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Res. No. 012-06-12153RESOLUTION NO.12-06-12153 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO MELIAN,SWAIN &ASSOCIATES, INC.(MSA)FOR SURVEYING,ENGINEERING DESIGN,PERMITnNG,BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY-WIDE WATER MAIN IMPROVEMENTS IN AN AMOUNT OF $55,783.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1712-536-6435 &106-1712-536-6436;PROVIDING AN EFFECTIVE DATE. WHEREAS,theCityCommission of theCity of SouthMiami,Florida,wishestoprovide muchneededpotabledrinking water forCityresidents;and WHEREAS,theCityCommission of theCity of SouthMiami,Florida,wishestousethe professionalservices of MSAforsurveyingservices,engineering design,bid/permittingand constructionphaseservicesforCity-wideWaterMainImprovements;and WHEREAS,the streets withintheboundaries of theimprovementsaredefinedas:SW 52nd Terrace from SW 65th Road to SW 67th Avenue;SW 53rf Terrace from SW 65*Road to SW 67*Avenue;SW 65*Road from SW 52nd Terrace to SW 53rd Terrace;SW 63rf Avenue from Miller Road to 5200 block of SW 63*Avenue;SW 53rd Street from SW 63rf Avenue to SW 63rf Court and 5200 block of SW 63rf Court;and WHEREAS,theCity-wideWaterMainImprovementsprofessionalserviceswillbe fundedthroughtheSouthFloridaWaterManagementDistrictgrant. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT: Section1:TheCityManagerisauthorizedtoexecuteaWorkOrderwithMSAin connection withthe surveying,engineering design,bid/permitting andconstructionphase services for Chy-wide WaterMainImprovements project,inanamount of $55,783.00. Section2;The City-wide WaterMain Improvements'professional services will be funded throughtheSouthFloridaWaterManagementDistrictgrantaccountnumbers106-1712-536- 6435intheamount of $35,000 and 106-1712-536-6436 inthe amount of $20,783,withaccount balances of $35,000and $190,000,respectively. Section 3;TheattachedproposedProfessionalServiceWorkOrder,ismadepart of the resolution. Section 4;This resolution shall take effect immediately upon execution. SIGNATURE PAGE TO FOLLOW ;:>*••z--i '•r •J A HI>J fiwxwd;•:•':-:-x:i's t f i'..,•••:•:'(.-.('-.1 t:-7-yrVi-f\ i"ii;;V/.i.".i>nf;('-T .!.1 .?:•vv'...;^ni (•..•.! br>;:.rii-M'cM-yt .'.-..'.:•ui ::?:^vr Wi^rlK;x>>iii !•*'•'.''.'••'..'•Li-i:.i;-:u; bf.:-;.,;.i^isffi'^'/••;',•.••.if Ki'iji;:•;is*S\*'-v/*'•"'>">.':;;^0.?V"V:/;f ',-.'«iriv!;'U.?i'.":i:"':.».-"i: -.-i>~••*•.,.•-<-,•":--••,I,I..-.„'; ••.v.•. '.'••:?.a I..... '.'J .if .:.>ij:! ::i;-^:;*•'!7.ifV/7 ?;?:r:0;;i v.!,:.".;::.'^"'i'V:, •-../.-,:'/!: •'f ;•:t .•-•<'; '1 .J ::.:<':!'x':lil 'l ./.'''•:3./.'-.".iit/.i-:'Vfvv/-I;•,:•'•,!;:;v^i:b'^vi.--:.'!':c':..-.^o^v;.k*••<v.l-H" ::All:v; Pg.2 of Res.No.12-06-12153 PASSED AND ADOPTED this APPROVED: f\ mfawdLji, CITY CLERK 1 READ AND APPROVED AS TO FORM: '7 l daV of /-^-h^u^n^.,2006. ATTEST: MAYOR Commission Vote: Mayor Russell: Vice Mayor Palmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Yea Commissioner Sherar:Yea C:\Documentsand Settings\Arickc\My DocumentsWVord Documents\ResoIutionWatcrMainImpMSA.doc 5-0 Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To:Honorable Mayor,Vice Mayor &Date:February 7,2006 City Commission t VsFrom:Maria V.Davis /J 6^f /yjj/^-Agenda Item #__ City Manager fUC*J&AJ Lj>pe:Authorizing the City Manager to "^execute a professional service Work Order with MSA for the City-wide Water Main Improvements RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO MILIAN,SWAIN &ASSOCIATES,INC. (MSA)FOR SURVEYING,ENGINEERING DESIGN,PERMITTING,BIDAND CONSTRUCTION PHASE SERVICES FOR THE CITY-WIDE WATER MAIN IMPROVEMENTS IN AN AMOUNT OF $55,783.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106-1712- 536-6435 &106-1712-536-6436;PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: As one of the City's professional general engineering consultants,MSA will provide surveying services,design,bid/permitting and construction phase professional services for the city-wide water main improvements within the following streets: a SW 52nd Terrace from SW 65th Road to SW 67th Avenue •SW 53rd Terrace from SW 65th Road to SW 67th Avenue a SW 65th Road from SW 52nd Terrace to SW 53rd Terrace •SW 63rd Avenue fromMiller Road to 5200 block of SW 63rd Avenue •SW 53rd Street from SW 63rd Avenue to SW 63rd Court a 5200 block of SW 63rd Court In addition to extending main distribution pipes along each street,service lines will be stubbed-out to each property and fire hydrants will be provided along each street for fire protection.These professional services will be funded through the South Florida Water Management District grant account numbers 106-1712-536-6435 in the amount of $35,000 and 106-1712-536-6436 in the amount of $20,783,with account balances of $35,000 and $190,000,respectively. RECOMMENDATION: Itis recommended that the City Commission approve the resolution. South Miami All-AmericaCily ihiump Page 2 of 2 Comm.Mtg.Agenda February 7,2006 ATTACHMENTS: a Proposed Resolution a MSA's'Work Order for Professional Services •General Engineering Services agreement withMSA •Project Location Map MSA Milton,Swain &Associates,Inc. CM!&Environmental Engineers 2025S.W.32ndAvenue,Miami,Florida33145 teL (305)441-0123 fax (305)441-0688 City of South Miami PUBLIC WORKS DEPARTMENT "Citywide Water Main Improvements" City ofSouth Miami,Miami-Dade County,Florida SCOPE Of SERVES December 19,2005 Revised:January 5,2006 PROJECT DESCRIPTION The project consists ofthe preparation of construction documents for the construction of water distribution system improvements within the limits depicted in attached Exhibit A:"Project Location Map".Mllian,Swain &Associates,Inc.(Consultant)proposes the following Scope of Services: PHASE 01:SURVEY a.The Consultant will retain the services ofa professional land surveyor registered in the State of Florida to perform a specific purpose survey of approximately 3,500 l.f,of public road rights of way within the limits depicted in attached Exhibit A (±200 If). b.The Surveyor will locate all utility castings,existing driveways (identify if asphalt, concrete,etc.),mailboxes,trees (provide trunk diameter),medians,curbs,signsand all other significant above ground features for the entire width and length of the affected roadrightofway. c.The Surveyor will provide rim/grate,invert elevations,pipe diameters and pipe direction atall accessible drainage structuresandsanitary sewer manholes.Providecross- sectionalspotelevations @ 100'intervals andat high andlowpoints within the affected roadway,including sidewalk (front and back),swale (top and bottom),edgeof pavement and centerline/baseline.All existing elevations shallbe based on NGVD datum. d.The Surveyor will prepare plan view of survey to contain ALL survey information gathered inthe field and baseline of survey stationing proceeding from South to North andWesttoEast,as applicableforthe project. e.Survey will be prepared by the Surveyor in AutoCAD format using size "D"(24"x 36") sheets and the City's standard sheet title,blockformat. f.The Surveyor will provide two (2)signed and sealed hardcopies and two (2)electronic copies to the Consultant.Consultant will provide One (1)hardcopy and one (1) electroniccopyto the City. r^o-»~^^pi.ii<^Mi.iri>u<^,<»v^^m,,tolim,Fn«<>U'<Qv..^«•p«ai«fr«Mnmd»i.r<n«CUKIC PHASE 02:DESIGN AND PERMITTING a.Attend initial coordination (Kickoff)meeting with the Cityof South Miami. b.The Consultant will obtain a Design Ticketfrom Sunshine State One CallofFlorida,Inc. and request as builtinformationfrom utility companies listed as havingpotential utilities within the project area.Inaddition,the Consultant will request pertinent underground records from the City's department ofPublicWorks and purchase pertinent water and sewer as-built from the Miami Dade Water and Sewer Department. c.Based on review of the topographic survey and record drawings of existing utilities, water and drainage system(s)withintheprojectcorridor,the consultant will prepare design drawings(Planand Profile)fornew8-inch watermain extensions (Approximately 3,500 l.f.)and related appurtenances (i.e.fire hydrants,water services andwater meters)to serve existingresidentialpropertiesabuttingtheproject area depictedin ExhibitA.The construction drawings will be prepared in conformance with MDWASD, DERM and Health Department standards. f.Prepare50%construction documents (PLAN VIEW Drawings and Outline Technical Specifications)fortheproposed improvements and preliminary Opinion of Probable Construction Costs. g.Submittwo(2)copiesofthe50%Design packagetothe City for review and approval. h.Prepare presentation material andattendone(1)public meeting with area residentsto presenttheproposed watermain extension routes.The meeting will beattendedbythe consultant's Project Manager. i.Prepare 100%construction documents incorporating City's 50%review comments,to include all proposedwater distribution system improvements depicted in Plan&Profile views.Theproposeddesign will address utility crossingsandpavement restoration within theaffectedroadway segments,pertinentwater distribution systemdetails (incorporated by reference from MDWASD's Standard Details),pavement restoration andUpdatedOpinionofProbableConstructionCosts. j.Edit sample of Master Front-End and Bid Forms provided by the City as needed to reflect specific conditions ofthe project.Prepare technical specifications for the proposed improvements following the format established by the City of South Miami. k.The Consultant will assist theCityinobtaining approvals fromthe following agencies: City ofSouth Miami Public Works Department (DRY RUN &FINAL) MDWASD(DRYRUN&FINAL) Miami Dade Co.Fire Department (FINAL) Miami Dade DERM -Water Supplyand Wastewater Sections (FINAL) Miami Dade Health Department (FINAL) n.Identify all processing and permit fees required by the regulatory agenciesand request fees from the City.All applicablePermitfeesaretobepaid directly bythe City. o.Prepareand submit the DEP Watermain application packagesand processing feesas required forreview and approval. MCITY OFWVTH M3AUIX3)WATEMIAIK EXTENSION •MILLEft AREA\FIMAL rXOKMAL'O)***.•T.avtoa II l»0J.DOC p.The Consultant will retrieve the permit package(s),revise the plans if needed and deliver approved drawings to the City. q.The consultant will submit the Final design package to the City containing the following: •Two (2)sets of Opinion of Construction Costs. •One (1)electronic copy of the final drawings,Project Manual and Opinion of Probable Construction Costs. •Twenty Four (24)sets of the FINAL drawings and Project Manual forbidding purposes. •Construction Drawings approved by the regulatory agencies. PHASE 03:BIDDING &CONSTRUCTION PHASE The Consultant will provide assistance duringthebiddingand construction phases oftheproject as follows: a.Attend Pre-Bid Meeting with the Cityand prospective bidders. b.Respondtobidder's RFI's andissue addenda and clarification oftheconstruction documents,if needed. c.Tabulate and evaluate bids received,check references of responsible lowest bidder and make Consultant's recommendation to the City. d.Attendpre-constructionmeeting with the City and selected contractor. e.Review shop drawings of the proposed improvements. f.Perform periodic construction observations ona weekly basis (based ona16 week construction period)limited to16site visits @2.0hrsper visit =32hours max.)to observethegeneralstatusandprogressofthe work.Write and distribute construction observation report after each site visit. NOTE:ConstructionObservationsbytheConsultantare limited toobservingthework andmaterialsthatareto become partofacompletedprojectin conformance with the approved construction documents.The implementation and monitoring of construction safety programs isthe responsibility ofthe Contractor andis not part ofthe Consultant's Scopeof Services.The Consultant will not be held responsible for Contractor's construction means,methods,techniques,sequences or procedures,orforsafety precautionsandsafetyprogramsconnected with the work. g.Review Contractor's monthly payment request(s)andmake recommendations astothe requestedpaymentbasedon Consultant's opinion oftheactualstatusandprogressof the work. h.Review requestforChangeOrders submitted bytheContractorandsubmittothe City, the Consultant's opinionandrecommendation(s)onsaid Change Order request(s). i.Performa Substantial CompletionConstruction observation of the proposed improvements,toensurethatthe work completed meetsthe minimum requirementsfor substantial completionin accordance with the Contract Documents,including preparationofaPunch List ofanydefectsand discrepancies inthework. fttfTY Or SOUTHMIAMI*!)WATEKMAW EXTENSION -M1LLE*AKEAtfTNAL ntOFOSAWJ)M»J«aficrricM It l»0J.DOC - j.Perform aFinal Construction Observation to ensure satisfactory completion ofall items in the Punch List. k.Review As-built drawings prepared and certified by the Contractor's surveyor. I.Prepare and submit Certification of Watermain Construction Completion toMiamiDade County Health Department. m.Recommend execution ofa Certificate ofFinal Acceptance and final payment to the Contractor upon satisfactory completionofallitemsin the Punch List and receipt ofall necessary close-out documentation from the Contractor. COMPENSATION Compensationshallbe based onaFixedFeeBasis.Thetotal fixed feeforthisproject including sub-consultant services is $55,783.00.A breakdown of the workeffort required to perform the tasks contained inthis proposal isincludedin attached ExhibitsB. The Consultant will submitmonthlyinvoicesfor services rendered and costs incurredin accordance with the invoice submittal format contained in current Professional Services Agreement between the CityofSouth Miami (City)and Milian,Swain&Associates,Inc. (Consultant). WORK AUTHORIZATION "Water Distribution System Improvements" City ofSouth Miami,Miami-Dade County,Florida TheCityofSouth Miami (CLIENT)and Milian,Swain&Associates,Inc.(Consultant)agree withthe above scope of services and compensation terms. Milian,Swain &Associates,Inc.City of South Miami -1k Approved this £™T\?dayof v/^C.2006 Approved thisdayof,2006 By:([//&OUUA I huluLu.By: Arsenio Milian,P.E.Name&Title President -END- WaTY OFKWTHM1AMIXD WATEUM AINEXTENBOK.UILLE*AREAVTNAL MtOK»AL\pK<».rfaavica IJ tt 0J.BOC Milian,Swain &Associates,Inc. 2025 SW 32nd Avenue Miami,Florida 33145 (305)441-0123 {806)441-0688 ACTIVITY PHASE 01:SURVEY PHASE02;DESIGN &PERMITTING PHASE 03.'BIDDING ftCONSTRUCTION TOTAL MANHOURS TOTAL MSA SALARY COSTS Subconsultant Services; PHASE 01:SURVEY (Appro*.3,500 ft of road) (RoyalPolnl Surveyors) Principal Engineer $145.00 0.00 3.00 3.00 6 $870.00 $6,B40.00 TOTAL (Subconsultants):$6,840.00 ncommante 1.Grand Total amount Includes projected direct costs (printing, copies,mileage)to complete the project perscopeand required deliverables. 2.ALL REVIEW AND PERMIT FEESTOBEPAID DRECTLY BYTHE CITY OF SOUTH WHAM). PreparedBy:Julio M.Menache Dale:12/18105 Project Manager tuo.oo 2.00 77.00 28.00 107 $11,770.00 Senior Engineer $35.00 0.00 0.00 0.00 $0.00 EXHIBIT B SUMMARY -ENGINEERINGFEEESTIMATE CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT CITYWIDE WATER MAINIMPROVEMENTS City ofSouth Miami,Miami-Dade County,Florida Project Engineer • $85.00 6.00 190.00 37.00 233 $19,805.00 CADD Technician $es.oo 4.00 150.00 4.00 158 $10,270.00 Construction (95.00 0.00 O.OO 28.00 28 $2,650.00 Construction Inspector $72J0D 0.00 0.00 44.00 44 $3,168.00 Clerical S50.00 0.00 6.00 2.00 8 $400.00 TOTAL HOURS 12 426 148 584 MSA Fee For Activity $990.00 $35,105.00 $12,846.00 $48,943.00 TOTALCONTRACTFEE COMPUTATtON REVISIONS TotalMSAActivitySalaryCosts TOTAL Subconsultant Services TOTAL(Fbed FeeServices) Other Costs {*) GRAND TOTALf) $48,943.00 $6,840.00 $55,783.00 $0.00 $55,783.00 Date:1/3/06 By:JMM Reason:Perreview comments from City on 1/3/06 US i|0 l&Hi&ira CityofSouthMiami PropertiesWithoutWASDAccounts •+W55THLN ~SW55THTER M |C> 1I \% 1MILLERDR*««•ijipii•mm~ rrTiiimriftiiH ';.-":-NoWASDaccts-Nov2005 ExistingWaterMains aaalExistirg48"WaterMain 01002003004005006007008009001,000 :~MtfiMM1Feet L_ M ^21Lakes&canals LjCityBoundary ?MpfcAre&x-imFtsor•supv/£/ N PROFESSIONAL SERVICE AGREEMENT General Engineering Services TEflS AGREEMENT made and entered into this 3/9 day offlovemb&fooy by and between the CTTY OFSOUTH MIAMI,a political subdivision oftheState of Florida,referred toasthe "CTTY"and MOAN, SWAIN AND ASSOCIATES,authorized todobusinessinthe State of Florida,referredtoasthe "CONSULTANT". In consideration of the premises andthemutual covenants contained inthis agreement,the CTTY agrees to employ the CONSULTANT foraperiodendingonDecember1,2007,andthe CONSULTANT agrees toperformall professional servicesinconnectionwiththe WORK,asdescribed herein,ona continuingbasisinconnectionwithprojectswherethebasicconstructioncostsdoesnot exceed $500,000.00 or studies which do not exceed $25,000.00,herein after called the "SERVICES". SECTION 1•GENERAL PROVISIONS: 1.1 The CONSULTANT maybeissuedaNoticetoProceedtoencompasstheentireBasicServices,as defined in paragraph 22 fora project,foraportion of theBasic Services,orfordiscretetasksas specifiedin paragraphs 23 Additional Professional Services,,forthepurpose of reviewingwork performedbyother professional consultants orforother miscellaneous engineering servicesthatmay be required 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY.The CTTY reserves,atalltimes,therighttoperformanyandallengineering work in-house orwith other engineers.This Agreement doesnotconferonthe CONSULTANT any exclusive rightsto CTTY WORK,nordoesitobligatethe CTTY inany manner toguarantee WORK forthe CONSULTANT.The CONSULTANT may submitproposalsforanyprofessionalservicesfor which proposals maybepubliclysolicited by the CTTY outside of this agreement 1.3 The CTTY will conferwiththe CONSULTANT beforeanyNoticetoProceedisissuedtodiscussthe scope of theWORK;thetimeneededtocompletethe WORK andthefeeforthe services tobe rendered in connection with the WORK. 1.4 Hie CONSULTANT will submitaproposaluponthe CITY'S requestpriortotheissuance of aNotice to Proceed.No payment willbemade for the CONSULTANTS timeand services in connection with the preparation of anyproposal. 1.5 The CTTY agrees thatitwillfurnishtothe CONSULTANT plansandotherdataavailableinthe CTTYfiles pertaining tothe WORK tobeperformedunderthisagreementpromptlyaftereachNotice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes,promptly after each meeting at which theirpresenceis required. 1.7 Hie GlTY agrees to designate a representative who,on behalf ofthe City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly,to avoid unreasonable delayinthe progress ofthe CONSULTANT'S services.The CONSULTANT shall keepthe CITY'S representative advised onthe project status atalltimes. 1.8 The CTTY agreestoissueall directives and approval in writing. SECTION 2 -PROFESSIONAL SERVICES 2.1 General Engineering Services Theprofessionalservicestobeprovidedbytheconsultantareasfollows: A.Roadwayengineeringtoincludestreets,sidewalk,curb,gutter,drainage,associatedtraffic control devices,striping,lighting,speed reduction devices and incidental landscaping. B.Drainage Design includes the necessary analysis neededto implement proposed drainage improvements,preparationofpavinganddrainageplanformunicipalbuildingand facilities. C.Civil Engineering,toincludeWater Distribution Systems Improvement /Analysis anddesign andSanitary Sewer SystemEvaluationanddesign. D.Traffic engineering serviceswillincludedailyvolumecounts,dataanalysis,preparationof conceptual improvements plan,presentreportsand recommendation tostakeholdersand preparation of finaltrafficengineering report E.EnvironmentalEngineering,toincluding,siteinvestigationanddesignneededtoprepare remediationplanstomitigateundergroundstoragetanks,hazardouswastematerialsand asbestos materials. F.Other incidental services associated to the above items. 22 Basic Services TheBasic Services,fordesignandconstruction,consistofsix(6)phasesdescribedinParagraph 2.2.1 through 22.6.Thescopeoutlinedbelowis applicable initsentiretytoprojectsforwhichcompletedBasic Services are authorized. Upon authorization toproceedfromthe CTTY,the CONSULTANT agreestoprovide complete professional engineeringservicesforanyportionorallofthesixPhasesoutlinedbelow.TheCONSULTANTagreesto co-ordinatehiseffortwiththat of anyotherengineering;landscapearchitecturalorarchitectural CONSULTANTStoassurea coordinated andcomplete WORK Thelead CONSULTANT asdesignatedby •ProfessionalServices Agreement General EngineeringServices December 2004 Page2 of 16 the CITY shall prepare the final bid package including bid documents and specifications,which shall be prepared by,andbethe responsibility of the respective disciplines. 2.2.1 Phase I-Preliminarv and Schematic Design: A.TheCONSULTANT shall confer with representatives of the CTTY andthe using agency to determine thefullscopeofthe Project thatwillmeetthe program requirements,and shall advise the CTTY if,inthe CONSULTANTS opinion,the allocated funds are adequate to accomplishthe program requirements. B.The CONSULTANT shalluse proper andadequatedesigncontroltoassuretheCTTYthatthe program requirementswillbe met C.The CONSULTANT shall prepare aDesignConceptandSchematicReport,comprising of theProjectTimetable(MasterSchedule),Planning Summary (unlessadvisedotherwise), Schematic DesignStudies(unlessadvisedotherwise)as defined below,andthe Statement of Probable Construction Cost D.TheProposedProjectTimetableshallconsist of ascheduleshowingtheproposedcompletion dateoneachPhase of the Project through design,bidding,construction,andproposeddate of completion. E.The Planning Summary (unless advised otherwise)shallconsist of avicinityplanandblow up of theSite (if applicable)showing Project orientation,andabriefsummary of all pertinent planning criteria usedfortheProject F.TheSchematicDesign Studies (unless advised otherwise)shallconsist of all plans,elevations, sections,etc.as required toshowthe scale and relationship ofthe parts andthe design concept of thewhole.Asimple perspective sketch,modelor photograph thereofmaybe provided to furthershowthedesign concept G.TheCONSULTANT shall present the Schematic design studies tothe appropriate Boards for their approval whenthe project requires such approval. H.The CONSULTANT shall present the schematic designstudiestoallthe appropriate utility companies (such as FPL,Southern Bell,Dynamic Cable,MDWASA,etc.)forany conflict with their utilities. L The Statement of ProbableConstructionCostshall include estimated cost of theProject including fixed equipment,professional fees,contingencies (if any),escalation factors adjusted tothe estimated bid date,movableestimate (if any),and utility service extensions (if applicable).The CONSULTANTS opinions of probable Total Project Costsand Professional Services Agreement General EngineeringServices December 2004 Page3 of 16 Construction Cost are to be made on the basis of CONSULTANTS experience and qualifications and represent CONSULTANTS best judgement as an experienced and qualified professional engineer,familiar with the local construction industry and prices. J-Hie CONSULTANT shall submit and present two (2)copies of all documents required under this Phase,without additional charge,for approval bythe CITY and he shall not proceed with the next Phase until directed bv the CTTY. 2.2.2Phase II-Study and Design Development: A.Rom the approved Schematic Design documents,the CONSULTANT shall prepare Design Development Documents,comprising the drawings,outline specifications and other documents to fix and describe the size and character ofthe entire Project asto construction and finish materials and other items incidental thereto as may be appropriate and applicable. B.The Design Development Documents shall comprise the Proposed Project Timetable (updated),Outline Specifications,Updated Statement of Probable Construction Cost,and Design Development Drawings,etc.,as required to clearly delineate the Project If the Updated Statement of Probable Construction Costexceedsthe allocated funds,feasible cost orscopereductionoptionsshallbe included. C.The CONSULTANT shall submit and present two (2)sets of all documents required under this Phase,without additional charge,for approval bythe CTTY and not proceed withthenext Phase until directed bythe CTTY. D.The CONSULTANT shallatall times monitor the Probable Construction Costs to make certain theyremainwithinthetotal allocated budgetANoticeto Proceed to Phase IH will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.23 PhaseIII -FinalDesign/ConstructionDocumentsDevelopment: A.From the approved Design Development Documents,theCONSULTANT shall prepare Final ConstructionDocumentssettingforthindetailtherequirementsfortheconstruction of the Project includingthe Proposal (Bid)Formandother necessary information for bidders, Conditions of the Contract,andComplete Drawings and Specifications.CONSULTANT shalluseConstruction Specifications Institute (CSI)Standards andtheCity of SouthMiami Standard formsforthe preparation of the proposal (bid)forms,Instructions to Bidders, conditions of Contract and Specifications.TheCONSULTANT shall reviewall existing City Specifications,for completeness prior touseandshallsupplyallneeded additional specifications. B.The Construction Documents shall be prepared inamannerthatwill assure clarity of linework,notes,and dimensions,when the documents are reduced to 50%of their size.All drawings shallbeon24"x36"paper ("D"size),onthe City's standard sheet format,unless approvedotherwise. •ProfessionalServicesAgreement General Engineering Services December 2004 Page4 of 16 C..All constructiondocumentsshallbesubmittedinboth "hard copy**andelectronicmediaina mutuallyagreeduponelectronic format,butgenerallyasfollows: 1.Non-drawing submittalsinMicrosoft Office format 2.Drawingsin AutoCAD format 3.GIS files should be in ArcView format Version 3.2. D.Whenthedevelopment of the drawings has progressed toatleast50%completionin Phase HI,the CONSULTANT shallsubmit two (2)copies to the CTTY forapproval,without additional charge,along with updated outline specifications.TheCONSULTANT shall also submitatthistimeanupdated Statement of Probable Construction costas indicated bytime factor,changesin requirements,or general marketconditionsandahupdated Project Schedule. E.The CONSULTANT shall not proceed withthe further developmentuntil approval of the 50%documents is received fromthe CTTY.The CONSULTANT shall make allchangesto documents.The 50%completeChecksetshallbereturnedtothe CTTY. F.ANoticeto Proceed forthe completion of Phase HI willnotbeissued if the latest Statement of Probable Construction Cost exceeds the total allocated funds,unless the CTTY increases the totalallocatedfundsorthe CONSULTANT andthe CTTY agreeson methods of cost reductions sufficient to enable construction within the funds available. G.Upon 100%completion ofthe Construction Documents,the CONSULTANT shall submit to the CTTY a final,updated Statement of Probable Construction Cost along withtwo (2)copies each of CheckSet of drawings,specifications,reports,programs,etc.,without additional charge,for a final review and comments or approvals. H.The CONSULTANT shallmakeallthenecessary presentations tothe appropriate CTTY Boards (such as Environmental Review Board,Historical Preservation Board etc.)for the finalapproval. L HieCONSULTAOTatnoextracosttotheOOT and resolve all questions resulting from paragraph Hifthe changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A.The 100%complete Check set shall be returned tothe CTTY.Upon final approval bythe CTTY,the CONSULTANT shallfurnishtothe CTTY a minimum of 24sets of drawingsand specifications,atno additional costtothe CTTY,for bidding purposes,unless instructed otherwise. J.TheCONSULTANT shall arrange for "dry runs"and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City,County,State or Federal)as necessary,to ascertain that the construction documents meetthe necessary requirements to obtain all the necessary permits for construction.CONSULTANT shall ProfessionalServicesAgreement General Engineering Services December 2004 Page5 of 16 respond to all technical questions from regulatory agencies.CONSULTANT shall modify,at no additional cost to CTTY,in order to acquire the necessary permits. 2.2.4 Phase IV -Bidding and Negotiation Phase: A.Upon obtaining all necessary approvals ofthe Construction Documents,and approval bythe CTTY of thelatest Statement of Probable Construction Cost,the CONSULTANT shallfurnish the drawings and specifications as indicated abovefor bidding,andassistthe CITY in obtainingbidsand awarding and preparing construction contracts.The CONSULTANT shall attend all pre-bid conferences.The CONSULTANT shall be present during thebid opening andaspart of his assistance tothe CITY willtally,evaluateandissuearecommendationto the CITY afterverifyingbond,insurance documents,questionnaire andreferencesubmitted by theconstructor. B.TheCONSULTANT shall issue Addenda through the CTTY as appropriate to clarify,correct orchange Bid Documents. C.If Pre-Qualification of biddersis required assetforthintheRequestfor Qualification, CONSULTANT shall assist Cityin developing qualification criteria,review qualifications of prospective bidders,andrecommendacceptanceorrejection oftheprospectivebidders. D.If thelowest responsible BaseBidreceivedexceedstheTotalAllocatedFundstheCTTYmay: 1.approve the increase in Project Costandawardaconstructioncontractor, 2.rejectallbidsandrebidthe Project withina reasonable timewithnochangeinthe Project,or 3.direct theCONSULTANTtorevisethe Project scopeor quality,or both,as approved by theCTTYandrebidthe Project,or 4.suspendor abandon theProjector 5.exercisealloptionsundertheCityCharterandStateLaw. NOTE:Underitem(2)above,tiie CONSULTANT shall,withoutadditionalcompensation,assistthe CTTYinobtaining re-bids,and awarding tiie re-bid of theprojectUnderitem(3)above,the CONSULTANT shall,without additional compensation,modify the Construction Documentsas necessarytobringthe Probable Construction CostwithintheTotalAllocated Funds.Whenthelowest responsible bidisover15%of theCONSULTANTestimate. E.Forthe purpose of paymenttotheCONSULTANT,theBidding Phase willtenninateandthe services of the CONSULTANT willbeconsideredcompleteuponsigning of an Agreement witha Contractor.Rejection of bidsbythe CTTY doesnotconstitute cancellation of the project 2.2.5 Phase V-General Administration of the Construction Contract: A.Hie Construction Phase willbeginwiththeaward of theConstruction Contract andwillend when the Contractor's finalPaymentCertificateisapprovedandpaid by the CTTY. •Professional Services Agreement GeneralEngineeringServices December 2004 Page6 of 16 have authority (with the City's prior approval)to recommend special inspections ortesting of any WORK deemednottobein accordance withtheContractwhetherornotsuch WORK has been fabricated and delivered to the Project,orinstalled and completed. L The CONSULTANT shall promptly review and approve shop drawings,samples,and other submissions of the Contractor for conformance with the design concept of the Project and for compliance withthe Contract Documents.Changes or substitutions tothe Contract Documents shall not be authorized without concurrence with the CTTY. J.The CONSULTANT shall review and recommend action on proposed Change Orders within the scope ofthe Project initiated by others,and initiate proposed change orders as required by his own observations. KThe CONSULTANT shallexamine tiie WORK uponreceipt of the Contractor's Certificate of Substantial Completion ofthe Project A Punch list of any defects and discrepancies inthe WORK required tobe corrected bythe Contractor shallbe prepared bythe CONSULTANT inconjunctionwith representatives of the CTTY and satisfactory performance obtained before tiie CONSULTANT recommends execution of Certificate of Final Acceptance and final paymenttothe Contractor.He shall obtain fromthe Contractor all warranties,guarantees, operating and maintenance manuals for equipment,releases of lienandsuch other documents and certificates asmaybe required by applicable codes,laws,policy regulations andthe specifications,anddeliverthemtotheCITY. L.The CONSULTANT shall provide assistance inobtaining Contractor's compliancewiththe Contract Documentsrelativeto,1)initialinstruction of CTTY personnel intheoperationand maintenance of anyequipmentor system,2)initial start-up andtesting,adjusting and balancing of equipment and systems,and,3)finalclean-up of the project 2.2.6 Phase VI -Post Construction Administration A.The CONSULTANT shall prepare and provide the CTTY withawritten manual,tobeusedby the CITY,outliningthe implementation plan of allthe required maintenance necessary to keeptheproposed WORK operational inasafeand effective manner. B.The CONSULTANT shallfurnishtothe CTTY.reproducible recorddrawingsundatedbased oninformationfurnishedbvthe Contractor:suchdrawingsshallbecometheproperty of the CTTY. C.The CONSULTANT shallassistintheinspection of the WORK onemonthbeforethe expiration of any guarantee period orthesixthmonth whichever is earlier and report any defective WORK intheProjectunderterms of the guarantee/warranties for correction.He shallassistthe CTTY with theadministration of guarantee/warranties forcorrection of defective WORK that may bediscoveredduringthesaid period. 2.3 Additional Professional Services •ProfessionalServicesAgreement GeneralEngineeringServices December 2004 Page8 of 16 Additional Services as listed below are normally considered tobe beyond the scope of the Basic Services for design and construction,as defined in this Agreement but which are additional services which may be authorized withintheScopeofWorkgiventheCONSULTANT. A.Special analysis of the CITY'S needs,and special programming requirements for a project B.Financial feasibility,life cycle costing or other special studies. C.Planning surveys,site evaluations,or comparative studies of prospective sites. D.Design services relative to future facilities,systems and equipmentwhich are not intended to be constructed as part of a specific Project E.Servicesto investigate existing conditions (excluding utilities)or facilities ortomake measured drawings thereof,ortoverifythe accuracy of drawings orotherinformation furnished by the CTTY. F.Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material,equipmentand labor required foraProject G.Consultation concerning replacement of any WORK damaged by fire or other cause during construction,and furnishing professional services of thetypeset forth inBasicServicesas maybe required relative to replacement of such WORK,providing thecauseis found bythe CTTY tobeotherthanbyfault ofthe CONSULTANT. H.Professional servicesmade necessary bythedefault of the Contractor orbymajordefectsin the WORK undertheConstruction Contract,providingthecauseisfoundbythe CTTY tobe other than by fault of the CONSULTANT. LMakingmajorrevisions changing theScope of aprojectto drawings andspecificationswhen suchrevisions are inconsistent withwritten approvals or instruction previously givenbythe CITY andareduetocausesbeyondthecontrol of the CONSULTANT.(Majorrevisionsare definedasthosechangingtheScopeand arrangement of spaces and/or schemeorany portion). J.The services of oneormorefull-timeProjectRepresentatives. K.Preparing toserveor serving asanexpertwitnessin connection withany arbitration proceedingorlegal proceeding inconnectionwithaProject L.Professional services required after approval bythe CTTY orthe Contractor's Requisitionfor Final Payment except asotherwiserequiredunderBasicServices. ProfessionalServicesAgreement GeneralEngineeringServices December 2004 Page9 of 16 M.Preparing supporting data,drawings,and specifications as may be required for Change Orders affecting the scope ofa Project provided the Changes are due to causes found by the CTTY,to bebeyondthecontrol of the CONSULTANT. SECTION 3 -TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the timebasedonreasonable extermination,statedinthesaidNoticeto Proceed. A reasonable extension of time will be granted inthe event there isa delay onthepartof the CTTY 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 ofhis duties impossible. SECTION 4-BASIS OF COMPENSATTON TheCONSULTANTagreestonegotiatea"nottoexceed"feeorafixedsumfeeforeach of theWORK assigned tohim 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 CTTY reserves the right to issue oral authorization tothe CONSULTANT,with the understanding that written confirmation will follow immediately thereafter.For reproduction of plans and specifications,beyond the requirements as identified under Section 2-Professional Services the CTTY will paythe direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods ora combination thereof,as mutually agreed uponbythe CTTY andthe CONSULTANT. A.A fixed sum:The fee fora task ora scope of work may be fixed sum as mutually agreed upon bythe CTTY andtheCONSULTANT: B.Hourly rate fee:The CTTY agrees topay,andthe CONSULTANT agreestoacceptforthe services rendered pursuanttothisAgreementfeesin accordance withthe following: Category Hourly Rate Principal $145 Project Manager $110 Senior Engineer $95 Engineer $85 Construction Manager $95 ConstructionInspection $72 Sem^rDraftsrnan/rechnical/CADD Operator $65 Draftsmen $60 Data Processing/Clerical $50 Hourly rateswill include all wages,benefits,overhead andprofit •ProfessionalServices Agreement GeneralEngineeringServices December 2004 Page10 of 16 SECTION 5-PAYMENT AND PARTIAL PAYMENTS The CTTY willmakemonthly payments or partial payments totheCONSULTANTforall authorized WORK performed during the previous calendar month.For design and construction projects where fee for each phase isnot specified,such payment shall,inthe aggregate,notexceedthe percentage of the estimated total Basic Compensation indicated belowforeach phase: 15%uponcompletionand approval of Phase I. 35%uponcompletionand approval of Phase EL 55%uponsubmittaland approval of50%complete drawings andoutline specifications of Phase m. 75%upon100%completionand approval of Phases m andIV. 90%uponcompletion oftheProjectand approval of all WORK Phase V). 100%uponfinalcompletionand approval ofWORK elementsAandB of Phase VL The CONSULTANT shall submit anoriginalinvoicetothe City's projectrepresentative. Theinvoiceshallcontainthefollowing information: 1.The amount of theinvoicessubmitted shall betheamountdueforall WORK performedto dateascertified by the CONSULTANT. 2.The requestforpaymentshallincludethefollowinginformation: a.Project Name b.TotalContractamount (CONSULTANT'S lump sum negotiatedupsetlimitfees) c.Percent of work completed. d.Amount earned. e.Amount previouslybilled. f.Due this invoice. g.Balance remaining h.Summary of work donethisbilling period, i.Invoice number and date. 3.Uponrequestbythe CTTY theCONSULTANTshallprovidetheCTTYwith certified payroll datafor the WORK reflecting salaries andhourlyrates. SECTION 6•RIGHT OF DECISIONS All servicesshall be performedbythe CONSULTANT tothe satisfaction of the CITY'S representative,who shalldecideall questions,difficulties and disputes of whatever nature whichmayariseunderorby reason of this Agreement,the prosecution andfulfillmentofthe services,andthe character,quality,amount andvalue andthe representative's decisionsuponall claims,questions,anddisputesshallbe final,conclusiveand bindinguponthe parties unlesssuch determination is clearly arbitrary or unreasonable.Intheeventthatthe CONSULTANT doesnotconcurinthejudgement of tiie representative astoanydecisionsmadebyhim,he shall present hiswritten objections totheCity Manager and shall abidebythedecision of theCity Manager. Nothinginthissectionshallmeantodenytherightto arbitrate,byeitherparty,in accordance withthe IndustryArbitrationRules ofthe American ArbitrationAssociation. •ProfessionalServices Agreement GeneralEngineeringServices December 2004 Page11 of 16 SECTION 7-OWNERSHIP of nnrrmmjire All reports and reproducible plans,and other data developed bytheCONSULTANTforthe purpose of this Agreement shall become theproperty of the CTTY withoutrestrictionorlimitationinconnectionwiththe owner's useandoccupancy of theprojectReuse of thesedocumentswithoutwrittenagreementfromthe CONSULTANT shallbe the CITY'S soleriskand without liabilityandlegalexposuretothe CONSULTANT. Wheneachindividualsection of the WORK completedunderthis Agreement iscomplete;all of theabove data shall be delivered to the CTTY. SECTION 8-COURT APPEARANCES.CONFERENCES AND ITFAttTNGS Nothinginthiscontractshallobligatethe CONSULTANT to prepare foror appear inlitigationonbehalf of the CTTY without additional compensation except for anydispute arising out of thiscontractTheamount of suchcompensationshallbemutually agreed uponandbesubjecttoa supplemental agreement approved by theCity Commissioners andupon receipt of written authorization fromtheCITY prior to performance of a court appearance andconference. The CONSULTANT shall confer withtheCTTYatanytimeduringconstructipn of the improvement contemplated asto interpretation of plans,correction of errors and omissions and preparation of any necessary plan thereofto correct such errors and omissions or clarify without added compensation. SECTION 9 -NOTICES Any notices,reports orother written communications from tiie CONSULTANTtothe CTTY shall be considereddelivered when deliveredby courier orbymailtotheCTTY.Any notices,reports orother communications fromthe CTTY tothe CONSULTANT shallbeconsidereddelivered when delivered by the CONSULTANTin person orbymailto said CONSULTANT orhis authorized representative. SECTION 10 -AUDIT RIGHTS The CTTY reserves therighttoauditthe records oftheCONSULTANT related tothisAgreementatanytime during the execution of theWORK and for a period ofone year after final payment is made.This provision is applicable only to assignments that are ona time and cost basis. SECTION 11 -SUBLETTING The CONSULTANT shallnot sublet assign,or transfer any WORK underthisAgreementwithouttheprior written consent of the CTTY. SECTION 12 -WARRANTY The CONSULTANT warrants thathehasnotemployedorretainedanycompanyor person,otherthanabona fide employee working solely for the CONSULTANT,to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee,commission,percentage fee,giftsorany other considerations contingent uponor resulting from the award ormakingof this contract For breach or violation of this warranty,the CTTY shall havetherighttoannulthiscontractwithout liability. ProfessionalServices Agreement General Engineering Services December 2004 Page12 of 16 SECTION 13 •TERMINATION OF ACTFFMRNT It is expressly understood and agreed that the CTTY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK,in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections ofthe WORK previously authorized in accordance withthe provisions ofSection4,such payment tobe determined onthebasisofthe WORK performed bythe CONSULTANT uptothetimeof termination. SECTION 14 -DURATION OF AGREEMENT This Agreement for the purpose of issuing new WORK shall remain in full force and effect fora period ending December 1,2007,although the actual completion of performance may extend beyond such term,or untilthe depletion of funds allocated forthe WORK,or unless otherwise terminated bymutualconsentofthe partieshereto. SECTION 15 -RENEWAL OPTION This agreement maybe renewed,atthesole discretion ofthe CTTY,fora maximum ofonetwoyeartermat theend of theinitial period. SECTION 16 -DEFAULT Intheeventeitherparty fails to comply withthe provisions ofthis Agreement,the aggrieved party may declare theotherpartyin default and notify himin writing.Insucheventthe CONSULTANT will only be compensated forany completed professional services.Intheeventpartialpaymenthasbeenmadeforsuch professional services not completed,the CONSULTANT shallreturnsuchsumstothe CTTY withinten(10) days after notice thatsaid sums are due.Inthe event of litigation bytheother party to enforce the provisions ofthis contract,theprevailingpartywillbecompensatedforreasonable attorney's fees.Innoeventshall attorney'sfeesawardedagainstthe CTTY exceed25%of theawardfordamages.TheCITYdoesnotwaive sovereign immunityfrom awards of prejudgment interest SECTION 17 -INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORKonthis Agreement untilhe has obtained allinsurance requiredbythe CTTY.The CONSULTANT shall mdemnify andsavethe CTTY harmlessfromanyandall claims,liability,lossesandcausesofactionsarisingsolelyout of anegligenterror,omission,oract of the CONSULTANTincidenttotheperformanceoftheCONSULTANTSprofessionalservicesunderthis Agreement TheCONSULTANTshallpayallclaimsandlosses of anynaturewhatsoever,inconnection therewith. The CONSULTANT agrees and recognizes thatthe CTTY shallnotbeheldliableor responsible forany claims,whichmayresultfrom actions or omissions ofthe CONSULTANT'S actions.In reviewing, approving orrejectingany submissions oractsoftheCONSULTANT,tiie CTTY innowayassumesorshares responsibility orliability of the CONSULTANTS or Sub-consultants,the registered professionals underthis Agreement The CONSULTANT shallmaintainduringtheterm of this Agreement the followinginsurance: •ProfessionalServicesAgreement GeneralEngineeringServices December 2004 Page13 of 16 A.Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, nottoexceed5%of thelimitof liability providing for all sumswhichthe CONSULTANT shall become legally obligated to pay as damages for claims arising outof the services performed bythe CONSULTANT or any person employed byhimin connection with this Agreement This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement However,the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B.Comprehensive general liability insurance with broad form endorsement,including automobile liability,completed operations and products liability,contractual liability, severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage.Saidpolicyor policies shall name CTTY as additional insured and shall reflecttheholdharmless provision contained herein. C.Workman's Compensation Insurance in compliance with Chapter 440,Florida Statutes,as presently written or hereafter amended. D.The policies except for Section 17 A shall contain waiver of subrogation against CTTY where applicable,shall expressly provide that such policy or policies are primary over any other collective insurance that CTTY may have.The CTTY reserves the right to request a copy of the required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium payment of the CTTY. E.Allof the above insurance isto be placed with Best rated A-8 or better insurance companies, qualifiedtodobusinessunderthelaws of theState ofFlorida. The CONSULTANT shall furnish certificates of insurance tothe CTTY prior tothe commencement of operations,which certificates shallclearly indicate thatthe CONSULTANT hasobtained insurance inthe type,amountand classification as required for strict compliance withthisSectionandthatno reduction in limits by endorsement during the policy term,or cancellation ofthis insurance shall be effective without thirty (30)dayspriorwritten notice to tiie CTTY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under thisSectionorunderanyotherportion of thisAgreement SECTION 18 -AGRPm/nqNT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CTTY from employing other CONSULTANTS to perform the same or similar services. Professional ServicesAgreement GeneralEngineeringServices December 2004 Page14 of 16 SECTION 19-CODES.ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CTTY,County, State and Federal codes,ordinances and laws in effect at the time of design which have adirect bearing on the WORK involved on this project The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached)pursuant toFS 287.133(3)(a). SECTION 20 -ENTIRETY OF AGKF.FMKNT This writing embodies the entire Agreement and understanding between the parties hereto,and there are no other Agreements and understandings,oral or written,with reference to the subject matter hereof that are not mergedherein and superseded hereby. No alteration,change,or modification of the terms of this Agreement shall be valid unless made in writing and signed byboth parties hereto,upon appropriate action bytheCity Commissioners. IN WITNESS WHEREOF,this Agreement is accepted onthe date first above written subject tothe terms and conditions set forth herein. AuthorityofResolution No.l%3'()*)-JUn duly passed and adopted by the City of South Miami City Commission lf)B\r*flat^QOU ATTEST: STATE OFF8DKIDA ) ss:AcknowledgementofCity of SouthMiami COUNTY OFDADE ) CTTY OF SOUTH MIAMI Maria V.«©avis,City Manager CONSULTANT: is /C/dav of7Theforegoingiristrumentwasacknowledgedbeforemethis/fa''day ofy JO^2004 by MARIAV.DAVIS and MARIA MENENDEZ,City Manager and City Clerk,respectively ofthe CTTY OF SOUTH MIAMI,on behalf ofthe CTTY,who are personally known tome. •Professional ServicesAgreement GeneralEngineeringServices December 2004 Page 15 of 16 [_Notary Public,State/Of Florida Print name:nw/4 /C^Jrft r—~Z?7r~OFFWALNOl".+5FpUA_UAFttALG Commissio: $*P*te,MARIA LGARCIA SEAL *<OD0S18S6^MY COMMISSION EXPIRESSTATEOFFLORIDA) COUNTY OF DADE ) ss:Acknowledgement of Consultant OFfV>OCT.2.2005, The foregoing instrument was acknowledged before me this &<£,day of V3la*>•2004 by ^Om c+UJ Y^^^^iJ of ^Syj,jPes>^^J&f&s&e-Cu^Aj^behalf of the CONSULTANT. Heis personally known tomeorhas produced */»+<*<*^JAs/-dUtsynLstR identification. NotaryPublic,State of Florida APPROVED AS TO FORM &CONTENT Professional ServicesAgreement General EngineeringServices December 2004 Page16 of 16 Print namegv'&v, ^c5S^f»N!CE M.CHUNG Ki "^l^Wamnuu ifttfMlMcy matte P c«c >sr-,^-^.JEST*53*0"*DW»7730