARES Page 31of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) dVtAJ9" ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenevertwoormore Bids whichareequalwithrespecttoprice,qualityandserviceare receivedby the State orbyanypoliticalsubdivisionsfor the procurement of commodities or. contractual services,aBid received froma business that certifies that it has implemented a drug- freeworkplace program shallbegiven preference in the award process.Established procedures forprocessingtieBids will befollowedif none ofthetied vendors havea drug-free workplace program.In order to havea drug-free workplace program,a business shall: 1.Publisha statement notifying employees that the unlawful manufacture,distribution, dispensing,possession,oruseofa controlled substance is prohibited in the workplace andspecifying the actions that will betaken against employees for violations ofsuch Prohibition. 2.Inform employees about the dangers ofdrug abuse in the workplace,the business' policyof maintaining a drug-free workplace,anyavailabledrug counseling, rehabilitation,and employee assistance programs,and the penalties that maybe imposed upon employees fordrug abuse violations. 3.Giveeach employee engaged inprovidingthe commodities or contractual services that are under Bid a copy of the statement specifiedin Subsection (I). 4.Inthe statement specifiedinSubsection (I),notifytheemployees,that,asaconditionof working onthecommoditiesor contractual services thatareunder Bid,theemployee will abidebythetermsofthestatementand will notifytheemployerofany conviction of,or pleaofguiltyornolo contender to,any violation ofChapter893orofanycontrolled .substance law ofthe United Statesoranystate,fora violation occurring inthe workplace _.....„T„nojater .-.,....-.-.._ 5.Imposeasanctionon,orrequirethe satisfactory participationinadrugabuse assistance or rehabilitation program,if such is available inthe employee's community,byany employee who is so convicted. 6.Make agoodfaithefforttocontinueto maintain adrug-freeworkplacethrough implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. PROPOSER'S Signature: Page 32 of; Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) Print Name:Linda M.BelL P.F. Date:06/27/2013 Page33of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this27dayof June ,2013. The undersigned,as CONSULTANT,declares that the only persons interested inthis AGREEMENT are named herein;that no other person has any interest inthis AGREEMENT; Thatthis response is made without connection or arrangement withany other person;and that this response isinevery respect fairandmadein good faith,without collusion or fraud. The CONSULTANT agreesifthis response/submission isaccepted,toexecutean appropriate CITY document for the purpose ofestablishingaformalcontractualrelationshipbetweenthe CONSULTANT and the CITY,for the performance ofall requirements towhich the response/submission pertains. The full-names andresidencesofpersonsand firms interestedintheforegoingbid/proposal,as principals,are asfollows: Linda M.Bell.P.E..Miami.FL/Civil Works,Inc Vauahn Soares,P.E..Miami.FL/Civil Works,Inc Jose Aldir.P.E..Miami.FL/Civil Works,Inc. The CONSULTANT further certifies thatthis response/submission complies with section 4(c)of the Charter ofthe City of South Miami,Florida.That,tothebestofits knowledge and belief,no commissioner,Mayor orother officer or employee ofthe CITY hasan interest directly or indirectly intheprofitsoremoluments erf the Contract,job,workorserviceto which the response/submission pertains. Signature: Printed Name:Linda M.Bell,P.E. Title:President Telephone:305-591-4323 Company Name:Civil Works,Inc. Page 34 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM6-18-13) NOTARY PUBUC: STATE OF Florida COUNTY OF Miami-Dade flor*1TheforegoinginstrumentwasacknowledgedbeforemethisJ__day of u HUf ..2013by Linda M.BelL P.E. SEAL A Mm 4k„ jSSFtifa VAUGHN SOARESfffi^ffiS Notary Public -State oi Florida C &$•.§My Comm.Expires Sep 19,2014j^e5g|?Commission #EE 27068 ''"ffifiW*Bonded Through National Notary Assn .(nameofperson whose signature isbeingnotarized)whois ^Personally knownor Personal identification A ^^A —m •m m v Type of Identification Produced Did take an oajtb or ^QDici Not/take/an gath. (Name ofNotary Public:Print,Stamp or type ascommissioned.) Page35of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We,Civil Works,Inc,(NameofContractor),hereby acknowledge and agree that as* CONSULTANT,asspecifiedhavethesole responsibility forcompliancewithalltherequirements ofthe Federal OccupationalSafetyandHealth Act of1970,andallStateand local safetyand healthregulations,and agree toindemnifyandholdharmless the CityofSouth Miami against anyandall liability,claims,damages,lossesandexpensestheymayincurduetothefailureof (subcontractor's names): Manuel G.Vera &Associates,Inc. GeosoL Inc. tocomplywithsuch act or regulation. CONTRACTOR Name President Title Page36of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) Witness ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Linda M.Bell.P.E.,individually andonbehalfof Civil Works.Inc ("Firm") (Name ofRepresentative][CompanylVendorlEnfdy] havereadtheCityofSouth Miami (CITYys Codeof Ethics,Section8A-1ofthe CITY's Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestof my knowledge, information and belief: 1.NeitherInortheFirmhaveanyconflictof interest (asdefinedinsection 8A-I)with regardto the contract orbusinessthat I,and/or the Firm,am(are)about toperformfor, or to transact with,the CITY,and 2.Neither Inorany employees,officers,directors ofthe Firm,noranyonewhohasa financial interest greater than5%inthe Firm,hasany relative(s),asdefinedinsection 8A-I,whoisan employee ofthe CITY orwho is(are)anappointedorelected official of the CITY,orwhois(are)amemberofanypublicbodycreatedby the City Commission, i.e.,a board or committee of the OTY,and 3.NeitherI nor the Firm,nor anyone whohasafinancial interest greater than 5%in the Firm,norany member of those persons1 immediate family O.e.,spouse,parents,children, brothersandsisters)has transacted or entered intoanycontract(s)withthe CITY orhasa financial interest,direct orindirect,inany business being transacted with the CITY,or withany person or agency acting for the CITY,other than asfollows:(usea separate sheet to supply additional information that will not fitonthisline but make reference to the additional sheet which must be Signed under oath). 4.Noelected and/or appointed official or employee oftheCityof Miami,oranyoftheir immediate family members (Le.,spouse,parents,children,brothers andsisters)hasa financially interest,directlyorindirectly,in the contract between you and/or your Firm and the CITY other than.the followingindividuals whose interest is set forthfollowing their names: (use a separate sheet to supplyadditionalinformation that will notfitohthislinebutmakereferencetothe additional sheet which must besigned under oath).Thenamesofall CITY emptoyees and that ofall elected and/or appointed CITY officialsorboardmembers,whoown, directlyor indirectly,an interest offivepercent (5%)ormoreofthetotalassetsofcapital stock in the firm are as follows: *^(usea separate sheettosupplyadditionalinformationthat will not fitonthisline but make reference to the additional sheet which must besigned under oath). Page37of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM6-18-13) 5.Iand the Firm further agree not touseor attempt touseanyknowledge,property or resourcewhichmay come to us through our position oftrust,or through our performance of our duties under the terms of the contract with the CITY,to secure a specialprivilege,benefit,orexemptionforourselves,or others.We agree that wemay notdiscloseoruseinformation,notavailableto members ofthegeneralpublic,forour personalgainor benefit orfor the personalgain or benefit ofany other person or businessentity,outside of the normalgainor benefit anticipated through the performance of the contract. 6.Iandthe Firm herebyacknowledgethatwehave not contracted or transacted any businesswith the CITY oranypersonoragencyactingfor the CITY,and that wehavenot appearedinrepresentationofanythirdpartybeforeanyboard,commissionoragencyof the CITY within thepasttwoyearsotherthanas follows:(useaseparatesheettosupply additional information that will not fit on this line but make reference to the additional sheet which mustbesignedunderoath).NeitherInorany employees,officers,or directors ofthe Firm,noranyoftheir immediate family (i.e.,asaspouse,son,daughter, parent,brotherorSister)isrelatedbybloodormarriageto: (i)any member of the CityCommission; (ii)any CITY employee;or (iii)any member ofanyboardoragencyofthe CITY other thanas follows: (usea separate sheet to supply additionalinformation that will not fit onthis line but make reference tothe additional sheet which must be signed under oath). 7.No other Firm,norany officers or directors ofthatOther Firm or anyone who hasa financial interest greaterthan 5%in that Other Firm,norany member ofthose persons' :-...-.r:..:-...-TO ._.„_.____„__ (i.e.,spouse,parents,children,brothers and sisters)noranyof my immediate family members (hereinafter referred toas "Related Parties")has responded toa solicitation by the CITY in which Iorthe Firm thatI represent oranyone who hasa financial interest greater than 5%in the Firm,or any member ofthose persons'immediate family (Le. spouse,parents,children,brothersandsisters)havealsoresponded,other thanthe following: "^—*t (useaseparate sheet tosupplyadditional information that will not fiton this line but make reference to the additional sheet which must be signed under oath). 8.Iandthe Firm agree that weareobligatedtosupplementthis Verification Form and inform the CITY ofanychangein circumstances that would changeour answers tothis document Specifically,aftertheopeningofanyresponsestoa solicitation,Iandthe Firm haveanobligationtosupplementthis Verification Form with thenameof all Page 38of39 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM6-18-13) RelatedPartieswhohavealsorespondedtothesame solicitation andtodisclosethe relationshipof those partiestomeandthe Firm. 9.A violation ofthe CITY's Ethics Code,the giving ofany false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm toimmediatetermination ofany AGREEMENT with the CITY,andthe imposition ofthe maximum fine and/orany penalties allowed by law.Additionally,violations may be considered by arid subject to actionbytheMiami-DadeCounty Commission on Ethics. Under penalty of perjury,IdeclarethatI have madea diligent effort to investigate the matters to whichIam attesting hereinabove and that the statements made hereinabove are true and correct tothebestof my>knpv£[gdge,information and belief. Signature:/^sTjt _o_ Print Name &Title:Linda M.BelL P.E. Date:06/27/2013 ATTACHED:Sec.8A-1 -Conflict of interest and code of ethics ordinance. Page 39of39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Exhibit 3 "Subconsultant Hourly Rates" Geosol,Inc., technical Engineering Category Hourly Rate Principal $161.36 Project Manager $161.36 Senior Engineer $161.36 Engineer $121.21 Construction Manager n/a Construction Inspection $81.11 Senior Draftsman/Technical/CADD Operator $75.75 Draftsmen $75.75 Data Processing /Clerical $58.84 Hourly rates will includeallwages,benefits,overheadand profit Manuel G.Vera &Associates,Inc. Surveying and Mapping Category HourlyRate Principal $198.29 _--vSeniQLSuwe)^r-and_Mapper _..$198.29. Surveyor and Mapper $144.70 Survey Intern $123.26 Cadd/Computer Technician $87.09 PartyChief $51.99 SurveyTechnician $46.89 Instrument Man $36.18 Rod Man/Chain Man $30.71 Data Processing /Clerical $44.88 Four Man Crew $1326.24 (per day) Three Man Crew $1056.08 (per day) Two Man Crew $785.92 (per day) Hourly rates will include all wages,benefits,overhead andprofit Page 1of1 Professional Service AGREEMENT Tpepe©12-31-12(Revised SK 4-3-13,GM6-18-13)