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Res No 063-16-14618RESOLUTION NO.:063-16-1461 8 A Resolution authorizing the City Manager to paySRS Engineering,Inc.to complete construction documents for SW 78th Street Improvements. WHEREAS,the Mayor and City Commission wish to provide City drainage improvements to SW 78th Street;and WHEREAS,the City desires to hire a consultant to complete construction documents;and WHEREAS,in accordance with and pursuant to Florida Statute 287.055 for CCNA,the City Manager has negotiated an agreement withSRS Engineering,Inc.who was one offive(5)consultants previously selected to perform professional services for the City;and WHEREAS,the City Manager has negotiated the price for the services to be rendered,which does not exceed the sum of $6,090;and WHEREAS,the City desires to providea contingency of$900over the proposal amount forunknown factors that may arise during the workandfor permitting fees;and WHEREAS,the total expenditure isnot to exceed $6,990. NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized to paySRS Engineering,Inc.,foran amount not to exceed $6,090,inaccordancewith the formof Professional ServiceAgreement that wasapprovedby the City Commission by resolution 151-13-13969,to complete construction documents for SW 78th Street Improvements. TheCityManageris authorized to expend anadditional$900over the proposal amount forunknownfactors. Section 2:The expenditure shallbe charged to the Local Option Gas Trust Fund account number 112- 1730-541-6210 whichhasa balance of $127,207 before this request was made. Section3:Ifany section clause,sentence,orphraseofthisresolutionisforanyreasonheldinvalidor unconstitutional bya court of competent jurisdiction,the holdingshallnotaffect the validityof the remaining portions of this resolution. Section 4:This resolution shall become effective immediately upon adoption.• PASSED AND ADOPTED this 5th day of APril 2016. ATTEST:APPROVED: READ AND APPROVED ASTO FORM*v COMMISSION VOTE:5-0 U\NGy/^^reALITYANDE^9UTION )Mayor Stoddard Yea Vice Mayor Welsh Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Harris Yea Soutlr Miami THE CITY OF PLEASANT LIVf NG 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 -^ March 29,2016 Agenda Item No.:^^^ Subject:A Resolution authorizing the CityManager to paySRSEngineering,Inc.to complete construction documents for SW 78th Street Improvements. Background:SW78th Street hassidewalkon the Northernside between SW 62nd Avenue andSW 63rd Avenue.However,there isagap of approximately100linear feet that is without sidewalk. The consultant will provide a survey andgradingplan to connect andprovide continuity to the sidewalk.Dueto this improvement,adrainageissue may be generated andassuch, minor drainage improvements will bepart of this project. SRS Engineering,Inc.has submitted a proposal in the amount of $6,090to complete construction documents for grading and drainage improvements on SW 78th Street. A contingency in the amount of $900 willbeincluded over the proposal amount to address for unknown factors that mayariseandfor permitting fees. In accordance with and pursuant to Florida Statute 287.055 forCCNA,SRS Engineering,Inc. was one of the firms selected toprovideprofessional engineering services.TheCity negotiated hourly rates with the firmand entered into a professional service agreement withSRSEngineering,Inc.toperform engineering services for the City. Amount:Amount not to exceed $6,990 Account:The expenditure shallbecharged$6,990to the Local OptionGasTrust Fund account number 112-1730-541-6210 which hasa balance of $127,207 before this request was made. Attachments:Resolution Proposal ProfessionalService Agreement Payne,Nkenga From:Martinez,Grizel Sent:Thursday,April07,2016 1:43 PM To:Payne,Nkenga Subject:RE:SRS Engineering,Inc. Attachments:Res No 151-13-13969 PSA for SRS Engineering.pdf HiNikki, We don't sign the individual proposals,aswe have a Professional Service Agreement in place with SRS Engineering.I believe it was attached to the resolution package. Thanks, Grizel Martinez,E.I. Engineering &Construction Division Cityof South Miami 4795 SW 75 Avenue Miami,Fl 33155 305-403-2063 From:Payne,Nkenga Sent:Thursday,April 07,2016 11:18 AM To:Martinez,Grizel;Ricardo Ayala Subject:SRS Engineering,Inc. Good Morning, Please advise who would sign the Letter of Agreement for the attached resolution. Thanks, Nkenga "Nikki"Payne,CMC Deputy CityClerk City of South Miami 6130 Sunset Drive South Miami,FL 33143 (305)663-6340 office (305)663-6348 fax npavne@southmiamifl.qov www.southmiamifl.gov Please note:The state of Florida has a very broad public records law.Written communications,including emails,are therefore subject to disclosure to the public and media upon request. March 15,2016 Mr.Ricardo A.Ayala,P.E. Cityof South Miami Capital Improvement Project Manager Public Works and Engineering Department 4795 SW 75 Avenue Miami,FL 33155 Re:City of South Miami 6231 SW 78th Street Roadway and Sidewalk Improvements Dear Mr.Ayala, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project.In accordance with our Agreement for General Engineering Services,we are submitting our understanding of the Scope of Work and Fee Proposal to provide Professional Consulting Engineering Services in connection with the referenced project. The Scope ofWork as we understand it at the present time will consist of Professional Servicesforthedesignofanewconcrete sidewalk androadway improvements along SW 78th Streetinfrontof6231SW 78th Street with the City ofSouth Miami.All work shallbein accordance with the accepted practicesanddesign standards ofthe City of South Miami,Miami-DadeCounty and localregulatory agencies. Thiswork will include the following: 1. 2. 3. 4. ProvideProjectAdministration services,including meetings andcoordination with City and Surveyor to discuss projectandCity requirements Contract and coordinate with a surveyor to provide a topographical surveyofthe project area as needed for design. Projectdata gathering including conducting searchof existing utilities,site visits to observe existingsiteconditionsand verify survey information Prepare Engineering Design Plans including aSite Geometry Planand Paving, Grading &Drainage Plan,Typical Sections and Construction Details. March 15,2016 Page 2 5.Prepare typical drainage calculations based on percolation test results provided by the City taken in the area. 6.Preparation of technical specifications,permitting,nor construction phase are included as part ofthis proposal.If requested by the City,they shallbe provided as additional services. Exclusions Expresslyomittedfromthe services tobeprovidedby SRS are the following.These services or fees shall be considered additional to this contract and would have to be renegotiated as additional services. •Civil designrevisionsresulting from sitelayout changes occasionedbyothers,including changes due topermitting agency preferences,not code compliance,which are caused beyond Engineer's controlorauthority. •Designof utilities whichmaybe needed due to conflicts orto meet regulatory agency requirements.This may include,but is not limited to,water main extensions,drainage j systems,forcemains,gravity sewers,lift stations,etc. •Designof on-site/roadway lighting or irrigation.! •Payment of impact,mitigation or regulatory agency review and permit fees.I I •Other professional engineering services as may be requested by the City.j Compensation Our Engineering Fees for the above described Basic Services will be alump sum amount of SIX THOUSAND and NINETY DOLLARS ($6,090.00).Please see fee breakdownbelow.It does notincludeplanrevieworpermittingfees.Payment will be based onmonthlyinvoicing as a percentage ofcompletionofwork. Completion of Design Plans $4,740.00 Topographical Survey $1350,00 TOTAL $6,090.00 Wewould expect to commence our services promptly afterreceiptofyour acceptance ofthis proposal and approval of the purchase order. This Proposal and our Standard Agreement with the City represents theentire understanding between theCityofSouth Miami and SRS Engineering,Inc.in respect to theProjectand may only be modifiedin writing when signed bybothofus.Ifthe i March 15,2016 Page 3 foregoingis agreeable toyou,please execute theoriginalofthis Agreement where indicated below and return to our office. Very^trulyfyours, Ignaci/e5 Serralta,P.E. Previaent I have read the foregoing Letter of Agreement and agree to all terms and conditions stated therein. Accepted this day of ,2016 Cityof South Miami By: Title: RESOLUTION NO.:151-13-13969 A Resolution authorizing theCityManager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotte^with EAC Consulting,Inc,Martin Engineering,Inc.,The Corradino Group,Inc.,iB^BM^I^I^gi^,R.J-Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez &Associates Consulting Engineers,Inc.,for the following professional services:Architecture,Civil/Environmental Engineering,Structural,and Traffic &Transportation Engineering. WHEREAS,theMayor and CityCommissiondesireto enter intoservice agreements forprofessional services forthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Traffic and Transportation Engineering;and WHEREAS,pursuant toFlorida Statute 287.055 for CCNA,theCity solicited qualificationfrom Interested firms and the City'sreview committee conducted a thorough reviewofthequalificationsof the firms that responded to the solicitation,and upon evaluation the firms were ranked ;and WHEREAS,the Citymetwith the firms and reviewedthe proposed hourly billing rates and the following firms have agreed uponthehourly billing rates disclosed in the Professional Service Agreement request for qualifications;EACConsulting,Inc.MartinEngineering,Inc.,TheCorradinoGroup,Inc.,SRS Engineering,lnc„ RJ.Behar and Company Inc,T.Y.LinInternational,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H. Perez &Associates Consulting Engineers,Inc.;and WHEREAS,the Mayor and City Commission desires to authorize theCity Manager to execute the professional service agreements. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1;The City Manager is hereby authorized to execute the formof the professional service agreement that is attached,for the negotiated hourly rates in accordance with the procedure set forthinFlorida Statute 287.055 (Consultants CompetitiveNegotiationAct)withEACConsulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,Inc,,R.J.Behar and Company,Inc,T.YLin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H.Perez &Associates Consulting Engineers,Inc Section 2:If any section clause,sentence,or phrase ofthisresolutionisforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,the holding shall not affect the vafidity of the remaining portions of this resolution. Section 3.This resolution shall take effect immediatelyuponadoption. PASSED AND ADOPTED this6 th dayof August 2013. READ LAN OVEDAS LEGALITY Al 222 ORNEY ION MAYORT COMMISSION VOTE: Mayor Stoddard: ViceMayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea City of South Miami PUBLIC WORKS &ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami,FL 33155 Tel.(305)663-6350 Fax(305)668-7208 TO;Steven Alexander,City Manager FROM:Jorge L.Vera,Capital Improvement Project Manager DATE:August 6,2013 South Miami KEDED fiMmertraCtty W IB Resolution:A Resolution authorizingtheCity Manager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's CompetitiveNegotiationAct "CCNA", withEAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,lnc„R.J.Behar and Company,Inc,T.Y.LinInternational,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,C.H;Perez &Associates Consulting Engineers,Inc.,forthe following professional services:Architecture,Civil/Environmental Engineering,StructuralandTraffic &TransportationEngineering. Background:On June 4,2013.,..theCityCommission approved aresolution(#120-13-13938) authorizing the City Manager tonegotiatehourly billing rates andto execute a Professional Service Agreement withthefirmsthatwere selected fromour request for qualifications RFQ#PW-S2013-04 for Architecture,Landscape Architecture, Civil/Environmental Engineering,Structural andTraffic&Transportation Engineering. Ofthe24firms selected,City staff hasmetwithandreviewedthe proposed hourly billing rates for the above referenced firms.After negotiating an acceptable hourly billing rate withthefirms,thefirms entered intoa Professional Service Agreement in order toprovide professional engineering services totheCity at the agreed hourly billing rateforfuture projects. Inanefforttoprovide transparency and accountability,thehourly billing rateperjob classificationis based on FDOTs Consultant Wage AverageReportfortheperiodof May 2012toMay2013isattached.Thereportis based onanFOOTyearlydatacollection and analysis of theprevailinghourlywageratebyjobclassification within different geographical areas inthe State.Ourgeographical area is within District 6which encompasses Miami-Dade and MonroeCounties.The rates in the report arenegotiated unloaded rates whichprovide personnel hourly billing rate per classificationexcluding company overhead and benefit Tothehourly negotiated unloaded rate,each firm adds a multiplierforthe company's overhead andbenefits:The multiplierinDistrict6 ranges from 2.5to 3.1,depending onthe size ofthefirm. Please findbelowthefirmsthathavesubmitteda signed ProfessionalService Agreement,whichincludestheirnegotiatedhourly billing rateplusthe multiplier.Upon furtherfuturenegotiations,additionalfirms will be presented to the CityCommissionfor their approval. •EACConsulting,Inc. •Marlin Engineering,Inc. •The Corradino Group,Inc. •SRS Engineering,Inc. •R.J.Behar and Company,Inc. •T.Y.Lin International •Stanley Consultants,Inc. •Sol-Arch,Inc. •Civil Works,Inc. •C.H.Perez &Associates Consulting Engineers,Inc. Upon approval ofthe Professional Services Agreementsbythe City Commission,City staff will requestquotes for City projects from individual firms ona rotating basisandin accordancewith Florida Statutes287.55CCNA.Thequotes will be negotiated basedon thescopeofa project,duration andthe contractual hourly billing rate.Upon theCitystaff negotiating a final costto perform the required project,a resolution will bepresentedtothe City Commission fortheir approval. Please note that the execution ofthese Professional General Service agreements does not committheCitytoanymaximumamountoffeesnorguaranteeanywork.* Attachments:Proposed Resolution Blank Professional Service Agreement SignedProfessionalService Agreements-CD Listedconsultanthourly billing rates FDOTConsultantwageaverage report Resolution 120-13-13938 Sunbiz \ PROFESSIONAL SERVICE AGREEMENT General Civiland Structural Engineering Services THIS AGREEMENT made and entered into this gf day of JpU£,2013 by and between the CITY OFSOUTH MIAMI,a political subdivision oftheStateof Florida and SRS Engineering,Inc.authorizedtodo business in the State ofFlorida,hereinafter referred to as the "CONSULTANT*. Inconsiderationof the premisesand the mutualcovenantscontainedinthis AGREEMENT,the CITYOF SOUTH MIAMI,throughitsCity Manager,agreestoemploythe CONSULTANT foraperiod ending on n^i Ct 2oI\b and the CONSULTANT agrees to be available,continuing basis,to perform professional servicesinconnectionwithproject(s)where thebasicestimatedconstructioncostsofeach individual projectdoesnotexceed $2,000,000.00 orwherethe individual studydoesnotexceed $200,000.00,herein after called the "SERVICES". 1.0 General Provisions I.I The CONSULTANT maybeawardedworkand issued aNoticetoProceedtoprovide professional services foraproject,foraportionofaproject,or fordiscretetasksonaproject.Additional Professional Services,forthepurposeof reviewing workperformedby other professional consultants or for other miscellaneous engineering servicesthat may berequired. 1.2 ANoticetoProceed will beissuedonanasneeded basis at the solediscretionoftheCity Manager,or his designee,hereinafterreferredtoas "CITY".TheCityofSouth Miami reserves,at all times,the right toperformanyand all engineeringwork in-house orwith other engineers.This AGREEMENT doesnotconferon the CONSULTANT any exclusive rights to performworkon behalf oftheCityofSouth Miami,nordoesitobligatetheCityofSouth Miami inanymanner to guarantee workforthe CONSULTANT.The CONSULTANT maysubmitproposalsforany professional services forwhichproposals friay be publicly solicitedbytheCityofSouth Miami outsideofthis AGREEMENT. 1.3 The CITY will confer with.the CONSULTANT beforeany Notice toProceedis issued to discuss thescopeofthework;thetimeneeded to completetheWORKandthefeefortheservicestobe rendered in connection with the WORK. 1.4 The CONSULTANT will submita proposal uponthe CITY'S request prior tothe issuance ofa Notice to Proceed.Nopayment will bemadefor the CONSULTANTStimeandservicesinconnection with the preparation ofanyproposal. 1.5 TheCITYagreesthatit will furnish tothe CONSULTANT plans and other data available inthe CITY files pertaining totheWORKtobeperformedunderthis AGREEMENT prompdy aftereachNotice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes,promptly after each meeting at which the CONSULTANTS presenceisrequired. Page I of 31 Professional Service AGREEMENT Tpepe©l2-3M2 (Revised SK 4-3-13,GM 6-18-13) 1.7 The CITY may designates representative who,on behalf oftheCity Manager shall examine the documents submitted bythe CONSULTANT and shall render decisions promptly,to avoid unreasonable delay in the progress ofthe CONSULTANTS services.The CONSULTANT shall keepthe CITY'S representative advisedonthe project statusat all times. 1.8 The CITY agreesto issue all directives and approval in writing. IS)Professional Services 2.1 General Services The professional services tobe provided bythe consultant may beoneormoreofthe following, and include but hot limited to: A Roadway Engineering to include streets,sidewalk,curb,gutter,drainage,associated traffic control devices,stripping,lighting,irrigation,speed reduction devices and residential landscaping. B.DrainageDesign includes the necessary analysis needed to implement proposed drainage improvements,preparation of paving and drainage plan for municipal building and facilities. C CivilEngineering,to Include Distribution Systems Improvement /Analysis and design and Sanitary Sewer System Evaluation and design. D.Environmental Engineering,including,site investigation and design neededtoprepare remediation plans to mitigate underground storagetanks,hazardouswaste materiails and asbestos materials. E.Traffic Engineering Services will include daily volume counts,data analysis,preparation of conceptual improvements plan,presentreportsand recommendations to stakeholders and preparation of final traffic engineering report.• FT ^Sf^iGSSGmS^SS^o^to provide,drawings artdlp^^<5fiBns7br newtbhstructiohs as~ wellas additions and renovations;attend meetings,withCitystaffandpresentationstoCity Commission;provide plans developed on AutoCAD latestversionand copiesof reproducible hardcopyanddisketteof plans intherequestedformat. G.Landscape Architecture including providing drawings and specifications for landscape projects;sitemaster planning analysis and design,urban design plans/concept diagrams, openspace planning,analysis and design;community planning,analysis and design;natural resource planninganalysisand design;Parks design;renderings/modeling;provide plans developedonAutoCAD latest versionandcopiesof reproducible hardcopyand diskette ofplansin the requestedformat. H.Registered Surveying and Mapping Other incidental services associated to the above items. Page2of 31 Professional Service AGREEMENT Tpepe©!2-31 -12 (Revised SK 4-3-13,GM 6~18-13) 2.2 Design &Construction-Basic Services The Basic Services,for design and construction,consist of six (6)phases describedin Paragraph 2.11 through 2.2.6.The scope outlined belowis applicable initsentiretytoprojectsforwhichcompleted Basic Services are authorized. Upon authorization toproceedfromthe CITY,the CONSULTANT agrees to provide complete professional services forany portion or all of thesix Phases outlined below applicable toits profession.The CONSULTANT agrees to co-ordinateitseffort with that of anyotherproviders of professional servicesto assurea coordinated andcomplete WORK.In a multi-professionally consultedproject,the lead CONSULTANT,as designated bytheCITY,shall prepare the final bid package including biddocumentsand specifications,which shall bepreparedby,and betheresponsibilityof the respective disciplines. 2.2.1 Phase l-Preliminary andSchematic Design: A.The CONSULTANT shall conferwithrepresentatives of the CITYand the enduserto determinethe full scope of the Project that willmeet the programrequirements,and shall advisetheCITYif,inthe CONSULTANTS opinion,theallocated funds areadequate to accomplish the program requirements,asdefinedbyan individual purchase orderforthe specific work to beperformed. B.The CONSULTANT shall useproperandadequatedesigncontrol to assure the CITYthat theprogramrequirements will bemet. C-The CONSULTANT shall prepareaDesignConceptandSchematicReport,comprising of theProjectTimetable(Master Schedule),Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise)asdefinedbelow,and the Statement. of Probable Construction Cost. D.The Proposed Project Timetable shall consistofascheduleshowingtheproposed completiondateoneach Phase oftheProjectthrough design,bidding,construction,and proposeddate of completion. E.The Planning Summary (unless advised otherwise)shall consistofa vicinity plan andblow upoftheSite(if applicable)showing Project orientation,andabriefsummaryof all pertinent planning criteriausedforthe Project F.The Schematic Design Studies (unless advised otherwise)shall consistof all plans, elevations,sections,etc.as required toshowthe scale and relationship ofthe parts and the j design conceptofthe whola A simple perspective sketch,rendering,model or photograph \ thereofmaybe prodded tofurthershowthe design concept.j G.TheCONSULTANT shall presentthe Schematic design studiestothe appropriate commission,committee,agency or board (hereinafter collectively referred toas "Boards") for their approval whentheprojectrequires such approval.The Consultant shall make copies necessary for presentation tothe Board atno additional costtoCity. H.The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL,Southern Bell,Dynamic Cable,MDWASA,etc)for any conflict with their utilities.j Page 3 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) I.The Statement of Probable Construction Cost shall include estimated costofthe Project including fixed equipment,professional fees,contingencies (ifany),escalation factors adjusted to the estimated bid date,movable estimate (ifany),and utility service extensions (ifapplicable).The CONSULTANTS opinions of probable Total Project Costs and Construction Costaretobemadeonthe basis oftheCONSULTANTS experience and qualifications and represent CONSULTANTS best judgment as an experienced and qualified professional,familiar withthe local construction industry and prices. J.The CONSULTANT shafl submit and present two (2)copies of all documents required underthis Phase,without additional charge,for approval by the CITYandit shall not proceed with thenext Phase until directed bytheCITYin writing. 2.2.2 Phase II -Studyand Design Development: A.From the approved Schematic Design documents,the CONSULTANT shall prepare Design Development Documents,comprising the drawings,outline specifications andotherdocuments tofixand describe the sizeand character of theentire Project astoconstructionand finish materials andotheritems incidental thereto asmaybe appropriate and applicable. B.The Design Development Documents shall comprise the Proposed Project Timetable (updated),Outline Specifications,Updated Statement of Probable ConstructionCost,and Design Development Drawings,etc,as required to clearly delineate the Project.Ifthe Updated Statement of Probable Construction Cost exceeds the allocatedfunds,feasible cost or scopereductionoptions shall be included. C.TheCONSULTANT shall submit andpresenttwo (2)setsof all documents required underthis Phase,without additional charge,for approval bytheCITYandnotproceedwiththe next Phase untildirectedbytheCITYinwriting. i D.The CONSULTANT shall at all times monitor the FVobable Construction Costs to make j certain they remain withinthetotal allocated budgetANotice to Proceed to Phase III will not j be issued ifthe latest statement of Probable Construction Costexceedsthetotal allocated | funds,____,'__! 2.2.3 Phase III -Rnal Design /Construction Documents Development:j A.From the approved Design Development Documents,the CONSULTANT shall prepare Rnal f ConstructionDocumentssettingforthin detail the requirements fortheconstruction of the | Project including the Proposal (Bid)Form and other necessary information for bidders,j Conditions of theContract,andComplete Drawings and Specifications.The CONSULTANT i shall use Construction Specifications Institute (CSI)Standards and the City of South Miami ' Standard formsforthe preparation ofthe proposal (bid)forms,Instructions to Bidders,• conditionsofContractand Specifications.TheCONSULTANT shall review all existingCity Specifications,for completeness prior to use and shall supply all needed additional j specifications.The final draft ofthe construction documents shall meetthe requirements of and j beapprovedbytheCityAttorney.! B.TheConstruction Documents shall be prepared inamannerthat will assure clarity of line I work,notes,and dimensions when the documents are reduced to 50%of their size All • drawings shall beon 24"x 36"paper f D"size),onthe CITYs standard sheet format,unless Page4of3f Professional Service AGREEMENT Tpepe©I2-3M2 (RevisedSK 4-3-13,GM 6-18-13) approved otherwise. C.Allconstruction documents shall besubmittedinboth "hard cop/'andelectronic media ina mutually agreeduponelectronic format,but generally as follows: 1.Non-drawingsubmittalsinMicrosoftOffice Word format 2.Drawings in AutoCAD format 3.GIS files should be in ArcView format Version 3.2. D.When the development ofthe drawings hasprogressed to atleast50%completionin Phase III,the CONSULTANT shall submit two (2)copies to the CITY for approval,without additional charge,alongwithupdatedoutlinespecifications.The CONSULTANT shallalso submit atthis time anupdated Statement ofProbable Construction cost asindicatedbytime factor,changesinrequirements,or general marketconditionsandanupdatedProject Schedule E.The CONSULTANT shall not proceedwith the further development until approval of the documentsisreceivedfrom the CITYin writing.The CONSULTANT shall make all changes todocuments required bytheCITYbefore proceeding further.Asetofthe revised documents shall bereturned to the CITYafter incorporating all of the changes,if any. F.ANotice to Proceedforthecompletionof Phase III will notbeissued "if thelatest Statement of Probable Construction Cost exceeds the total allocated funds,unless the CITY incpeases the total allocated fundsorthe CONSULTANT and the CITYagreesonmethods of cost reductions sufficient to enable constructionwithin thfe project budget G.Upon 100%completion ofthe Construction Documents,theCONSULTANT shall submitto theCITYa final,updatedStatement of Probable Construction Cost along withtwo(2)copies eachofthe final draftof all drawings,specifications,reports,programs,etc.,without additional change,fora final reviewand comments or approvals. H.The CONSULTANT shall make all the necessary presentationstothe appropriate CITY Boards which wouldbe normally required ofany construction project (such as Environmental j Review Board,Historical Preservation Board etc)for the final approval.j I.The CONSULTANT at no extra cost to the CITY shall make all required changes or additions f and resolve all questions resulting from Board review (see paragraph H)if the*changes or I additionsdonotalter the scopeof the projectasdeterminedunder paragraph 2.2.1 A.The I 100%complete final Construction Documents shall be returned totheCITYfor final approval.j Upon final approval by the CITY,the CONSULTANT shall furnish.to the CITY drawings and | specifications,without additional charge totheCITYfor bidding purposes,unless instructed otherwise.j i J.TheCONSULTANT shall arrange for "dry runs"and/ormake final submissions to appropriate authorities (regulatory agencies to include and not limited to City,County,State or Federal)as necessary,to ascertain thattheConstructionDocuments meet the necessaryrequirementsto obtain all die necessary permits for construction.The CONSULTANT shall respond to all technical questions from regulatory agencies.TheCONSULTANT shall modify,atno additional cost to CITY,in order to acquirethenecessarypermits. Page 5 of 31 Professional Service AGREEMENT Tpepe©!2-3I-12 (Revised SK 4-3-13,GM 6-18-13) 2.2.4 Phase IV -Bidding and Negotiation Phase: A.Uponobtaining all necessary approvals of the ConstructionDocuments,andapprovalby the CITY of the latest Statement of Probable Construction Cost,the CONSULTANT shall furnish the drawings and specifications as indicated abovefor bidding;andassistthe CITY m obtaining bidsaswellas awarding and preparing construction contracts.The CONSULTANT shall attend all pre-bid conferences:TheCONSULTANT shall bepresent during the bidopeningandaspartofits assistance to theCITYwill tally,evaluateandissue arecommendation to theCITYafter verifying bond,insurance documents,questionnaire andreference submitted by the constructor, B.TheCONSULTANT shall issue Addenda tothe Construction Documentsthroughthe CITYasappropriateto clarify,correctorchange Bid Documents. C.If Pre-Qualification of bidders is required assetforth In theRequestfor Qualification,the CONSULTANT shall assist Cityin developing qualification criteria,review qualifications of prospectivebidders,and recommend acceptance orrejection of the prospectivebidders. .D.IfthelowestresponsibleBaseBidreceivedexceedstheTotalAllocated Funds the CITY may: 1.Approve theincreaseinProject Cost andawarda construction contractor, 2.reject.all bidsand rebid the Project withina reasonable timewithno change inthe Projector 3.Direct the CONSULTANT to revise the Project scopeor quality,orboth,as approved bytheCITY and rebid the Project,or 4.Suspend or abandon the Project,or 5.Exercise all optionsundertheCityCharterandState Law. NOTE Under item (2)and (3)above,the CONSULTANT shall,without additional compensation, assist theCITYin obtaining re-bids,and awarding the re-bid ofthe project.Under item (3)above, theCONSULTANT shall,without additional compensation,modify the Construction Documents asnecessarytobring the Probable Cpn^jrqduon Co^v^tfcin th&Tp-tal Allocated Funds when the 7 lowest>espons!Sf^^estimate;All construction contracts mustbe approved bythe City Commission after theCity awards thecontractfor commission approval. E.ForthepurposeofpaymenttotheCONSULTANT,the Bidding Phase will terminateand the services oftheCONSULTANT will be considered completeupon signing of an AGREEMENT witha Contractor.Rejection of bids bytheCITYdoesnotconstitute cancellation of the project 2.2.5 Phase V-General Administration of the Construction Contract: AThe Construction Phase will bqgin withtheCity Commission approval ofthe award ofthe Construction Contract and will endwhenthe Contractor's final Payment Certificate is approvedand paid by the CITY. B.The CONSULTANT,asthe representative of the CITY during the Construction Phase, shall advise andconsultwiththeCITY and shall haveauthoritytoacton behalf oftheCITY Page 6of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK 4-3-13,GM 6-18-13) to the extent provided inthe General Conditionsandasmodifiedinthe Supplementary Conditions of the'Construction Contract. C.The CONSULTANT shall attendpre-construction meetings.^ D.The CONSULTANT shall at all timeshaveaccess to the project wherever itisin preparation or progress. E.TheCONSULTANT shall visitthesiteatleastweeklyandat all keyconstructioneventsto ascertain the progress ofthe Project and to determinein general if the WORK is proceeding in accordance withtheContract Documents.On the.basis ofon-site observations,the CONSULTANT willuse reasonable and customary care to guard the CITY against defectsand deficiencies inthe WORK.The CONSULTANT mayberequired to providecontinuous daily on-siteobservationstocheck the qualityorquantityofthe WORK as set forthinthisAGREEMENTanddefinedby the Scope of WORK issuedfor the individual project.Onthe basis oftheon-site observations,the CONSULTANT wall advisetheCITYasto the progressofandanyobserveddefectsand deficiencies inthe WORK immediatelyinwriting. F..The CONSULTANT shall furnish theCITYwithawrittenreport of all observationsofthe WORK madebyhim during eachvisitto the WORK.He shall alsonotethe general status and progress ofthe WORK,and shall submitsameinatimely manner.The CONSULTANT shall ascertainatleast monthly that the Contractor ismakingtimely, accurate,andcompletenotationsonrecord drawings. G.Based onobservationsat the siteandon the Contractor'sPaymentCertificate,the CONSULTANT shall determinetheamountdue the Contractoronaccount and he shall recommend approval ofthe Certificate insuch amounts.The recommendation of approval of a Payment Certificate shall constitutea representation bytheCONSULTANTtothe CITYthat,the CONSULTANT certifies to the CITYthatthe WORK hasprogressed to thepoint indicated,and the quality ofthe WORK isin accordance withthe Contract Documents subject to: 1.Anevaluation of the WORK for conformance with the Contract Documents upon substantial completion. 2.TheresultsofanysubsequenttestsrequiredbytheContractDocuments. 3.Minordeviationsfrom the ContractDocuments correctableprior to completion and acceptance of the project. .H.The CONSULTANT shall havean affirmative dutyto recommend rejection of WORK, which does not conform to the Contract Documents.Whenever,in its reasonable opinion,the CONSULTANT considersitnecessaryor advisable to insure compliance with theContract Documents,it will have authority (with theCity's prior approval)to recommend special inspections ortesting of any WORK deemednottobein accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project,or installedand completed, I.The CONSULTANT shall promptlyreviewand approve shop drawings,samples,and other submissionsofthe Contractor forconformancewfth the design concept ofthe Projectandforcompliance with the Contract Documents.Changesor substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. Page 7 of 31 Professional Service AGREEMENT Tpepe©!2-3W2 (Revised SK 4-3-13,GM 6-18-13) J.TheCONSULTANT shall review and recommend action on proposed Change Orders initiated byothers,and initiate proposed change ordersas required by itsown observations orthe requirement oftheCITY. K.TheCONSULTANT shall examine the WORK uponreceiptoftheContractor's Certificate of Substantial Completion ofthe Project.A Punch Listofanydefectsand discrepancies in the WORK required-,tobecorrectedbytheContractor shall be prepared bytheCONSULTANTin conjunction with representatives oftheCITYand satisfactory performance obtained before the CONSULTANT recommends execution ofCertificate of Final Acceptance and final paymenttotheContractor.He shall obtain from theContractor all warranties,guarantees,operating and maintenance manuals for equipment,releases of lien and such otherdocuments and certificates as maybe required by applicable codes,laws,policy regulations,the specifications and theother Contract Documents anddeliver them to the CITY.. L.TheCONSULTANT shall provide assistance in obtaining Contractor's compliance withthe Contract Documents relative to,I)initial instruction ofCITY personnel inthe operation and maintenance of any equipment or system,2)initial start-up and testing,adjusting and balancing of equipment and systems,and,3)final clean-up ofthe project. M,The CONSULTANT shall provide the contractor withthreesetsof drawings labeled "Construction Plans"forpermitfrom Public Works.. 22.6 Phase VI-Post Construction Administration v A.TheCONSULTANT shall prepare and providetheCITYwithawritten manual,to beused by the CITY,outlining the implementation plan of all the required maintenance necessary tokeepthe proposed WORK operational ina safe and effective manner. B.The CONSULTANT shall furnish tothe CITY,reproducible record fas-builri drawings updated based on information furnished bythe Contractor:such drawings shall become theproperty of the CITY. C.TheCONSULTANT shall assist inthe inspection oftheWORKonemonth before*the expiration of any guarantee period orthe sixth month whichever is earlier and report any defective WORKinthe Project under termsofthe guarantee/warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORKthatmaybe discovered during the said period. D.The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents"that will indude,asa minimum,acopyof. •Certificates of completion •As-Buiks (1/2 size) •Test Results •Daily construction inspection reports •Progressmeetingminutes •Approvedshop drawings •Warranty manuals as applicable Page8of3! Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) to bebeyond the control of the CONSULTANT. 3.0TimeforCompletion Theservicestoberenderedby the CONSULTANTforany WORK shall becommenceduponwritten Noticeto Proceed from the CITY subsequent to the executionofthis AGREEMENT andshallbe completed within the timebasedon reasonable determination,stated in the said Notice to Proceed. Areasonable extension oftimewillbegrantedin the event there isadelayon the part oftheCITYin fulfilling itspart of the AGREEMENT,changeofscopeofworkorshouldany other eventsbeyondthe controloftheCONSULTANT render performanceofhisduties impossible. 4.0 Basis of Compensation TheCONSULTANTagrees to negotiatea "not to exceed"fee or afixedsumfeeforeachof the WORK assigned tohimbasedontheScopeofsuchWORK.Upon AGREEMENT ofafee,die CITY will issuea writtenauthorizationtoproceed to the CONSULTANT.In caseof emergency,the CITY reservesthe righttoissueoral authorization to the CONSULTANT,withthe understanding thatwritten confirmation will follow immediately thereafteras possible.Forreproductionof plans and specifications,beyondthe requirementsas identified underthis AGREEMENT the CITY will paythedirectcosts. Thefeesfor Professional ServicesforeachProject shall bedeterminedbyoneof the following methods or a combination thereof,as mutually agreeduponby the CITY andtheCONSULTANT A fixed sum:Thefeeforatask or ascopeofworkmaybea fixed sumas mutxially agreeduponby the CITY and the CONSULTANT: Hourly rate fee:The CITY agreesto pay,and the CONSULTANT agreestoaccept,forthe services renderedpursuanttothis AGREEMENT,feesinaccordance with the following: Category Hourly Rate Principal $205.00 Senior Project Manager $150.00 Project Manager $125.00 Senior Structural Engineer $125.00 SeniorCivilEngineer $120.00 Engineer $95.00 Construction Manager $95.00 Construction Inspection $7100 Designer/Technician $77.00 Senior CADD Operator $70,00 CADD Operator $62.00 DataProcessing/Clerical $48.00 Hourly rates will includeall wages,benefits,overheadandprofit. Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedSK 4-3-13,GM 6-18-13) Page 10 of 31 5.0Paymentand Partial Payments TheCITY will make monthly payments or partial payments totheCONSULTANTfor all authorized WORK performed during the previous calendar month.For design and constructionprojectswherefee foreachphaseis not specified,suchpayment shall,inthe aggregate,not exceed thepercentageofthe estimatedtotalBasic Compensation indicated below foreachphase: •J5%upon completion and approval of Phase I. •35%uponcompletionand approval of Phase II. •55%uponsubmittaland approval of 50%complete drawings andoutline specifications of Phase III. •75%•upon 100%completion and approval of Phases III and IV. •90%uponcompletion of the Project and approval of all WORK Phase V). •100%upon final completionand approval of WORK elementsAandBof Phase VI. The CONSULTANT shall submitan original invoicetotheCity'sprojectrepresentativeforeachpayment certifying the percentage of the WORK completedbythe CONSULTANT. Theamountofthe invoices submitted shall betheamountduefor all WORK performedtodate,as certified by the CONSULTANT. Therequestforpayment shall includethe following information: ProjectNameand CONSULTANTS Name. TotalContractamount(CONSULTANTS lump sum negotiated),if applicable. Percent of work completed. Amount earned. Amount previously billed. Due this invoice. Balance remaining. Summaryof work donethis billing period. Invoice number and date. CONSULTANTSW-*„_..__ UponrequestbytheCITYtheCONSULTANT shall provide the CITY with certified payroll data forthe WORK reflecting salaries andhourlyrates. 6.0 Right of Decisions All services shall be performed bytheCONSULTANTtothe satisfaction ofthe CITYs representative,who shall decide all questions,difficulties anddisputesofwhatevernaturewhichmayariseunderorbyreasonof this AGREEMENT,the prosecution and fulfillment of the services,andthe character,quality,amountand valueandthe representative's decisionsupon all claims,questions,anddisputes shall be final,conclusiveand binding uponthe parties unless such determination is clearly arbitrary or unreasonable.In theeventthatthe CONSULTANTdoesnotconcurinthe judgment ofthe representative astoany decisions madeby him,he shall present his written objections totheCity Manager and shall abide bythe decision oftheCity Manager. Nothing inthis section shall meantodenythe right to arbitrate,byeither party,in accordance withthe appropriate Arbitration Rules ofthe American Arbitration Association. Page Uof 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK4-3~i3,GM 6-18-13) 7.0OwnershipofDocuments Allreportsand reproducible plans,and other datadevelopedbythe CONSULTANT forthepurposeof thisAGREEMENT shall become theproperty of theCITY without restrictionor limitation inconnection with the owner's useandoccupancyof the project.Reuseof these documents without written AGREEMENTfrom the CONSULTANT shall bethe CITYS soleriskandwithout liability and legal exposuretotheCONSULTANT. When each individual section of the WORK underthisAGREEMENTiscomplete all oftheabove applicable data shall be delivered to the CITY. 8.0 Court Appearances.Conferencesand Hearings Nothinginthiscontract shall obligatethe CONSULTANT to preparefororappearin litigation onbehalfof theCITY without additional compensation except foranydispute arising out of thiscontractunlessthe CONSULTANT orits employee is subpoenaedtotestify as afactwitness.Theamountofsuch compensationforexpert preparation and testimony orconsultation shall be mutually agreed uponandbe subject to a supplemental AGREEMENT approvedbytheCityCommissionersanduponreceipt of written authorization fromtheCITYpriorto performance ofacourt appearance and conference. The CONSULTANT shall conferwiththeCITYatanytimeduringconstruction of the improvement contemplatedasto interpretation of plans,correctionoferrorsand omissions and preparation of any necessary plan thereoftocorrectsucherrorsand omissions or clarify withoutadded compensation. 9.0 Notices Any notices,reportsorotherwritten communications fromthe CONSULTANT totheCITY shall be considered delivered whenreceivedbytheCITY.Anynotices,reportsor other communications fromthe CITY to the CONSULTANT shall beconsidered delivered whenreceivedbythe CONSULTANT orits authorized representative. 10.0 Audit Rights | TheCITYreservestheright to audittherecords of the CONSULTANT related to thisAGREEMENTat anytime during theexecution of the WORK andfora period of oneyearafter final payment is made This provisionis applicable only to projectsthatareonatimeand cost basis. 11,0 Subletting j i The CONSULTANT shall not sublet,assign,ortransferany WORK underthis AGREEMENT without the I prior written consent ofthe CITY.| 12.0 Warranty j i The CONSULTANT warrantsthatithasnotemployedorretainedanycompanyorperson,other thana bonafideemployeeworkingsolelyfortheCONSULTANT,to solicit or securethiscontractandthathe has not paid or agreed to pay any company or person otherthanabona fide employee working solelyfor theCONSULTANTany fee,commission,percentage fee,gifts oranyother considerations contingent upon or resulting fromthe award or making ofthiscontract For breach or violation ofthis warranty,theCITY shall havetherightto annul thiscontractwithout liability. Pagel2of3l Professional Service AGREEMENT Tpepe©l2-31-I2 (Revised SK4-3-13,GM 6-18-13) 13.0 Termination of AGREEMENT It isexpresslyunderstoodand agreed thattheCITYmayterminatethis AGREEEMENT without penaltyby declining to issue Noticeto Proceed authorizing WORK,in which eventthe CITY'S sole obligation tothe CONSULTANT shall bepaymentforthe WORK previously authorizedandperformedinaccordancewith the provisions ofthis AGREEMENT,such payment tobe determined onthe basis ofthe WORK performed bythe CONSULTANT uptothetimeof termination. Upon termination,theCITY shall beentitled to a refund ofanymonies paid forany period oftime subsequent to dateofterminationforwhichno work wasperformed. 14.0 Duration of AGREEMENT Thjs AGREEMENT is for a time pieriod of three (3)years,commencing upon approval and execution of AGREEMENT This AGREEMENT .shall remain jh force until the actual/completion of performance of a given project awarded to theCONSULTANT,or unless otherwiseterminated by the CITY. 15.0 Renewal Option This AGREEMENT may be.renewed,at.the sole discretion of the CITY,foran additional.period notto exceeda total contract period,including renewals,ofone(l)yfear. 16.0 Default ..'• In theeventeither party fails to comply withthe provisions of this AGREEMENT,the aggrieved partymay declare theotherpartyin default and notifyhimin writing.In such event,the CONSULTANT will onlybe compensatedforanycompleted professional services.In theevent partial paymenthasbeenmadeforsuch professional services not completed,the CONSULTANT shall returnsuch sums.to the CITYwithinten (10)days afternoticethat said sumsare due.In theeventofany litigation between the parties arising outof or relating inanywaytothis AGREEMENT ora breach thereof,each party shall bearitsowncostsand legal fees* 17.0 Insurance and Indemnification The CONSULTANT shall maintain during thetermofthis AGREEMENT the insurance asset forth in "Attachment A,insurance and Indemnification"to this AGREEMENT 18.0 AGREEMENT Not Exclusive Nothing inthis AGREEMENT shall preventtheCITY from employing otherCONSULTANTSto perform the same or similar sen/ices. 19.0 Codes:Ordinances and Laws TheCONSULTANT agrees to abide andbe governed by all duly promulgated and published municipal, County,stateand federal codes,ordinances,rules,regulations andlawsineffectat the time of design which. haveadirect bearing on the WORK involved onthisprojectThe CONSULTANT isrequired to complete and sign all affidavits,including Public Entity Crimes Affidavit form (attached)pursuant to FS 287.133(3)(a), as required bytheRequestfor Qualifications applicable tothis AGREEMENT. Page 13 of 31 Professional Service AGREEMENT Tpepe©l2-3M2 (Revised SK4-3-13,GM 6-18-13) 20.0 Taxes CONSULTANT shall be responsible for all payments of federal,state,and/or local taxes related to the Operations,inclusive of sales taxif applicable 21.0.DrugFree Workplace CONSULTANT shall complywiththeDrugFree Workplace policysetforthinattachment#twowhichis madeapartofthis AGREEMENT byreference. 22.0Independent Contractor CONSULTANT isanindependententityunderthisAGREEMENTandnothingherein shall beconstruedto createapartnership,jointventure,or agencyrelationship between the parties. 23.0Dutiesand Responsibilities CONSULTANT agreestoprovideitsservicesduring the term of thisAGREEMENTinaccordancewithall applicable laws,rules,regulations,andhealthandsafety standards of the federal,state,andCity,whichmay be applicable to the servicebeing provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses atitssoleexpensepriorto executing the AGREEMENT. 2S.0 Entirety of AGREEMENT Thiswritingembodies the entire AGREEMENT and understanding betweenthepartieshereto,and there areno other AGREEMENTS andunderstandings,oral or written,with reference to the subject matter hereofthatarenotmergedhereinandsupersededhereby. Noalteration,change,ormodificationofone terms of thisAGREEMENT shall bevalidunlessmadein writing and signed byboth parties hereto,and approved bytheCity Commissioner if required by municipal ordinance or charter. 26.0jury Trial CITY and CONSULTANT knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial byjuryinStateor Federal Court proceedings inrespecttoany aabn,proceeding,lawsuit or counterclaim arising out oftheContractDocumentsorthe performance of the Work thereunder. 27.0 Validity ofExecutedCopies This AGREEMENT maybeexecutedin several counterparts,each of which maybe construed as an original. 28.0 Rules of Interpretation Throughout this AGREEMENT the male pronoun maybe substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. Page 14 of 31 Professional Service AGREEMENT Tpepe©l2-3M2 (Revised SK 4-3-13,GM 6-18-13) 29.0 Severability If any termor provision ofthis AGREEMENT orthe application thereofto any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder ofthis AGREEMENT,orthe application of such term orprovision to persons or circumstances other than those to whichitisheld invalid or unenforceable,shall notbe affected thereby and each term and provision ofthis AGREEMENT shall be valid and enforceable tothe fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree thatno failure to exercise and no delay in exercising any right,poweror privilege under this AGREEMENT onthe part of either party shall operate as a waiver of any right,power, or privilege under this AGREEMENT No waiver of this AGREEMENT,inwholeor part,including the provisions ofthis paragraph,maybe implied byanyactor omission and will only be valid and enforceable if in writing and duly executedby each ofthe parties tothis AGREEMENT.Any waiver ofanyterm,condition or provision ofthis AGREEMENT will not constitute a waiver ofanyotherterm,condition or provision hereof,nor will a waiver ofany breach of any term,condition or prbvision constitute a waiver of any subsequentor succeeding breach* 31.0 No Discrimination Noaction shall betakenbytheCONSULTANT which would discriminate against any person on the basis of race,creed,coloK national origin,religion,sex,familial status,ethnicity,sexual orientation or disability. TheCONSULTANT shall complywith the Americanswith Disabilities Act 32.0 Equal Employment In accordance with Federal,Stateand Local law,theCONSULTANT shall not discriminate against any employeeor applicant foremploymentbecauseof race,color,ethnicity,religion,sex,sexual orientation, national origin or handicap.TheCONSULTANT shall comply with all aspects of the Americans with Disabilities Act(ADA)during theperformanceofthis contract. 33.0GoverningLaws „__ This AGREEMENT andthe performance of services hereunderwill begovernedby the laws oftheStateof Florida,with exclusive venueforthe resolution ofany dispute being acourtofcompetent jurisdiction in Miami-Dade County,Florida. 34.0 Effective Date This AGREEMENT shall notbecomeeffectiveand binding until ithasbeenexecutedbyboth parties hereto andthe effective date shall bethedateofits execution bythelast party soexecutingit, 35.0Third Party Beneficiary Itis specifically understoodandagreedthatnoother person orentity shall beathird party beneficiary hereunder,and thatnoneof provisions ofthis AGREEMENT shall beforthebenefitof orbe enforceable by anyoneotherthanthe parties hereto,arid thatonlythe parties hereto shall haveany rights hereunder. Page 15 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) 36.0 Further Assurances The parties hereto agree toexecuteanyand all otherandfurtherdocumentsas might be reasonably necessary inorder to ratify,confirm,and effectuatetheintentand purposes ofthe AGREEMENT, 37.0 Time of Essence Time is of the essence of this AGREEMENT 38.0 Interpretation ThisAGREEMENT shall not beconstrued more stronglyagainsteitherparty hereto,regardless of who was moreresponsibleforits preparation. 39.0 Force Majeure Neitherparty hereto shall bein default ofits failure to performits obligations underthis AGREEMENT if caused byacts of God,civil commotion,strikes,labor disputes,or governmental demands orrequirements thatcould not be reasonably anticipated and the effectsavoidedor mitigated.Each party shall notifythe other of anysuch occurrence. 40.0 Notices Whenevernotice shall be required orpermitted herein,it shall be delivered by hand delivery,e-mail, facsimile transmissionorcertified mail,withreturnreceipt requested and shall bedeemeddeliveredonthe dateshownonthe delivery confirmation orifby certified mail,thedateon the returnreceiptorthedate shownas the datesamewasrefusedor unclaimed.Notices shall be delivered to the following individuals or entitiesat the addresses (including e-mail)or facsimile transmission numberssetforth below: To CITY: With copiesby U.S.mail to: To CONSULTANT: Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) ,^fevfert A-teXAv*t>EA~City Manager, 6130 Sunset Dr, South Miami,FL 33143 Fax:'ZbS-bie'i-te'lS E-mail:5AJ^y>UJDeT2~<£Sook*m\Ar*X R,^otf City Attorney,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax:(305)341-0584 E-mail:tpepe@southmiamifl.goy SRS Engineering,Inc. 5001 SW 74*Court,Suite 201 Miami,FL 33155 Fax:305-662-8858 ignacio@srs-corp.com Page 16 of 31 IN WITNESS WHEI terms and con< WITNESS! this AGREEMENT is accepted onthedatefirstabovewritten subject tothe ;h herein* CONTRACTOR Jk Signature:<z>\• Name:/Ignacio Serralta Tide: jfc OWNER:CITY OF S< Presj§q£_ Signati age,Legality and Executjj Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) Page 17 of 31 Attachment A Insurance and Indemnification Page 18 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Insurance and Indemnification I.Insurance and Indemnification Without limiting its liability,the proposingfirm shall berequired to procure and maintain atitsown expense during thelifeofthe Contract,insurance ofthetypes and intheminimumamountsstated below aswill protect the proposingfirm,fromclaimswhichmayarise out of orresultfromthe proposing firm's executionofacontractwiththeCityofSouth Miami forPerformance Based Audits, whether such execution bythefirmorbyanysub-consultant,orby anyone directlyorindirectly employedbyanyof them orbyanyoneforwhoseactsanyofthemmaybe liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance requiredby the CITY.The CONSULTANT shall indemnify andsavethe CITY harmless fromanyand all damages,claims,liability,lossesandcausesofactions of anykindornature arising out of a negligent error,omission,oract of theCONSULTANT,its agents,representatives,employees, Sub-Contractor,or assigns,incident to arising out of or resultingfrom the performance ofthe CONSULTANTS professional services underthis AGREEMENT.TheCONSULTANT shall pay all claims and lossesofanykindornaturewhatsoever,inconnectiontherewith,including the CITY'S attorney's fees andexpensesinthedefenseofany action in law orequitybrought against theCITY arising from the negligent error,omission,oractoftheCONSULTANT,its agents,representatives, employees,Sub-Contractor,or assigns,incident to,arising outofor resulting fromthe performance of the CONSULTANT'S professionalservices under thisAGREEMENT. TheCONSULTANT agrees and recognizes thatthe CITY shall notbe held liable or responsible fbr any claims,including the costs and expensesof defending such claims whichmayresultfromor arise outof actions oromissions of theCONSULTANT,its agents,representatives,employees,Sub- Contractors,sub-contractors,or assigns.In reviewing,approving or rejecting any submissions or acts ofthe CONSULTANT,theCITYinnoway assumes or shares responsibility or liability ofthe CONSULTANTS,Sub-Contractors,theiragentsor assigns. TheCONSULTANT shall maintain during thetermofthis AGREEMENT the following insurance: A Professional Liability.Insurance ona Florida approved form in the amountof$1,000,000 with deductible per claim if any,not to exceed 5%ofthe limit of liability providing for all sums which theCONSULTANT shall become legally obligated to pay as damages for claims arising outof the services orwork performed bytheCONSULTANTits agents,representatives,Sub- Contractors or assigns,orbyanypersonemployedorretainedbyhiminconnectionwiththis AGREEMENT.This insurance shall be maintained for four years Insurance and Indemnification July 25,2012 after completion ofthe construction and acceptance ofany Project coveredbythis AGREEMENT.However,the CONSULTANT may purchase Specific Project Professional Liability Insurance,in the amountandunder the terms specified above,whichisalso acceptable. B.Comprehensive general liability insurance with broad form endorsement,ona Florida approved form including automobile liability,completed operations andproducts liability,contractual liability,severability ofinterestwithcross liability provision,and personal injury andproperty damage liability with limits of $1,000,000 combined single limit peroccurrenceand $2,000,000 aggregate,including: a.Personal Injury:$1,000,000; b.Medical Insurance $25,000per person; Page 19 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) c.Property Damage*$500,000each occurrence; d.Automobile Liability:$1,000,000 each accident/occurrence. C.UmbrellaCommercialGeneral Liability insuranceona Florida approvedformwiththesame coverageas the primaryinsurancepolicybut in.the amount of $1,000,000 per claim. The CITY must benamedas additional "named"insured for all except Workers'Compensation, and reflea the indemnification and hold harmless provision contained herein.Policy mustspecify whether itisprimaryorexcess/umbrellacoverage.TheCITYmustreceive 10 days advance written notice of anypolicymodificationand30daysadvance written noticeof cancellation, includingcancellationfor non-payment of premiums.All insurance must remainin full forceand effect forthedurationofthe contract periodwith the CITY.The CONSULTANT mustprovide not onlya"certifiedcopy"ofthe Binder butalsothe Policy itselfwiththe name,address and phonenumber of theagentandagency procuring the insurance. D.Workman's Compensation Insurance incompliancewithChapter440,Florida Statutes,as presently-written or hereafteramended. E.The policies shall containwaiverof subrogation against theCITY where applicable,shall expressly providethatsuch policy or policies are primary overanyother collective insurance thattheCITYmayhave.TheCITYreservestherightatanytime to requestacopyofthe requiredpoliciesforreview.All policies shall containa"severability of interest"or"cross liability"clause without obligation forpremiumpaymentof the CITY. F.AH of the aboveinsurancerequired to beprovidedby the CONSULTANT is to beplaced with BESTrated A-8 (A-Vlll)or better insurance companies,qualified to dobusinessunderthelaws of the State of Florida onapproved Florida forms. The CONSULTANT shall furnish certified copiesof all "Binders"or certificates of insurance to the CITYpriortothecommencementof operations,which "Binders"or certificates shall clearly indicatethatthe CONSULTANT hasobtained insurance inthetype,amount,and classification asrequiredforstrictcompliancewiththisSectionandthatnoreductioninlimitsby endorsement during thepolicyterm,or cancellation of thisinsurance shall beeffective without thirty (30)dayspriorwrittennoticetotheCITY. Compliance withthe foregoing requirements shall not relieve theCONSULTANTof his liability and obligations underthisSectionorunderany other portionofthis AGREEMENT. CONSULTANT agrees to supplycopies of certificatesofinsurance to theCITY verifying the above-mentionedinsurancecoverage.CONSULTANT agrees to listtheCITYasan Additional Insured oftheCONSULTANTS General liability insurance and shall provide the CITY quarterly reports concerninganyand all claims. Page 20 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondentsmust complete andsubmitwiththeirproposal.) Page2lof3l Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedSK 4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent'sSwornStatementunder Section 287.1 33(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"shallbecompletedand provided with the proposal submittal. 2.Neither the CONSULTANT,noranyofhis/her/itsemployeesshallbe permitted to represent anyclientbeforethe Commission oranyCommittee,departmentoragencyofthe CITY,and shall agree not toundertakeany other privaterepresentationwhichmight create aconflictof interest with the CITY.TheCONSULTANTmaynot represent anyCommissionmember, individually,or,any member oftheir family or anybusinessin which the Commission member of their family hasan interest. 3.All proposalsreceivedwillbeconsidered public records.TheCITY will consider all quotations usingsuch criteria as the Commission or City Manager may adopt at either oftheirsole discretion.The CONSULTANTselected will berequired to enter intoaformal AGREEMENT with the CITY inaformsatisfactory to the CITY,prior to theexecutionofwhichtheCITY shall reserve allrights,including the right to change its selection. 4.Respondent's Attachment #2 "Drug Free Workplace1'form shall becompletedand providedwith the proposalsubmittal. 5.Respondent's;Attachment #3 "No Conflict of Interest Non Collusion Affidavit/*shall be completed andprovidedwith the proposalsubmittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards/"shall becompletedandprovidedwiththeproposalsubmittal 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shall be completedandprovidedwith the proposalsubmittal. Page 22 of3 I Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENTS! PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes-"A person or affiliate who has been placed onthe convicted vendorlistfollowing a conviction fora public entitycrime maynotsubmita Bid ona Contract toprovideanygoodsorservicestoa public entity,may not submit aBidona Contract withapublicentityfortheconstruction or repairofapublic building or public wprk,may notsubmit bids on leases ofrealpropertytoa public entity,may notbeawardedtoperform workasaContractor,supplier,Subcontractor,or ConsultantunderaContractwithany public entity, andmaynot transact businesswithanypublicentityinexcess of the threshold amount Category Twoof Section 287.017,Florida Statutes,forthirtysix(36)monthsfromthedateofbeingplacedon the convicted vendor list". Theawardofanycontracthereunderissubjecttothe provisions ofChapter I 12,Florida StateStatutes. The CONSULTANT mustdisclosethenameofany officer,director,partner,associate or agentwhois alsoan officer oremployeeof the CityofSouth Miami or its agencies. SWORN STATEMENT PURSUANT TOSECTION 287:133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.Thisswornstatementissubmittedto __Chy ofSouth Miami [print name ofthe pubfic entity] By:IgnacioSerralta.President For SRS Engineering.Inc. whose business address is:5001 SW 74th.Ct~Suite 201 Miami.FL 33155 „..._•:••_••'and(ifapplicable)itsFederalEmployer Identification:Number (FEIN)is:65-0607552 (Iftheentityhasno FEIN,include the Social SecurityNumberofthe individual signing this sworn statement:_) 2.I understand thata ''public entity crime"as defined in Paragraph 287.133 (I )(g),Florida Statutes,meansaviolationofany state or federallawbya person with respect to anddirectly relatedto the transactionofbusinesswithany public entity or withanagency or political subdivision ofany other state or oftheUnitedStates,including,butnotlimited to,any bid or ♦contract forgoods or services to beprovided to anypublicentityoranagency or political subdivisionofany other state or of the UnitedStatesandinvolving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction*as defined in Paragraph 287.133 (0(b),Florida Statutes,meansafindingofguilt or aconvictionofapublic entity crime,with or without an adjudication of guilt,inany federal orstate trial courtofrecord relating tochargesbroughtby Page23of 31 Professional Service AGREEMENT Tpepe©!2-3 M2 (Revised SK 4-3-13,GM 6-18-13) indictment orinformationafter July I,1989,asaresultofa jury verdict,non-jury trial,or entry of aplea of guilty ornolocontender. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133 (I )(a),Florida Statutes, means: (a)Apredecessororsuccessorofapersonconvicted of a public entity crime;or (b)Anentityunderthecontrol of any natural personwhoisactivein the management of the entityandwhohasbeenconvictedofa public entity crime.Theterm "affiliate"includes those officers,directors,executives,partners,shareholders,employees,members,andagents who areactivein the management of an affiliate.The ownership by one person of shares constituting acontrolling interest inanyperson,orapooling of equipment or incomeamong personswhennotfor fair marketvalueunderanarm'slength AGREEMENT,shall beaprima facie casethatonepersoncontrolsanotherperson.Apersonwho knowingly entersintoajoint venture withaperson who hasbeenconvictedofapublicentitycrimein Florida during the preceding36 months shallbe considered an affiliate. 5.I understand thata "person"as defined in Paragraph 287.133 (I )(e),Florida Statutes,means any natural personorentity organized under the laws ofanystateoroftheUnitedStateswiththe legal powertoenterintoa binding contractandwhichbidsor applies to bidoncontractsfor the provision ofgoodsor services ledbya public entity,or which otherwise transacts or applies to transactbusinesswitha public entity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,andagents who areactivein management of an entity. 6.Based on information and belief,the statement which I have marked below is true in relation to theentitysubmittingthisswornstatement,pndicate which statement applies.] XNeithertheentitysubmittingthisswornstatement,noranyofitsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementof the entity,norany affiliate of the entityhasbeenchargedwithandconvictedof apublic entity crime subsequent to July I,1989. The entity submittingthissworn statement,or one ormore of itsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementoftheentity,oran affiliate of theentityhasbeen charged withandconvictedofa public entity crime subsequent to July I,1989. __The entity submittingthissworn statement,or one or more ofItsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the management oftheentity,oran affiliate of theentityhasbeen charged withandconvicted of a public entitycrimesubsequentof July I,1989.However,there has beenasubsequent proceeding beforea Hearing Officerof the Stateof Florida,Division of Administrative Hearings and the Final Orderenteredbythe Hearing Officerdeterminedthatitwasnotinthe public interest to place theentity submitting thisswornstatementontheconvictedvendorlist. [Attachacopy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT 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 AMREQUIRED TO INFORMTHE Page24of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) PUBLIC ENTITY PRIOR TO ENTERING INTOACONTRACTIN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES,FOR CATEGORY TWOOF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.r Sworntoand subscribed beforemethis27day of,June 2013 XPersonallyknown or -Produced identification (Typeof identification) (Printed,typed or stamped commissioned name of notary public) Professional Service AGREEMENT Tpepe©12-3 M 2 (Revised SK 4-3-13,GM 6-18-13) Page25of 31 Notary Public-StateofFlorida MycommissionexpiresJuly23,2016 RALPHA.PEREDA MYCOMMISSION #CE188830 EXPWE8 July 23,2016 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids whichareequalwith respect to price,qualityandservicearereceivedby the State or byany political subdivisions forthe procurement ofcommodities or contractualservices,a Bidreceivedfromabusiness that certifies that ithasimplementedadrug-free workplace programshall be given preference intheawardprocess.Established procedures forprocessingtie Bids will be followed if noneof the tied vendors haveadrug-freeworkplaceprogram.In order tohaveadrug-free workplace program,abusinessshall: 1.Publisha statement notifyingemployees that the unlawful manufacture,distribution,dispensing, possession,or useofacontrolledsubstanceisprohibitedintheworkplaceand specifying the actions that will betakenagainstemployeesfor violations ofsuch Prohibition. 2.Informemployees about thedangersofdrugabusein the workplace,the business'policyof maintainingadrug-freeworkplace,any available drugcounseling,rehabilitation,andemployee assistanceprograms,and the penalties that maybeimposeduponemployeesfordrugabuse violations. 3.Giveeach employee engagedinproviding the commodities or contractual services that are under Bid acopyof the statement specified inSubsection (I). 4.In the statement specified inSubsection (I),notifytheemployees,that,asaconditionofworking on the commodities or contractualservices that areunder Bid,theemployee will abideby die terms of the statement and will notify the employerofanyconvictionof,or pleaof guilty or nolo contender to,anyviolationof Chapter 893 or ofany controlled substance lawof the UnitedStates or anystate,foraviolationoccurringin the workplacenolaterthan five (5)days after such conviction. 5.Imposea sanction on,or require the satisfactoryparticipationinadrugabuseassistance or rehabilitation program,ifsuchis available inthe employee's community,byany employee whois so convicted. 6.Make agood faith effort to continueto maintain adrug-freeworkplacethrough implementation of this section. Asthepersonauthorizedto sign the statement,I certify that this firm complies fully withtheabove requirements. PROPOSERS ft A 0[— Signature:C^>SOJ^wwc PrintName:Ignacio Serralta Date:June 27.2013 Page 26 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) ATTACHMENT #3 MNO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submittedthis27dayofJune,2013, The undersigned,as CONSULTANT,declares that theonlypersonsinterestedinthis AGREEMENT are namedherein;that no other person hasany interest inthis AGREEMENT; Thatthisresponseismadewithoutconnection or arrangementwithany other person;and that this response isinevery respect fairand made in good faith,without collusion or fraud. The CONSULTANT agreesifthis response/submission isaccepted,toexecuteanappropriate CITY document forthepurposeofestablishingaformal contraaual relationshipbetweentheCONSULTANT andthe CITY,fortheperformanceof all requirementsto which the response/submission pertains. The fullr-names andresidencesofpersonsandfirmsinterestedintheforegoingbid/proposal,as principals,are asfollows: Ignacio Serralta.President 8401 SW94St..Miami.FL 33156 TheCONSULTANTfurthercertifies that thisresponse/submissioncomplies with section4(c)of the Charter of the CityofSouth Miami,Florida.That,to the bestofitsknowledgeandbelief,no commissioner,Mayoror other officer or employeeof the CITY hasan interest directly or indirectlyin the profits or emoluments of the Contractjob,work or service to which the response/submission pertains, Printed Name: Title: Telephone: Ignacio Serralta President G05)662-8887 CompanyName:SRS Engineering.Inc. NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade^ Professional Service AGREEMENT Tpepe©l2-3M2 (RevisedSK4-3-13,GM 6-18-13) Page 27of 31 The foregoing instrument was acknowledged beforeme this 27dayof June,2013 by Ignacio Serralta (name ofpersonwhose signature is being notarized)whois X Personally known or Personal identification SEAL Page 28 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Typeof Identification Produced Did take an oath,or Did Not take an oath. Ralph APereda (NameofNotary Public:Print,Stamp or typeascommissioned.) RALPH A.PEREDA MYCOMMiSS{ON#EE166e30 EXPtRE8 July 23,2016 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THECITY OF SOUTH MIAMI We,SRS Chteldeggtttrfij lUfr.(Name of Contractor),hereby acknowledge and agree that as CONSULTANT,asspecified nave the sole responsibility for compliance with all the requirements of the Federaf Occupational Safety and Health Act of 1970,and ail State and local safety and health regulations,andagree to Indemnify and hold harmless the City of South Miami against anyand all (lability, claims,damages,losses and expenses they may incur due to the failure of(subcontractor's names): to comply with such actor regulation. by*/festJAfeto SegfeAcnA- Nam* Title Page 30 of31 Professional Service AGREEMENT Tpape(8>l2.3 U2 (Revised SK 4-3*13,GM 6-18-13) ATTACHMENT #5 'RELATED PARTY TRANSACTION VERIFICATION FORM" individually andonbehalfof SRS Engineering.Inc.("Firm") [ComponylVendorlEntitY] have readtheCityofSouth Miami (CITY)'s Code of Ethics,Section 8A-1 ofthe CITY's Codeof Ordinancesaod I herebycertify,underpenaltyofperjury that to thebestofmy knowledge,information and belief. 1.Neither I northeFirmhaveanyconflictof interest (asdefinedinsection8A-I)withregardto the contract orbusinessthat I,and/or the Firm,am(are)abouttoperformfor,orto transact with,the CITY,and 2.Neither I nor anyemployees,officers,directors of the Firm,nor anyonewhohasa financial interest greater than5%in the Firm,hasany relative(s),asdefinedinsection 8A-I,whoisan employeeofthe CITY or whois(are)anappointed or elected official ofthe CITY,orwho is(are)amemberofany public body created bythe City Commission,i.e.,aboard or committee of the CITY,and 3.Neither I nor theFirm,noranyone who hasa financial interest greater than5%in the Firm,nor any member of those persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)hastransacted or entered intoanycontract(s)with the CITY or hasa financial interest, direct or indirect,inanybusinessbeing transacted with the CITY,or withanyperson or agency actingfor the CITY,other thanasfollows:(usea separate sheet tosupply additional information that will not fitonthislinebutmake reference to theadditional sheet whichmustbeSigned under oath). 4.No elected and/or appointed official or employeeofthe.Cityof Miami,or anyof their immediate family members (Le.,spouse,parents,children,brothers andsisters)hasa financially interest,directly or indirectly,in the contract betweenyou and/or your Firm andthe CITY other than the following individuals whose interest is set forthfollowing their names: N/A .(usea separate sheet to supplyadditionalinformation that willnotfitonthislinebutmake reference to the additional sheet whichmustbesignedunderoath).Thenamesof all CITY employees and that ofallelected and/or appointedCITY officials or boardmembers,whoown,directly or indirectly,an interest of five percent (5%)or moreofthetotalassetsof capital stockinthefirm are as follows: N/A (useaseparatesheettosupply additional information that will not fitonthislinebutmakereferenceto the additional sheet whichmustbesigned under oath). 5.I andthe Firm furtheragreenottouseorattempttouseany knowledge,property or resource whichmaycometousthrough our positionof trust,or through our performanceof our duties underthetermsof the contract with the CITY,to secure aspecial privilege,benefit,or exemptionforourselves,or others.We agreethatwemaynotdisclose or use information,not available to membersofthegeneral pubtic,forourpersonal gain orbenefitorforthepersonal gain or benefitofany other person or business entity,outsideofthenormal gain or benefit anticipatedthrough the performance of the contract. Page 30 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK4-3-13,GM 6-18-13) 6.I andthe Firm herebyacknowledgethatwehavenotcontractedortransactedanybusinesswith theCITYorany person or agency acting for the CITY,and thatwe have not appeared in representation of anythirdpartybeforeany board,commission or agency oftheCITY within thepasttwoyears other thanas follows:(use a separatesheet to supply additional information that will notfitonthislinebutmakereference to the additional sheet which must besigned under oath).Neither I noranyemployees,officers,ordirectorsofthe Firm,norany of their immediate family (i.e.,asaspouse,son,daughter,parent,brotheror Sister)isrelatedbyblood or marriage to: (i)any member oftheCityCommission; (ii)anyCITY employee;or (iii)any member of anyboardor agency oftheCITYotherthanas follows: N/A (useaseparatesheet to supply additional information that will not fitonthislinebutmakereference to the additional sheet which must besigned underoath). 7.No other Firm,noranyofficersordirectorsofthat Other Firm or anyonewhohasa financial interest greaterthan5%in that Other Firm,norany member of those persons1 immediate family (i.e.,spouse,parents,children/brothersand sisters)noranyofmyimmediate family members (hereinafter referred to as "Related Parties")hasrespondedtoa solicitation by the CITYin which1orthe Firm that I represent oranyonewhohasa financial interest greaterthan 5%in the Firm,orany member of those persons1 immediate family (Le.spouse,parents,children, brothersandsisters)havealsoresponded,other than the following: N/A •,(useaseparate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must besignedunderoath). 8.I andthe Firm agreethatweare obligated tosupplement this Verification Form andinformthe CITYofanychangeincircumstancesthatwouldchangeouranswers to thisdocument. Specifically,aftertheopeningofany responses toa solicitation,I andthe Firm havean obligation to supplement this Verification Form with the name of allRelatedParties who have also responded to the samesolicitationand to disclose the relationship of those parties to me and the Firm. 9.A violation ofthe CITY'S Ethics Code,the giving ofany false information orthe failure to supplementthis Verification Form,maysubjectmeor the Firm to immediateterminationofany AGREEMENTwith the CITY,and the imposition of the maximumfineand/oranypenalties allowedby law.Additionally,violationsmaybeconsideredbyandsubject to actionbythe Miami-Dade County Commission on Ethics. Under penalty of perjury,I declarethatJhavemadea diligent effortto investigate thematterstowhich I amattestinghereinaboveand thatihe statements madehereinaboveare true and correct to the bestof my knowledge,information fcnd bflief.fjt t Signature:Hr ^SiA^^l*~*^^ PrintName&Title:Ignacigr Serralta.President Date:June27.2013 ATTACHED:Sec.8A-1 -Conflict of interest and code of ethics ordinance. Page3lof3l Professional Service AGREEMENT Tpepe©l2-3M2 (Revised SK 4-3-13,GM 6-18-13)