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02-03-09 Item 5South Miami krAftl AII-A WcaCRY I F - CITY OF SOUTH MIAMI �cOs�`oP OFFICE OF THE CITY MANAGER R INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager ' From: Jose Olivo, P.E. Public Works & Engineering Department Date: February 3, 2009 Agenda Item No.. Subject: Approval of Professional Service Work Order. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS -PHASE III IN AN AMOUNT OF $33,940.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION PLAN FUND ACCOUNT NUMBER 124 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to approve professional service work order for Sunset Drive Improvements -Phase III construction phase services. Reason/Need: As the approved engineering professional services consultant approved under Resolution No. 73 -06 -12214 passed and adopted on May 16tH 2006 for the Sunset Drive corridor improvements from US 1 to SW 69th Ave. C3TS has submitted the attached proposal for the Construction Phase Services for the project. C3TS' services will include: performing construction engineering inspections; review of all shop drawings; responding to all Request for Information (RFI); review of "As- built" drawings; reviewing of contractor's application for payment; review and processing of all Work Order Directives to the contractor; performing construction close -out services; and to issue Certificate of Completion. Furthermore, the City is saving in engineering expense fees by using hourly rates established back in 2004. Cost: $33,940.00 Funding Source: $33,940.00 will be funded through the People's Transportation Plan Fund Account no. 124 - 1730 - 541 -3450 with the current account balance of $440,000.00. Agenda Item No.: C3TS Agreement for Sunset February 3, 2009 Backup Documentation: ❑ ' Proposed Resolution ❑ C3TS' Work Order for Professional Services ❑ Approved Resolution No. 73 -06 -12214 for C3TS as Professional Engineering Services Consultant of Sunset Drive Corridor Improvements. ❑ C3TS' Professional General Engineering Service Agreement 0 C3TS' Amendment to Continuing Professional Services Page 2 of 2 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS -PHASE .III IN AN AMOUNT OF $33,940.00 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION PLAN FUND ACCOUNT NUMBER 124 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 62nd avenue to SW 63rd Avenue; and WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for profession engineering services for the construction phase services for the Sunset Drive Improvements Phase III project; and WHEREAS, the total cost of the professional services will be $39,940.00 funded through the People's Transportation Plan Fund account number 124 - 1730 - 541 -3450. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional service work order with C3TS in an amount of $39,940.00 for the Sunset Drive Improvements Phase III construction phase services. Section 2: The total cost of the professional services will be $39,940.00 funded through the People's Transportation Plan fund account number 124 - 1730 - 541 -3450 with the current account balance of $440,000.00 Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of , 2009. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: -- •Y , ....v all 1^".r aC. LAIS .Z RESOLUTION NO. 73-06-12214 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, 'P.A. -(C3TS) FOR ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 2100 -519 -3171; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 62 "d Avenue to US -1, while landscaping, entrance feature and improved sidewalk vrill be designed for the area from SW 62 "d Avenue to the western City limit; and WHEREAS, the professional service will be funded through Non - Departmental General Expense account number 001 - 2100 - 519 -3171 with an account balance of $75,000.00 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional 'service work order with C3 TS in an amount of $71,215.00. Section 2: The professional service will be funded through Non - Departmental General Expense account number 001 -2100 -519 -3171. Section 3: The professional service work order shall be made part of this resolution. PASSED AND ADOPTED this _� day of %GLt , 2006. ATTEST: n CITY CLERK READ AND APPROVED AS TO FORM: CITY ORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 5 -0 Yea Yea Yea Yea Yea WORK ORDER FOR PROFESSIONAL SERVICES UT; City of South Miami Date: 12/18/08 6130 Sunset Drive File: 1929 -26 • • South Miami, Florida 33143 , ATTENTION: W. Ajibola Balogun, City Manager PROJECT NAME: Sunset Drive Improvements — Phase III E n i n e e r s (SW 63`d Avenue to SW 62 "d Arc Avenue) P I nn e r s City of South Miami, Florida Construction Phase Services SCOPE OF SERVICES EB0005022 AAC002142 These construction phase services shall be in conjunction with extension via change order of construction currently underway by M. Vila & Associates. Construction Services: 1. Assist in obtaining and reviewing all documents needed in executing the change order between the City and the Contractor. 2. Attend pre- construction conference. 3. Attend weekly project meetings and prepare minutes. 4. Answer contractor RFI's and issue clarifications as needed. 5. Perform Construction Engineering Inspections (20 hrs. minimum per week — half time Resident Inspector). 6. Review and approve / disapprove all shop drawings. 7. Review the Contractor's Application for Payment and submit recommendation to the City. 8. Review and process Change Order requests. 9. Perform project closeout with Contractor including final inspection, punch list, final Application for Payment review, and submit Certificate of Completion. These services are based on a construction period of 75 days. TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee schedule: Construction Phase Services .............. ............................... $33,940 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. C I Zo Castella Carballo mpso alman, P.A. 4 Ramon ante la, P.E. Vice - President RC /er City of South Miami Approved by: Date: L:\Proiects\ 1929- 00\W.0- Proposals \W.O.SunsetDrlmpPh IIIConst121808.doc 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer Corzo Castella Carballo Thompson Salman, P.A. DATE: PROJECT: FEE WORKSHEET December 18, 2008 Sunset Drive Improvements - Phase III City of South Miami Construction Phase: (Assumes 75 days construction period) Fee Worksheet - Page 1 Task: = =.Y:3` L5Rrcn', 'PEIRA%CM: �EIAI w Irxsp r.Clricli: Shop Drawing Review 4 8 Weekly Meetings 8 24 10 24 20 Contractor RFI and Clarifications 2 24 24 2 Contractor Payment Re uisitions 6 8 2 2 Contractor Change Order & Requests 4 4 2 Half -time Resident Inspection 6 24 24 230 4 (Punch -list and Final Inspection 8 12 12 4 Construction Phase Sub -Total Hours Billing Rate Labor Cost 16? 94 90 268 34 135 95 75 55 40 $2,160 $8,930 $6.750 $14,740 $1,360 Labor Sub -Total $33,940 Total $33,940 LAProjects \1929- 00\W.O. Proposal\ FeeWorksheetSunsetDdvePh 1111 21 80 8.x1s Y 7 r� •< •s . IFROBEMONAL MVICE AGE y. The (�etterat �� Servlr�es with rig b to WIN AGREMMT made and entered into this._ day of by and b fteen the OP SOU M MUK a political subdivision of the State of Florida, rdrned " crff " to as the CASI'BLIA CARBALLO THOMPSON SAUWAM, P.A., audwrized to do business in the and GORW State referred to as the "CONSUL.TAMO. of Florida, In consideration of.the premises and the atutusi covenants contained-la this a Notice OM sgtaes to employ the t7aNSULTANT floor s period ending on I]eesmber 1 &gees to perform all proi'essional services' in emnectWR with the WOW Z!>07, and the nent the CITY TANT oontinuing balls in.co on with not prgj�ts whmn the basin construction costs does sot a or studies WMA do not ee=l $25,000.00, hmein after called the "SS VICES' bcreh- herein, on a $500,000.00 . 1.1 . The CONSULTANT maybe issued a Notice to Proceed to encompass ap entire B defined in paragraph 22 for a eject; for a portion of the Bas10 Services, Services, as or for specfded is PmWqft 2.3 AdditieeAal PmfesdorW Servicm far' the :tasks as pedWmed purpm of by ot>w L fee cuai conaiil or four other misoe]lantoua g view work, that ber+equhtd, may CITY reserve4 at,al . times, fire right to per% any and ad'englneeriug 1,2 A Notice to Pro=d will b6 issued on an as needed basis at the sole dESCretioItheces y. The wor OW e�agineers. Tech Agt+eemcat does not confer on the CONSULTANT any with rig b to QTY' WORD nor -does it bbHgate rite QTY in any mam w to gnareufor CONSULTANT. The CONSULTANT mqY subm t for say profcices whist proposals may be publicly solicited by the ofd& at ro1:.3 the for Thm CITY will confer with the CONSULTANT befnse any Notiao to >�ed Is scope of tine WORD; the dmo' needed to complete the 'WORK and rite fee lia cuss the mndered iu Oxma Rdon With the WOR$. to be 14 The CONSULTANT will a a pnope a upon the Cft'1f'S request prior to the=.of to Proceed. No payment will 6e rn8de for rite CONSULTANT'S Hato a Notice and services in cc rite pteparation of any proposal. muWon with 1.5 The QTY agrees that It will iitr lbh to the CONSULTANT plans End OdW data to ff film d.�g to the WORK to be p under this agreement pzompdy r liable in tha each Notice 1.6 The CONSULTANT agrees to produce and distribute minutes. promptly after emb meeting at wWoh their presence Is required. , 1.7 The CM agrees t q designate a wp�pse"ve who, on behalf of the City Manager aball examine the documents submitted, by the CONSULTANT and shall rear decisions promptly, to avoid imreasmiable delay In the progress of the CONSULTANT'S services. Tt a CONSULTANT shall keep elm CITiCS represeatativa advised on the pr6jeet status at all times, 1.8 The CITY agrees to issue all directives and approval In writing. The professional somfoes to be provided by the consultant are as Bellows: A. X2oad"y enghaeming to include sheets, sidewalk, curb, gutter, drainage, associated traffic cogtrol devices, stripin& lightmr, speed neftdondevices and Inelderdal landscaping. $. Drainage Design includes fire aecassaryr analysis Deeded to implement proposed drkup hnprovemeRt66 preparation ofpaviug and &RbMPPbn for munldpal building and facilities. C. Civil Eiigbmeft to kWu& Water Distribution Systems Improvemem / Analysis and deslgn and Sanitary Sewer System Evacuation and design. D. Traffic engineering services will iaehule daily volume counts. data analysis, preparation of co eptual irupravemertfs plan, paeseui-reporta and t ndatibn t6 stalcelioldbrs and preparation of final traffic engineering report E Bnvironmental Eogineerlag, to including; site favestigation aced design needed to prep= remediatian plans to mitigate hate ornbd storage taft hazardous walla materials and asbestos material's. F. Other W&ntd services associated to tea above Items. ter/ -� The Basic 5ervicma, for design and ean*ucd , consist of six (6) phases desc d*W in Pausg Vh 2.2.1 through 2,2 7ha scope utlined below Is to Its entirety to projects for which completed Basle Seritices Upon audwrization to proceed fi m the CrrY, the CONSULTANT agees to'pmvide pomplete professional mighwe ring services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co -ordhv to his effiofrt with that of nay other 01910M11W landscapo areititecttnnl or architeadual CONSULTANTS to assuro a coordinated and conVIdb WORL Tice lead CONSULTANT as designated by • PmkU1 W Suvioe: Ahem Oeae:at F�teee� sarta, rooa PW2ort6 the CITY shall preparo the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of tits respective disciplines. -W _,. _ . ;M J3 � 1 A. The CONSULTANT Shall confer with represenWives of the CITY and the using agency to de wnbo the full scope of tits Project that will tweet the program requirements, and shall advise the CITY ii; in the CONSULTANTS oplmion, the allocated t3m4 are adequate to accomplish the program requirements, D. no CONSULTANT shall use proper and adequate design control to assure the t Tt'Y that the program requirements will be met.' C. The CONSULTANT shall prepare a Design Concept and Schematic Report comprising of the Project Timetable (Master Schad), Planning Summary (unlew advised othhrwise), Scl tornado Design Studley (uttlesa advised otherwise) as defined below, and the Statement of Probable Construction Cost - A The Proposed Project Timetable shall consid of a schedule snowing the proposed completion date on each phase of die Project through design, bidding, construction, and proposed dada of completion. R - The P1anvWg Stta nWY XtWtM Mfdvised oIh&Wisb) shall obndst of s vlc#nity plan and blow - sip of the Site (if applkable) showing Project orientation, and a brief summary of all pertinent planning cv Wa, used for the Project. R The SchomWo Design Studies (tmtess advised otherwise) shall consist of all plans, elevations, seatlons, eta as reoh ed to show the soda and relationship of rite parts said the, design concept of rite wbola. A shople perspective d wtch, modal or photograph dwoof may be provided to Rudm show rite destga concept ©, - The CONSULTANT shall present tits � design studies to the appropriate Boards for tl>eirapprovai whenihe project requires such appmvaL H, The CONSULTANT shalt present the sche matia design studin to all the approptiata utility companies (such as M Southern Bell, Dyamulo Cable, NIDWASA, eta.) fbr any contllct With their utilities, L The Statement of Probable Constmdom Cost shall Include estimated cost of the Project iadhxi3ng fixed equk mom% Monal fees, oaatbtgencles (it a *, escalations factors aeuded to the estimated bid date, movable estimate (if any), surd utility service extensions (if applicable). The CONSULTANT'S, opinions of probable Total Project Costa and Pk*nbma sOMM ARMOMM ttmmt Ba�oeain; secv6x+ - nooe�eamoa t'Y�s3ot16 • ConshUtdon Cost are to be made on • the basis of CONSULTANT'S expedance and . qualifications and represent CONSULTANT'S best judgement as an experienced and qualified prof clonal engineer, familiar with the local eongfnuctfon Industry and pdceg. J. The C:ONSM= shall submit and present two (2) Copies of all documents requi ed under this Phase, With" additional charge, fbr approval by the CM and be shhell not-9 1th the M Ph= WA d,1mcbd by the CPTY 2.22ftasa II— Study end i$r► Developp A. From the approved Sedwmatie Design; documents, the CONSULTANT shall paepate Design Development Documents, eonVrhing the drawings, audim specifications and • other documents to fix and deseribo the six$ and edia:acter of ft entire project as to eonstrtmoon and finish materials anti other Items hucidental thereto as may be appropdate and applicable. B. The Design Development Documents "I comprise the proposed project Thnetable (up&W% Otdiine Specifications. Updated Statement of probable Construction Cost, and Design Development Drawings„ etc., as tined to olearly delineate the Project, if •the Updated Statament of probable Qnstrdaton Cost exceeds the allocated Runde, fmibie cost or scope reduction options shall be Included. C. The CONSULTANT shall submit and preMA two (2) sets of all dommunls required under this Phase, wf ffimn additional charge, for approval by the WY and not proceed with rho next Phase anti direr by the MY. D. Tim` CONSULTANT sla atr all Herres dionttor trs Probable Cons�on Costs to ruaica ceatdO they remain within the total allocated budget A Notice to Proceed to Phase III welt not be braed N the latest GhtteMM9 of Probable Cm struWon Cost exceeds the total aliooaW fu ids. 2.2.3 / . A. From the appnWed Design Development Dom, the CONSULTANT shall propane Rhal Construed= Documents sears fct& In derail do requirements ibr the constructor of the Project including the •Proposal (bid) Forth and other necessary Gifeamadon for bidders. C ooditions of the •Comae!; and Complete Drawings. and Specifications. CONSULTANT shall use Construction Specifications institute (an) Standards and the CJW of South Miami Standard .farms fbr tiho prapfficatfon of & proposal (bid) forms, moons to Bidders, conditions of Contrad and Spedfleations. The CONSULTANT shall review all existing Cfty Specifications, fan• completeness prior to use and shad supply all needed additlon d specifications. B. The Construction Docummms shall be prepared in a manner libel wiU clarity of tes, tinework no and dimendona, when the dommeab dce reduced to So% ' assure their sLze. AU drawings shall be on 2s1" x 36" paper ("D" size), on the city's standard sheet format, uniess approvod otherwise. F�arb nimbi San*w Apeemmr G WMM aedoeetl64 SWeAd DanmbaeM tkj�4of 16 C. All conshmion documents shall be submitted in both "hard copyt and electronic media in a mutually aged upoa elecfruuic farmer; but generally as follows; 1.• Nun - drawing submittals InMicroosoft Office format. 2. Drawings in Auto= formaL 3. GIs files should be In Arcvlew format Version 3;2 D. When the development of rho drawings has progressed to at least 50% completion is Phase 13%. the CONSULTANT shall submit two (2) copies. to the QTY for approval, without additional charge, along with updated outline specifiCations. The, CONSULTANT ahall also submit at this time an updated Stabament of Probable Con*uWon cost as indicated by time Actor, changes, In requirements, of general maximt Conditions and an updated Project Schedule. EL Ths CONSULTWM sboll M rmtioeed with the Auther dorft= MW yW pj the 5 6MEMfs Is received from ft 'Y. The CONSULTANT shall make all changes to documents. 11e 5096 complete C*k set &WI lie redttned to the CITY. F. A Notice to Proceed for rile completion of Phase M will eat be issued If the latest Statement of Robable Constnrgion Cast e=eeds the total allocated Ants, unless the CITY increases tits total allocated funds or tits CONSULTANT and the CITY agrees on methods of cost mdgWms suiWOMt to enable construction witiriu &a funds available. f3. Yipon 100'111 oompletiotl of the C.ot>s�ucuioa Doarmet�, t1:e CONSUL'i'AN�. sf>all sti�mit to. ..... &d QTY a finial,• updabod Sbatemeitt of Probable Copmxtionbost along with two (2) copies each of Check Set of drswing4 specifications. reports, programs. ebc.. without addittonnal charm for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presents lone to the appropriate CITY Boards (such as 8nvkmftrit4 Review Board, Historical Preservation Board etc.) for the tercel approval. L The CONSULTANT at no extra cost to the CITY Shall make all required ddunges or additions and resolve all questions reaultiag from paragraph H to the cbm an or additions do not alter the scups of the project as deberudned under paragraph 2.2.1 A. The 100% complete Qleck set &ball be reared to the CITY. Upon final approval by the MY, file CONSULTANT Shall f mdoh to the Crff a mkjW= &- 24 mft 41 d&Md= .8tat1 +..Qggafleatko& at no additional cost to ft QTY. for bMft purposes, Wen Inshnrcted otbr±ry ,Iw. Ths CONSULTANT shall arrange far "dry runs' anlor make float submissions, to appropriate authorities (tegulatmy spud" to include and not limited to City, County. State Of Fedezai) as necessary. to asoeriain that the constrwdou doc u wo meet the, necessary regtilretnents to obtain all the neoassamy permits for oonshuctiost. CONSULTANT 'shall Doamba2004 �Seft6 respond to all technieai questions fiom zegulatoty agencies, CONSULTANT shall modify, at no additional cost to CITY, In order to acquk a the necessary permits. 2.2.4 HM IV _ Bld and nd Ne ijgg Phm-- A. Upon obtaining all necessary app4+ ovals of t#te Construction Dmment% and approval by the CrM of the latest Statement ofhobable Candractioa Cost, the CONSULTANT shalt famish the drawings and specifications as indicated aboVa for bldding, and -assist &a CiCY in obtaining bids and awarding and preparing w9 ruction ion contrags. no CONSULTANT shat! attend alt pMbI4 confareatoes. The CONSULTANT shall be present during the, bid opening and as part of his assistance to the CITY will tally, evaluate and issue axecommwdadon to the Cii'Y after verif ft bond, kmmance documents, questionnaire and refinence submitted by the consinwtor. B. The CONSULTANT sball issue Addenda through the CITY as appropriate to clarify, correct or chnugaBidDocumcnts. C. If Pre - Qualification of bidders Ig requbed 'as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualiiicatlouss of prospective bidders, andrecomnrm ud aooeptaove orrajwdon of the prospective bidders. D. If the lowest mespmrsibla Brio Bid received excoeda thoTotal Allocated Rmds the CWY may: 1. approve do Inatease In Project Cost and award a eanahruction contract on 2. reject all bids end rebid the Pc+oje4 -wit a a reasonable tune with no chuli p in the Pmvject, or 3. direct the CONSULTANT to revise tha Project scope or quality, or both, as approved by lira CITY and rabid the Project, or 4. suspend or abandon tip Project, or S. exerdso alt options under d a City Chatter and State Law. NOTE: Under ]tans (2) above, t1wCONSULTANT shall, without additional compensation, assist lima 0TY in obtaining mblds, and awarding fire ro -bid of the project. Under item (3) above, the CONSULTANT shall, without additional coupensation, modify the C onehudion Documents as necessary to bring the Pmbable Consfrt odm Coat within the Total Allocated Punts, When the lowest responsible bid is over 15% of the CONSULTANT esdmaate. B. For the purpose of psy+ment to the CONSULTANT, the Bidding fhaso will terrnlruft and the ueavices of the CONSULTANT will be considered complete ttpM s pip of an Agrmmant with a Contractor: R*cdioa of bids by the CITY does not constitute cancellation of the Project. 2.25 FhM V — t3erreWAdminlstrr 90 ofttbe_W A. The Constractim Phase will begin with die award of die Construction Contmrtet and will cad when the ConbrooWs final Payment Certificate is approved and paid by the MY. GMMd Bad w ft sautes 4. eo!ia . B. "a CONSULTANT, as the repnwxMva of the CITY dining ft Constr wdon Phase, shall advise add consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the Qaneral Conditions and as modified In the Supplementary Conditions of the Corrsirnctlon coracb C. 'iota CONSULTANT shall attend pre - construction mwdngs. D. Tine CONSULTANT dM at all times have access to the project wherever it is in preparation or progress. B. The CONSULTANT shall visit the site at least weeldy and at all key construction events to ascertain the progress of the Project and to determine In general if the WORK is prooaoding Iv accordance whit the Contract Docume *. On the basis of on -site observadons, the CONSULTANT will use rseasombis and customary care to guard the•CiTY'age)Mt detracts sad deficiencies in tha, WORK The CONSULTANT may be. requlted to prnvlde pontinuous daily on-sib observations to chwk the quality or quantity of the WORK as set forth in this Agreennent and defined by rho Scope of'WORk issued for tits individual project+ On rim basis of the on -site cbwrvatious. ft CONSLTI:,TANT will advise the CWY as to the progm of and any observed &&cts and deficiencies in the WORK immediately in writing. R lire CONSULTANT shall fim tstt: the'=Y with a written report of al! observations of the WORK made by him during each visa to the WORK M strati also note the general •statue and ppwm of the WORK, and shat! submit same in a timely matures. Tits CONSULTANT sbali ascortatn at bmw iiionthly dud tf a &6c� is rpaking timely, ; and complete notations on momd dmwings. 0. Based on obseairstions at do -sift and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and tae, dual[, raeo"I mend approval of do Ceadificate In such amoruro. The reeommenmon of approval of a Payment Certificate shall constitute a representation by tire, CONSULTANT to the Cny that: he oWities to the CITY that tttu WORK has progressed to the point Indicated, and tba quality of the WORK is in acoovilm a with &a, MutractDomnents subject to: I . an evaluation of the WORK for eooibrmanee with tba contract docatraenta upon si bantial completion. 2. do results of anT subsequent tests requited by the contract documrarts. 3. minor deviations ftm. the carnet docunrcofs correctable prior to completion and oftbe p3:ojea H. The CONSULTANT shall bave an aifirmefive duty to recommend rejection of WORK, whkb does not c6rdb m, to the. Contract Documents. fiver, in his reasonablo opinion, he ' considers it necessary or advisable to Menus compliance with the Contract Doc nmu, he wI i • rSahutm tsarloaA�moer CMWd3g1M h%saysoas neceoo6erW04 i Fiaae7 or16 ' have authority (with the Lay's prior approval) to recommend apwW Inspxdons or %sting of any WORK deemed not to be in accordance with the Contract whetter or not such WORK has been fabtticated and delivered to the Project; or instalteci and complebA .L no CONSULTANT shall promptly review and' approve shop drawings, samples, and other submissions of the Contractor' for oonfwnance with the design aopt of the Project and for compliance with the Contract Doctm u ts. Changes or subst3hrtions to the Contract Doctunents shall not be wAmiud withoutconatnence with the CITY. J. The CONSULTANT shall review end recommend action on proposed Change Ordeta wlWn the owpe of do Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractoea Cardf irate Df Subatantial Co*Vjodon of tiro Project. A Rmch List of any defects and dlsa%mcies in the WORK required to be comacted by the Coutrac K shall be prepared by ft CONSULTANT . in oordunction with repteoe datives of ft CITY and satisfactory performance obtained Wore the CONSULTANT rem mtends execution of Crhf' note of Final Amptance and feral _ pqn mt to the Contractor, M t:ltiali obtain from the Contractor all warranties, guarantors, operating and maintenance manuals for equipment; releases of lien and such other doaunents and axdfcates as may be reel hed by applicable codes, laws, policy regulations and the ape Weadons, and deliver them to the Crff. X,. The CONSULTANT shall provide assistance in obWulug.Coutmetoes compliance with tom. . Cenh=D6c%inift ralsiive to, l) Wtial:iirstruction of QTY personnel In the %oration and maintenance of any egtiiimset�t or system, 2) Ittitisl startrup and testing, adjusting and balancing of equipment and q tom% and, 3) final olean -up ofthe projouL 2,26 EbM lit - Post Cancer wdm Adtralnfstmtiott A. The oPN'SULTANT stall prepare and provide the CITY with a written manual, to be tised by the QTY, outlining do implemmft lon plan of all the required maintenance nary to beep the proposed WORK operational in a safe and effective manner. B. ng C3ONSULTA13T shall fa i -to the CTM- zqMftft mgWiftwIM UpdaW based rm htfomtadon floWW hy ha_ C.ongw art seal drawbW stall become the properly of the C1TY. G The CONSULTANT snarl assist In the hopecdert of the WORK one month before the expiration, of any guarantee period or the sixth month whicbever Is earlier and report any dofedive WORK In the ftoject uaft tams of the guaranteelwwrantles for correction. He shall assist the C rY with rile administration of gumsWedwarrandu for oortection of ddbWve WORK that may be discovered &nft tha said period. 13 Additional Pra&ULMS) Swd= • �� savta� TaeeemsbarR00l Pie R of t6 Additional Services as Usted below are u0nully considered to be beyond the scope of tbotaslc Services for design and construction, as defined in this Agreement but which are additional services which may be authorized witbin the Scope of Work given the CONSULTANT. A. Special analysis of the Ci TS needs, and special programming regWrementa for a project. B. Financial feasibility, life cycle costing or other special studies, C, planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to Mn facilities, systaw aad equipment, which are not intended to be constructed as part of a spedfle Roject. R . Services to investigaDo Wsting conditions (excluding utilities) or facilities or to make measured drawings thereof,' or to verify the acicrnpcy of drawings or otbnr information finished by the CTTY. F . Professional detatted HsHmatea of Congtrutton Cog consisting of quantity surveys itemiziog ail material, equipment and labor sequined for at Project: G, Consultation conoeming replaoenent of any WORK darnaged by fide or w1mr can during construction, and iueni MM profeWOUal aerobes of the We set forth in Hallo Services as may W requh+cci relative to replacemeaL of Such WORK providing the cause is found,by the COPY to be other dm by fault of the CONSMTANT. M Profeastond services made necessary by the default of the Contractor or by major defects in the WOPX under the CwL*uP ion Contract; providing the cause is found by the CITY to bo oar than by fault of the WNSULTANT. L Making ms jar revisions changtug the 3mpe of a project, to drawings and speoffka ion . when such ravlalaaus antis Inconsistent vAlh written approvals or instruction prnvioudy given by the CITY and are due to causes beyond the cantroi of the CONSULTANT. (MWor revislons are defined as those changing the Scope and arrangement of spaces and/or sclmme or any Portion). r. Zia services of one or nu ra lull -brute project Representatives. lL Preparing tb serve ar serving as an expert winces in connection with any arbitration proceeding er legal proceeding in connection with a Project. . L. Pr+otbsslonal services required af%r approval by the MY or the Contraetoes Requisition far lanai hyment, except as otlaerwho required under Basic Services. GaV$wl gsarAM necemba 4.aw Page 9et16 M. Preparing supporting data, drawingm and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT.. 8ff& ai=mol►�er�Txo�r The services to be rendeted by tim CONSULTANT for any WORK dWI bo commenced upon written Notice to T'rnceed from the CITY subsequent to the execution of tide Agreement and shall be compleW within the time based on reasonable determination, stated to the said Notice to Proceed. A reasonable extension of d= will be granted to the event there is a delay on thm part of the CITY in fulfilling its part of the Agre smarm, change of acopo of worst or should any other events beyond the control of the CONSULTANT reader performance of his duties Impossible. • O The CONSMTANT agrees to negotiate a Trot to exeretl ". fee or a fixed sure tine for each of the WORK assigned to bkn based on the Scope of such WORK. Upon agent of o fee, the CITY will Issue a'written authorization to proceed to the CONSULTANT. In case of emergency, the MY reserves the right to issue and authorization to the CONSULTANT, with the understanding that wrist m eonfhmatian will follow ftnrnedlateiq iimatter. For reproduction of plans and speoliication% beyond the requirements as. identified under Section 2 -Profs nslonal Servloes fire CITY will pay the direct costa. The fees for Proficssional Services for each of the WORK shall be determined by one of the fbilowing methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: TL a flee for a task or a scope of worts may be Axed sum as mutually Weed upon by the CITY and the CONSULTANT: . B. Hourly rata fee: TM MY agues to pay, and the CONSULTANT agrees to accept, for the services randered pvnuant to this Agreement, fees in acomtT nw with the hollowing. �t :tea Project Mhaw 5eni" ihaghteS Evskew Construction Manager Cron inspection Senfor Draftmatr/Cec mIcal/CADD Operator Draftsmen Data Proc�esaing � Clerical Hourly rates will lneiude alt wages, benefits, overhead and profit. a service. Ave —lot s� =B49W hP 10 of rd $135 $105 3Y1S $75 $100 $55 $so $55 $40 no CM will make monthly payments or partial pavMmta to the CONSULTANT for all authorized WORK perfon ned during the previous calendar month. For design and construction pmjeota whelp fee for each phase Is not specified, such pgTnwt &tali, In the aggregate, not exceed the percentage of the estimated total Basic Compensation Indicated below for each phase: 15% upon completion aid approval of Phase L 35% dMn completion and approval of Phase M 55% upon submittal and approval of 50% complete drawings and outiine specifications of phases iK 75% upon 100% completion and approval of Phasos III and IV 90% upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A and B of Pilaw Vi. The CONSULTANT shall submit an MOW invoice to the City's project representative. The invoice shall contain the following fa]fl) oration: I . The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2 The request for payment shall include the following fr6im4don: A. Project Naha b. Total Contract amount (CONSMTANT's lump sum negotiated upset limit foes) G. pbro t1t of WORK cdnlpleteA d. Amount ea wd. 8. Ammtmtpreviously billed. f. Due this invoice. g. Belamemnaining h. Summary, of work done this billing period. I. Invoice mm9w and date. 3. Upon request by the MY the CONSULTANT ahall provide the CITY with cediiied payroll datafor tin WORKreffeeft salaries and hopdy rates. SO= O$' Dit[.9fa4IONbl All =vices Shari be perfmmed by the CONSULTANT to the saddfaotloaa of tho CrMG rqXamtetive, who shall decide all questions„ dlti%vldes and disputes of whatever nature which may arise inkier, of by reason of Us Aam ment, the prosecution and iillfllltnent of the services, and the charades•, quality, amount and value and the representative's decisions. dolt all claims, questions, and disputes alt a be Seal. conclusive. and bin ft upon the patties unless such dewuninatim is clearly arbitrary or u mmonabla. In tin event that tine CONSULTANT does not cmcur in the judg nant of the representative as to any deeiskes made by him, he shall present his written ob*dois to tits City Hauteur and shall abide by the deelsion of tho City Manager. Nothing In this section shall mean to'deny dte dgbt to atbih%% by either par% in accordance with the Iodustly Arbitration Rules of die American Arbitration Aasoclatim • P dM$Idnd savlaft Ayoas aeeerd 13a�uea� Savlaa . . Deeeabcr20b4 Pip 11 of 16 i All reports and reproducible plans, and other data developed by the CONSULTANT fbr the purpose of this Agreetnettt; shalt become the property of the CITY without restriction or limimtion in connection with the owWa use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT sball be the CMS sole risk and without Itsbility and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to tho CITY. �'Tli N 8 . [�U13')C APPEARAN `GF.9. CQ�(� A1aD HE.`►1rtt�v�� ' Nothing In this oontraQt shall obligate the CONSULTANT to prq= for or appear in lidpoon on behalf of the CYTY without additional compensation except for any dispute arising out of this contract. The amount of such compensation sball bo mutually aSted upon and be subject to a supplenwal agreement approved by the City Commissioners and upon recoelpt of writaren authorization $+om the CITY prior to pecfomlance of a Court appoet:a = and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the imprdvemant ' eontamplated as to interpretation, of plans, oonectlon of errors and omissions and preparation of any neo.mary plan ftxwf to correct such ert ors and omissions or clarify without added compensation. '��K;O - 9 - 1e101'IC,FB Any notices, teports Sae other written communications from the CONSULTANT to the CITY snail be eonsiderod daiiverod..whea delivered by courler.•or by mall to tha CITY. Any notices, rcpotu- or.othw ......... c�amtmictadow fironn the MY to the CONSULTANT shall be considered delivered when delivmd by the CONSUL'T'ANT in perm or by mail to said CONSULTANT or his authorized representative. SIIMON 10. A= R][t" T11as CITY reserves the iigbt to audit the r+ecmda of the CONSULTANT related to this Ag mneut at any time during ft execution of the WOM and for a period of one year after opal payment is made. This provision is applicable only to assigmmenta that arc on a time and cost basis. l4EG'T[ON �i .. 3i)B�'Ti1JGr To CONSULTANT Shall not subKAsdgn, or transfes any WORK under this Agreement without lira prior written consent of the CPPY: SON 12 . WAR1tANTY The CONSULTANT warrants that he has not employed or retained any COOPuY or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secum this contract and that he has not paid or agreed to pay any company or person othr than a bona fide Cnlployee worldng sol ly for the CONSULTANT any fee, eorrmWIM percentage fed gifts or any other considerations contlogeut upon or resulting horn the award or making of this contract. Rr breach or violation of this wawa 2% the Ci'f. . shall have the right to annul this contract without liability. � Plrolledoe�iSeivioosAg�emee< ocnmd ¢maieaaetvk�� DocembW2004 Ps4e 12 or i6 SKMN X3 - 'iRNRLAUMOFAG T rt is expressly understood and agreed that tho MY may terminate this Awcement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the MY'S solo oblfgstfalr to the CONSULTANT' shalt be payment for those units or sections .0f fits WORK previously authorized in accordance with the provisions of Section 4, such payment to be debemtitled on the basis of the WORK performed by die CONSULTANT up to the time of termination. 9CM let • DURATIONOFA This Agreement, for tits purpose of i mfr now WORK shall remain in full force and effect for a period ending December 1, 2007, although the actual completion of performance May extend beyond such temra, or until the depletion of funds allocated for the WORD. or unless otherwise tair minated. by, mutual consent of the parties h4reio. . . SBCtIONLS.�Ii�"PVVALO�f0�1 This agreement may be renewed, at The sole discredon of the CITY. for a maximum of one two year term at tiro end of the initial period. bf10N 16. DEYtAUr.T In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other.party In defauit and notify him in writin& in such eveart the CONSULTANT will only be compensaW far any completed professional aesvlcm. In the event partial payment has been made fbr such profhssional services not completed, the CONSULTANT shall return surd, sums to the f,;Tl'Y within ten (lo) days after notice that said sums arc due.- In the event of lidgation by the other party to amforce the provisions _ .. of this, cQgf V4 f6 prevoliag party, .will be compensated.for reasonable attorney's fees, rn no event shall. attormy`s fees aw&*A against fire MY exceed 25% of tba award for damages. The CITY does not waive sovereign immunity from awards ofprejudgraent Interest. ON dz-RMURi AND CATrON The CONSULTANT shall not commence- WORK on this Amt wA he has obtained all inuiurance required by the CITY. The CONSULTANT shall Indemnify and save the MY harmless from any and all claims, Itability, losses and causes of actions arising solely out of a nealigard error. omission, or act of the CONSULTANT Inckleat to the petfor matwo of the CONSULTANT'S' professional shrives under tbis Agremnent. Tim CONSULTANT shall pay all claims and losses of any .nature whatsoever, in connection th�awith. . Tha CONSULTANT agrees and recognizes that the CITY Atari not be hold liable or responsible for any claims, whist may tesalt from actions or omissions of ft CONSULTANT's actions. In ireviewIng, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub- cottsuitaflts, ft registered professionals under this Agreement. Tho CONSULTANT shall maintain during the term of this Agreement the following insuranw. • P,o[I�r.fomisardoaAtneama,t i Qeaa+l t�lo0ateaSe,v{oea Dewmbee2004 PW 13 arl6 A. Professional liability htauaance In the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all aums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by die. CONSULTANT or any person employed by him In connection with this Agreement. This iaetttance shall bo maintained for three years alter completion of the construction and acoepfaaoa of any Project covered by this Agwmea ti[owever, the CONSULTANT may pmchw Specife Project Pcofessfonal liability hmnnce which Is also acceptable. B. Compreheitalve gannetd liability insurance wide broad form endorsemen4 Including autmtnobile llabilttyr completed operations and products liability, contractual. liability. severability of intezwt with am liability provision, and personal louy and property damage liability with limits of $1,040,000 combined single limit per oecurmnoo for bodily injury and property damage. Said policy or policies shall name MY as additional insured and shalt reflect the hold haaniess provision contalned hmin. C. Wakmads Coraim satfon km =w in compliance with Chapter 440,14orida Statutes, as presently written or hereafter amended. D, The policies except foot Section 17 A shall contain waiver of subrogatlon against; MY where applicable. Shall expressly provide that such policy or poflcles are primary over any other collective lrusuraooe that Crff may have: The MY reserves rite right to mquest a copy of the required pohf m for review. All policies shall coubb a "severability of Interest" or "cram liablOW, clause without obligation for premium payment of the CTTY. . $. All of the above hiasuraoce is to be placed with Best rated A-& or batter insuranoo companies, . qualified to do business wider the laws of flue State of Plotida. The CONSULTANT shall finish cerbidic des of insingnce to the CnT prior to the conmieneement of opetatfotle, which = f caw shag olearly indicata that the CONSULTANT has obtained Insurance In the type, amount; and classification as r&p*td for strict compliance with dais Section and that no reduction in limits by endoremout during the policy team. or cancellation of this insurance shah be effective: without thirty (30) days prior written notice to the CITY. Compliance with tins fo xgoing its shall not relieve the CONSULTANT of his liability and obiigattons under this Section or under any other portion of this Ageeement. f3FC1'.[ON ],� - ACTt1��NTN�EXC`7�1[791'� Not &S in this AgtwwAt shall prevcm true CIIY'fi+om employing other CONSULTANTS to perform the same or similar services. • Utofeeitoeet savloes Ayeaom� Goad qdes sftV1W p"Onha2 4 ho 14 of 16 MMDE12 -- C M MWAKM Antes r.M , The CONSULTANT agrees to abide and be governed by all duly promulgated and pubiished CLTY, County, State and Rdend cam, ordinances and laws in affect at the dw of design which have a direct bearing on the WOR k involved on Ws lno act.' The CONSULTANT to required to complete public Entity C%nss Affidavit form (attached) pursuant to RS 287.133(3xa). i20_"RMR=Q_1?A Tthufs writing embodiea the entire Agreehnent and understanding between the parties hereto, and there era no other Agrcemeuts and understandings, a fal or wriffeu, with re hem to the subject matter hereof that arc-not merged herein and superseded hereby. No alteration, change, or modilioadon of the terms of Qhis AVeoftst shall be valid unless made in writing and signed by moth parties.Umto, upon appropriate action by the City Couirnissionem IN WM4E§S WEMMOP, this Agrmwnt is accepted on the date Ent above written subject to the tams and conditions sat forth herein. Authority of Resolution No.pa-00MV duly V"aed and adbpt the C'itgf bf South* Miami City Corr ission�(�� � ATIEST: CITYOPSOUI'i: MAMI Maria Menendez, City Cleric Maria V • vls, City Manager A CONSULTANT: (tgrrors Glst STATBOPHDRIDA ). vrGa�PResia 't' es: Acknowledgemem of-City of South Miami COUNTY6FDAbB y s The fbwgolag hwmment was acknowledged bef re me day of >� . 2OD4 by MARIA V. DAVIS and MARIA M I E4 City Manager andO�CiArgectively of the C1TY OF SOUTH MAW on behalf of the CdTY, who are personally known to me. PqG is of 16 • reot�tao�ts«vtu.Apmaame fiaaand Erirta= naoeao6mr2�a ' Li iedd6v (. otary Public, Sta of Florida Print name: � l�•E�'�% �t . U'r %'� CotnD"onNo: eo, STATSOFKDIUDA ) off° enr, s so: Aci=w1odgement of Consultant i! COUNTYOFDADB ) Tho 0/ 4+'� ATP GA�SfCi dL Pi: was aot wIedeci lfom me this„` �dey of _ a✓ . 2004 by of _T5 on behalf of the CONSULTANT. He is pemnally known to me or has Produoed - k idmtlScatlom t.� lam), State of morida ' Prhtt name: �� M �rS Commisslam No: P Q z G 7'7 4-2- APPRO'V31) AS TO FORM & CONrffiff MM Mao- ,�,„�a2 Cl y 6 moo, P�sl6oft6 AMENDWNT TO CONTMUMG PROFES. IGNAL SERVICES AGRUMENT DATED DECEMBER 1, 2007 .General Engineering Services TffiS FHW AhWADMNT the December 1, 2007 oondm&g professional services agreement is made and entered into this i� day of ISOM • 20AI by and between the City of South hfiami, a political subdivision of the State of Florida, (City) and Como Castella Carbalto 'Thompson Salman, P.A., a proms association authoifzed to do business in the Stata of Florida, (Consultant). '% REA3, In 2007, pursuant to section 287.055, Florida .Statutes, the city requested qualifications from quaWed engineers and selected the consultant to provide professional general engineering services; and VWRBAS, the term of the continuing professional services contract expired on September 30, 2003, the parties have mutaally agreed, and the consultant is willing and able to perl'orae continuing professionki services fbr the olty for another year, starting December 1, 2007 and ending November 30, 2008; Vi►H EAS, the parries agree to adhere to the basic terms and conditions set forth in 'the original agreement dated Novemb r 30, 2004, but agree to amend the term of the November 30, 2004 contract to reflect a new contract term starting December 1, 2007 and expiring November 30, 2008; and WMRFM, the purpose of this f rot amendment io the continuing services agreement dated November 30, 2004, is not to authorize the csrnsaltant to perform a specific project, but to extend the. term of tho underlying contract to, November 30, 2008. NOW TIUREFORS, in consideration of the sutra of $10.00, the' mutual promises and covenants contained In this colltmot, and for other good and valuable consideration, the receipt and legal altfftoienoy of whioh is acknowledged by both parties, the parties agree as follows: 1. - WHEREAS CLAUSES I. The above whereas clauses are incorporated and made a part of this first amendment to the continuing professional services contract dated November 30, 2004. 2. SCOPE OF WORK -- PROFESSIONAL SERVICES 2.1 Consultant's scope of work, professional services, fbr this project shall be as provided at Section 2 of the continuing professional services contract dated November 30, 2004, on a continuing basis in connection with projects where the basic construction costs does not exceed $•!Million, or studies whicb do not exceed $50,000.00, as amended. The November 30, 2004 agreement is attached ' as exhibit 1 to this first amendment. 3. PAYMENT -- BASIS OF COWENSATXON 3.1 The city shall pay the consultant the contract amount(o) provided as provided for at Section 4, "gage of Compensation % of the continuing professional : services ammement dated Noveriaber 30, 3004, which agreentgnt is attached to the first amendment as exlubit 1. 4. COIi WNCEMENTDATE AND TERM 4.1 The tern of this fast amendment to the November 30, 2004 continuing pnstbss3onal services agreement shall commence upon the date of December 1, 2007 and expire on November 30, 2008. Theca provisions shell replace and supersede secdon 15, 'renewal option" of the November 30, 2004. agreement. S. AGRXEMZNT 1107 EXCLUSIVE 5.1' Nothing in this first amendment shall prevent the City from employing other Consultants to perform or provide to the City with the same er similar services. 6.. CODES, ORDINANCES AND LAWS 6.1 The Consultant agrees to abide and be governed by all duly promulgated and published City, County, State and Federal codes, ordinances and jaws in eiiedt at the time of design which .have a direct bearing on the work involved on this project. Attached as exin'bit 2 to this amendment is Consultant's execute@ Public Ratity Ciimes-Affidavit arm, as reWlred under § 287.133(3Xa), M Stat. 7.. ENTIRETY OF AGREEMZNT 7.1' This amendment to the November 30, ,2004 continuing.professional services agreement, when signed by akl of the parties, constitutes the full and complete understanding and coat mot of the parties and• may not be in any manner interpreted or fulfilled in contradiotion of its express terms. This amendment and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous. contracts First Amendment to Continuing Professional Services Agreement dated November 30, 2004 Genbral Engineering services Page 2 of4 or understandings, oral or written, between the parties. In the event of'any cgnflict, the terms of Us amendment will govern over the provisions of any incorporated documents. 8. SE'VERABIUIT 8.1 Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or umonforoeable by any court of law, for any reason, the determination shall not reader void, invalid or u awforceabie any other section or part of any section of this contract 9. WARRANTY OV AUTHOkiI'1'iC 9.1 Una signatorids to this contract warrant that they are duly authorized by action of their respective city commission, board of direotors or other authority to executo this contract and tb bind. the parties to the promises, terms, conditions and warranties contained in this amendment to the continuing pmfesslonal servlcw contract dated November 30, 2004. No alteration, change, or modification of the tome of this Agreernent shall be valid unless made in writing and signed by both parries. 10. id07`ICM 10.1 All notices given or required under this contract snail be deemed sufficient if sent - by certified mail, return recelpt requested, to the addresses of the donsultant and to the city specified in this cor tm% unless elther. party shall spec* to the other party a difewnt address for the giving of tho notices. l A. CONTRACn NG OMCER REPRESIi NTATION 11.1 For the purposes of this amendment, the contracting ot3ceis ace as follows: To the City: City of South Mialhi Yvonne S. McKinley, City Manager 7630 S.W. 541h Court South Miami, Florida 33143 To Consultant: Corzo Castolls Cgallo Thompson Sahnan, P.A. (?anion I 9101 fbnce &Lgo►, IMW. r— First Amendment to Continuing Professional Services Agreement dated November 30, 2004 General Bnglaaering Services Page 3 of IN WITNESS WHEREOF, the pa[rtiea hereto, aoting thtough their duly authorized officers, have executed this amendment to the continuing professional services agreement dated November 30, 2004 as of the date first above written. AuthorityofResolution No.: 208 -07 -12593 duly passed and adopted by the South Miami City Commission on December 18, •2007 A.ITOT: CITY OF SO'(I',lT[ MIAh% . 9tyierk a s. MOXWe , City Made M. Menendez A'I I'F n., APPROVED AS TO FORM & CONTSI!ir City ay CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., . Consultant Print Name: 9AMa,J a4SM" , da Pam . First Amendment to Cohtinuing Professional Services Agreement dated November 30, 2004 General Enghmring Services Fags 4 of AME$WMBNT NO. 1 To PROFESSIONAL SER'VICB AGREEMENT Between CITY OF SOUTH MIAMI And CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) This amends the general engineering service agreement between the City and C3TS relative to the updated Florida Status 281.655(2Xg). Page .1; second paragraph of the Professional Service Agreement shell read "...on a continuing basis to connection with projects where the,baslc construction costa does not exceed 51 million or for study activity when the fee fdr such professional servieb does not exceed $50,000 or as per Florida Statute update... " in lieu of "...on a continuing basis in comiection with projects where the baslo construction costa does not exceed $500,000.00 or studies which do not'exceed $25,000..: ' All other provisions of the Agm meat ramain unchanged. _. , .APPRO."D: Audm tyofResoIuHoaNem.10.07 -I2395 Duly paned and adopted by tba City otsouth Mlam1 City Commission on Febnmry b, 2001. CITY OF SOUTH[ h+IY 4m Signature: Data: Br `{v K+r �. MC Tide: GtTY MWAGi C--F. CORZO CAMLLA CARBALLO T$OMPSON SALMAN, P.A. Sigua eta � Aate: P1�3�� . By: iLW- cYlOnl CAST VA-- Tide: SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STA UTE$ ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO -IN THE PRESENCE OF A NO'T'ARY PUBLIC OR OTHER OFFICIAL. AUTHORIZED TO ADMINISTER OATHS 1. This form statement Is submitted to 'Thar Gay OF' 5v d7* M(AM) by 9&_W AN 415794 4 (PM bdv WOO mama and We) for 94_nZA -J P.4 (P" name of an* submRl&eg swore stawepsno whose business address Ia MI fb t(& D& LGw-3 'gWP, Su93= -°pa Q�r1d� �r�c �s� FL 33(3 and if applicable Its Federal Employer Identification Number (FEIN) Gs &S'�A? I If the entity has not FEiN, Include the Social Security Number of the Individual signing this swom statement: 2. t understand that a "pubilo entfty a(nit3" as defined in pamarsph 287.133(1)(9), F1ortda S`tah�t ®s. means a vidistloon of any state or federal taw by a person with respect to an directly related to the tranaacdons of bustness with any public entity or with an agency or political subdivision of any other state. or with the. United States, Including, bttt not limited to any bid or contract far goods or serAwa to be provided to pub90 entity or agency or poAtloal subdMelon'of any other --atatewmf the United- Afates and bwolvtng antitrust, fraud, theft; bribery, eoltuaton, racketeering, conspiracy, or metadal mleirderpnetstoh, 3. 1 understand that °convicted' or `convfdion' as detlned In Paragraph 287.133(i)(b), � Fla a Stet asut means a finding of guilt or a conviction of a pubifo entity crime, wtfr' or without an a fcation of gullk In an fadbrat or state trial court of record relating to charges brought by f� or infonnatian after July 1, 1989, as a resuR of a Jury verdict, nenqury•trfat, or entry of a plea of guilty or note contenders. 4. 1 understand that an'AtiNate as defined in paragraph 287.133(1)(a), Florida Statutes means: 1. A'predecessar ar ouccessor of a person aonvfoted of a public entity crime, or 2. An entity under the control of any natural person who Is active in the management of the entity and who has Won convicted of a pubilo ant<fy aims, The term 'affiliate' Includes thcae off ere , diramrs, exs ullm, partners, shar"dem, employees, members, and agents who are active in the management of an affiliate. The.ownershlp by one person . of shares oonstlUft a oontrotirtg Interest In another person, or a pooik>g! of equipment or income among -persons when not for fair market value under an arm's length- egceemeni, shall be a prima (sole case Rot one person coArofs another person. A person who Iawwtngly entens•Into a Joint venture with a person wfw has been convioted of a public entity crime In Florids durtrtg the preceding W months shall be considered an atfulate 5, ! underai iwl that a "parson' as defined in Paragraph 287.133(1)(e), Fiorfda Statutes, means any natural person or amity orgentasd under the taws of any state or of the UnW Stales within the legal power to enter Into a Wriding contract and whfoh bids or dppflea to bid on cordracts for the provision of goods or entity. The term °person' inciudes those officers, executives, partners, sharshotam, employees, members, and agents who are active in management of an entity, 6. Based on information and belief, the statement Whkh f have marked below is true In rotation to the sntity�bmttfing this sworn statement. (Please Indicate which statement applies.) r.. — Nalther the entity submit V mom statement, nor any of Its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity; nor any a illate of the entity has been charged with and convicted of a public entity crime aubseggart to July 1, 9589. The entity. submittt this swam statement. or one or more of Its oiffcats, directors, execAWa, partners, shareholdere, employees. members, or agents who are active In the management of the entity. or an affiliate of the entity, or anretiillate of the entity had been charged with and corrOctad of a public entity crime subsequent to July 1, 1989, &W (please Indicate whloh additional statement applies. ' The entity submitting this swom statement, or one or more of tie officers, directors, wwoutives, partners, shareholders, employees, members, or agents who are activs In the maragernent, of the entity, nor any atiillate of the entity has been charged with and convicted of a publiorentitty crime subsequent proceedtng before a Hearing Offioa of the state of the Stela of Florlda, phr(adon of Administrative Hearings and the• Final Order entered by the Hearing Officer datermined that it was not In the public intei+sst to place the antity submitting tits sworn statement on the comvloted vendor IMet. (atteoh a copy of the first order). i UNDERSTAND; THAT THE SUBMISSION OF—THIS - FORM TO THE CONTRACTING OF FOR-11A 0UBtJ6 ENTr1 Y I. FIED IN PARAGRAPH 11 (ONE) ABOVE i8 FOR THAT PUBLIC ' EN77TY ONLY AND THAT THIS FORM 18 VALID THROUGH DECEMBER 91 OR THE CALENDAR YEAR iN WHICH IT 18 FILED. I ALSO UNDERSTAND THAT I AM REQUiRED TO. INFORM THAT PUBLIC EN77TY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESKOLD AMOUNT PROVIDED IN SECTION 287.0i7 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED iN THIS FORM.. (signature) Svuom to and subscribed before me this day of 20 — (1� --� Personally !mown 7u me Or produced Idehdfiostion '—� ^ - -- Notary Pubil"tate of PW My Comm (l ype of Identiffcation) E. a 886669 eoeTgfwi� 2011 (Printed. typed ar stAmped oommiseio name of notary public)