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Res No 018-16-14573RESOLUTION NO.:018-16-14573 A Resolution authorizing the City Manager to pay G.Batista &Associates to revise engineering documents for Bus Shelters. WHEREAS,the Mayor and City Commission wishto provide bus shelters within the City;and WHEREAS,the City desires to hirea consultant torevise professional engineering documents for the City;and WHEREAS,in accordance with and pursuant toFlorida Statute 287.055 for CCNA,the City Manager has negotiated an agreement with G.Batista &Associates who was one offive(5)consultants previously selected to perform professional services for the City. WHEREAS,the City Manager has negotiated the price for the services to be rendered which does not exceed the sum of $5,600. WHEREAS,the total expenditure isnotto exceed $5,600;and NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA THAT: Section 1:The City Manager is authorized to payG.Batista &Associates,for an amount not to exceed $5,600 in accordance with the formof Professional Service Agreement that was approved by the City Commission by Resolution 186-13-14004,to revise engineering documents for Bus Shelters. Section 2:The expenditure shallbe charged to People's Transportation PlanTaxFund account number 124-1730-541-6490,which has a balance of $1,658,000,before this request was made. Section 3:If any section clause,sentence,or phrase of this resolution isfor any reason heldinvalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this resolution. Section 4:This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 2nd dayof February t 2Q16. READ AND APggDVED AS TO I LANGUA6|?<EGALITY AN[ APPROVED: COMMISSION VOTE:5-0 Mayor Stoddard yea Vice Mayor Harris Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Welsh Yea Soutlr Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager February 2,2016 Agenda Item No.: Subject:A Resolution authorizing the City Manager to payG.Batista&Associates to revise engineering documents forBus Shelters. Background:6.Batista&Associates submitted aproposalin the amount of $5,600 to revise engineering documents forbus shelters.G.Batista&Associates completed the engineering documents for the bus shelters in 2013,including the structural drawings and specifications.The revisions include bringing the structural drawings up to date in accordance to the Florida BuildingCode,which recently updated their requirements forwindloads.Revisions to the specifications for the roof system willalso be made to include an alternative to the Centria products. The revised engineering documents willbe used fora submittal to MiamiDade County for review ofthe installation oftwonewbus shelters along SW 62nd Avenue.These bus shelters are proposed between SW 68th Street and SW 64th Street,and have been requested by residents.A previous submittal was not approved due to the specifications not beingup to code,per the latest Florida Building Code. Amount: Account: These revisions willalsobeapplied to future site layouts for new bus shelters throughout the City. In accordance with and pursuant to Florida Statute 287.055 for CCNA,G.Batista& Associates was one of the firms selected toprovideprofessional engineering services.The City negotiated hourly rates with the firm and entered into a professional service agreement with G.Batista&Associates toperform engineering services for the City. Amount not to exceed $5,600 The expenditure shallbecharged $5,600 to People's Transportation Plan Tax Fund account number 124-1730-541-6490,which hasa balance of $1,658,000 before this request was made. Attachments:Resolution Proposal CCNA Resolution PSA Agreement G.Batista & g^ta'PROPOSAL &ASSOCIATES " OWNER:Grizel Martinez,E.L Engineering &Construction Division City of South Miami 4795 SW 75th.Avenue Miami,FL 33155 DATE:October 20,2015 EMAIL/CONTACT INFORMATION: BRIEF SCOPE OF WORK:Architectural/Engineering work asdescribed below JOB ADDRESS:South Miami,FL DESCRIPTION PARTI Provide Architectural and Engineering designforabove-mentionedpropertyasfollows: •Provideadesignreviewtothebusshelterplansinordertodetermine if theupdated wind speeds andcodes have affected thedesign ofthebusshelters. •Provide structural calculations. •Provideupdatesasneededtothebusshelterin CAD. •PrintoutandProvide3copiestotheclientsignedandsealed. •Other o3signedandsealedsets of drawingsand calcs PART II Provide Architectural andEngineeringdesignforabove-mentionedpropertyas follows: •Provide additional engineering servicestoperformthe following: oCoordinatewithOwnertodeterminethenewsize/configuration ofthefoundationas needed, oProvidethenecessaryplanupdatesandcalculations. PrintoutandProvide3copiestotheclient PART HI Provide alternate roofing system: Specifically Excluded: •DRC requirements that are not part ofthisscope.At thistime,we are attempting todeterminewhattheserequirementsare. •MEP Engineering GB&A 10400 Griffin Road,Suite 201 Cooper City,FL 33328 Office:954.434.2053 Fax:954.434.2056 www.gbanda.com •Wewillnotincludehot water onthis project •Security design,Window design •Roofing,Firealarm •Photometries •Any design not specifically mentioned inthis proposal and anyitems outside the building footprint-(ie,Civil Engineering (such as streets,drainage,etc.)) Price:$5,600 (PRICE GOOD FOR 10 DAYS ONLY) This proposal is for theuseofthe design in one location.There will bea repeat charge of $2,500 per different location. ADDITIONAL PROVISIONS: ♦Work shall begin after we receive a copy ofthis signed proposal (to our fax 954-827-0670)toGB&A (herein knownas "Consultant*') Schedule of Payment: $3,100 Upon Signing Agreement $2,500 Upon 100%completed plans ♦ThisDoesNot include running plans throughtheCitynordelivery of documents for correction.Ifwearechosenas the General Contractor,thenthis service willbe provided byus.However,this proposal includes extratime involved in correcting items specified byCity reviewers.Consultant shall notbe required tosignany documents,nomatterthe source ofthe request,whichwouldinanymannerresultin Consultant's having tocertify,guarantee,orotherwise warrant theexistenceof conditions ofthe project,whose existence the consultant cannot reasonably ascertain. ♦Does not include additional design items that are added after the date ofthis proposal andthat are not specifically mentioned above>Any add'l time (only as requested by Owner)willbe billed at $125/hr for principal and technician's time plus out-of-pocket costs.♦Site visits are not included and shall be charged atthesamerate. ♦Invoices are due upon presentation and shall be past due 30 days after presentation.Failure tomake payments may resultin work beingstoppedonthisprojectPastduestatementsshallincludeinterestfromthedate of invoiceata compoundedrate of 1%permonth.Theclientshallbe liable forallcost of collection of delinquentfees,including attorneys fees ♦This proposal doesnotincludecostto uncover existingconditions thatneedtobeknownto accomplishproperdesign.Equipmentusedtoperformourinspectionwillbebilledatcostplus 15%♦Itisthe responsibility oftheOwner for delivery of plans to and from Engineer,theCityor other.Plans shall bepickedupat theofficeorwecansendviaUS Mail*All agreements,changes,or additions shallbein writing signedby Consultant andOwner.♦Either Party,forwhateverreason,may terminate this agreement with3days written notice.You willbe required topayforall services uptothe termination date.Ifthetermsand conditions ofthis proposal are acceptable, pleasesignandemailorfaxthisdocumenttous.Wewillnotcommencetheprojectuntilwereceivesigned agreement and retainer ♦Inanefforttoresolve any/all disputes whichmay arise out ofthe performance ofthe parties obligations hereunder,theclientand consultant agree all disputes betweenthem arising out of orinanymanner relatingtothe performance oftheservices hereunder shallbesubmittedtonon-jury trial.If mere iseveranydispute underthis agreement,the prevailing party willbeduefeesand reasonable attorneys costfromthe non-prevailing party>Reproductionfor additional sets(overandbeyondbase contract obligations)willbe charged atcostplus15%. However,theownerwillreceive pdfs oftheplansfree of charge. Agreed, DatePrint Name Position Signature EMAIL TO GBATISTA@GBANDA.COM OR FAX TO 954 827-0670 GB&A 10400 Griffin Road,Suite 201 Cooper City,FL33328 Office:954.4342053 Fax:954.434.2056 www.gbanda.com RESOLUTION NO.:186-13-14004 A Resolution authorizing the CityManager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA",with,Milianf Swain and Associates,Inc.,indigo Service Corporation,O'Leary Richards Design Associates,Inc.,Rosenberg Design Group,Inc.,Curtis and Rogers Design Studio,Inc.,REE Consulting,LLC.dba 6.Batista and Associates for the following professional services:Architecture,Civil/Environmental Engineering, Structural,and Traffic&Transportation Engineering. WHEREAS,theMayorandCityCommissiondesireto enter intoservice agreements forprofessional services forthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Traffic and Transportation Engineering;and WHEREAS,pursuant toFlorida Statute 287.055for CCNA,theCitysolicitedqualificationfrom Interested firms and the City's review committee conducted a thorough reviewofthe qualifications of the firms that responded to the solicitation,and upon evaluation thefirms were ranked;and WHEREAS,theCity met withthefirms and reviewedthe proposed hourly billing rates and the following firmshave agreed upon the hourly billing rates disclosedintheProfessionalService Agreement request for qualifications;Miiian,Swain and Associates,Inc.,Indigo Service Corporation,O'Leary Richards Design Associates,Inc.,RosenbergDesign Group,Inc.,Curtis andRogers Design Studio,Inc.,REE Consulting,LLC. dba G.Batista and Associates;and WHEREAS,theMayorandCityCommission desires toauthorizetheCityManagerto execute the professional service agreements. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCityManagerisherebyauthorizedto execute theformof the professional service agreement that is attached,for the negotiated hourly rates in accordance with the procedure set forthinFlorida Statute 287.055 (Consultants Competitive Negotiation Act)Miiian,Swainand Associates,Inc.,Indigo Service Corporation,O'Leary Richards DesignAssociates,Inc.,Rosenberg Design Group,Inc.,CurtisandRogersDesign Studio,Inc.,REE Consulting,LLCdba G.Batista and Associates.A resolution shall be presented to the Commissionforapprovalof each projecttobe awarded inthefuturetoa selected firms. Section 2:If any section clause,sentence,or phrase ofthis resolution isfor any reason heldinvalidor unconstitutionalbyacourtof competent jurisdiction,theholdingshallnotaffect the validityoftheremaining portions of this resolution. Section 3.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTEDthis 3rd dayof September .2013. ^^t^t^3^_ ROVED AS ^LEGALITY RM UTION APPROVED 3MAY< COMMISSION VOTE:5-0 Mayor Stoddard:Yea ViceMayor Liebman Yea Commissioner Newman:Yea Commissioner Harris:Yea Commissioner Welsh:Yea City of South Miami PUBLIC WORKS &ENGINEERING DEPARTMENT 4795SW75thAvenue Miami,FL 33155 Tel.(305)663-6350 Fax(305)668-7208 TO:Steven Alexander,City Manager FROM:Jorge L.Vera,CapitalImprovementProject Manager DATE:September 3,2013 South Miami 2001 L Resolution:AResolution authorizing theCity IVianager to execute a Professbnal Service Agreement provided under Florida Statute 287.055 Consultant's Competitive NegotiationAct "CCNA", with Miiian,Swain and Associates,Inc.,Indigo Service Corporation,O'Leary Richards Design Associates,Inc.,Rosenberg Gardner Design Group,Inc.,Curtis+Rogers Design Studio,Inc.,REEConsulting,LLC.dbaG.Batistaand Associates forthe following professional services:Architecture!Civil/Environmental Engineering,Structural and Traffic&TransportationEngineering. Background:On June 4,2013,theCityCommissionapprovedaResolution (#120-13-13938) authorizing the City Manager to negotiate hourlybilling rates and to execute a Professional Service Agreement withthefirms that were selected fromour request for qualificationsRFQ#PW-S2013-Q4 forArchitecture,Landscape Architecture, Civil/Environmental Engineering,StructuralandTraffic&TransportationEngineering. Of the 24firms selected,Citystaff has metwithand reviewed the proposed hourlybilling rates for the abovereferencedfirms.After negotiating an acceptable hourly billing rate with the firms,thefirms entered intoa Professional Service Agreement in order toprovide professional engineering services totheCity at the agreed hourly billing rateforfuture projects. In anefforttoprovide transparency andaccountability,the hourly billing rate per job classificationis based on FDOTs Consultant Wage Average ReportfortheperiodofMay 2012toMay2013 (see attached).Thereportis based onanFDOTyearly data collection and analysis ofthe prevailing hourlywageratebyjobclassification within different geographical areas inthe State.Ourgeographical area isDistrict6which encompasses Miami-DadeandMonroe Counties.The rates inthe report are negotiated unloaded rates whichprovide personnel hourly biding rateperclassificationexcluding company overhead and benefit Tothehourly negotiated unloaded rate,each firm adds amultiplierfor the company's overhead and benefits.The multiplierinDistrict6 ranges from2.5to 3.1, depending on the size of the firm. Please findbelow the firms that have submitted a signed Professional Service Agreement,whichincludestheirnegotiatedhourly billing rateplus the multiplier.Upon further future negotiations,additionalfirms will be presented totheCity Commission for their approval. •Miiian,Swain and Associates,Inc.-Civil Engineers •Indigo Service Corporation -Architects •O'Leary Richards Design Associates,Inc.-Landscape Architects •Rosenberg Gardner DesignGroup,Inc.-Landscape Architects •Curtis+Rogers DesignStudio,Inc.-Landscape Architects •REE Consulting,LLC.dbaG.Batistaand Associates -Structural Engineers Uponapproval of the Professional Services Agreements bytheCity Commission,City staff will request quotes forCityprojectsfrom individual firmsonarotatingbasisandin accordance withFlorida Statutes 287.55 CCNA.The quotes will be negotiated based on the scope of aproject,durationand the contractualhourlybillingrate.Upon the City staff negotiatinga final cost toperformtherequiredproject,aresolutionwillbe presented to the City Commission fortheirapproval. Please note that the execution of these Professional General Service agreements does not commit the Citytoany maximum amount of fees nor guarantee anywork. Attachments:Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CD Listed consultant hourly billing rates FOOT Consultant wage averagereport Resolution 120-13-13938 Sunbtz Florida Department of Transportation Professional Services Information System Consultant Wage Rate Averages Report byJobClassification ForJob Class Wage Rates Uploadedfrom Automated FeeProposal(AFP)Spreadsheets Forthe time periodfrom 24MAY2012 to 24MAY2013 FOR DOT DISTRICT 6 District6 Wage Rate Statistics Proposed Unloaded Rate S Negotiaited Unloaded Rate Jobclass 25% Quartile Mean/Avg. 75% Quartile 25% QuartHe Mean/Avg. 75% Quartile Unit Acquisition Agent $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 Hr. Archaeologist $13.50 $13.50 $13,50 $13.00 $13.25 $13.50 Hr. Certified Bridge Inspector $26.21 $26.21 $26.21 $26.21 $26.21 $26.21 Hr. Chief Archaeologist $35.80 $38,89 $40.43 $35.00 $36.16 $37.73 Hr. Chief Engineer $69,20 $78.53 $84.00 $67.91 $73.19 $75.00 Hr. Chief Planner $68.51 $68.51 $68.51 $68.51 $68.51 $68.51 Hr. Chief Scientist $54.00 $64.32 $69.36 $54.00 $58.32 $82.97 Hr. Computer Programmer $33.93 $36.53 $39.14 $33.69 $36.06 $38.43 Hr. Contract Coordinator $20.70 $21.85 $23.00 $20.70 $21.85 $23.00 Hr. CADD/Computer Technician $22.76$25.93 $27.73 $22.76 $24.65 $27.00 Hr. CEI Asphalt Plant Inspector $23.30 $23.30 $23.30 $23.30 $23.30 $23.30 Hr. CEI Assist Project Administrator/Project Engineer $45.39 $45.39 $45.39 $33.39 $33.39 $33.39 Hr. CEI Bridge Inspector $24.00 $25.21 $26.00 $24.00 $23.86 $24.00 Hr. CEI Bridge Project Administrator $49.00 $49.00 $49.00 $44.60 $44.60 $44.60 Hr. CEIBridge Senior Inspector $33.10 $34.32 $35.44 $31.50 $31.39 $31.50 Hr. CEI Contract Support Specialist $32.71 $35.69 $36.67 $31.80 $33.20 $34.59 Hr. CEI Inspector/Engineer Intern $22.71 $23.96 $23.94 $22.50 $22.56 $22.50 Hr. CEI Inspector's Aide $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 Hr. CEI ITS Inspector $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Hr. CEI Proj.Admin./Project Eng./CEI Consultant Enp.$38.24 $49.31 $66.66 $38.70 $42.81 $47.70 Hr. CEI Res,Compliance Spec.$19.69 $21.17 $22.65 $19.54 $20.02 $20.50 Hr. CEI Secretary/Clerk Typist $18.00 $18.00 $18.00 $18.00 $18.00 $18.00 Hr. CEI Senior Inspector/Senior Engineer Intern $30.20 $30.37 $31.00 $29.75 $30.48 $31.00 Hr. CEI Senior ITS Inspector $33.50 $33.50 $33.50 $33.50 $33.50 $33.50 Hr. CEI Senior Project Engineer $65.00 $70.78 $80.00 $56.24 $59.49 $62.50 Hr. Designer $31.25 $33.78 $37.70 $31.25 $33.12 $35.00 Hr. Engineer $32.69 $35.82 $37.99 $32.69 $34.33 $35.00 Hr. Engineering Intern $26.21 $28.58 $30.68 $26.32 $27.99 $29.88 Hr. Engineering Technician $19.38 $20.78 $21.88 $19.38 $20.29 $21.50 Hr. Environmental Specialist $25.26 $34.63 $49.00 $26.26 $28.18 $29.58 Hr. Field Crew Supervisor $25.34 $25.34 $25.34 $25.34 $25.34 $25.34 Hr. Geotechnlcal Engineer $32.37 $35.49 $38.62 $27.77 $30.77 $33.77 Hr. Geotechnical Technician $2125 $23.76 $26.27 $21.25 $21.33 $21.42 Hr. GIS Specialist $25.04 $30.58 $36.20 $25.04 $29.33 $34.47 Hr. Inspector $19.00 $23.50 $28.00 $19.00 $23.50 $28.00 Hr. Instrument Person $13.63 $14.45 $15.05 $13.63 $14.28 $15.05 Hr. ITS Inspector $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Hr. Landscape Architect $31.04 $34.62 $38.53 $31.04 $32.65 $34.56 Hr. Landscape Architect Intern $19.84 $24.81 $29.48 $19.84 $24.61 $29.48 Hr. Landscape Designer $23.15 $24.43 $23.51 $23.15 $24.38 $24.00 Hr. Office Manager/EEO/RCS $16.25 $16.25 $16.25 $16.25 $16.25 $16.25 Hr. Party Chief $20.20 $22.00 $23.05 $20.20 $21.81 $22.00 hr. Planner $28.52 $33.18 $35.50 $28.52 $33.17 $37.54 Hr. Project Engineer $40.80 $44.74 $46.19 i_$40.53 $42.86 $43.00 Hr. Project Manager $52.88 $61.82 $73.77 $52.00 $56.25 $60:10 Hr. Project Planner $34.60 $40.06 $45.80 $29.66 $33.15 $35.30 Hr. Public Information Officer $26.40 $28.02 $30.85 $26.40 $28.02 $30.85 Hr. Rod Person/Chain Person $11.33 $11.84 $12.45 $11.33 $1122 $11.95 Hr. Scientist $22.03 $28.72 $34.92 $22.03 $28.15 $33.47 Hr. Secretary/Clerical $17.00 $19.86 $22.63 $17.61 $18.78 $20.00 Hr. Senior Archaeologist $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 Hr. Senior Architect $40.10 $50.49 $52.24 $40.10 $43.10 $47.30 Hr. Senior Designer $37.21 $41.10 $44.43 $37.21 $38.44 $38.74 Hr. Senior Engineer $51.70 $58.20 $61.84 $51.62 $55.28 $56.56 Hr. Senior Engineering Technician $24.52 $26.23 $28.57 $25.00 $26.33 $27.85 Hr, Senior Inspector $28.64 $29.46 $30.00 $28.64 $29.19 $29.73 Hr. Senior ITS Inspector $33.50 $33.50 $33.50 $33.50 $33.50 $33.50 Hr. Senior Landscape Architect $44.32 $49.41 $52.88 $44.32 $47.72 $50.00 Hr. Senior Planner $48.52 $55.72 $57.69 $47.36 $49.58 $52.95 Hr. Senior Project Engineer $45.00 $49.43 $53.95 $45.00 $47.75 $50.32 Hr. Senior Scientist $42.32 $44.82 $50.24 $42.32 $44.18 $47.81 Hr. Senior Surveyor &Mapper $37.13 $5174 $55.00 $37.13 $45.60 $51.54 Hr. Senior Utilily Coordinator $42.89 $44.10 $47.00 $37.91 $39.66 $41.00 Hr. Survey Technician $19.00 $22.46 $25.24 $19.00 $2128 $24.00 Hr. Sun/eying Intern $30.00 $37.65 $54.00 $30.00 $33.08 $33.00 Hr. Surveyor &Mapper $33.85 $36.62 $37.97 $33.85 $34.76 $36.58 Hr. Technician Aid $13.00 $15.67 $17.50 $13.00 $14.75 $16.00 Hr. Utility Coordinator $26.41 $30.03 $33.65 $26.07 $29,86 $33.65 Hr. Utility Locator $18.82 $19.85 $23.00 $18.82 $19.85 $23.00 Hr. Utility Technician $16.98 $17.99 $19.00 $16.98 $17.991 $19.00 Hr. RESOLUTION NO.:120-13-13938 A Resolution authorizing the CityManagerto negotiate hourlyratesandto execute a professional service agreement provided under the Florida Statute 267.055 Consultant's Competitive Negotiation Act "CCNA",for the following professional services:Architecture, Landscape Architecture,Civil/EnvironmentalEngineering,TrafficandTransportation Engineering. WHEREAS,the Mayor andCity Commission desirestoenterintoserviceagreements for professional services forthe following categories:Architecture;LandscapeArchitecture,Civil/Environmental Engineering,Traffic and TransportationEngineering;and WHEREAS,on April 26,2013 arequest for qualification RFQ #PW-S2013-04 was released bytheCity for these services;and WHEREAS,theCityreceived solicitation from thirty-three (33)firms;and WHEREAS,pursuant to Florida Statute 287.055 for CCNA,theCity review committee conducted thoroughreviewsofthe firm's qualifications,and upon evaluation the firms were ranked;and WHEREAS,the Cityselecteda five (5)qualified firms for each category to provide the professional services to the Cityasfollows;and Civil 1. 2. 3. 4. 5. EAC CONSULTING,INC CIVIL WORKS INC ADA ENGINEERING,INC SRS ENGINEERING,INC RJ BEHAR &COMPANY INC ENGINEERS,PLANNERS Traffic &Transportation 1.TY LIN INTERNATIONAUHJ ROSS 2.THE CORRADINO GROUP 3.MARLIN ENGINEERING 4.CH 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 EEnyjronmental 1.R.J BEHAR &COMPANY INC ENGINEERS,PLANNERS 2.MIL1AN 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 RICHARDS DESIGN & ASSOCIATES 2.BERMELLO AJAMIL &PARTNERS 3.ROSENBERG GARDNER DESIGN 4.CURTIS +ROGERS DESIGN STUDIO,INC 5.KIMLEY HORN &ASSOCIATES WHEREAS,the MayorandCityCommission desires toauthorizetheCityManagertonegotiatehourly 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:TheCityManagerisherebyauthorizedtonegotiatehourlyratesand execute aprofessional service agreement inthe same formaspublishedinRFQ #PW-S2013-04 inaccordancewiththeprocedure set forth in Florida Statute287,055(Consultant'sCompetitive Negotiation Act). Pg.2 of Res-No.120-13-13938 Section 2:The agreements shall be approvedbyresolutionpriortobeingsignedbytheCity Manager. Section 3:If anysection clause,sentence,or phrase ofthisresolutionisforany reason heldinvalidor unconstitutionalbyacourtof competent jurisdiction,theholdingshallnot affect thevalidityofthe remaining portions of this resolution. Section 4.This resolutionshall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of June ,2013. READ AND ^PROVE LANG>tf^fLEGALl7 THE ORM ECUTION COMMISSION VOTE: Mayor Stoddard; ViceMayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea city of Spufli Miami PUBLIC WORKS &ENGINEERING DEPARTMENT 4735 SW 75th AvenU6 Mlattii,FL 33155 Tel.(305)663-9350 F$x:(3Q5J 668^7208'. TO:Steven Alexander,Glty Manager FROM?Jorge L.Vera,Capital Improvement Project Manager DATE*JMHe4,2Q12 South Mi^mi Resolution:A Resolution of the City ofSouth M&ml,Florida.,aiithbrlzlftg the City Manager tanegcrttate hourly rates andtoexecutea professional Service agreement provided under th$Florida Statute287.055 (Consultant's Competitive Negotiation Act)*CCNA,r,for Architecture, Landscape Architecture,CiviUEnvironmental Ehginfcfcrirtg,Traffic and Transportation Engineering professbnal services. Background:On.April 2&,£013*the City received 33 solicitations.In response for the request for q|U!a|lfIcatlqn,s RFQ#PW-S20l:3'-D4 M .Architecture,.,landscape Architecture, GMI/Envifonmepta]Engineering,Tr9?Jc ianii T^n5.pbi^j[ibn-Engj.neer(ng professional services* The intent,of the CCNA Is to select £/gjfesBjqnaJ services hasedonttie.qiialiflcgtipns of the ffrcn,without gonsidering the price ;of those services until ^fterthe.flrriis have be?n ranked: Banking is.basedon qualifications and negotiations have begun with thetop ranked firm. Professional design servicesare defined under this law to include engineering,surveying & mapping,landscape architecture,and architecture.Numerousstudieshaveshownthat selectionbasedon qualifications provides theownerwith opfimurn services,whereas selection basedonlow price onlyassurestheowneroftheleastexpensive initial design of studycost, not necessarily thebestormost cost-effective overthe lifeofthe project Public agenciesthat use qualifications basedselectionunderthe.CCNAtoprocure engineering servicesare betterableto control construction costsand achieve a consistently highdegreeof project satisfactionthan those usingotherprocurement methods,Therefore,theselectionoffirms Will bebasedon qualifications andonce firms are selected,then competitive negotiations for fees will occur, Further,the intent ofthe GCNAlegislation has always beento preclude "price consideration" fromentering Intothe selectionprocess.The Florida Legislature clarified thestatutein 1988 to statethatan -agency mayrequest,accept,andconsiderproposals for thecompensationtobe paidunderthecontractonly during the competitive negotiation." Inaccordancewith Florida Statute287.055(Consultant'sCompetitive Negotiation Act) "CCNA",thereviewcommitteerankedthe firms within the categories of Architecture, Landscape Architecture,Clvti/Envlronmental Engineering,Traffic and Transportation Engineering.Thetop5 firms for each category are listed below In orderoftheir ranking. civH 1.EAC GONSULTING^INC 2.eiVj.LW0RKS'INC 3.KD.K ENGINEERING,INC 4.SRS EN?3INEERJNGJNC; 5':Rd m\W &CQMPANt INC ENGINEERS,PLANNERS. Traffic &Transportation ; '1.TVUNlNTERNAtlONAL/HvlROSS 2.THE QORRADINO GROUP 53k MARUN ENGINEERING. A.C;H.PEREZ CONSULTING ENGINEERS,INa;'5.*UR§j Architecture ..j ""••""1 MSHARfcY ASSOCIATES I £8EFtM^tQAJAMlL&PARTNERS- 3 3QLrAI<CHr INCr *l 4 R^ECHi^tOLM ARCHITECTS,INC j 6 iNBiBftService Corporation ;! Environmental. *1;R:J BEHAR &COMPANY IMC ENGINEERS,PLANNERS .1 WILlANSWAfN^Nb ASSOCIATES : 3.STANLEY 0O1SISULTANTS,INC } 4;BALJET ENVIRONMENTAL,INC..j &LANGAN ENGINEERING \ Structural ) 1,SRSENGINfEERl^Gi-tMO f 2.G'BATIStA.SASSOClATES I STAN^CONSliTANTg;i^C \ Landscape:\ 1,O'LEARY RICHARD&PESIGN *ASSOCIATES 2.BERMELLO AJAMIL ^PARTNERS- 3;ROSENBERG.GARDNER DESIGN 4.CURTIS +ROGERS DESIGN STUDIO,INC 5.KIMLEY HORN &ASSOCIATES Chy staff will*be submitting,atafutureregular Commission meeting,the completed Professional GeneralServices Agreements for Commission approval,for each ranked firm\ Which will include negotiated hourly tefes. The execution of these Pfofessiotial GeneralServiceagreementsdoes riot committheCity toanymaximumamount Of fees norguaranteeanywork.Uponselectionofthe firms,Ihe City will negotiate,hourly ratesthatare acceptabje tothe City and within industry stertdards. UpontheCity .arid firm negotiating acosttoperformthe required scope of a project,a : resolution will bebroughtbefore Ihe CityCommissionfor approval oftheservice ' agreement Attachments:Proposed Resolution Evaluation selection sheet Standard professional service agreement hhVM; fHEiJCltY OF PtEASANt UVINC CITY OF SOUTH MIAMI TRANSMITTAL To:Thomas F.Pepe,City Attorney Steven Alexander,City Manager MariaM.Menendez,CityClerk From:Ricardo Ayala,P.E. Date:January 5,2016 Attached,for signature,is the followingitem: •Professional Service Agreement for G.Batista &Associates This item requires signature from the following: City Attorney City Manager City Clerk This consultant was approved by Commission within the CCNAlist of consultants.The Professional Service Agreement requires full execution to proceed with resolutions approving the consultant or services for the City. PROFESSIONAL SERVICE AGREEMENT General Services THIS AGREEMENT madeandentered Into this day of,20byandbetweentheCITYOF tand Authorized to do business in the Stateof Florida* In consideration ofthe premises andthe mutual covenants contained in this AGREEMENT,the CITY OF SOUTH MIAMI,throughitsCity Manager,agreestoaddthe CONSULTANT totheCity'sroster of professional service providers for a period ending on /4ua l£*2o^and the CONSULTANT agrees tobe available,continuing basis,to perform professional services inconnectionwith project(s)where thebasicestimatedconstruction costs ofeach individual projectdoesnotexceed$2,000,000.00orwherethe individual studydoes not exceed $200,000.00.hereinaftercalledthe "SERVICES". L0 General Provisions ! j 1.1 The CONSULTANT may be awarded work and issued a Notice to Proceed to provide [ professional services for a project,for a portion ofa project,or for discrete tasks ona project.Additional | Professional Services,forthepurposeof reviewing workperformedby other professional consultantsorfor other miscellaneous engineering services that may be required.| 1.2 A Notice to Proceed willbeissuedonanas needed basisat the sole discretion of the City ! Manager,orhisdesignee,hereinafterreferredtoas "CITY".TheCity of South Miami reserves,at all times,the right to perform anyandaltengineering work in-house or with other engineers.This AGREEMENT does not confer on the CONSULTANT any exclusive rightsto perform work onbehalfof the City of South Miami,nor does itobligate the CityofSouthMiamiinany manner to guarantee work forthe CONSULTANT.The CONSULTANT may submit proposalsforany professional services for whichproposalsmaybepublicly solicited bytheCityofSouthMiami outside ofthisAGREEMENT. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss j the scope of the work;the time needed to complete the WORK and the feefortheservices to be rendered in connection with the WORK. 1.4 The CONSULTANT willsubmitaproposalupontheCITY'S request priortotheissuanceofa Notice to Proceed.Nopayment will bemadeforthe CONSULTANTS timeandservicesinconnectionwith thepreparation of anyproposal. 1.5 TheCITYagreesthat It will furnish tothe CONSULTANT plans and other data available inthe CITY files pertaining tothe WORK tobe performed underthis AGREEMENT promptly after each Noticeto Proceed. Page 1 of 36 Professional Service AGREEMENT Tpepc©07-31-13 (Revised SK4-3-13,GM 6-18-13) 1.6 The CONSULTANT agreesto produce and distribute minutes,promptly after each meeting at which the CONSULTANTS presenceis required. 1.7 The CITY may designate a representative who,on behalf ofthe City Manager shall examine the documentssubmittedbythe CONSULTANT and shall render decisions promptly,to avoid unreasonable delayintheprogressofthe CONSULTANT'S services.The CONSULTANT shallkeepthe CITY'S representative advisedon the project statusatalltimes. 1.8 The CITY agreestoissue all directives and approval inwriting. 2.0 Professional Services 2.1 General Services The professional services tobe provided bythe consultant may beoneormoreofthe following,and include but not limited to: A.RoadwayEngineering to include streets,sidewalk,curb,gutter,drainage,associated traffic control devices,stripping,lighting,irrigation,speedreduction devices and residential landscaping, B.Drainage Design includes the necessary analysis needed to Implement proposed drainage improvements,preparationofpavingand drainage planfor 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 remediationplansto mitigate undergroundstoragetanks,hazardouswaste materials and asbestos materials. E.TrafficEngineeringServices will include daily volume counts,data analysis,preparation of conceptualimprovementsplan,present reportsandrecommendationstostakeholdersand preparationof final traffic engineering report F.Architectural Services to provide drawings and specifications fornew constructions aswellasadditionsandrenovations;attendmeetingswithCitystaffand presentations to CityCommission;provideplansdevelopedonAutoCADlatestversionandcopiesof reproducible hardcopyand diskette ofplansinthe requested format. G.Landscape Architecture including providing drawings and specifications for landscape projects;site master planning,analysis and design,urbandesignplans/concept diagrams,open space planning,analysis and design:community planning,analysis and design;naturalresource planning analysis and design;Parks design;renderings/modeling;provideplans developed on AutoCADlatestversionandcopiesof reproducible hardcopyanddisketteof plans inthe requested format* H.RegisteredSurveyingand Mapping Other incidental services associated to the above items. Page2 of36 Professional Service AGREEMENT Tpepe©07-3l-t3 (Revised SK 4-3-13,GM 6-18-13) 2.2Design&Construction-Basic Services The Basic Services,for design and construction,consistofsix (6)phases described in Paragraph 2.2.1 through 2.2.6.Thescopeoutlinedbelowis applicable In Its entiretyto projects forwhichcompleted Basic Services are authorized. Upon authorization toproceedfromthe CITY,the CONSULTANT agrees to provide complete professionalservicesforany portion orallofthesix Phases outlined below applicabletoitsprofession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional servicestoassureacoordinatedandcompleteWORK.In a multi-professionally consulted project,the lead CONSULTANT,asdesignatedbytheCITY,shallpreparethe final bidpackageincludingbid documents and specifications,which shall bepreparedby,andbethe responsibility oftherespective disciplines. 2.2.1 Phase l-Prellmlnary andSchematic Design: A.The CONSULTANT shall confer with representatives ofthe CITY and the end userto determine the fullscope of the Project that will meet the program requirements,and shall advise the CITY if,in the CONSULTANTS opinion,the allocated fundsare adequate to accomplish the program requirements,asdefinedbyan individual purchase order for the specific work tobeperformed. B.The CONSULTANT shall use proper and adequate design control to assure the CITY thatthe program requirements willbe met C.The CONSULTANT shall prepare a Design Concept and Schematic Report,comprising ofthe ProjectTimetable(Master Schedule),Planning Summary (unless advisedotherwise),Schematic DesignStudies(unlessadvisedotherwise)asdefined below,andthe Statement of Probable Construction Cost. 0.The Proposed ProjectTimetable shall consist ofa schedule showing the proposed completion dateoneachPhase of theProjectthrough design,bidding,construction,andproposeddateof completion. E.The Planning Summary (unless advised otherwise)shall consistofa vicinity plan and blowupof the Site(if applicable)showingProject orientation,andabriefsummaryofall pertinent planning criteria used for the Project. F.The Schematic Design Studies (unless advised otherwise)shall consistof all plans, elevations,sections,etc.asrequiredtoshow the scaleandrelationship of thepartsandthe design concept ofthewhole.Asimpleperspectivesketch,rendering,modelorphotograph thereof maybeprovidedtofurthershowthedesignconcept. G.TheCONSULTANT shall presentthe Schematic design studies tothe appropriate commission,committee,agencyorboard(hereinaftercollectivelyreferredtoas"Boards") fortheirapprovalwhentheprojectrequiressuchapproval.The Consultant shall make copies necessary for presentation totheBoardatnoadditional cost to City. H.TheCONSULTANT shall present the schematic design studies to all the appropriate utility companies(suchas PPL,Southern Bell,Dynamic Cable.MDWASA,etc.)foranyconflictwith their utilities. Page3 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM6-18-13) I.The Statement of Probable Construction Cost shall include estimated costofthe Project includingfixedequipment,professionalfees,contingencies(ifany),escalationfactors adjusted tothe estimated biddate,movable estimate (if any),andutilityservice extensions(if applicable).TheCONSULTANTSopinionsofprobableTotalProjectCosts and Construction Costaretobe made onthe basis ofthe CONSULTANTS experience and qualifications andrepresent CONSULTANTS best judgment asan experienced and qualified professional,familiar withthe local constructionindustryandprices. J.The CONSULTANT shall submit and present two (2)copies ofall documents required underthis Phase,without additional charge,for approval bythe CITY and it shall not proceedwiththenext Phase untildirectedbytheCITYin writing. 2.2.2Phase II -StudyandDesign Development: A.From the approved Schematic Design documents,the CONSULTANT shall prepare Design Development Documents,comprising the drawings,outline specifications andother documents to fix anddescribethesizeandcharacteroftheentireProjectastoconstructionand finish materialsand otheritems incidental theretoasmaybe appropriate and applicable. B.The Design Development Documents shall comprise the Proposed Project Timetable (updated),Outline Specifications,Updated Statementof Probable Construction Cost,and Design Development Drawings,etc.,asrequiredtoclearlydelineatetheProject.Ifthe Updated Statement of Probable Construction Cost exceeds the allocated funds,feasible cost or scope reduction options shallbeincluded. C.TheCONSULTANT shall submit and presenttwo (2)setsof all documents required under this Phase,without additionalcharge,forapprovalbytheCITYand not proceed with the next Phaseuntil directed by the CITY inwriting. 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. 2.2.3Phase 111 -Final Design/Construction Documents Development: A.From theapproved Design DevelopmentDocuments,the CONSULTANT shall prepare Final Construction Documents setting forthindetail the requirements for the construction of the ProjectincludingtheProposal(Bid)Form and other necessaryinformationforbidders, Conditions of the Contract,and Complete DrawingsandSpecifications.The CONSULTANT shalluse Construction SpecificationsInstitute (CSI)Standardsandthe City ofSouth Miami Standardformsfor the preparationoftheproposal(bid)forms,Instructions to Bidders, conditions of Contract andSpecifications.The CONSULTANT shall review allexistingCity Specifications,for completeness priortouseandshallsupplyall needed additional specifications.The final draft of the construction documents shall meet the requirements of andbe approved by the City Attorney. B.TheConstructionDocuments shall be prepared in amannerthatwillassure clarity of line work, notes,and dimensions when the documents are reduced to 50%of their size.Alldrawingsshallbe Page4 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) on24"x 36M paper ("D"size),onthe CITY's standardsheet format,approved otherwise. C.Allconstructiondocuments shall besubmittedinboth "hard copy"and electronic media ina mutually agreeduponelectronicformat,but generally as follows: 1.Non-drawing submittals in Microsoft Office Word format. 2.Drawings In AutoCAD format. 3.GIS filesshouldbeIn ArcVlew formatVersion3.2. D.Whenthedevelopmentofthe drawings has progressed toatleast 50%completionin Phase III.the CONSULTANT shallsubmit two (2)copiestotheCITYforapproval,without additional charge,along with updated outline specifications.The CONSULTANT shall also submit atthistimean updated Statement of Probable Construction cost asindicatedby time factor,changesin requirements,orgeneral market conditions andanupdated Project Schedule. E.The CONSULTANT shall notproceedwiththefurtherdevelopmentuntil approval ofthe documents Is receivedfromthe CITY in writing.The CONSULTANT shall makeallchanges to documents requiredbytheCITYbeforeproceedingfurther.A set oftherevised documents shallbe returned totheCITYafterIncorporatingallof the changes,ifany. F.A Notice to Proceedfor the completion of Phase III will not beissuedifthe latest Statement of Probable Construction Cost exceeds the total allocated funds,unless the CITY Increases the totalallocatedfundsorthe CONSULTANT andtheCITYagreeson methods ofcostreductions sufficientto enable constructionwithintheproject budget. G.Upon 100%completionoftheConstructionDocuments,the CONSULTANT shall submittotheCITY a final,updatedStatementof Probable ConstructionCostalongwithtwo(2)copieseachofthe final draft of all drawings,specifications,reports,programs,etc..without additional charge,fora final reviewandcommentsor approvals. H.TheCONSULTANT shall make all the necessary presentations tothe appropriate CITY Boards which wouldbenormallyrequiredofanyconstructionproject(suchas Environmental Review Board, Historical Preservation Board etc.)forthe final approval. I.TheCONSULTANTatnoextracosttotheCITY shall make all required changes or additions and resolve all questions resultingfromBoardreview(see paragraph H)if the changesor additions do not alterthe scope ofthe project as determined underparagraph 2.2.1 A.The 100%complete final Construction Documents shall bereturnedtotheCITYfor final approval. Upon final approvalbytheCITY,the CONSULTANT shall furnish totheCITYaminimumof 30setsof drawings and specifications,without additional charge totheCITYfor bidding purposes,unless instructed otherwise. J.The CONSULTANT shall arrange for "dry runs"and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City,County,State or Federal)as necessary,to ascertain that theConstructionDocuments meet thenecessaryrequirementstoobtain all the necessary permitsfor construction.TheCONSULTANT shall respond to all technical questionsfrom regulatory agencies.TheCONSULTANT shall modify,atno additional costto CITY, in order toacquirethenecessarypermits. 2.2.4Phase IV -Bidding and Negotiation Phase: Page5 of36 Professional Service AGREEMENT Tpepe©07-3!-13 (Revised SK4-3-13,GM 6-18-13) A.Upon obtaining all necessary approvals ofthe Construction Documents,and approval by theCITYofthe latest Statementof Probable ConstructionCost,the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding,and assist the CITY in obtaining bidsas well as awarding and preparing construction contracts.The CONSULTANT shall attend all pre-bld conferences.The CONSULTANT shall be present during the bid opening and as part ofits assistance tothe CITY will tally,evaluate and issue a recommendationtotheCITYafter verifying bond,insurance documents,questionnaire and referencesubmittedbytheconstructor. B.TheCONSULTANT shall issueAddendatotheConstructionDocumentsthroughthe CITYas appropriate to clarify,corrector change Bid Documents. C.If Pre-Quallfication ofbidders Is required asset forth intheRequestfor Qualification,the CONSULTANT shall assist Cityin developing qualification criteria,review qualifications of prospective bidders,and recommend acceptance or rejection ofthe prospective bidders. D.Ifthe lowest responsible Base Bid receivedexceedstheTotalAllocated Funds theCITY may: 1.Approve the increase in Project Cost and award a construction contract or, 2.reject all bids and rebid the Project within a reasonable time with no change in the Project,or 3.Direct the CONSULTANT to revise the Project scope or quality,or both,as approved bytheCITYand rebld theProject,or 4.Suspend or abandon the Project,or 5.Exercise all options under the City Charter and State Law. NOTE:Underitem(2)and(3)above,theCONSULTANT shall,without additional compensation, assisttheCITYin obtaining re-bids,and awarding the re-bid oftheproject.Underitem(3)above, the CONSULTANT shall,without additional compensation,modifytheConstructionDocuments as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bidis over 15%of the CONSULTANT estimate.All construction contracts must be approved by the City Commission after the Cityawards the contract forcommission approval. E.Forthepurposeofpaymenttothe CONSULTANT,the Bidding Phase will terminate and the services of the CONSULTANT willbe considered complete upon signing of an AGREEMENT withaContractor.Rejectionof bids bytheCITYdoesnotconstitute cancellation ofthe project. 3.2.5 Phase V -General Administration of the Construction Contract: A.The Construction Phase will begin with the City Commission approval ofthe award ofthe ConstructionContractandwillendwhentheContractor's final Payment Certificateisapproved andpaidbytheCITY. B.The CONSULTANT,as die representative ofthe CITY during the Construction Phase,shall adviseandconsultwiththeCITYand shall haveauthoritytoactonbehalfoftheCITYto the extent providedIntheGeneralConditionsandasmodifiedintheSupplementaryConditionsof the Construction Contract. Page6 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) C.The CONSULTANT shall attend pre-construction meetings. D.The CONSULTANT shallatalltimeshaveaccesstothe project wherever itisin preparation or progress. E.The CONSULTANT shall visitthesiteatleastweeklyandat all keyconstruction events to ascertain the progress of the Projectand to determine ingeneralifthe WORK is proceeding in accordance with the Contract Documents.On the basis of on-site observations,theCONSULTANT will use reasonable andcustomarycareto guard the CITYagainst defects anddeficienciesinthe WORK.The CONSULTANT maybe required to provide continuous daily on-site observations to checkthequalityor quantity of the WORK as set forthinthisAGREEMENTanddefined by theScopeof WORK issued for the individual project.On the basis of the on-site observations,the CONSULTANT willadvise the CITY asto the progress of andany observed defects and deficiencies in the WORK immediately inwriting. F.The CONSULTANT shallfurnish the CITY with a written report of all observations of the WORK made by him duringeachvisitto the WORK.Heshallalso note the general status and progress of the WORK,andshall submit same ina timely manner.The CONSULTANT shallascertainatleastmonthlythat the Contractor ismakingtimely, accurate,and complete notations on record drawings. G.Based on observations at the site andon the Contractor's Payment Certificate,the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate insuch amounts.The recommendation of approval of aPayment Certificate shall constitute a representation bythe CONSULTANT to the CITY that,the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated,and the qualityofthe WORK isin accordance with the Contract Documents subject to: 1.An evaluation oftheWORKfor conformance withtheContract Documents upon substantial completion. 2.Theresultsofanysubsequenttests required bytheContract Documents. 3.Minor deviations fromtheContractDocumentscorrectablepriortocompletionand acceptanceoftheproject. 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 willhave authority (with the City's priorapproval)to recommend special inspections or testing of any WORK deemed not tobein accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project,orinstalledand completed. I.The CONSULTANT shallpromptlyreviewand approve shopdrawings,samples,and other submissions of the Contractor for conformance with the design concept of the Project andfor compliance with the Contract Documents.Changesor substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J.TheCONSULTANT shall review and recommend action onproposed Change Orders Page7 of36 Professional Service AGREEMENT Tpepe©07-31-I3 (Revised SK 4-3-13,GM 6-18-13) initiatedbyothers,andinitiateproposed change orders asrequiredbyitsown observationsortherequirementofthe CITY. K.The CONSULTANT shall examine the WORK upon receipt ofthe Contractor's Certificate of Substantial Completion of the Project.APunchListofany defects and discrepancies intheWORK required tobe corrected bythe Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITYand satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment tothe Contractor.He shall obtain fromtheContractorall warranties,guarantees,operating and maintenance manuals for equipment,releasesoflienandsuch other documentsandcertificatesasmaybe requiredby applicable codes,laws,policy regulations,thespecificationsandthe other Contract Documents and deliver them to the CITY. L The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the ContractDocuments relative to,I)initial instruction ofCITY personnel inthe operation and maintenance ofanyequipmentor system,2)initial start-up and testing,adjusting and balancing of equipmentand systems,and,3)final clean-up oftheproject M.The CONSULTANT shall provide the contractor with three setsof drawings labeled "Construction Plans'*forpermit from Public Works. 2.2.6 Phase VI -Post Construction Administration A.The CONSULTANT shall prepare and provide the CITY with a written manual,tobe used by theCITY,outliningthe implementation plan of all the required maintenance necessarytokeep theproposed WORK operational inasafeandeffectivemanner. B.The CONSULTANT shall furnish to the CITY,reproducible record (as-built)drawings updated basedoninformation furnished bytheContractor:such drawings shall becomethepropertyof the CITY. C.The CONSULTANT shall assist in the inspection oftheWORKonemonthbeforethe expiration of any guarantee periodor the sixth month whichever isearlierand report any defective WORK intheProjectundertermsoftheguarantee/warrantiesforcorrection. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK thatmaybediscoveredduringthe said period. D.The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" thatwillinclude,asaminimum,acopyof: •Certificatesofcompletion •As-Builts (1/2 size) •Test Results •Dally construction inspection reports •Progressmeetingminutes •Approvedshop drawings •Warranty manualsas applicable •Final release of liens Page 8 of36 Professional Service AGREEMENT Tpepe©07-31-13 (RevisedSK 4-3-13,GM 6-18-13) •Final payment to contractor 2.3 Additional Professional Services Additional Servicesaslisted below arenormally considered to be beyond the scope of theBasic Services fordesignand construction,as defined inthis AGREEMENT,but which are additional services whichmaybeauthorizedwithintheScopeof Work giventhe CONSULTANT. A.Special analysis ofthe CITY'S needs,and special programming requirements fora project. B.Financial feasibility,life cycle costing orother special studies. C.Planning surveys,site evaluations,or comparative studies of prospective sites. D.Designservicesrelativetofuture facilities,systemsandequipment,whicharenotintendedtobe constructedaspartofa specific Project E.Services toinvestigateexisting conditions (excluding utilities)or facilities ortomake measured drawings thereof,or toverifythe accuracy of drawings or other information furnishedbytheCITY. F.Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material,equipment andlaborrequiredfora Project. G.Consultationconcerningreplacementofany WORK damagedbyfireor other causeduring construction,and furnishing professional servicesofthetypesetforthin Basic Services asmayberequiredrelativeto replacement ofsuchWORK,providing thecauseis found bythe CITY tobe other thanbyfaultofthe CONSULTANT. H.Professional servicesmadenecessarybythedefaultoftheContractororbymajordefectsinthe WORKunderthe Construction Contract,providing the cause is found bythe CITY tobeother than by fault of the CONSULTANT. I.Making majorrevisions changing theScopeofaproject,todrawingsandspecificationswhen suchrevisionsare Inconsistent with written approvals or instruction previouslygivenby the CITY andaredue to causes beyond the control of the CONSULTANT. (Majorrevisionsaredefinedas those changing theScopeand arrangement of spacesand/or schemeoranyportion). J.Theservicesofoneormore full-time ProjectRepresentatives. K.Preparing toserveor serving as anexpertwitnessinconnectionwithany arbitration proceeding or legal proceedingIn connection withaProject. L.Professional services required after approval bytheCITYorthe Contractor's Requisition for Final Payment,exceptasotherwise required under Basic Services. M.Preparing supporting data,drawings,and specifications asmaybe required for Change Orders affecting thescopeofa Project provided the Changes aredueto causes found bytheCITYtobe beyond the control of the CONSULTANT. Page9 of36 Professional Service AGREEMENT TpepeO07-31-13 (Revised SK 4-3-13,GM 6-18-13) 3.0 pme for Cpmpletipn TheservicestoberenderedbytheCONSULTANTforanyWORK shall becommenceduponwritten Notice to Proceed from the CITY subsequent to the execution of thisAGREEMENTandshallbe completed within the time based on reasonable determination,stated in the said Notice to Proceed. AreasonableextensionoftimewillbegrantedintheeventthereisadelayonthepartoftheCITYin fulfilling itspartofthe AGREEMENT,change ofscopeofworkor should anyothereventsbeyondthe control ofthe CONSULTANT render performance of his duties impossible. 4.0 Basis ofCompensation The CONSULTANT agrees to negotiate a "not to exceed"feeorafixedsumfeeforeachof the WORK assigned tohimbasedontheScopeofsuchWORK.Upon AGREEMENT ofafee,theCITY will issuea written authorizationto proceed tothe CONSULTANT.Incaseofemergency,theCITYreserves the righttoissueoral authorization to the CONSULTANT,with the understandlnjg that written confirmation willfollow immediately thereafter aspossible.For reproduction ofplansandspecifications,beyondthe requirementsasidentifiedunderthis AGREEMENT theCITYwillpaythedirectcosts. The fees for Professional Services for each Project shall be determined byoneofthe following methodsora combination thereof,as mutually agreeduponbytheCITYandtheCONSULTANT. Afixedsum:Thefeeforataskorascopeofworkmaybea fixed sumas mutually agreeduponbytheCITYand the CONSULTANT: Page10 of36 Professional Service AGREEMENT Tpepe©07-3M3 (RevisedSK 4-3-13,GM 6-18-13) Hourly rate fee:The CITY agreesto pay,andthe CONSULTANT agreestoaccept,forthe services rendered pursuanttothis AGREEMENT,feesinaccordance with the following: Category .Hourly Rate Principal $210 Project Manager $ISO Senior Engineer $175 Engineer $150 Construction Manager $100 Construction Inspection $100 Senior Draftsman/Technical/CADD Operator $85 Draftsmen $80 Data Processing /Clerical $65 Hourlyrates will includeall wages,benefits,overheadandprofit. Page11 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13.GM 6-18-13) 5.0 Payment and Partial Payments TheCITY will makemonthlypaymentsor partial paymentstotheCONSULTANTforaltauthorized WORKperformed during theprevious calendar month.For design and constructionprojectswherefee foreachphaseis not specified,suchpayment shall,inthe aggregate,not exceed thepercentage of the estimated total Basic Compensation indicatedbelowforeach phase: •15%upon completion andapprovalofPhase I. •35%upon completion andapprovalofPhase II. •55%upon submittal and approval of 50%complete drawings and outline specifications of Phase III. •75%upon 100%completionand approval of Phases 111 and IV. •90%upon completion ofthe Project and approval of all WORK Phase V). •100%upon final completion andapproval of WORK elements Aand B of PhaseVI. The CONSULTANT shall submit an original invoice tothe City's project representative for each payment certifying thepercentageofthe WORK completedbytheCONSULTANT. The amount ofthe invoices submitted shall bethe amount due for all WORK performed to date,as certified by the CONSULTANT. Therequestforpayment shall Include the following information: Project Name and CONSULTANT'S Name. TotalContractamount (CONSULTANT'S lumpsum negotiated),If applicable. Percent of work completed. Amount earned. Amount previouslybilled. Due this invoice. Balance remaining. Summaryof work donethis billing period. Invoice number and date. CONSULTANT'S W-9 UponrequestbytheCITYtheCONSULTANT shall provide theCITYwith certified payroll data fortheWORK reflecting salaries andhourlyrates. 6.0 Right QfPecfsJons Allservices shall be performed bythe CONSULTANT tothe satisfaction of the CITY'S representative,who shall decideallquestions,difficulties anddisputesofwhatevernaturewhichmayariseunderorbyreasonof this AGREEMENT,the prosecution andfulfillmentoftheservices,and the character,quality,amount and valueandtherepresentative'sdecisionsupon all claims,questions,anddisputes shall be final,conclusiveand binding uponthepartiesunlesssuchdeterminationis clearly arbitrary or unreasonable.In the event thatthe CONSULTANT doesnotconcur In the judgment ofthe representative astoany decisions madeby him,he shall presenthiswrittenobjectionstotheCity Manager and shall abide bythedecisionoftheCity Manager. Nothing In thissection shall meantodenytherighttoarbitrate,byeitherparty,inaccordancewiththe appropriateArbitrationRulesoftheAmericanArbitrationAssociation. 7.0 Ownership of Documents Page12 of 36 Professional Service AGREEMENT Tpcpe©07-31-I3 (Revised SK 4-3-13,GM 6-18-13) All reports and reproducible plans,and other data developed bythe CONSULTANT forthepurpose ofthis AGREEMENT shall becomethe property ofthe CITY withoutrestrictionor limitation in connection with the owner's useandoccupancyoftheproject.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 sectionofthe WORK underthis AGREEMENT Is completealloftheabove applicable data shall be delivered to the CITY. 8.0 Court Appearances.Conferences andHearings Nothinginthiscontract shall obligatetheCONSULTANTtopreparefororappearin litigation onbehalf oftheCITY without additionalcompensationexceptforanydisputearising out ofthiscontractunless theCONSULTANToritsemployeeis subpoenaed totestifyasafactwitness.Theamountofsuch compensationfor expert preparationandtestimonyorconsultation shall bemutuallyagreeduponandbe subject to a supplemental AGREEMENT approved by the City Commissioners andupon receipt of writtenauthorizationfromtheCITYpriortoperformanceofacourt appearance andconference. The CONSULTANT shall confer with the CITYatany time during construction of the improvement contemplatedasto interpretation of plans,correctionoferrorsandomissionsandpreparationofany necessaryplan thereof to correct such errors andomissionsorclarify without addedcompensation. 9.0 Notices Anynotices,reportsor other writtencommunicationsfromthe CONSULTANT totheCITY shall be considereddeliveredwhenreceivedbytheCITY,Anynotices,reportsor other communicationsfromthe CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or Its authorized representative. lo.o Audit Rights. TheCITY reserves therighttoauditthe records ofthe CONSULTANT related tothis AGREEMENT at any time during theexecutionofthe WORK andfora period ofoneyearafter final paymentis made.This provision is applicableonly to projects that areona time and cost basis. 11.0 Subletting TheCONSULTANT shall not sublet,assign,or transfer any WORKunderthis AGREEMENT withoutthe prior written consent of the CITY. 12,0 Warranty The CONSULTANT warrants that ithas not employed orretainedany company orperson,other than abona fide employeeworkingsolelyfortheCONSULTANT,tosolicitorsecurethiscontractandthat hehas not paid or agreedtopayanycompanyorperson other thanabonafide employee working solely for the CONSULTANT anyfee,commission,percentage fee,giftsorany other considerations contingent uponor resulting from the awardormaking of this contract.Forbreachorviolation of this warranty,the CITY shallhave the right to annulthis contract without liability. 13.0 Termination of AGREEMENT Page13 of36 Professional Service AGREEMENT Tpepe©07-31 -13 (RevisedSK4-3-13,GM 6-18-13) 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 ofthe WORK performed by the CONSULTANTup to the time of termination. Upon termination,the CITY shall be entitled toa refund ofany monies paid for any period oftime subsequent to date of termination for which no work was performed. 14.0 Duration of AGREEMENT This AGREEMENT shall remain In force until the actual completion of performance ofa given project awarded to the CONSULTANT,or unless otherwise terminated by the CITY. 15.0 Renewal Option This AGREEMENT may be renewed,atthe sole discretion ofthe CITY,foran additional period notto exceed a totalcontract period,including renewals,of five (5)years. 16.0 Default In the event eitherparty foils to comply with the provisions of this AGREEMENT,the aggrieved party may declare theother party in default and notify him in writing.In such event,the CONSULTANT will only be compensated foranycompleted professional services.In theevent partial payment hasbeenmadefor such professional services not completed,the CONSULTANT shall return such sums tothe CITY within ten (10) days after notice that said sums are due.In the event of any litigation between the parties arising outofor relating in any way tothis AGREEMENT ora breach thereof,each party shall bearitsowncostsand legal fees. 17.0 Insurance and Indemnification The CONSULTANT shall maintain during thetermofthis AGREEMENT the insurance assetforthin "Attachment A,Insurance and Indemnification"to thisAGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing Inthis AGREEMENT shall prevent die CITY from employing other CONSULTANTS toperformthe same or similar services. 19.0 Codes.Ordinances and Laws The CONSULTANT agreesto abide andbe governed by all duly promulgated and published municipal, County,stateandfederalcodes,ordinances,rules,regulations and laws ineffectatthetimeof design which have adirect bearing onthe WORK involved onthis project.The CONSULTANT is required to completeand sign all affidavits,including Public Entity Crimes Affidavit form(attached)pursuantto FS 287.133(3)(a);as required bytheRequestforQualificationsapplicabletothis AGREEMENT. 20.0 laxjes. Page14 of 36 Professional Service AGREEMENT Tpepe©07-31-I3 (Revised SK 4-3-13,GM 6-18-13) CONSULTANT shallberesponsibleforallpaymentsoffederal,state,and/orlocal taxes related to theOperations, inclusive ofsalestaxif applicable. 21.0 Drug Free Workplace CONSULTANT shall comply with the DrugFree Workplace policysetforthin attachment #twowhichismadea part of this AGREEMENT by reference. 210 Independent Contractor CONSULTANTisanindependententityunderthis AGREEMENT and nothing herein shall beconstruedtocreate apartnership,joint venture,or agencyrelationship between the parties. 23.0Dutiesand Responsibilities CONSULTANT agreestoprovideitsservicesduringthetermofthisAGREEMENTinaccordancewithall applicable laws,rules,regulations,andhealthandsafetystandardsofthe federal,state,andCity,whichmaybe applicable to the servicebeingprovided. 24.0 Licenses and Certifications CONSULTANT shall secureailnecessarybusinessand professional licenses atitssoleexpensepriortoexecuting the AGREEMENT. 25.0 Entirety of AGREEMENT Thiswritingembodiesthe entire AGREEMENT andunderstanding between theparties hereto,andthere areno other AGREEMENTSand understandings,oralor 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 shallbevalidunlessmadeinwriting andsignedbybothpartieshereto,and approvedbytheCity Commissioner Ifrequiredby municipal ordinanceorcharter. 26.0 fury Trial CITYand CONSULTANT knowingly,irrevocably voluntarily and intentionally waiveanyrighteithermayhavetoa trial byjuryinStateor Federal Court proceedings inrespecttoany action,proceeding,lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 Validity pf Executed Copies ThisAGREEMENTmaybe executed inseveralcounterparts,eachofwhichmaybe construed asan original. 28.0Rulespf Interpretation Throughoutthis AGREEMENT themalepronounmaybesubstitutedfor female andneuterandthe singular words substituted forpluralandplural words substituted for singular wherever applicable. 29.0 Severability If any term orprovision of thisAGREEMENTortheapplication thereof to anypersonorcircumstance shall, Page 15 of36 Professional Service AGREEMENT Tpepe€>07-31-13 (Revised SK 4-3-13,GM 6-18-13) toanyextent,be invalid or unenforceable,the remainder ofthis AGREEMENT,orthe application ofsuch termorprovision to personsorcircumstancesotherthanthosetowhichitisheld invalid orunenforceable, shall notbeaffected thereby andeach term andprovisionofthis AGREEMENT shallbevalidandenforceable tothe fullest extentpermittedby law. 30.0 Non-Waiver CITY and CONSULTANT agree thatno failure to exercise and no delay in exercising any right,poweror privilege underthis AGREEMENT onthepartofeitherparty shall operateasawaiverofany right,power,or privilege under this AGREEMENT.No waiver ofthis AGREEMENT,inwholeor part,including the provisions ofthis paragraph,maybeimpliedbyanyactoromissionandwillonlybe valid andenforceableif In writing andduly executed byeachofthepartiestothis AGREEMENT.Anywaiverofanyterm,conditionor provision ofthis AGREEMENT will not constitute a waiver of any other term,condition or provision hereof, nor will a waiver ofany breach ofanyterm,condition or provision constitutea waiver ofany subsequent or succeedingbreach. 3L0 No Discrimination Noaction shall betakenbytheCONSULTANT which would discriminate against any person onthe basis of race, creed,color,nationalorigin,religion,sex,familial status,ethnicity,sexualorientationor disability.The CONSULTANT shall comply with the Americans withDisabilitiesAct 32.0 Equal Employment In accordancewith Federal,StateandLocallaw,the CONSULTANT shall not discriminateagainstany employee orapplicantfor employment becauseofrace,color,ethnicity,religion,sex,sexualorientation, nationaloriginorhandicap.The CONSULTANT shallcomplywithallaspects of theAmericanswith Disabilities Act (ADA)duringtheperformanceofthiscontract. 33.0 Governing Laws ThisAGREEMENTand the performance of services hereunder willbe governed bythelawsoftheStateof Florida,with exclusive venue for the resolution ofanydisputebeinga court of competent jurisdictionin Miami-Dade County,Florida. 34.0 Effective Date ThisAGREEMENTshall not become effectiveandbindinguntilithasbeen executed bybothparties hereto and theeffectivedate shall bethedateofitsexecutionbythelast party soexecutingit. 3S.0ThirdPartyBeneficiary Itis specifically understoodandagreedthatnootherpersonorentity shall beathirdparty beneficiary hereunder,andthatnoneof provisions ofthis AGREEMENT shall beforthebenefitoforbeenforceableby anyone other than the parties hereto,andthatonlytheparties hereto shallhaveanyrights hereunder. 36.0 Further Assurances Theparties hereto agreetoexecuteanyandailotherandfurtherdocumentsasmightbereasonablynecessary In order to ratify,confirm,andeffectuate the IntentandpurposesoftheAGREEMENT. Page 16 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall notbeconstruedmore strongly against either party hereto,regardless ofwhowas more responsibleforitspreparation. 39.0ForceMajeure Neitherpartyhereto shall be In defaultofits failure toperformitsobligationsunderthis AGREEMENT if causedbyacts of God,civil commotion,strikes,labordisputes,or governmental demandsor requirements thatcould not bereasonablyanticipatedandtheeffects avoided ormitigated.Each party shallnotify the other of anysuch occurrence. 40.0 Notices Whenever notice shallbe required or permitted herein,itshallbe delivered byhanddelivery,e-mail, facsimile transmission or certified mail,with return receipt requested andshallbe deemed delivered onthe dateshownonthedeliveryconfirmationorifbycertified mail,thedateonthereturnreceiptorthedate shown as the date same was refused or unclaimed.Notices shallbe delivered to the followingindividualsor entitiesattheaddresses (including e-mail)or facsimile transmissionnumbers set forthbelow: To CITY: With copies byU.S.mailto: To CONSULTANT: City Manager.5rWvey\ 6130 Sunset Dr. South Miami,FL 33143 Pax: E-mail: fVJ2^<SlKY\&<Lv City Attorney,ThomasPepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax:(305)341-0584 E-mail:tpepetgscujthmiamlfl.gov Page17 of 36 Professional Service AGREEMENT Tpepc@07-3M3 (Revised SK 4-3-13,GM 6-18-13) IN WITNESSWHEREOF,thisAGREEMENTisacceptedonthedate fn and conditions set forth herein. CONTI ATTESTED: By: MariaM.Menendez,CMC City Clerk By: Page18 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) subject to the terms ]w^^ Attachment A Insurance and Indemnification Page19 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM6-18-13) Insurance and Indemnification Without limiting its liability,the contractor,consultant or consulting firm (hereinafter referred toas "FIRM" with regard to Insurance and Indemnification requirements)shall be required to procure and maintain atits ownexpenseduringthelifeofthe Contract,insuranceofthetypesand in theminimumamountsstated below as will protect the FIRM,fromclaims which mayarise out of or result from the contract or the performance ofthecontractwiththeCityofSouth Miami,whether such claim is against the FIRM orany sub-contractor,orbyanyonedirectlyor indirectly employed byanyofthemorbyanyoneforwhoseactsany of them maybeliable. No insurance required bythe CITY shall be issued or written bya surplus lines carrier unless authorized in writing by the CITY and such authorization shallbeat the CITY's sole and absolute discretion.The FIRM shall purchase insurance fromand shall maintain the insurance withacompanyor companies lawfully authorized tosell insurance intheStateof Florida,on forms approved bythe State of Florida,as will protect the FIRM,ata minimum,fromall claims assetforthbelow which may arise outoforresultfromthe FIRM's operationsunderthe Contract andforwhichthe FIRM maybe legally liable,whether suchoperationsbeby the FIRM orbya Subcontractor orby anyone directly or indirectly employed by any ofthem,orby anyone forwhoseactsanyofthemmaybe liable:(a)claims under workers*compensation,disability benefitand other similar employeebenefitactswhichare applicable tothe Work tobeperformed;(b)claims for damages becauseofbodily Injury,occupational sickness or disease,ordeathofthe FIRM's employees;(c) claims for damages because of bodily injury,sicknessor disease,ordeathofanypersonotherthanthe FIRM'S employees;(d)claimsfor damages insuredby usual personal Injury liability coverage;(e)claimsfor damages,otherthantothe Work itself,because of injury toor destruction of tangible property,including lossofuseresultingtherefrom;(f)claims for damages becauseofbodily injury,deathofapersonor property damagearising out of ownership,maintenance oruse of a motor vehicle;(g)claimsfor bodily injury or property damagearising out of completed operations;and(h)claimsinvolving contractual liability insurance applicable tothe FIRM's obligationsundertheContract. Firm's Liability Insurance: A.The FIRM shall provideand maintain inforceandeffectuntil all the Work tobeperformedunder this Contract hasbeen completed andacceptedbyCITY(orforsuchdurationasis otherwise specified hereinafter),the insurancecoverage written on Florida approved formsandas set forth below; (1)Professional Liability Insurance ona Florida approved formintheamountof$1,000,000with deductible perclaimifany,notto exceed 5%ofthelimitofliabilityprovidingforallsumswhich the FIRM shall become legallyobligatedtopayas damages forclaims arising out oftheservicesor work performed by the FIRM itsagents,representatives,Sub-Contractorsor assigns,orbyanyperson employed orretainedbyhiminconnectionwiththisContact.Thisinsuranceshallbemaintainedfor fouryearsaftercompletionoftheconstructionandacceptanceofanyProjectcoveredbythis Contact.However,the FIRM maypurchase Specific ProjectProfessional Liability insurance,inthe amountandunderthe terms specifiedabove,whichisalsoacceptable, (2)Workers'Compensation Insuranceatthestatutoryamountastoall employees incompliancewith the "Workers1 Compensation Law11 oftheStateof Florida including Chapter440,Florida Statutes,as presentlywrittenorhereafteramended,and all applicable federal laws. (3)Commercial Comprehensive General Liability insurancewithbroadform endorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined singlelimitperoccurrenceand$2,000,000aggregate,including:i •Personal Injury:$1,000,000; •Medical Insurance:$5,000 per person; •Property Damage:$500,000 each occurrence;j •Automobile Liability:$1,000,000eachaccident/occurrence. •Umbrella:$1,000,000 per claim Umbrella Comprehensive General Liability insurance shall be j Page 20 of 36 j Professional Service AGREEMENT i Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13)j written onaFloridaapprovedformwiththesamecoverageastheprimaryinsurancepolicybutin theamountof$1,000,000per claim and $2,000,000 Annual Aggregate.Coveragemustbeafforded onaformnomorerestrictivethanthelatesteditionofthe Comprehensive General Liability policy, without restrictive endorsements,asfiledby the Insurance Services Office,and must include: (a)Premisesand Operation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadForm Property Damage (f)BroadForm Contractual Coverageapplicabletothisspecific Contract,includinganyhold harmless and/or indemnification agreement. (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits ofcoverageequaltothoserequiredfor Bodily Injury Liability andProperty Damage Liability. (4)Business Automobile Liabilitywithminimumlimitsof One Million Dollars ($1,000,000.00)plusan additional FiveMillion Dollar ($5,000,000.00)umbrellaper occurrence combined singlelimitfor Bodily Injury Liability andProperty Damage Liability.Umbrella coverage mustbe afforded ona form no more restrictive than the latest editionofthe Business Automobile Liabilitypolicy,without restrictive endorsements,asfiledby with the state of Florida,and must include: (a)Owned Vehicles. (b)Hired and Non-Owned Vehicles (c)Employers1 Non-Ownership B.Before starting the Work,the FIRM shalldelivertotheCITYand CONSULTANT certificates ofsuch insurance,acceptabletothe CITY,aswellastheinsurancebinder,ifoneisissued,theinsurance policy, including thedeclaration page and all applicable endorsements and providethe name,addressand telephone number oftheinsuranceagent or broker throughwhomthepolicywas obtained.Theinsurer shallbe rated A.VII or better per A.M.Best'sKeyRatingGuide,latest edition and authorized toissue insurance in the State ofFlorida.All insurance policiesmustbe written onforms approved bytheState ofFloridaand they must remain infull force andeffectforthe duration of the contract period withthe CITY.The FIRM mustprovidea"certifiedcopy"ofthe Policy (asdefinedinArticle I ofthisdocument) whichshallinclude the declaration pageandall required endorsements.Inaddition,the FIRM shall deliver,atthetimeofdeliveryoftheinsurancecertificate,the following endorsements: (a)an endorsement tothepolicystating:"The CityofSouth Miami isanadditionalnamedinsured withtherightbutnottheobligationtopayany unpaid premiumandprovidingthatthecitydoesnot haveanyduty or obligationto provide firstnoticeofclaimforanyliabilityitincursand that arises out of theacts,omissions or operations ofthenamedinsured.The insurer willpayallsums that the CityofSouth Miami becomes legally obligatedtopayas damages becauseof 'bodily Injury",'property damage',or "personal andadvertising Injury"anditwillprovidetotheCityallofthecoveragethat Is typically provided under the standard Florida approved forms for commercial general liability coverageAandcoverage B";(b)an endorsement that states: 'This policy shallnotbecancelled (including cancellation fornon-paymentof premium),terminated or materiallymodified without firstgivingtheCityofSouth Miami 20daysadvanced written notice oftheintenttomateriallymodifythepolicyortocancelor terminate thepolicyforanyreason.The notification shallbedeliveredtotheCitybycertified mail,withproofofdeliverytotheCity." C.SUBCONTRACTS:The FIRM agrees that If anypartoftheWorkunderthe Contract issublet,the subcontract shall contain the same insuranceprovisionas set forthin section AandBaboveand substituting the word SUBCONTRACTORfortheword FIRM and substituting the word FIRM forCITY where applicable. Fire and Extended Coverage insurance (Builders'Risk).IF APPLICABLE: A.Intheevent that this contract involvesthe construction ofa structure bythe FIRM,the FIRM shall maintain,withanInsuranceCompanyorInsuranceCompaniesacceptabletothe CITY,"Broad0 form/All Risk Property Insurance onbuildingsand structures,while in the course of construction,including Page21 of36 Professional Service AGREEMENT Tpepe©07-31-J3(Revised SK4-3-13,GM 6-18-13) foundations,additions,attachmentsand all permanent fixtures belonging toandconstitutingapart of said buildings orstructures.Thepolicyor policies shall alsocover machinery,ifthecostof machinery is included intheContract,orifthe machinery islocatedina building thatis being renovated byreasonof thiscontract.Theamountof insurance must,at all times,beatleast equal tothereplacementvalue of theinsured property.Thepolicyshallbeinthe name oftheCITYandthe FIRM,astheir interest may appear,and shall also coverthe interests of all Subcontractors performing Work. B.Alloftheprovisionssetforth in SectionBhereinabove shall applytothis coverage unlessitwouldbe clearly not applicable. Miscellaneous: A.If any notice of cancellation of insurance or change in coverage is issued bythe insurance company or should any Insurance have an expiration datethat will occur during the period ofthis contract,the FIRM shall beresponsibleforsecuringother acceptable insurance priortosuch cancellation,change,or expirationsoastoprovidecontinuouscoverageasspecifiedinthissectionandsoas to maintain coverage during the life ofthis Contract.The CITY shall have the option,butnotthe duty,to pay any unpaid premium andtherightto terminate or cancel the policy thereafterwithoutnoticeto FIRM or liability on the part of the CITY to the FIRM forsuchcancellation. B.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Attheoptionofthe CITY,eitherthe FIRM shall eliminate orreducesuch deductible orthe FIRM shall procurea Bond,ina formsatisfactory to theCITYcoveringthesame. C.The policies shall contain waiver of subrogation against CITYwhere applicable,shall expressly provide that such policy or policies are primary overanyother collectible insurance thatCITYmay have.The CITY reservestherightatany time torequestacopyoftherequired policies forreview.All policies shall contain a "severability of interest*'or "cross liability"clause without obligation for premium payment of the CITY. Indemnification; A.The FIRM shall indemnify andsavetheCITY harmless from any and all damages,claims,liability,losses and causes ofactionsofanykindornature arising outofa negligent error,omission,oractofthe FIRM, its agents,representatives,employees,Sub-Contractor,or assigns,Incident to arising out oforresulting from the performance ofthe FIRM'S professional services underthis AGREEMENT.The FIRM shall pay all claims andlossesofanykindornaturewhatsoever,In connectiontherewith,including the CITY's attorney's fees and expensesinthe defense of any action in law or equity brought against theCITY arising fromthe negligent error,omission,oractofthe FIRM,its agents,representatives,employees, Sub-Contractor,or assigns,Incident to,arising outofor resulting fromthe performance ofthe FIRM's professional services under this AGREEMENT. B.The FIRM agreesandrecognizesthattheCITY shall notbeheld liable orresponsibleforany claims. Including thecostsandexpensesof defending such claims whichmayresultfromorariseoutof actions oromissionsofthe FIRM,itsagents,representatives,employees,Sub-Contractors,sub-contractors,or assigns.In reviewing,approving or rejecting any submissions oractsofthe FIRM,theCITY In noway assumes orshares responsibility or liability ofthe FIRMS,Sub-Contractors,their agents or assigns. Page22 of36 Professional Service AGREEMENT Tpepe©07-3M3 (RevisedSK 4-3-13,GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page23 of36 Professional Service AGREEMENT Tpepe©07-3i-13 (RevisedSK4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement under Section 287.133(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes andConflicts of Interest Affidavit,'1 shall becompletedand provided with theproposal submittal. 2.Neither the CONSULTANT,nor any of his/her/its employees shall be permitted torepresent anyclientbeforethe Commission oranyCommittee,departmentoragency of the CITY,and shall agreenottoundertake any otherprivaterepresentation which might createa conflict of interest with the CITY.TheCONSULTANTmaynot represent anyCommission member, individually,or,any member of their family or anybusinessinwhich the Commission member of their familyhasan interest. 3.All proposalsreceived will be considered public records.The CITY will considerallquotations usingsuch criteria as the CommissionorCityManagermay adopt at either of their sole discretion. TheCONSULTANT selected will be required to enter intoaformal AGREEMENT withtheCITY inaformsatisfactory to the CITY,priortotheexecutionofwhichtheCITYshallreserveall rights,including the right tochangeitsselection. 4.Respondent's Attachment#2 "Drug Free Workplace"form shall be completed and provided withtheproposal submittal. 5.Respondent's Attachment #3 "No Conflict of Interest NonCollusion Affidavit/'shall be completed andprovidedwiththeproposalsubmittal. 6.Respondent's Attachment #4"AcknowledgementandConformancewith OSHA Standards/1 shall becompletedand provided withthe proposal submittal. 7.Respondent's Attachment #5 "Related PartyTransactionVerificationForm"shall be completedandprovidedwiththeproposalsubmittal. Page 24 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (RevisedSK 4-3-13,GM 6-18-13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes -"A personor affiliate whohasbeen placed onthe convicted vendorlist following a conviction fora public entitycrime may notsubmita Bid ona Contract toprovideanygoodsorservicestoa public entity,may notsubmita Bid onaContractwitha public entityfortheconstructionorrepairofa public building or public work, may not submit bidsonleasesofrealpropertytoa public entity,may notbeawardedto perform workas a Contractor,supplier,Subcontractor,orConsultantundera Contract withanypublicentity,andmay not transact businesswithanypublicentityinexcessofthe threshold amount Category Twoof Section 287.017,Florida Statutes,forthirtysix(36)monthsfromthedateofbeingplacedonthe convicted vendor list". The award of any contracthereunder is subject tothe provisions ofChapter 112,Florida State Statutes.The CONSULTANT must disclose the name of any officer,director,partner,associate oragentwhois also an officer oremployeeoftheCityofSouth Miami or its agencies. SWORN STATEMENT PURSUANT TOSECTION 287.133 (3)(a). FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORMMUSTBESIGNED AND SWORN TO IN THEPRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORI2ED TO ADMINISTER OATHS.NJSTER OATHS. I.This sworn statement is submitted to ^)Uy\IVJil ^** [print name ofthe public entity] [print individual's name and title]^ft^fSpdrVr*-v*^*i /\^-*for ^A^wa^K 6W&*X«^«\prmt name of entity submitting sworn statement]vVW1^*11 ^ whose business address is (Maofcnftk h 4^ fafrCJM?U and (if applicable)its Federal ^\_^/j l^p fjCi Employer Identification Number (FEIN)is l*C/~J>0 >-^7 / (Iftheentityhasno FEIN,includetheSocialSecurityNumberofthe individual signingthis swornstatement:) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (I )(g),Florida Statutes, meansa violation ofanystateorfederallawbyapersonwithrespecttoanddirectlyrelatedto the transaction of business with any public entityorwithan agency or political subdivision of any otherstateoroftheUnitedStates,including,butnot limited to,anybidorcontractforgoods or services tobe provided toany public entityoran agency or political subdivision ofanyother stateorofthe United Statesand involving antitrust,fraud,theft,bribery,collusion,racketeering, conspiracy,or material misrepresentation. Page25 of36 Professional Service AGREEMENT Tpepe©07-3U3 (Revised SK 4-3-13,GM 6-18-13) 3.I understand that"convicted"or "conviction"as defined in Paragraph 287.133 (l)(b),Florida Statutes,means afinding of guiltora conviction of apublic entity crime,with or without an adjudicationofguilt,inanyfederalorstatetrial court ofrecordrelating to charges brought by indictment or information afterJuly 1,1989,asa result ofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contender. 4.I understand thatan "affiliate"as defined in Paragraph 287.133 (I )(a),Florida Statutes, means: (d)A predecessor or successor ofa person convicted ofa public entity crime;or (b)Anentity under the control of any natural person who Is active in the management of the entity and who has been convicted of apublic entity crime.The term "affiliate"includes those officers,directors,executives,partners,shareholders,employees,members,andagents who areactivein the management ofan affiliate.Theownershipby one personofshares constituting a controlling interest inany person,or apooling of equipment or income among persons when not forfair market valueunderan arm's lengthAGREEMENT,shallbeaprima facie casethatonepersoncontrolsanotherperson.Apersonwhoknowinglyenters into ajoint venture with a person who has been convicted of apublic entity crime inFloridaduringthe preceding 36 months shallbe considered anaffiliate. 5.I understandthata"person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany natural person or entity organizedunderthelawsofanystateor of the UnitedStates with thelegal power to enter into abinding contract and which bidsorapplies to bidon contracts for the provision ofgoodsorservicesledbya public entity,orwhichotherwise transacts or applies to transactbusinesswithapublicentity.Theterm"person"includes those officers,directors, executives,partners,shareholders,employees,members,andagentswhoareactiveinmanagement ofanentity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement.[Indicatewhich statement applies.] 1>Neither the entity submittingthissworn statement,nor anyofitsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the management of the entity,norany affiliate oftheentityhasbeenchargedwithandconvictedofa public entity crime subsequent to July I,1989. The entity submitting this sworn statement,oroneor more of itsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the management of theentity,oran affiliate oftheentityhasbeenchargedwithandconvictedofa public entity crime subsequent to July I,1989. The entity submitting thissworn statement,oroneor more of itsofficers,directors, executives,partners,shareholders,employees,members,oragentswhoareactiveinthe management of theentity,oran affiliate oftheentityhasbeenchargedwithandconvictedofa public entity crime subsequent ofJuly I,1989,However,there has been a subsequent proceeding before aHearing Officer oftheStateof Florida,Division of Administrative Hearings andthe Final Order entered by the Hearing Officer determined that it was not in the public interest toplace the entity submitting thissworn statement on the convicted vendor list. [Attach a copy of the final order.] Page26 of36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THEPUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OFTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDASTATUTES, CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FOI Sworn to and subscribed before me this Produced identification (Typeof identification) 10 #*"&»•**day of.201 V ^Personally knownor Notary Public-State My commission expires (Printed,typedorstampedcommissionednameofnotary public) Page27 of 36 Professional Service AGREEMENT Tpepe€>07-31-13 (Revised SK 4-3-13,GM 6-18-13) CSj()2*fc> ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever twoor more Bidswhichareequalwithrespectto price,qualityandservicearereceived by theStateor by any political subdivisions fortheprocurementofcommoditiesor contractual services, aBidreceivedfromabusiness that certifiesthat It hasImplementeda drug-free workplaceprogram shall begivenpreference in theawardprocess.Established proceduresforprocessingtie Bids willbe followed ifnoneofthetiedvendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1.Publish a statement notifying employees thatthe unlawful manufacture,distribution,dispensing, possession,oruse of acontrolledsubstanceis prohibited intheworkplaceand specifying theactions thatwillbetaken against employeesfor violations ofsuch Prohibition. 2.Inform employeesaboutthe dangers of drug abuse inthe workplace,the business1 policy of maintaining adrug-free workplace,any available drugcounseling,rehabilitation,andemployee assistance programs,andthe penalties thatmaybeimposeduponemployeesfordrugabuse violations. 3.Give each employee engaged In providing the commodities or contractual services that are under Bid acopyofthestatement specified In Subsection (I). 4.In thestatement specified in Subsection (I),notify the employees,that,asa condition of working onthecommoditiesorcontractualservicesthatareunder Bid,theemployeewillabidebythe termsofthe statement andwillnotifytheemployerofanyconvictionof,orpleaof guilty or nolo contender to,anyviolationofChapter893orofanycontrolledsubstancelawofthe UnitedStatesoranystate,fora violation occurring intheworkplacenolaterthan five (5)days after such conviction. 5.Impose a sanction on,orrequirethe satisfactory participation inadrugabuse assistance or rehabilitationprogram,ifsuchis available intheemployee'scommunity,byanyemployeewhois so convicted. 6.Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the^tement,I certify that this firm complies fully with the above requirements. PROPOSER'S Signature: Print Name: Date: Page28 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (RevisedSK4-3-13,GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this \yfayof AOfr .*>_k The undersigned,as CONSULTANT,declares thatthe only persons interested inthis AGREEMENT are named herein;thatno other personhasany interest inthis AGREEMENT; Thatthisresponseismadewithoutconnectionorarrangement with any other person;andthatthisresponse isinevery respect fairandmadeingoodfaith,withoutcollusion or fraud. TheCONSULTANTagreesifthis response/submission isaccepted,to execute an appropriate CITY document for the purpose of esublishing aformal contractual relationship between the CONSULTANT and the CITY,for the performance of all requirements to which the response/submission pertains. The full-names andresidencesofpersonsandfirmsinterested in theforegoingbid/proposal,as principals,are as follows: The CONSULTANT further certifie: Charter of the City of South bestofitsknowledgeand belief] an interest directly or indlrectl; the Contract,job,work or servl Signature: Printed Nal Title: Telephone: Company Name: h«»-^ this response/submission complieswith section 4(c)of the Miami,Florida.That,to the issioner,Mayor or other officer or employee oftheCITYhas in the profits or emoluments of the response/submission pertains. frythk' 'age29 of36 Professional Service AGREEMENT Tpepe©07-31-I3 (Revised SK4-3-13,GM 6-18-13) NOTARY PUBLIC: STATE OF COUNTY OF W Page30 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM 6-18-13) \1 day of iflCNTheforegoinginstrumentwasacknowledgedbeforemethis .™by SEAL (nameofperson whose signature isbeingnotarized)whois ^Personally known or Personal Identification Type of Identification Produced Page31 of 36 .Did take an oath,or Did Not take an oath. (Name of NotaryPublicPrint,Stamp or typeas commissioned.) Professional Service AGREEMENT Tpcpe©07-31-13 (RevisedSK4-3-13,GM6-18-13) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY SOUTH MIAMI We, 'Y Of S< m ,(NameofContractor),hereby acknowledge andagreethatas CONSULTANT,as specified havethesole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Act of 1970,and all State and local safety and health regulations, and agree to indemnify and hold harmless theCityof South Miami against any and all liability,claims, damages,losses andexpensesthey may Incur duetothe failure of (subcontractor's names): to comply with suchactorregulation. CONTRACTOR Page32 of36 Professional Service AGREEMENT Tpepe@07-31-13 (Revised SK 4-3-13,GM 6-18-13) Witnessyto^(WW Title Page33 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (Revised SK 4-3-13,GM6-18-13) ATTACHMENT #5 TED PARTY TRANSACTION VERIFICATION FORM"ICATION ,individually and on behalf of OPtp ("Firm") [Nah&of Representative][CompanyNendorlEntity] havereadtheCityofSouth Miami {CITY)'s Codeof Ethics,Section8A-Iofthe CITY's Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestofmy knowledge,information and belief: 1.Neither I northe Firm have any conflict of interest (as defined in section 8A-I)with regard to die contractor business that I,and/or the Firm,am(are)abouttoperformfor,ortotransactwith,the CITY,and 2.Neither I norany employees,officers,directorsofthe Firm,nor anyone whohasa financial interest greater than5%In the Firm,hasanyrelative(s),asdefinedin section 8A-I,whoisan employee of the CITY or who is(are)an appointed or elected officialof the CITY,or who is(are) amemberofanypublicbodycreatedbytheCity Commission,i.e.,aboardorcommitteeofthe CITY,and 3.Neither I northe Firm,nor anyone who has a financial interestgreaterthan 5%In the Firm,nor anymemberof those persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)has transacted or entered intoany contract(s)with the CITY or hasafinancial interest, direct or indirect,inanybusinessbeing transacted withtheCITY,orwithany person or agency actingforthe CITY,other thanasfollows:(usea separate sheet to supplyadditionalinformation that will not fitonthislinebutmake reference totheadditional sheet which must beSigned under oath). 4.Noelectedand/orappointed official or employee oftheCityof Miami,oranyoftheir immediate familymembers (Le.,spouse,parents,children,brothers and sisters)hasa financially interest, directlyor indirectly,inthe contract betweenyouand/oryour Firm andthe CITY other thanthe following individuals whose Interest Is set forth following their names: _(use a separate sheet tosupplyadditional information that will notfitonthis line butmakereferenceto theadditional sheet whichmustbesignedunderoath).ThenamesofallCITYemployeesand that ofall elected and/or appointed CITYofficials or board members,who own,directly or indirectly, an interest of five percent (5%)or more ofthetotalassetsofcapital stock inthefirmareas follows: (useaseparatesheetto supply additional information thatwillnot fit onthislinebutmakereference to theadditional sheet whichmustbesignedunder oath). 5.I andthe Firm furtheragreenottouseorattempttouseany knowledge,propertyorresource whichmaycometousthroughourpositionoftrust,or throughourperformanceofourduties under the terms of the contract withthe CITY,to secure aspecialprivilege,benefit,or exemption for ourselves,or others.Weagreethatwemaynotdisclose or useinformation,not available tomembersofthegeneral public,forourpersonalgainorbenefitorforthepersonal gain or benefit ofany other person or businessentity,outside ofthe normal gain or benefit Page34 of 36 Professional Service AGREEMENT Tpepe©07-31-!3 (RevisedSK4-3-13,GM6-18-13) anticipatedthroughtheperformanceofthecontract. I andthe Firm herebyacknowledgethatwehavenot contracted or transactedanybusiness withtheCITYorany person oragencyactingforthe CITY>andthatwehavenotappeared in representation ofanythird party before any board,commission or agency ofthe CITY withinthepast two yearsotherthanas follows:(useaseparatesheettosupply additional information that will not fit on this line but make reference to the additional sheet which mustbesignedunderoath).Neither I noranyemployees,officers,ordirectorsoftheFirm, nor any oftheir Immediate family (i.e.,asa spouse,son,daughter,parent,brotherorSister) is related by blood or marriage to: (i)any member of the City Commission; (ii)anyCITY employee:or (iii)any member of anyboardoragencyoftheCITY other thanasfollows: (usea separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 7.Noother Firm,noranyofficersordirectorsofthatOther Firm oranyonewhohasa financial interest greaterthan 5%Inthat Other Firm,norany member of those persons'immediate family(i.e.,spouse,parents,children,brothers and sisters)nor any of my Immediate family members (hereinafter referred to as "Related Parties*)has responded to a solicitation by the CITY in which I or the Firm that I represent oranyone who hasafinancial interest greater than5%in the Firm,orany member of those persons1 immediate family(Le.spouse,parents, children,brothers and sisters)havealso responded,other than the following: ;^_,(useaseparate sheet tosupply additional information that will not fit on this line but make reference to the additional sheet which must be signedunderoath). 8.I and the Firm agree that we are obligated to supplement this Verification Formand inform the CITYofanychangeincircumstancesthatwouldchangeouranswers to thisdocument. Specifically,after the opening of any responses toa solicitation,I and the Firmhavean obligation to supplement this Verification Form with the name ofall Related Parties who have also responded to the samesolicitationandtodisclose the relationship of those partiestome and the Firm. 9.A violation ofthe CITY's Ethics Code,the giving of any false information orthe failure to supplementthisVerification Form,maysubjectmeorthe Firm toimmediateterminationof any AGREEMENT withtheCITY,andtheimpositionofthemaximumfineand/oranypenalties allowedbylaw.Additionally,violationsmaybeconsideredbyand subject toactionbythe Miami-Dade County Commission onEthics. Under penalty of perjury,I declare that I havemadea diligent effortto investigate themauersto which I am attesting hereinabove and thatthe statements made hereinabove aretrue and correcttothebestofmy knowledge,informationandbelief. Signature: Print Name &Title: ^Page 35 of 36 Professional Service AGREEMENT Tpepe©07-31-13 (RevisedSK4-3-13,GM 6-18-13) Date: ATTACHED:Sec.8A-I -Conflict of interest and code of ethics ordinance. Page36 of36 Professional Service AGREEMENT Tpepe©07-31-13 (RevisedSK 4-3-13,GM 6-18-13)