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THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item No.: ~ April 21, 2015 A resolution authorizing the City Manager to issue a notice to proceed to T. Y. Lin International to complete engineering documents for SW 78 th Street Roadway & Drainage Improvements. Roadway and drainage improvements are proposed for SW 78 Street, between SW 63rd Avenue, West towards SW 63 Place (City of South Miami Dog Park). The road is in very poor condition and in need of drainage and asphaltic improvements. T. Y. Lin International has submitted a proposal in the amount of $38,640 to develop construction documents and to provide construction administration. In accordance with and pursuant to Florida Statute 287.055 for CCNA, T. Y. Lin International was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with T. Y. Lin International to perform engineering services for the City. Amount not to exceed $38,640.00 The expenditure shall be charged $38,640.00 to Stormwater Drain Trust Fund account number 111-1730-541-6490, which has a balance of $155,675 before this request was made. Resolution Proposal CCNA Traffic & Transportation Schedule Professional Service Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager to issue a notice to proceed to T. Y. Lin International to complete engineering documents for SW 7S'h Street Roadway & Drainage Improvements. WHEREAS, the Mayor and City Commission wish to provide roadway and drainage improvements to SW 78'h Street, between SW 63'd Avenue, West towards SW 63'd Place (City of South Miami Dog Park), and WHEREAS, the City desires to hire a consultant to complete professional engineering documents for the City; and WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has negotiated an agreement with T. Y. Lin International who was one of five (5) consultants previously selected to perform professional services for the City and who was next in the rotation for selection. WHEREAS, the City Manager has negotiated the price for the services to be render which does not exceed the sum of $38,640.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to issue a notice to proceed to T. Y. Lin International, for an amount not to exceed $38,640.00 in accordance with the form of Professional Service Agreement that was approved by the City Commission by resolution 151-13-13-969 to complete engineering documents for SW 78th Street Roadway & Drainage Improvements. Funding for this project will be charged $38,640.00 to 5tormwater Drain Trust Fund account number 111-1730-541-6490, which has a balance of $155,675 before this request was made. Section 2: Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this ___ day of _____ -', 2015. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Edmond Commissioner Liebman Commissioner Welsh April 6, 2015 Ricardo A. Ayala, PE Project Manager City of South Miami Public Works Department 4795 SW. 75th Avenue Miami, FL 33155 ..F¥UNINTERNA1l0NAL I HJ ROSS 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 Tel. 305.567.1888. Fax. 305.567.1771-EMAIL: hjross@hjross,com RE: City of South Miami SW 78'h Street Roadway and Drainage Improvements Project Proposal for Professional Engineering Services Dear Mr. Ayala: We app,reciate the opportunity to provide professional engineering services for the City of South Miami SW 78 h Street Roadway and Drainage Improvements project adjacent to the City's new Dog Park. We look forward to providing quality and professional services to assist the City in accomplishing its developmental goals. Attached you will find a proposal to perform the aforementioned services. Exhibit "A" in the attached Proposal for Engineering Services lists the Scope of Work, compensation to perform these services, and the project schedule. Exhibit B depicts a breakdown of the man-hours and proposed fees. The cost for these services is a Base contract lump sum fee of $28,340.00, with optional services billed on an hourly basis of an amount not to exceed $10,300.00. If in agreement, please sign on page 3 and return one original for our records. Our firm is committed to the success of the City of South Miami and look forward to another great opportunity to,. ,rk together in achieving its goals. FranciscoJ. lonso, Project Manager T.Y. Lin International 201 Alhambra Circle, Suite 900 Coral Gable, FL 33134 (305)567-1888 falonso@tylin.com Enclosures cc: Grizel Martinez Jose Nessi '"I¥UNINTERNATIONAL I HJ ROSS EXHIBITUA" CITY OF SOUTH MIAMI SW 78TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES I. PROJECT DESCRIPTION The City of South Miami Public Works Department proposes to implement the roadway and drainage improvements along SW 78 th Street between SW 63" Avenue and the new Dog Park along the Canal. The scope will include design of isolated drainage systems to address the low lying areas of the project, pavement restoration, and the addition of parking and pedestrian access to the Dog Park. The project will include the following key components: • Drainage Improvements consisting of isolated exfiltration trenches at the areas identified as having drainage deficiencies. • Targeted reconstruction of the pavement section at the intersection near the dog park where pavement failure is evident • Milling and resurfacing of the existing pavement between SW 63"' Avenue and the dog park (should bUdJet allow, the millin~ and resurfacing limits will extend approximate 50' to the east of 63 Ave. along SW 78 SI. and north along SW 63"' Ave to the limit of the FOOT rlw on US1). • Repair of existing sidewalk flags and extension of sidewalk from the mid-block alley southwest to the dog park. • Design of parking spaces at the north entrance of the dog park including an ADA accessible space. WUNINTERNAllONAL I HJROSS (CONSULTANT) will provide final design, construction documents, and construction phase services for the design of the roadway improvements. This work will be performed in accordance with the Professional Service Agreemen( for General Traffic and Transportation Engineering Services (AGREEMENT) dated June 14'" 2013 as amended herewith. II. SCOPE OF PROFESSIONAL SERVICES The specific work scope tasks to be performed by CONSULTANT are: PHASE III: Final Design I Construction Documents Development CONSULTANT agrees to provide the Phase 11/ -Final Design/ Construction Document Development services in accordance with Paragraph 2.2.3 of the AGREEMENT In addition to the basic services defined in paragraph 2.2.3 of the AGREEMENT the CONSULTANT will provide Registered Surveying and Mapping services in accordance with Paragraph 2.1.H, Geotechnical Investigations, and additional services in accordance with Paragraph 2.3.F of the AGREEMENT as they are deemed a requirement to compliment and complete the task as defined under Phase 11/ -Final Design/ Construction Document Development Specific tasks to be performed: • Perform a topographic survey of the roadways and intersections to be improved. • Perform geotechnical investigation including 2 percolation tests and 2 pavement cores to determine drainage capabilities of the site and depth of existing pavemenl. City of South Miami SW 78 th Street Roadway and Drainage Improvements Project April 3, 2015 Page 1 "F¥UNINTERNATlONAL I HJ ROSS • Design and prepare construction documents including a constructions plan that will include: o Key Sheet o General Notes and Quantities o Project Site Location Map o Project Typical Section o Project Site-Plan and Geometry (including signing and pavement marking) o Project Plan and Profile o Project Details o MOT notes • Prepare project Specifications and Bid Documents • Prepare Engineer's Estimate of Probable Construction Costs and a Probable Co~struction Schedule PHASE IV: Bidding and Negotiations Phase CONSULTANT agrees to provide the Phase IV -Bidding and Negotiations Phase services in accordance with Paragraph 2.2.3 of the AGREEMENT. PHASE V: Construction Administration Phase CONSULTANT agrees to provide the Phase V -General Administration of the Construction Contract services in accordance with Paragraph 2.2.5 of the AGREEMENT with the following modifications: • CONSULTANT bases fee for this task on a construction time of 60 calendar days from award of Construction Contract to approval, by the CONSULTANT, of Contractor's final Payment Certificate. • CONSULTANT bases fee for this task on conducting weekly site visits and part-time on- site observations at an average of 8 hours per week in addition to pre-bid, kick-off, and punch-list meetings. In the event that continuous daily on-site observations are required as stated in Paragraph 2.2.5.E of the AGREEMENT, CONSULTANT reserves the right to negotiate additional fees with the CITY at the hourly rates found in Section 4 of the AGREEMENT. III. SUBCONSUTANTS The following sub-consultants will assist in the execution of the project requirements: • Surveying and Mapping Services -Avino and Associates • Geotechnical Investigations -NV5, Inc. IV. SCHEDULE OF DELIVERABLES CONSULTANT will submit the following deliverables to the SMCRA: SCHEDULE OF DELIVERABLES Task Description of Deliverable or Drawing Name No. 1 Survey and Geotechnical Report 2 Construction Plans 3 Engineers Estimate of Probable Construction Costs and Schedule City of South Miam i SW 7S'h Street Roadway and Drainage Improvements Project April 3, 2015 Page 2 "F¥UNINTERNAllONAlI HJ ROSS Bid Documents and S ecifications Construction Administration Documentation V. SCHEDULE OF SERVICES CONSULTANT shall perform the Work as depicted in the table below following receipt of a written Notice- to-Proceed from the CITY. SCHEDULE OF WORK Task Duration Projected Projected Task Name and/or Activity Description work No. days Start Date Finish Date 1-3 PHASE III : Final Design / Construction Document 90 TBD TBD Development 4 PHASE IV: Bidding and Negotiations Phase 30 TBD TBD 5 PHASE V: Construction Administration Phase 90 TBD TBD VI. COMPENSATION CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum, Fixed fee of Twenty- Eight Thousand Three Hundred and Forty Dollars dollars and 00 cents ($28,340.00). In addition, optional services will be provide at the request of the City according to the amounts shown below. SUMMARY OF COMPENSATION Task # Task Name and/or Activity Description Fee Amount Fee Basis 1 Topographic Survey $3,900.00 Lump Sum, Fixed 1 Geotechnical Investigation $1,900.00 Lump Sum, Fixed 2-3 PHASE III: Final Design / Construction Document $22,540.00 Lump Sum, Fixed Base Project Total = $28,340.00 Lump Sum, Fixed Optional Services 4 PHASE IV: Bidding and Negotiations Phase $1,480.00 Hourly Rate, Not to Exceed 5 PHASE V: Construction Administration Phase $8,820.00 Hourly Rate, Not to Exceed Optional Services Total = $10,300.00 Hourly Rate, Not to Exceed VII. ALLOWANCE FOR ADDITIONAL SERVICES Additional services not specifically described under "Scope of Professional· Services" will be performed upon written approval, and will be billed at the hourly rates shown in Section 4 of the AGREEMENT. CONSULTANT may use the Allowance for Additional Services requested in writing by and at the discretion of the CITY. VIII. SERVICES NOT INCLUDED The following services are not included in the Scope of Work for this project: 1. General Engineering services as identified in section 2.1 of the AGREEMENT other than what has been described above. 2. Basic services identified in section 2.2 of the AGREEMENT other than what has been described above. City of South Miami SW 78th Street Roadway and Drainage Improvements Project April 3, 2015 Page 3 "F¥UNINTERNAllONAL I HJ ROSS 3. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT other than what has been described above. 4. Environmental Services IX. INFORMATION TO BE PROVIDED BY THE CITY CITY agrees to provide, if available: 1. As-built plans of existing City-owned facilities with elevations of underground utilities. 2. Any available surveys, or environmental information for the project area X. PROJECT MANAGER Work Order assignment will be Francisco J. Alonso, P.E. Prepared by: Approved by: Ricardo A. Ayala, PE Project Manager City of South Miami Public Works Department City of South Miami SW 7S'h Street Roadway and Drainage Improvements Project 4-3-2015 Date Date April 3, 2015 Page 4 EXHIBIT B -WORK EFFORT AND COST -PRIME CONSULTANT Name of Project: SW 78th street Roadway and Drainage Improvements Project -Proposal for Engineering Services Proiect N ..... STAFF CLASSIFICATION Job Classification SI'" Applicable Rate Work Activitv Phase III: Final Design and Construction Documents Key Sheets General Noles and Quantity Takeoff Typical Sections Project Site Plan and Geometry Project Plan ~nd Profile Project Details MOT Notes Permitting Assistance Project Specifications and Bid Package Estimate of Probable Construction Costs Optional Services Phase IV: Bidding and Negotiations Phase Phase V: General Admin of Canst. Contract Shop Drawing Reviews and RFI Field Inspections and Meetings Contract Adminstration Total Staff Hours Notes: Total Staff Cost Total % of Work by Classification Survey (3 man crew) Survey (4 man crew) Sheets 1 1 1 1 2 2 1 Project Manager Engineer Rate: $150.00 Rate: $110,00 M-H Cost M-H Cost 1 $150 2 $220 1 $150 4 '440 1 $150 8 '880 2 $300 8 '880 8 $1,200 16 $1,760 2 $300 4 '440 1 $150 4 ,440 2 $300 8 '880 4 $600 12 $1,320 2 $300 8 $880 4 $600 8 $880 2 $300 12 $1,320 2 8 2 8 34 110 $4500.00 $10,340.00 10% 33% Survey Field Days for Subconsultant 3 -Person Crew 4 -Person Crew 3-man crew days@ 4-man crew days@ 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee, 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3, The basis for work activity descriptions shall be the FICEfFDOT Standard Scope and Staff Hour Estimation Handbook. Fee Estimate for 78 ST Fee Sheet-Prime (F) Senior Draftsman Rate: M-H 4 8 16 20 40 16 8 4 4 120 3S% $90.00 Cosl $360 $720 $1,440 $1,800 $3,600 $1,440 $720 $360 $360 $10,800.00 , , Construction Inspector Rate: $100,00 M-H 64 8 72 21% /day /day Cost $6,400 $800 $7,200.00 Rate: M-H Rate: Rate: Cost M-H Cosl M-H Consultant Name: TY Lin International f HJ Ross Consultant No.: Date: March 25, 2015 E' '-;0'"''',,,,,,. r'<I"'-'O>"'u .... M'U,,;:'U, r I;;; Staff Hours By Cost M-H Cost Activitv SUBTOTAL FEE: Subconsultant: Sub1 Subconsultant Sub2 Subconsultant Sub3 Subconsultant· Sub4 SubconsuJtant· SubS SUBTOTAL FEE: 7 13 25 30 64 22 13 14 20 10 12 14 74 18 336 Check" Check" Surveying Services -Avino and Associates Geotechnical Services -NV5 SUBTOTAL FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL FEE: Sol"" Cost By Activitv $730.00 $1,310.00 $2,470.00 $2,980.00 $6,560.00 $2,180.00 $1,310.00 $1,540.00 $2,280 $1,180 $1,480 $1,620 $6,400 $800 $32,840.00 100.0% $32,840.00 Average Rate Per Task #DlVfO! $104.29 $100.77 $98.80 $99.33 $97,74 $32,840.00 $32,840.00 $32,840.00 $3,900.00 $1.900.00 $38,640.00 $38,640.00 CCNA Traffic and Transportation Task Schedule Consultant Name Executed PSA Traffic Calming Improvements Drainage and Roadway Study Design Design Ty Lin International Yes Aug-13 Apr-15 The Corradino Group Yes Aug-13 Sep-14 Marlin Engineering Yes Aug-13 Sep-14 CH Perez and Associates Yes Oct-13 Apr-15 UR5 No (in process) RESOLUTION NO.: 151-13-13969 A Resolution authorizing the City Manager to 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 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., for the following professional services: Architecture, Civil/Environmental Engineering, Structural, and Traffic & Transportation Engineering. WHEREAS, the Mayor and City Commission desire to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural, Traffic and Transportation Engineering; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City solicited qualification from interested firms and the City's review committee conducted a thorough review of the 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 hourly billing rates and the following firms have agreed upon the hourly billing rates disclosed in the Professional Service Agreement request for qualifications; 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.; and WHEREAS, the Mayor and City Commission desires to authorize the City 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: The City Manager is hereby authorized to execute the form of the professional service agreement that is attached, for the negotiated hourly rates in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act) with 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 Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6 th day of August ,2013. MAyo COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea TO; FROM: DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 751h Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander, City Manager Jorge L. Vera, Capital Improvement Project Manager August 6, 2013 20", /5 . Resolution: A Resolution authorizing the City Manager to 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 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., CH Perez & Associates Consulting Engineers, Inc., for the following professional services: Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Background: On June 4, 2013, .. the City Commission approved a resolution (#120-13-13938) authorizing the Ciiy Manager to negotiate hourly billing rates and to execute a Professional Service Agreement with the firms that were selected from our request for qualifications RFQ # PW-S2013-04 for Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Of the 24 firms selected, City staff has met with and reviewed the proposed hourly billing rates for the above referenced firms. After negotiating an acceptable hourly billing rate with the firms, the firms entered into a Professional Service Agreement in order to provide professional engineering services to the City at the agreed hourly billing rate for future projects. In an effort to provide transparency and accountability, the hourly billing rate per job classification is based on FOOT's Consultant Wage Average Report for the period of May 2012 to May 2013 is attached. The report is based on an FOOT yearly data collection and analysis of the prevailing hourly wage rate by job classification within different geographical areas in the State. Our geographical area is within District 6 which encompasses Miami-Dade and Monroe Counties. The rates in the report are negotiated unloaded rates which provide personnel hourly billing rate per classification excluding company overhead and benefit. To the hourly negotiated unloaded rate, each firm adds a multiplier for the company's overhead and benefits. The multiplier in District 6 ranges from 2.5 to 3.1, depending on the size of the firm. Please find below the firms that have submitted a signed Professional Service Agreement, which includes their negotiated hourly billing rate plus the multiplier. Upon further future negotiations, additional firms will be presented to the City Commission for 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 approval of the Professional Services Agreements by the City CommisSion, City staff will request quotes for City projects from Individual firms on a rotating basis and In accordance with Florida Statutes 287.55 CCNA. The quotes will be negotiated based on the scope of a project, duration and the contractual hourly billing rate. Upon the City staff negotiating a final cost to perform the required project, a resolution will be presented to the City Commission for their approval. Please note that the execution of these Professional General Service agreements does not commit the City to any maximum amount of fees nor guarantee any work.' Attachments: Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CO Listed consultant hourly billing rates FOOT Consultant wage average report Resolution 120-13-13938 Sunbiz • • • PROFESSIONAL SERVICE AGREEMENT General Traffic and Transportation Engineering Services '. • THIS AGREEMENT made and entered into this 14'" day of June. 2013 by and between the CITY OF SOUTH MIAMI. a political ~ubdivision of the State of Florida and T. Y. LIN INTERNATIONAL I H. J. ROSS authorized to do business in the:State of Florida. hereinafter referred to as the "CONSULTANT'. . . In consideration of the premises and the mutual covenants contained in this AGREEMENT. the CITY OF SOUTHJ1IAMI. through its City Manager. agrees to employ the CONSULTANT for a period ending on 1l1J~ 4>. 2016. and the CONSULTANT agrees to be available. continuing basis. to perform professional services in connection with project(s) .where the basic estimated construction costs of each individual project does not 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 1.1 The CONSULTANT may be award.id work and issued a Notice to Proceed to provide professional services for a project, for a portion of a project, or for discrete tasks on a project. Additional Professional Services. for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1,2 A Notice to Proceed will be issued oli an as needed basis at the sole discretion of the City Manager. or his deSignee. hereinafter~eferred ·to as ·"CITY". The City'of South Miami reserves. at all times. the right to perform any and all engineering work in-house or with .. other engineers. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the 'City of South Miami. nor does it obligate the City of South Miami in any manner to guarantee work for the CONSULTANT. The CONSULTANT may subm,it proposals for any professional services for which proposals may be publkly solicited by the City of South Miami outside of this AGREEMENT. 1.3 The CITY will confer with the CONSULTANt before any Notice to Proceed is i~sued to discuss the scope of the work; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANTS time and services hi .. connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSUL TANT plans and other data available in the CITY files pertaining t6 the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes. promptly after each meeting at which the CONSULTANTS presence is required. Professional Service AGREErv1ENT Tpepe@12-31-12(Rev;sedSK4-3-13,OM6-8.13) 1.7 The CITY may deSignate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. I.B The CITY agrees to issue all directives and approval in writing. 2.0 Professional Services 2.1 General Services The professional services to be provided by the consultant may be one or more of the following, and include but not limited to: 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 building and facilities. 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 storage tanks, 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. F. Architectural Services to provide drawings and specifications for new constructions as _welLas addit~oO~,a~~:rencOv;tY9:~si:att5l~d;m~e~in~svyi~£iEYcs.ta,fI~~~pI':~e.n.ta,ti()ns!() C~ty~ .. ·Commlssion; 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 Surveying and Mapping Other incidental services associated to the above items. Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13,OM6-8-13) • • • • 2.2 Design & Construction -Basic Services The Basic Services. for design and construction. consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY. the CONSULTANT agrees to provide complete professional services for any portion or all of the six Phases outlined below applicable to its profeSSion. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project, the lead CONSULTANT. as designated by the CITY. shall prepare the final bid package including bid documents and specifications. which shall be prepared by. and be the responsibility of the respective diSciplines. 2.2.1 Phase I-Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user to determine the full scope of the Project that will meet the program requirements. and shall advise the CITY if. in the CONSULTANT'S opinion. the allocated funds are adequate to accomplish the program requirements. as defined by an individual purchase order for the specific work to be performed. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule). Planning Summary (unless advised otherwise). Schematic Design Studies (unless advised otherwise) as defined below. and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design. bidding. construction. and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation. and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans. elevations. sections. etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch. rendering. model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate 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 to the Board at no 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. Professional Service AGREEMENT Tpepe@12·31·12(Revised SK 4·3·13. GM 6·8-13) • I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees. contingencies (if any). escalation factors adjusted to the estimated bid date. movable estimate (if any). and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis ofthe CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional. familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase. without additional charge, for approval by the CITY and it shall not proceed with the next Phase until directed by the CITY in writing. 2.2.2 Phase II -Study and Design Developm':'"t A. From the approved Schematic Design documents. the CONSULTANT shall prepare Design Development Documents. comprising the drawings. outline speCifications and other documents to fix and describe the size and character of the entire -Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated). Outline Specifications. Updated Statement of Probable Construction Cost, and Design Development Drawings. etc .• as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds. feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase. without additional charge. for approval by the CITY and not proceed with the next Phase until directed by the CITY in writing. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase 111-Final Design I Construction Documents Development A. From the approved Design Development Documents. the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders. Conditions of the Contract, and Complete Drawings and Specifications. The CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms. Instructions to Bidders. conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications. for completeness prior to use and shall supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work. notes, and dimensions when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ("D" size), on the CITY's standard sheet format, unless approved otherwise. Professional Service AGREEMENT Tpepe@12·J1-l2(RevisedSK4-3-13.GM6-S-B) , • • • C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I. Non-drawing submittals in Microsoft Office Word format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion' in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 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 of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of the final draft of all drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. 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 do not alter the scope of the project as determined under paragraph 2.2.1 A. The I 00% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY drawings and specifications, without additional charge to the CITY for bidding purposes, unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" andlor make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV -Bidding and Negotiation Phase: Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13,GM6-8-13) • A Upon obtaining all necessary approvals of the Construction Documents. and approval by the CITY of the latest Statement of Probable Construction Cost. the CONSULTANT shatt furnish the drawings and specifications as indicated above for bidding. and assist the CITY in obtaining bids as well as awarding and preparing construction contracts. The CONSULTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally. evaluate and issue a recommendation to the CITY after verifying bond. insurance documents. questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriate to clarify. correct or change Bid Documents. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification. the CONSULTANT shall assist City in developing qualification criteria. review qualifications of prospective bidders. and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: I. Approve the increase in Project Cost and award a construction contract or. 2. Reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality. or both. as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project, or 5. Exercise all options under the City Charter and State Law. NOTE: Under item (2) 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 when the lowest responsible bid is over 15% of the CONSULTANT estimate. All construction contracts l1!u!t_b~,;apprQved ;bYcthe;C:ity,C:_om_rtlis.~ion_~ft"r:,th",<::i1:y~\OI;Irq~,.tJ:t"s()I1~ra<:tf()rc;.9QIl)!l}issio.n .. approval. E. For the purpose of payment to the CONSULTANT. the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V General Administration of the Construction Contract: A The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT. as the representative of the CITY during the Construction Phase. shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract . . Professional Service AGREEMENT Tpepe@12-31-12(Revi,edSK4-3-13.GM6-8-13) • • • C. The CONSULTANT shall attend pre-construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on-site observations. the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on-site observations to check the quality or quantity of the WORK as set forth in this AGREEMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely. accurate. and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated. and the quality of the WORK is in accordance with the Contract Documents subject to: An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. 2 The results of any subsequent tests required by the Contract Documents. 3 Minor deviations from the Contract Documents correctable'prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK. which does not conform to the Contract Documents. Whenever. in its reasonable opinion. the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. Professional Service AGREEMENT Tpope@12-3l-l2(RevisedSK4.3.13.0M6-8-13) 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 observations or the requirement of the CITY. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall prOVide assistance in obtaining Contractor's compliance with the Contract Documents relative to, I) 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. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. 2.2.6 Phase VI -Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY. reproducible record (as-built) drawing:; updated based on information furnished by the Contractor: such drawings shall become the property of the CITY. C.oc. . Tbe CONSMLTANTshall-.assist_in:.the-:inspectio[\;.;of:.the:.WORKcone;.month_before::the: expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" that will include, as a minimum. a copy of: • Certificates of completion • As-Builts (112 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable • Final release of liens • Final payment to contractor Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13, OM 6-8-13) • " • 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction. as defined in this AGREEMENT. but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs. and special programming requirements for a project. B. Financial feasibility. life cycle costing or other special studies. C. Planning surveys. site evaluations. or comparative studies of prospective sites. D. Design services relative to future facilities. systems and equipment. which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof. or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material. equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK. providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project. to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control ofthe CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces andlor scheme or any portion). J. The services of one or more full-time Project Representatives. K. Preparing to serve or serving as an expert witness in. connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data. draWings. and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the control of the CONSULTANT. 3.0 Time for Completion P(ofessional Service AGREEMENT Tpepe@12·31·12(RevisedSK4-3-13. GM 6-8-13) The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination. stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Up.0n AGREEMENT of a fee. the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency. the CITY reserves the right to issue oral authorization to the CONSULTANT. with the understanding that written confirmation will follow immediately thereafter as possible. For reproduction of plans and specifications. beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or a combination thereof. as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT: Hourly rate fee: The CITY agrees to pay. and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT. fees in accordance with the following: Category Principal Project Manager Senior Engineer Engineer Construction Manager ._,<:;()l1s~r!l_cti9011'!~P!'Q:19n,_. ___ , _ Senior DraftsmanlT echnicallCADD Operator Draftsmen Data Processing I Clerical Hourly Rate $165.00 $150.00 $125.00 $110.00 $140.00 ,.~.'c,. $lQQ.QQ, .. _, ___ ,_,_, __ $90.00 $70.00 $50.00 Hourly rates will include all wages. benefits. overh ead and profit. 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified. such payment shall, in the aggregate. not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: • 15% • 35% • 55% Phase III. upon completion and approval of Phase I. upon completion and approval of Phase II. upon submittal and approval of 50% complete drawings and outline specifications of Professional Service AGREEIvffiNT Tpepe@I2-31-12(Revised SK 4-3-13, OM 6-8-13) • • • • 75% upon 100% completion and approval of Phases III and IV. • 90% upon completion of the Project and approval of all WORK Phase V). • 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by 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), if applicable. • Percent of work completed. • Amount earned. • Amount previously billed. • Due this invoice. • Balance remaining. • Summary of work done this billing period. • Invoice number and date. • CONSULTANT'sW-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 reasonable satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this sectiOn shall mean to deny the right to arbitrate, by either party, in accordance with the appropriate Arbitration Rules of the American Arbitration Association. 7.0 Ownership of Documents All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this A(;REEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances, Conferences and Hearings Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13, GM 6-8-13) Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9.0 Notices Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or its authorized representative. 10.0 Audit Rjghts The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. I 1.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 12.0 Warranty _IheccQNSUf..JANI:Wllrri!o!$;tbat·ltJJascnotcemplQ)(ed:Q(J:etained:any:cornpany.:.or:person, :other:._ than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT 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 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 by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. Professional Service AGREEMENT Tpepe@12-31-12(Revised SK 4-3-13, GM 6-8-13) • • • • 14.0 Duration of AGREEMENT This AGREEMENT is for a time period of three (3) y~ars, commencing upon approval and execution of AGREEMENT. This AGREEMENT shall remain in force until the actual completion of performance of a given project awarded to the CONSULTANT, or unless otherwise terminated by the CITY. 15.0 Renewal Option This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional period not to exceed a total contract period, including renewals, of one (I) 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 CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 17.0 Insurance and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance and Indemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 19.0 Codes. Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign. all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state, andlor local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 Drug Free Workplace CONSULTANT shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this AGREEMENT by reference. Professional Service AGREEMENT Tpepe@12-3I-l2(RevisedSK4-3-13, GM 6-8-13) 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. 23.0 Duties and Responsibilities CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws. rules. regulations. and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 24.0 Licenses and Certifications 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 that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this AGREEMENT shall be valid unless made in writing and signed by both parties hereto. and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 lury Trial CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 Validity of Executed COj;>ies ._ .•........•.... _._ .. " .. , _.. -... '" ","C"_",y __ ,"", _.~ ___ ,_, This AGREEMENT may be executed in several counterparts. each of which may be construed as an original. 28.0 Rules of Interj;>retation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall. to any extent, be invalid or unenforceable, the remainder of this AGREEMENT. or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. Professional Service AGREEMENT Tpepe@12·31-12(RevisedSK4-3-13,GM6·8-13) • • • • 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination No action shall be taken by the CONSULTANT which would discriminate against any person on the 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 32.0 Equal Employment In accordance with Federal, State and 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 of the Americans with Disabilities Act (ADA) during the performance of this contract. 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 not become effective and binding until it has been executed by both parties hereto and the effective date shall be the 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, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights 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 AGREEMENT. Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13,GM 6-8-13) • 37.0 Time of Great Importance Time is of great importance in this AGREEMENT and the CONSULTANT shall perform its services as expeditiously as is consistent with consistent with good engineering practice. applicable standards of professional skill. care and diligence and the orderly progress of the Work and in accordance with the time limits established in the Schedule. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto. regardless of who was more responsible for its preparation. 39.0 Force Majeure Neither .party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God. civil commotion. strikes. labor disputes. or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any 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 on the date shown on the delivery confirmation or if by certified mail. the date on the return receipt or the date shown as the date same was refused' or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: . : ................. : .... Withcopiesby:US,mail to;. To CONSULTANT Professional Service AGREEMENT Tpepe@12-31-12(RevisedSK4-3-13,OM 6-8-13) City Manager. Steven Alexander 6130 Sunset Dr. South Miami. FL 33143 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov . '" .City.Attocney.CfhomasPepe;:Esquire: .. 6130 Sl,lnset Dr. South Miami. FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Project Manager. Francisco J. Alonso. PE T Y Lin International I H J Ross 20 I Alhambra Circle Suite 900 Coral Gables. FL 33134 Fax: (305) 567-1771 . E-mail: falonso@tylin.com • • 20 I Alhambra Circle. Suite 900 Coral Gables. Florida 33 134 Fax (305)567-1771 E-mail: falonso@t;ylin.com • eement is accepted on the date first above written subject to the terms and conditions set fo CONTRACTOR Signature: Name: ---4~~~ ~~~~ Title: ATI ,,".W~ ~ (1(b...,~ a Menende . Clerk Page 17 of21 Professional Architectural and Engineering Services Tpepe©12-31-12 (Revised SK 4-3-13) Request for Qualification • Attachment A Insurance and Indemnification Page 18 of 21 Professional Architectural and Engineering Services Tpepe©12-31-12 (Revised SK 4-3-13) Request for Qualification • • • • Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page 19 of 21 Professional Architectural and Engineering Services Tpepe© 12-31-12 (Revised SK 4-3-13) Request for Qualification Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page HoflO Professional Archltectunl and Engineering Services TpopeCl1-3I.12 (RevInd SK <l-3-U) Request for Qualification • • EXHIBIT 1 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS • I. Respondent's Sworn Statement Under Section 281.133(3)(A). Aorida Statute.. on Attachment t# I "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the propos.1 submittal. 2. Neither the indivldual(s)/firm, nor any of his/her/its employee. shall be permitted to represent any client before the Commission or any Committee, department or agency of the, City, and shall agree not to undertake any other private representation which might create a connlct of interest with the City. The Indivldual(s)lf1rm may not represent any Commission member, Individually. or, any member of their family or any business In which the Commission member of their family has an Interest 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or CIty Manager may adopt .t either of their sole discretion. The Indlvidual(s)/flrm selected will be required to enter Into a formal agreement wldl the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, Including the right to change lIS selection. 4. Respondent's Attachment til "Drug Free Workplac:e" form shall be completed and provided with the proposal submittal. S. Respondent's Attachment #l "No Conflict of InterestiNon Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "ACknowledgement and Conformance with OSHA Standards," shan be completed and provided with the proposal submittal. 1. Respondent's Attachment #5 "R.lated Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 oflO • ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the prevision. of Paragraph (2) (a) of Settion 287.133, Florida State Statutes -"A person or aflliiate who has been placed on the convicted vendor list foliowillJ a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a CClOtract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public: entity, may not be awarded to perform work.as a Contractor, SUpplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entll)' In excess of the threshold amount Catelory Twa <If Section 287.017, Florida Statutes, for thirty six (36) month. li'om the date of belnl placed on the convicted vendor list". The award of any contract hereunder Is subject to the provisions of Chapter 112, Florida State Statutes, BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who Is also an offlcer or employee of the City of South Miami or Its 1I0ncles. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORlPA STATUTES, ON PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I, This sworn statement Is submitted to:-:,.-C;"I\y.:....:.Of.,;S..;,OU;"lh,..M;"Ia;"m;,.I."...._::--:,.-____ _ [print name of the public entity] by Joe l. Gomez, PE, Vice p,..lden1 [print Individual's name and title] for T.V. Lin Inle,nollonall HJ Ross [print name 01 entity submlttillJ sworn statement] whose business address Is 201 Alhambra Circle, Sullo 900, Coral Gables, Florid. 33134 .and (If applicable) Its Federal Employer Identification Number (FEIN) 15.",9",4,..:-1:::598",7;,;0",7.,.-, __ .,-,.. (If the entity ha. no FEIN, Indude the Social Security Number of the IndlvldUllI sllnlng this sworn Statement: .) 2. I understand that a ·publlc entity crime" as defined in Parasraph 287.133 (I)(g), fl.orIlIa Stat\JW, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an lIency or pOlitical subdivision 01 any other state or of the United States, Including, but not limited to • any bid or contract for goods or services to be provided to any pubnc entity or an lIeney or political subdivision 01 any other State or of the United States and Involvln, antitrust, lraud, theft, bribery, collusion, raeketeerillJ, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convlcdon" as defined In Paragraph 287.133 (I)(b), Florida Statutes, means a flndlllJ ol,uilt or a conviction of a public entity crime. wIth or Page ZoflO • • • without an adjudication of guilt, In any federal or state trial court of record relating to charges brought by Indictment or Information after July I, 1989, as a result of a jury verdiCt, non-jury trial, or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined In Paragraph 287.133 (I)(a), Flodda Statutes. means: (a) A predeces.or or .uccessor of a person convicted of a public entity crime; or (b) An entity under the contrDI of any natural person who Is active In the management of the entity and who has been convicted of a public entity crime. The term Uafflilate" Includes those officers, directors. executives, partners. shareholders. employees, members, and agents who are active In the management of an affiliate. The ownership by one per.on Df shares constituting a controRlnllnterest In any person. or a pooling of equipment or incDme among persons when not for fair market value under an arm's length agreement, ,hall be a prima facie case that one person control. another person. A person who -knowingly enters into a ]olnt venture with a person who has been conVicted of a public entity crime In Florida dudnl the preceding 36 months .hall be conSidered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I)(e), Florida Statute', means any natural person or entity organiud under the laws of any state or of the United State. with the legal power to enter into a binding contract and which bids or applle. to bid on contracts for the provision of goods or services led by a pUblic entity, or which otherwise transacts Or applies to transact business with a public entity. The term "person" Includes those officers, director., executives, partners, shareholders, employees, members, and acents who are active in management of an entity. 6. Sased on Infonmatlon and belief, the statemeilt which I have marked below I. true In relation to the entity submlttlnl this sworn statement. [Indicate which .tatement applies.] _x_ Neither the entity submitting this sworn .tatement, nOr any of its officers, directors, executives, partners, shareholders, employees. members, or agent. who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime .ubsequent to July I, 1989. __ The entity submitting this sworn statement, or one Or mare of its officers, directors, executives, partners, shareholder •• employees, members, Or agentS who are active In the management of the entity. Or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting thl. sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employee .. members, or agents who are active In the management of the entity, or an aflliiate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Oftlcer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not In the public Interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the flnal order.] Pege30flO 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 VAllO THROUGH DECEMBER 31 OF THE CALENDAR YfAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM I\EQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Swom to and subscribed before me this _x_ Personally known or Produced Id,ntlftcadon (Type of identification) 26 _-:-_____ • 201~ Notary Public -Stite of _FIO_rl_dO _____ _ My commission expires f/-d-;w,4 (Printed, typed Or stamped commissioned name of nOla/')' ptilllc) form PUR 7068 (Rev.06II 1192) ~ (/~~) ~:.~~ IN'" 114181(0 oM' UYI:OIIIIIS81O!11EEOI14111 1! fXPlRfS:A."dI.1014 .... -~ ..... ....,- Page 4 of 10 • • " AlTACHMENT f/I1. "DIIUG FII!! WOIIKPLACE" Whenever two or more Bids which are equal wllh respect to price, quality and servICe are received by the State or by lIlY political subdivisions for the procurement of commodldes or contractual serIIces, a Bid received from a business that certifies that It has Implemented a d.,..-free workplace prOBram .haH be liven preference in the award process. established procedures for processing tie BId. will be followed If none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace proarun. a business shall: I. Publish it statement notifying employees thltthe unlawful manufacture. distribution. dlspenslns. pos_slon. or use of a controlled substance I. prohibited In the workplace and speclfyln. the actions that Will be taken apInlt employees for violations of such prohibition. 2. Inform employees about the danlen of drug abuse In the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling. rehabilitation. and employee .. slstance proarams, and the penalties that may be Imposed upon employees for drug abuse vlolatlonl. 3. Givi tach employee e"PIed In proViding the commodities or contractUal services ttlat are under Bid a copy of the statementspeclRed In Subsection (I). .... In the statement speclfled In Subsection (I). notify the employees, that, as a condition of worldn, on the commodities or contraCtUal services that are under BId, the employee . will abide by the terms of ttl. statement and wilt notify the employer of any conviction of. or plea of lIullty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any sta .... for a violation occurring In the workplace no later than five (5) days after such conviction. 5. Impose. unction on, or require the satlsfactory partldpatlon in a drug abuse assistance or rehab1lltltlon proaraJn, If such Is available In the employee's community, by any employee who Is so convicted. 6. Make a good fallh effort to continue to maintain a drug.free workplace through Implementation of this section. N the person authorized to sl", the ~~ent, 1 certify that this firm complies fully with the above reqUirements. PROPOSER.'s Signature: Print Name: PE. Vloo PreBlclenl --~~--~~--~------- Date: _....:.;A"'prl.::.12::.:8::.;. 2::.:D"'IS"-_______ _ Pago!loflO • AlTACHMl!HTII#l "No CONFLICT OF INTEIlESTfNON COLLuSION AFFIDAVIT" Submitted thl. ~y of,_~AP,",ri,-1 _____ -'.20"'0""6-,---' The underslped ... Bldcler/p..,pooer. declares mat the only persons in ..... ted in dill RFP Ire named herein; that no odIer penon has any interest I. this RFP or In tire Contract IX> which this IIFP pertains; that dli. respon .. is mode without connectlo. or .... nxem •• t with any oilier penon; Ind that this ~nse is i. rNel"f res!"''' fair Ind mode In &Gad midi. without colluslo. or mud. The BldderlProposor ....... If dill response/submission is acc:epted. to _ .... In approprl .... CITY document for the purpose of "lab/lshi",. fatmal contrlcual .. ladonshlp between die Bldder/Proposer and the CITY. far the performance of all requirements to which the responsellubml,slon pertains. Th. Bidder/Proposer Itltes that thl. res".,..... .. bosed upon the documellts identified by the fallowing number: BIdIRFP The full-nama and residences of penon. and flrm. Il\1Ieresced in the foregolnl bidlproponJ. .. principals. ar. II follows: MarIano Valle, PE 201 Alhambra Clrcl. FL 33134 Richard Waters, PE 201 Alhambra Circle Coral Gables FL 33134 Joe L. Gomez, PE 201 Alhambno CIrcI. CoraIG.bl .. FL 33134 The lIIdderlProposer further certifies that thi. response/submission complies with sectfon .f{c) of me CI1arter of the CItY of MIam~ Florida, that, to the best of Its knowledge and belief. no Commlsslaner. Mayor. or other ofIIeor or employee CITY hal an rn-dlrtedy or IndIrtedy In the profits or emoluments of the Contract, Job, which the responseIsubmlsslon penaIns. PrfnbldName: ~~~~ ______ _ TItle: Vies P",lIdent Teleph.... (30e) 687-1B88 Compeny Name T.Y, Lin Inlernationall HJ Resl Pasc 6 ofll • • • • NOTARY PUBUC: STATE OF Florida ------- COUNTY OF Mlaml-Oado --,~.:c..-___ _ The "rqol", 1_ WU Idcnowl.1Ipd before me tills. ~day of April • lO~ b~:-J>!!O;! • .!oL;.!G!!lO!.!lm!!l.z,--_________ (nam. of per",n whose sIJIIlture I. bel", nollJ'lHd) who Is SEAl. _x_ Personally known UI me, or Peroonalldendftcadon: Type of Identlftcadon Produced x DId take an oath, or Old Not. an Old!. ~;L~n~~ or ewe u commissioned.) FAIlURE TO COMpLm.SlGN. A REIU!tN THIS fORM MAY D1SOUAUf'( YOUR RESPONSE. Pago 7 oUO • ArrACHMEtO" #4 "ACKNOWLeDGEMENT AND CoNFOIIMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, T.Y. Un International I HJ Roo. • (Name of Conuaaor), hereby acknowledp and ...... that as Contr'lctOr'S for thefonltarial Ser .1 ••• RIP, as specified have the role responslbillty for compliance with all the requlnomentl of the Federal Occupational Safety and Health Act of 1970, and all State and local lllety and health reaulatJons. and ...... to Indonnnify and hold harmless the City 01 South Miami aplnlt any Inri 01\ aablllty, claim .. rIuoqe .. 10 .... and expen ... they may Incur due CO the failure of (Iu~ontraemr'. names): (Requeat (or Qualification; Prof.atlonsl Arch1tecture. Landscape Architecture, ·CMllEnvJronmental Engln",In;. Traffio Englnearing & T"l\IIfIartatlcn Engineering SeNlocB Vertical V Soulll.lat Avina and ABaoolatoo to comply with .uch aet Or ' .... 110 •• CONTRACTOR. T.Y. Lin Internatlonlll HJ Rots ViOl Prwlident Title FAILURE TO COMP!.ET£ SIGN. & 8ETU8N THIS fORM HAY D!SOUAUFY YOUR. RESI'QNSE Paae 8 of 10 • • ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" --,J::O","",l::._ "'G"'om="z::."'P"'E'-____ ~ Individually and on behal' of T.Y. Lllllntemalionall HJ ROS8("Flrm") Name of,*"renrltt1lM 'om~nyNefldfH"EnfIfy h.ve read the City of South Miami ("Cit''')'' Cod. of EtI1Ic .. S..uon SA-I of tho CIty'. Cod. of Ordinanc .. and I har.by c:ertiljl. under penalty of perjury th.t tc tho be .. of my knowled,o,lnfonnatlon and belie!! (I) neither I nor the Firm haye any confllct of Inter.lt (as defined in sed;lon SA·I) with reprd to the contract or business 'that I, androt the Firm, am(ar-e) about to perform for. 01' to tranllct With, the aty. and (2) neither I nor my employees. officers. directors of the firm. nor anyone who hJS a flnandal interest a""tor than 5% In tho Finn. hal anJ'relatl.e{.). II defined In 'eedon SA-I. who Is an employee o( the C;:ltr or who I.{are) on appointed or eI_ed oIIIelal 01 the Oty. cr who Io(are) a memb .... 01 any puillie bodr crelted by the City CommissJon,l,t" a board or committee of the Oty. and (3) neldter I nor the Firm. nor Inyone whD has a financial Interest lI'eater than 5% In the Finn. nor any member of those penons'lmmedlate family (i ... , spouse, parents, children. brothera and sisters) has tran_d or entered Into any <ant_tI,) with the Cltr or has • flnond.llntere.~ direct cr Indirect. In any bu.ln ... belllS nn,acted with the.c:Itr. or with any .... 'on or ,,'ncy .. dill for the city, other than as follows: NotAPP1icab1e ' (use a. ,epante sh,et &0 supply additional Information that will not ftt on dlls line bue make nference to the additional sheet which mult be .I",od under ouh). South Miami (4) no elerted andlor app.'nted omdal or employee 01 the City 01 Mmnt. or aoy 01 their Immediate family members O.e.. spouse, parents, children, brothers and Sisters) hu a flnandall, Interest. dlreo:tly or Indirectly. In the eontrad; between you andlor your Firm and til. City ether th,n the loIIowIn& individUal. who.e lnerest I, set Iorth fellowlna their nomes: . Not Applicable (use II separate Sheet to supply addldonal Imormltion that will not fll on lhts line: but make reference to the oddldonaJ ,he.t which muS! b. II",ed under oath). The ..... s of all City employees and that 01 .. , .Ietted andior appointed cll)' oRidai. or board memb .... who own. directly or Indirectly •• n Interest 01 five per"'nt (5") or more of 'he total IS"" of "",ltaI stock In the flrm are II fellows: Not Applicable (ule I. separate sheat to supply additional Information that will not At cn this line ,but make reference to tile addidona.l sheet which must be signed under oath). (5) I and 'ho Firm further agree nat to use or _mpt to UI. lOY knowl"",e. property or resource which may come to us tbrolJlh our posttion of uust. or throu;. our performance of our dudes under the tenns of the contract with the City, to seeure a special privilege, beneftt. or exemption for-ounelves. or others. W, IIree that we mar not dlsdole or Use Informadon. not available to memben: of the lenen.1 public, for our pers.onai,aln or benefit or for the personal pin or benefit of an), ,odIer person or hU5iness entity, gotslde of the normal ,aln Qr b .. eflt antldpaed through the performance of the con1;rut. (6) I and the Firm hereby acknowledge that we have not contracted or transacted an)' business w1th the City or any penon OJ' agency acting for the Cllf. and that we haYe not appeared In ",,,. •• nta,lon ol.ny third party belaralny basrd. <ommluion or 'I .. ey cl .h. City within the pilSC two years olher than IS follows:, Not Appitoabte (use a separate sheet to lupply addidon.1 I.lormltlo. that will not flt on this lin. but make reler .. " to the .ddl~on.1 sheet which must be 'lined under oath). Neither' nor any employees, aMeen. or dlreaors of the Flrm. nor an1 of their immediate family (I.e"l u a spouse. son, dauahrar, parent" brother or sliMf') Is related by blood or mI.rl.,. CD' (I) any ...... b.r of the City Commh.lcn; (II) Iny dl)' empl.yee: or Olll,,,,y member ohny baird or "ont)' of tho City ethor than IS follow~ No! Applicable (use •• ops ...... "'eat to supply .ddIlionallnformadon ,hat will not ftt on thb n.e but make rolerente 10 "'" ad<lidonal shftt which must be .llned uncler oath). (7) No Other Firm. ncr any ollleer. or dlroelDn of the. Other Firm or anyone who h" a flnanml Page!laflO • :;:::::::;;;:::::-:;:-========1-. 'epo_ ~ to suppl, addldomllnlo ...... 1Ion d1ltwlll noc fit on IIIIs hno but mIke roIonn .. to "'" oddldonal ,heotwhlc:h musc b •• !&nod undor oath). (8) I ... d the Firm ....... thatw. VI ~ tosuppiom.nUhI. V .... fIc.~nfot'm and Inform die Clq 01 any chanp In d .... ~ that. wou!d ........ _on"*",,, to d11s cIocumenf, Spedft<a111.""" die openinJ of My rtspOfths to alOllcllOtIonol and ..... FItm haY. on obIJaa-· ... supPlement .... V.-Ilicodan 'ann with tile namo of 0I11ltIa*, Parties who have olIO rMpOnded to the ..... 0011_ and to dildo .. "," reladonllllp oftllOlO .... rtIes to m. and the Firm. ('1) AvioladGl! of tbaClIJ' ... Code. iii, aM~of • ., .... Inlotmidon ....... /jIjure to ~ iii" VlllftcadGl! hl:m.1!1aI' lubjectme CIrillo Firm to I.mmodlote torml ••• "" of any .,._ WIth",. CIty. and .... 1nq>ookIon of·tho.ml>iltnum.ftne .. dlor.., penaldO$ allowed by law. Addlllollally. ~olidoN.I!1aI'''' _d .... d by •• dl1lbJt<cto _ by iii. Mltml·Dade County ColM1llSlon on Elhlcs • • odor.thu I ha .. made a dllI_ effort to 1 .... tIpIie III. matte .. to which I ~1Il1oiiJ1j'0l1t1lm •. do_ .... truoond carACt tollle ..... 01 my 0. ... --'=== I"c---- ATTACHED, Soc. IA·I • Cantlie< ofln ... st Iftd codo of .... Ie. ordI ...... PIiiO 10oflO • .. RESOLUTION NO.: 120-13-13938 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", for the following professional services: Architecture, Landscape Architecture, CivillEnvironmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter Into service agreements for professional services for the following categories: Architeclure, Landscape Architecture, CivillEnvironmental Engineering, Traffic and Transportation Engineering; and . . WHEREAS, on April 26, 2013 a request for qualification RFQ #PW-S2013-04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty-three (33) firms; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the firms were ranked; and WHEREAS, the City selected a five (5) qualified firms for each category to provide the professional services to the City as follows; and . Civil 1. EAC CONSULTING, INC 2. CIVIL WORKS INC 3. ADA ENGINEERING, INC 4. SRS ENGINEERING, INC 5. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS Traffic & Transportation 1. TV LIN INTERNATIONAUHJ ROSS 2. THE CORRADINO GROUP 3. MARLIN ENGINEERING 4. C H PEREZ CONSULTING ENGINEERS, INC. 5. URS Architecture 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL & PARTNERS 3 SOL-ARCH, INC 4 R.E. CHISHOLM ARCHITECTS, INC 5 INDIGO SERVICE CORPORATION Environmental 1. R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3. STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC. 5. LANGAN ENGINEERING Structural 1. SRS ENGINEERING, INC 2. G BATISTA.& ASSOCIATES 3. STANLEY CONSULTANTS, INC Landscape __ 1. ___ O'LEARY..RICHARD8.DESI.GN .. &_ ... AssocIATES"- 2. BERMELLO AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 4. CURTIS + ROGERS DESIGN STUDIO, INC 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Cominission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW-S2013-04 in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act). • • • • • • • Pg. 2 of Res. No. 120-13-13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. Th Is resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4 th day of June Cl:· t2' . iCLThK~' ORM ECUTION ,2013. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea " 1'0.- FROM, O.ATE:. •• !. •. • • Clly of so.uth MIa.",! PUBLIC WORKS:& ENGINEERING DEPARTMENT . 47li5$W 75'" Avenue . . Mlaml,FL l:J1s5 Tel. (:i05) ~6$C6350Fax·(~d5)6(;8"7208: Steven Alexander, City Manager Jorge L. Vera, CapitallmprovemJ1nt Proj~ct M~'~~i!er June4, g012 . , .. . . ResolutiOn:. A Resolution, of the City of south M(ilt1)I"J;'IOrida;al1th:oiiijtig.tft~ :¢IW.fvl!lnBQe(tCi,lfegbtiatt> hourly rates· and to exeolite a profesSiorial.~erVioe· a9t~ernenlpi!>vi~ed :underlh1> Florida Slatyte. 281.0.5.5 (Consultant's .. Coilip'ltitfy''\N!agotl~tl~iJ, Ac;!) ·"t;;cNl>i',. for Architecture; Landscape .ArchltecMe;. CI\iillenvjtqtln;iebl~.lr:[igiliearjijg;· 'Tt.:Iffl¢a~d Transportation En'glheetrng professlonSI selVic.M. . ,. On April 26, .2013, the CItY recelveif:3S .sQII¢i.t?tiiips.Jn. r~~pons~. lor the request jar qu~/ifioation. RFQIIPW-S20rS-O.4 .. .f91· .Ar,bJ(eclure,La~d~cape AJI'hitecture, GivUlEnvironmenta! Engineering,· Tra(flci. M~' Tr~iisport~tiQn> :Engin~\ir(ng professional .selVlqes, . . .. Thelnlentof t~.e CCNA Is to s·elec.\ .PrQfessJ~nalseJVIGes bas-"d, on theqQaliftcatipns of the firUl,~itoO.ut considering the price .ofth6~ .'s<ilVice$'uo~1 ·after<th~.firm.s.bi:lv,e been rapked: Ranking: is. based 'on 'qualificatlons'aM' rleg(j\iaticil1$ hiNe be9U.n.Wvjtb·\he'l9p ranked firm. Professional design· services are definM •. liri~er)his •. lawJ9TncJ~~!1.:engineering, sUlVeying & mapping, .landscape architecture, and. arctriteolure.·Numerotissludies have shown Ihat selection based on qualifications provl.des. the owner with 0ptimul)1.seryi~si' w.l1:er.eaS selection based .on low price only assures' ihe oWner a! the least expensive initial design or study cosl, not nece.ssarily the best or tnostcost-effeCtiY6 overthe·life of the projem. Public agencies that use. qualiiications based selecticiri :under thl'. CCNA to procore . engineering selVlces are betfer able to control construc!ion costs and achieve .. a conslstenliy high degree of project sa\Waction than those using other procurement method.s. Therefore, ihe selection offirms -----.--.---,-------•• Y1i11 .• ~8.bfis_eEl_ 0n.~uaJjfI!:)\ltieo~an!;\.0ncaflrms.ilra-selecteddhe".compeiltiye.negotiations:. . .. for fees will occur. Further .. the Inlent of the CCNA legislation .has always bean to preclude'''price consideration" from entering into the selection process. The Florida Legislature clarified the statute in 1988 t6 state that·an "agency may request, accept, and consider proposals for the compensation 10 be paid under the contrCJct only during the competitive negotiation." In accordance with Florida Statute 287.055 (Consultant's Competitive Negotiation Act) "CCNA'\ the review committee ranked the firms· within the categories of Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. The top 5 firms for each category are lisled below in order of their ranking. • • 931Vli, :2;, E!AC CONStJLTIN~; IN.G C,IVIL WORKSINC ", ,3; A;O,,<I. E;JIIGINJ;Emlij:G.,If:!C 4:; ,SRS E:NGINI'!~l:\lNG, JNC:;, 5; RJ flEliAfC&:COMPAN'( INO.,ENGINEERS. PLANNERS, £nvlronmenta!., , , " " , " , t R;J,f)EHAR&¢OM?i)NVINP ,ENGINEERS., PLANNeRS 2:, ~IANS\il(p;WMjji\ssP¢IAl'J'.S"" ' , 3,: '" 'f\JIIL1;Y QqN$uLTA1'ITS, INC 4: BALJ"T);NVfR(iNME"'TA~,INC . . 6, LANGAN'ENGINEERING'" Slructjih\f " .{' sits E!NGiNEERING'IN<Y, 2, G; BAtisTA iii Ass.abiATES .-:\., S'''rlft.h:ir"Gi:; ...... ;.,;.);I~U'i ""'i\;j;:~T·~··rf.:iri ..... , ... IF"' ..... I-~ I \"f,",I~)~ ~ 1.(:\1:1 f.:.l, It~~ Lard"cage 1. O'LE!ARV RICHPiROS'OESIGN $.: ASSOCIAtES ,2~ BERMEl.lO AJAMIL:$,PARTNERS: ,3: ROSENBE;RG GARONERDESIGN 4,. C,URTI$.+ RQGERSDESIGN 'STUDIO; INc 5. K1M~EYHOR!'I& AssociATES • Clly slaff will be submitting, al a future regular Commission meeting. the completed Ptotessfonal.Geheral S~Nices Agreem,ents for CommiSSion apprbval; for each ranked firm, whichwillinciude negotiated hourlylates. The exec'ution blthese Professional General Service agreements does h6t commit ih" City' 10 any maximum amount of fees nor gUarantee any work. Upon selection of'the iirms, the City wiif n,egotiate, hourly: rates that are acceptabJe to,the City and WIthin industry slaMards. Upon the City and firm negotiating a cost to perform the reqUired scope of .a project, a resolution will be bro,Ughlbefore the City Comml~sion for approval of ,the, service agreement. Attachments: Proposed Resolution Evaluation selection sheet Slandard profeSSional service agreement • Detail by Entity Name Page2of4 10423 NW 56TH TERRACE MIAMI, FL 33178 tritle SEC PEREZ, JULIANA 10423 NW 56TH TERRACE MIAMI, FL 33178 tritle VP NUNEZ, FRANCISCO L ~630 SW 145TH AVE. MIAMI, FL 33175 ~itle VP FRANCIS, CARLOS 9594 NW41 ST DORAL, FL 33178 ~itle D V>-GUILAR, RAFAEL S 9594 NW41 ST DORAL, FL 33178 Annual Reports Report Year Filed Date 2011 01/03/2011 2012 01/05/2012 2013 01/02/2013 Document Imaoes - 01/02/2013 --ANNUAL REPORT I' View Image In PDF format 1 01/05/2012 --ANNUAL REPORT[ ···-·-\;";'~w i;;;;;;9;";'n PDF'f';-,rri£-] ;-08l26/2blf~~':AmendmenC-"T""'-'-:'VieWThiii-gif'ih PDF'fdrfflat .. • 9' 01/03/2011 --ANNUAL REPORT! View image in PDF format I 01/04/2010 --ANNUAL REPORTj ----~--.. ----" ..• --~.-.-... -.,--."'-,---'" " .. _--.. ,-'J View image in PDF format 01/12/2009 --ANNUAL REPORT i ---_ .. -I View image in PDF format 01/03/2008 --ANNUAL REPORT I' View image in PDF format 1 03/14/2007 --ANNUAL REPORT r-' .. ----........ .... .... -.. -... .. .. -.. -. ----......... J View image in PDF format 09/18/2006 --REINSTATEMENT! View image in PDF format ] 01/05/2005 --ANNUAL REPORT i "---vi~wirri~g--;;i;;'PDF-i~r;;;;;;-"""-1 08/03/2004 _. Amendment [--_............ ------....... -------.. ---.. . --'J View image in PDF format ,---1 0510312004 --Domestic Profit I View image in PDF format http://search.sunbiz.org/inquiry ICorporationSearchiSearchResultDetaillEntity Name/domp·... 711 7120 13 • • • 28SE I SUNDAY, JULY 28, 2013 SE -.. -~--.---------.-- MiamiHerald.cQm I MIAMI HERALD NEIGHBORS CALENDAR ---,-_._-------,,-- CITY OF SOUTH MIAMI COURTESY NOTICE _CALENDAR. FROM l8SE Mus~um. 28S Arag<ln Ave., (oral Gables. Free willi Museum Admls-- slon. 305-603-6067. (o/Bl\1ablesmllSWffi.org. NOTICE IS HEREBY given that tho ell)' Commission of the City of Soulll Miami, Florida wIH conduct ghl~~!~~rl\\~!~I%~~~~~serle~: PubUc Hearing(s) atlls regular CRy CommIssion rnseUng scheduledfOrTuesdaY,August 6, 2013, beginning themselves Into Dolphin Mall's Iree at 7:00 p.m., In the CUy Commissllln Chambers, 6130 Sunset Drive, to consider the following item(s): moviescreenln!)s,arts and crafts lessons and otller exciting. "cool;' An Ordinance amending Section 15-93, tlllad 'f!lolse-creaUng blowers, power lans, or Inlemal Indoor a~1ivitie~, as th~ wnter b "' r d did .. ·· I" Ilh r I' I ""I announcesltssummerfunacliviUes. com u~ .. on anll neS,llu\ oor powers 100 san o",er E!qUlp~en 0 e ex S In!) no sa 0", nance •. \. TIm centerwilllllov!de ramme~ If A Resolution eUlhorlzing ill!! CIIy Mana!lllT III execute a Professional ServIce Agreeme~I" Indoor activities toenjoytogethl!J. provided under florida Statute 287.055 Consultant's CompeUtlve NelloUeUon Act "CCNA", wIth :cr~~I~es~o$~~1~u~ed&t~~!- EAC COn6ulting, 1M" Marlin Engineering, Inc., The Corradino Group, Inc., SRS Engineering, Inc., ~I~:C: ~~t~~~~S\J:~nd kids A.J. Behar and Company, Inc~ T.Y. Un International, S1anley Consultants,lnc., Sol-Arch, Inc" B!I5t~rilndmallymore.Plea5ev[slt ClvilW1llim,lnc., C.H, Perez &Assoclates Consulling Engineers, Inc., for the following prolesslon~VI Dolphin Mall's website for more services: Archilectura, landscape Architecture, CivilfEnvironmental Engineering, Traffic and Inr~~~11y 28. Dolphin M~II, 114()1 I"-Trarn;portallon EngIneering. NW 121h St., Sweetwater. Varl~s. A ResGlutioo rolated to a request pursuant to Section 2D-3.4\IJ)(4)(b) of tho City of ~~:~~~!thlnmalloom. Soulh Miami Land Development Corle for Special Uso Approval to lecato a general restaurant Flr$t Free Salurday!: Enjoy rl~e at 5701 Sunset Drive, Shops at Sunset Place Unll 194; within the Spaclalty Retail "SA", ad~~.~~A'~~.trG:r&!:~~~lIroad Hometown District Overlay "HD-OV". MUleum.12450 SW1S2nd St. Rlcl\- mood Naval Air station. $0. A Resolution related to a request pursuant 10 Section 20-3.4(8)(4)(b) of the CilY 01 ~?t~~I~cebook.wmJ South Miami Land Development Code for Special Use Approval to locate a general restaurant C'lent5/6163901911156tB!. at 5664 Sunset Drive wllhln the Spaclally Retail "SR", Hometown Dislrlct Overlay "HD-OV". Gables SlslerCltle5: Pannersln Peace: The exhibition. Cor~1 Gable~' A Resolution of Ihe City of South MIamI relaUng to a relluest to allow lor the creatlol'l of parcels Sister at!;!S:Part~ers illPeace.ts A, 8, and C on the Norlhern portion of property spaclHcslty located at 5520 SW 561h Sireet, g~~;(g~~g~~~:t;;tM!;~~~~!' SOllill MiamI, Florida withIn an RS-3; low Density Single-Family Aasjdenllal Zoning District, silter cities movemenllauntl\ed by as permiitlld by provisIOnS partalnlngto ''WaIver 01 Plat" sel lonh In Seellon 20-4.2(B) of Ihe ~~.~I~~t~r~ir~tl~i~~~~~:~~In City of South Miami Land Development Code, and Section 28-4 olthe Miaml·Dade County Code; fOf about the I\istory 01 Illis intematiall- tile purpnse CIt cnnslruCUng three new single-family homes; and providing fora legal de.scripl1on. alpeace prc!:llam!nd uncoVEr the (onnec:tloM between Coral Gable~ A Resolul1on onhe CIty 01 South Miami relating ro a request to allow for \he crealion 01 parcels and her sister cities:Alx'en-Pro- A, B, C, and D on the Southern portion of property specifically localed at 5520 SW 56th Streel, ~~~~:d~a;~t::~~r~;,o~~~a; South Miami, Florida within an RS-3; Low Density Singte-Famlly Resldontlal Zoning mslrlet, mata; and Province of PiS8.ltaly, as permitted by provisions pertaIning to "Waiver 01 Pial" set forth in Section 20·4.2(8) 01 the elly of 12 p.m. July 2B. Coral Gables SQulh Miami land Development Code, end Sect!oll 28·4 of the MIami-Dade CounlY Code; for the ~~e:'Fr~!\~:r,9~~s!~m ~d;~ls- purpose of conslrucl1ng four new single-family homes; and providing lor a legal dcscrlpUon. s10n.lOS-603-8061 www.cofillga~lesmuseum.olg. A Resolution of 1M City 01 South Miami relallng 10 a request to atiow for Iho cleal1ol1 a' parcels (;,I'ln tbe G~ble! al the Coral 1 through 5, on property speci1!cally located at 6t50 SW 80th Slree!; 6120 SW amh Street; :i!:~~~~uG~:~~~~~~~~~!·:ig and 6040 SW 80th Sireet, Soutll Miami, Florida within an RS-3; low DensilY Single-family Riviera golf cours!~, have aUriKted Residential Zoning District, as pelmltted by provisions pertaining to "Waiver of Plat" set forth in golf Pros &enthul~m sInce the Sectlon 20-4.2(B) of the City of South Miami land Development Cnde, and Section 28-4 01 \he ~~\;';~,~;J~i~~~~fc~1 ~h~~~S 1~~ tM Miami-Dade County Code; for the purpose of construCilng live new single family homes; and 19205 to present ItillulllS famous providing for a legal description. I ~~~~in~~~~~I!n~a8~Wi~~~~~:bl~ A RasokJlion autoori%ing tile City Manager to enter into a \>M)-year [ease and maintenance I &Junlor Orange BIIWIGol1 Champl- contract for two police motorcycles wllh Pelersen's Harley-Davidson's of Miami, disbursemenl ~jf~i~;'5~~~~:: otr t:~~ ~%~ Parks oIlhe funds up 10 $11,400.00 per year lrom account number 001·1910·521-4450 (Purchase} I native & champlonlhip golfer T1acy lease PDlice Vehicles), lor the years lIscal yea.rs 2013114 through 2014/2015. . ~~~d1!u~~~I~~~r~ I~~~~~~ ~~(~t All !Illeres!ed parties are Invited to aHend and will be heard. ! 12 p.m. July 28. COf~1 Gabl!s I Museum. 285 IIragonlWe, Car~1 Forlurther information, please contact the Cil)! Clerk's Office at: 305-lili3-6340. ~~~'to~~~3-~~5~uleum adml,- Marfa M. Menendez. CMC ~~!~~~b~!~r~:~~i.~~gat the Cllral Cily Clerk G~bles MUlnm: Stroll t~rou9hCor~1 Pursuant t~ florida Statutes 266.D1 05, the City l\eleb1 advises lhe publiG t~at il a per6!ln deckles to appeal any ~ecislon ~f~~ ~:!~iti~9~~~et~~is~~c:~~~ ma~e by this 8oard,A~ency 01 CommissIon wilh respect toany rnaher considered at !IS meeUng or hearIng, he or shewm humbl" (amm~rci~l distrkt. Visit need a lewrd ofilia plllGeedinus. and thaI lor such purpose. affected person may n@edtoBnsmathataverbatimreC<lrd historic Mediterranean RevIval of the proceedings is rnadewhlch recOId Includes lheteslimony and evidence upoJ)wllich lhe appeal is to be based. buildings, including a IOlmel Ford '-_'-_-'-___________ '-_______ -'-_____ ...Ji dea!ership,autdoortheater,Md Page: NabesSE_19, Pub. date: Sunday, July 28 J:IIIHnn-1 ... (;:o,.ti,," 1\",11 .. (;:1: IlIMI MlamIHereld.com/ .... calQndar Search hundreds more events ill your ilrea iJlld beyond, riding dub. Newer cityscapa addl· tlOII!i help te!lthe complete down- lown story. Appraldmillely1S hIS. 1I a.m. Aug. 3. Coral Gables Muse- ~m. 285 Aragoll Aw .• Cora! Gables. $5 lor Museum members, $10 for general public. 305-910·3995. www.coralgablelmUseum.orgf. International soundl by tbe pianIst: Performs international 50unlls on Monda~s. Three·mmse, li~M prl~e meal av.1l1able or order a 103 carte. Reservallol'\S reque,ted. 7:30 p.m. July 29. Villa Azur, 309 23rd St .. MiMilI6each.145 fixed price meal. 305·763-8698. www.vllfaazurmlaml.com. L!bert~ Clt~ G"enM)fket~ liberty City Green M~rket I~ a farmets Market that has a varlely of frui~, ~~~~~::,~~~~~t~!%~t~l ~~~n gluten free {Upcak~. We accept cash, credit/debit and Ell!. Wilgivil up to 20~ discounL You can Older 11 (SA bag and we dellve! tbrcughcut O~de, Broward & W!st Palm 8each county We are located on 60th SI. N.W. 7th Ave in Miami, right off the 95. Our hour~ are Irom '10 am. -3 p.rn. Every Salurday Stop bywehave 50 much more to offerl 9S4-699-1562 ID a.m. Aug. 3. liberty City Green Halkm,60th St N.W_ 7th Ave. Ouwn- town Miami. Free. 766·873·G525. www.l~cebooktomJulbangreen WCI~S. Miami MUel$: A lunnlng dub 101 children ijges18 and under I. 110W regIstering lor tlilck alld Ileid. Club also pa!lIcipates irlClos$(ountry and load racing 6 p.m. July 29. Tropical Park, 7900 SW 40th Sf, Olyrrpla Helgh1s. Flee- tryout. 305·B17-9459. miamimllers-net MiamI Splce Menu 2013: Villa AzUl S:ic~e~6~.e:o~~ ~ ~~r~ :~\~~! $39 three cour~e menu luoning Irom AU!lust l~t 10 September30th ev21y-- day 01 the week elIce~tllUJrsday and Saluld.1Y. Our speo:;wl menu (~3nges every week during Miami Spite. 6:30 p.m, Aug. 2. Villa IIl~r, 30~ 23ld St., Miami ge~ch. $39_ 305·76H6S8. www.llillaazutmlaml.cllm. Mldd~y Organ ConceIt: Jay Brooks. difector of music a! First United Metho(!]5t Churdl 01 Coral Gal!le~. performs a midday olgan conceit on the first ThUrsday of every monlh. The music is a lich repertoire of spiritual aM ~eculal pieces on the church's 4,000 pipe organ. 1111 are welcome. 12:3Cl p.rn. Aug_ 1. fir~1 United Methodist (!turcll of Coral Gable~. 536 Coral Way. Coral Gable:;. (re~. 305-445·2578. wwwJU/ll!:~g.olg. Mini-Golf at tile COlal Gables MUll!- um: 00n11el your summer get stuck In the lQUghr Vi5itthe Coral Gables Museum & play an a ooe·of·a·~ind mini-golf course created by top architects. )~ndsta1le destgners and contractors 01141aml. Challenge ~1r~~~~tI~~~ ~:f:.n~e~~r~~1 In museum hours A admission apply. Gfe~' for business & after-Wolk pallies, wlllJ concessionsland & full b~r ~~ilable for lllivale groups. For addJtlonallnfomlaliOll, contact DirEctor ClIII~lIn9 Rupp at the Coral Gables M~seum. 12 p.m. July 28. Coral Gable~ ~~~S~$t~t~r:~~~ve;d~I~~\on. 305·603-8067. coraigabiesmuseum.olQ, OUf MJ.aml Prll}l!cllaunch: Come and learn aboot the new Public ~Ft~ ~~I~f:1 ~~~i:t:,i~~i~M;t shaping Mfami's Muro by wol~lng to relain young t;rlent in MiamL RSVP by July 3D at mlamlfounda- tiOll,ol9{ourml~mirsvp and receive a compDmentarv cocktail an~ entry. 6 p.m. July :M.lhe Slage Miami, 170 NE 39th St. lillie Haiti. 305-357-2091, mfamlloulldatlon.org{OIlrmfamlrsyp. PelUvlan IndepentlenceDay Fesll- val: Ga~tronQmlc Adventure. music. dance, shows, (ontest ilnd much mo. m a.m. July 20. Miami AIrport (onvenllon Center. 711 NW 72nd Ave.~ hr AdoptIon Event atAlper JCe: Miami-Oade County Animal Serl/lces Department presellt in wllab<lrat!cn wilh Alper JOC this event at which ad18~~.fA~;.~~I~:\,~~~d~ary Alpel JCC.11155 SW !12th A.ve., Kendall free admissioJl. 305·271,9000. PUates Mat CIU5: hlln lor a lun and cballenging Pilates Mat workout. No e([ulpment necessary: jusl bring YOIll'~elf and (hallell!le yOU[ (Olt muscles, while building your strength and ftexlbllity; Allleve\$ welcome. Flee parking. Sign·up Is requill!d to 9uarantee D spare. Send an emalilo rnlc@l:oosdou,·mOlle- m~nI.Com. Mentloo til!:> ad and firsl CIDSS Is free. 7 p.rn. Julv 31. Con~ciOllS Move- m!~l Pilate$. 410Cl Salzedo St" Coral G~ble;. Free lor newcomers. 7~6-%3-7623. wV/w.consdaus.-movement.com. SaIQrday and Sunday wlth Sue I~e Dlno$o1ur: SaturdoYS and Sundays 10m Mfi!t our VCIY own r·Rex, Sue in ow Olno Island e~hlbll. She'lI be Dccompan!ed bv our re:;ident time travelers and paleontologists. For more information. please (~11 orvllit. Miami Childrell'S Mus~um is located al98D MacArthuI Causeway. MiamI Fl TII32 2 p.m. Aug. 3. Niami Cl!ildren'$ Hu~eum. Watson bl~nd, W~t6!ln. Gelleral Admission: $16, Stale of FL Resklents; $12 CllIidlen lvear and uMm: CompllrnenlalY MCM Mem- bers: ComplimentalY. (305)37]-KIDS .TU~N TO CALENDAR, 30SE last user: cci t ~<,f "h"' .... LI. ."t_ HI:·At:-?~ 1"1,, ?t: • MIAMI DAILY BUSINESS REVIEW Published Dairy el('Cep1 Sa1llJday, Sunday and legal Holidays Miami. Miami-Dade Counlv. F/mlda STATE OF-FLORIDA COUNTY OF MIAMI~OADE; Belore lJ'le undersigned authority personally appeared MARIA MESA, Who on oath says that he or she Is the LEGAL CLERK, Legal Notices of 1M Miami Daily Business Review flWa Miami RevIew. a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami·Dade Coonty, Florida; that the atlached copy of advertisement, being a legal Advertisement of Notice in Ihe matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 6, 2013 in Ihe XXXX Court, was published In saId newspaper in the issues of 07126/2013 Affiant further says that the said MiamI Daily Business Review is a newspaper publlshQd at MiamI In said Miami-Dade County, Florida and thatlhe saId newspaper has heretofore been continuously published in said Miami-Dade county, Rerida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall maHer at the post office in Miami In said Miami-Dade County, Florida, for a perled of one year next precedIng the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promIsed any person, firm or corporation any diSCOunt, rebat sian or refund for the purpose of securi h verlisemen for publication in the said .. ', SW'I""::!Jl>i!i:a1ln: 26 • AD. 2013 (SEAL) MARIA MESA personally known 10 me MERCEDES ZALDIVAR MY COM/.11$S:ON ~I"F029i36 EXp:;;?E5 JU!lelO. 2017 , . .-~ . )