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04-01-08 Item 9South Miami AI- America city, I CITY OF SOUTH MIAMI • �NCOR9PZ;ATED� • OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoo, To: The Honorable Mayor & Members of the City Commission e Via: W. Ajibola Balogun, Acting City Manager From: Jose Olivo, P.E. Public Works & Engineering Department Date: April 1, 2008 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 DESIGN PHASE SERVICES FOR A 12 -INCH WATERMAIN DISTRIBUTION SYSTEM EXTENSION ALONG SW 61St COURT AND AROUND CITY HALL IN AN AMOUNT OF $18,020.00 TO BE CHARGED TO MIAMI - DADE COUNTY GENERAL OBLIGATION BOND (GOB) FUND ACCOUNT NUMBER 106 - 1790 - 533 -6300; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to approve professional service work order for 12- Inch Watermain Distribution System Extension -City Hall design phase services. Reason/Need: As one of the City's General Engineering Services consultants, C3TS has submitted the attached proposal for the Design Phase Services for the project. C3TS' services will include: design and preparation of construction documents, specifications, project manual and cost estimates for the proposed 12 -inch Watermain Distribution System Extension; services include permitting assistance through Miami -Dade County Water and Sewer Department, Miami -Dade County Fire Department, Miami -Dade County Department of Environmental Resources Management, State Department of Health and City of South Miami Public Works Department. The proposed improvements will include providing fire protection along SW 61St Ct. and around City Hall. We anticipate constructing the 12 -inch watermain in conjunction with our Sunset Drive Improvements Project -Phase I to minimize restoration efforts. Cost: $18,020.00 Funding Source: Miami Dade County GOB Fund- Project No. 17.8 -73177 Agenda Item No.: C3TS Agreement for 12 -inch Watermain Design April 1, 2008 Backup Documentation: ❑ Proposed Resolution ❑ C3TS' Work Order for Professional Services ❑ C3TS' Professional General Engineering Service Agreement ❑ C3TS' Amendment to Continuing Professional Services ❑ Project's Conceptual Plan 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 DESIGN PHASE SERVICES FOR A 12 -INCH WATERMAIN DISTRIBUTION SYSTEM EXTENSION ALONG SW 61St COURT And AROUND CITY HALL IN AN AMOUNT OF $18,020.00 TO BE CHARGED TO MIAMI -DADE COUNTY GENERAL OBLIGATION BOND (GOB) FUND ACCOUNT NUMBER 106 - 1790 - 533 -6300; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide watermain infrastructure improvements along SW 61St Court and around City Hall; and WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for professional engineering services for the design phase services for the 12 -inch Watermain Distribution System Extension -City Hall; and WHEREAS, the total cost of the professional services will be $18,020.00, funded through the Miami -Dade County General Obligation Bond (GOB) Fund account number 106 - 1790 - 533 -6300 with account balance of $462,000.00. 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 C3TS in an amount of $18,020.00 for the 12 -inch Watermain Distribution System Extension design phase services.. Section 2: The total cost of the professional services will be $18,020.00, funded through the Miami -Dade County GOB Fund account number 106 - 1790 - 533 -6300 with account balance of $462,000.00. Section 3: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of 12008. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: WORK ORDER FOR PROFESSIONAL SERVICES TO: City of South Miami Date: 01/09/08 Public Works Department File: 1929 -00 4795 SW 75th Avenue South Miami, Florida 33155 ATTENTION: W. Ajibola Balogun, REM E i Public Works Director ngneers , Architects P l a n n e r s PROJECT NAME: Water Main Improvements around City Hall City of South Miami, Florida SCOPE OF PROJECT: New 12" water main loop around City Hall Complex connecting to existing water main on Sunset Drive at two locations: SW 6151 Court and SW 61 st Court Circle. The improvements include fire hydrants and water services. It is anticipated that this water main installation will be done in conjunction with the Phase I and II Sunset Drive Improvements to minimize restoration efforts. SCOPE OF SERVICES: E B 0 0 0 5 0 2 2 Design & Permitting Phase AAC002142 Final design and preparation of construction documents, specifications, project manual and cost estimates for the proposed water main improvements. Services include permitting assistance through MDWASD, Miami -Dade Fire Department, South Miami Public Works Department, Miami -Dade DERM and the State Department of Health. TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services. Our fees for the above services shall be as per the following lump sum fee schedule: Design & Permitting Phase ................... ............................... $18,020 The City of South -Miami will be responsible for any permit fees, and these are not included in the above fees. If need be, we can pay those fees and be reimbursed by the City. 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. __Gorz Castell ballo T 6 alman, P.A. Ramo astella, P. . Vice - President RC /er City of South Miami Approved by: Date: L:\ Projects 11929- 00\W.0- Proposals%W.O.W MTCItyHa11122107.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: FEE WORKSHEET January 9, 2008 PROJECT: Water main Improvements Around City Hall City of South Miami Design and Permitting Phase: Fee Worksheet - Page 1 .Task 1 :.' <.: Prin ' : P:E El . S�: Tech; Tech..:;' Clerical ..:; Plan and Profile Sheets 2 8 12 6 30 4 Construction Details and Notes 4 10 4 12 MDWASD Dry-Run & Dev. A mt.Assist. 8 16 24 4 10 6 MDWASD & Fire Department Approval 2 12 18 8 12 8 DOH /DERM Permitting 2 6 12 2 4 4 Construction Phase Sub -Total Hours Billing Rate Labor Cost 14 46 76 24 68 22 135 95 75 60 55 40 $1,890 $4,370 $5,700 $1,440 $3,740 $880 Total $18,020 LAProjects \1929 -00\W.O. Proposal\ FeeWorksheetWaterMainlmpCityHaII122107 .xls {l 1.4) 4un000pelolwen Ai oleo SID gooMa,uoipru;suoo-i !6u3'peW4tonoSio43Aqapm 5 $d ................... ......................... Gov 0 uO!su,91x---4 ulewJE)IeM WN IPH A1!0:iwejjN qlnoS jo Al!o PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this 3i day of hQ12 WfiMAK by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and CORW CASTELLA CARBALLO THOMPSON SALMAN, P.A., authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on December 1, 2007, and the CONSULTANT agrees to perform all professional services, in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000.00, herein after called the "SERVICES ". SECTION 1- GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work performed by other professional. consultants or for other miscellaneous engineering services that may be required. 1.2 .A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at,all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SElEtirICES 2.1 General Engineering Services The professional services to be provided by the consultant are as follows: A. Roadway engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, striping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Water Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Traffic engineering services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendation to stakeholders and preparation of final traffic engineering report. E. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. F. Other incidental services associated to the above items. 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co-ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK The lead CONSULTANT as designated by • Professional Services Agreement General Engineering Services December 2004 Pagd 2 of 16 the CITY shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I- Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT. shall present the Schematic design studies to the appropriate Boards for their approval when -the project requires such approval. 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. I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Professional Services Agreement General Engineering Services December 2004 Page 3 of 16 Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY 2.2.2 Phase If — Study and Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase M will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Design /Construction Documents Development• A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Mami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet format, unless approved otherwise. Professional Services Agreement General Engineering Services December 2004 Page 4 of 16 C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non- drawing submittals in Microsoft Office format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 509o' completion in Phase III,. the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 5001b documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase Ill will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY a minimum of 24 sets of drawin&5 and specifications, at no additional cost to'the CITY, for bidding purposes, unless instructed otherwise. The CONSULTANT shall arrange for "dry runs" and/or make final submissions. to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall • Professional Services Agreement Ckx=al Engineering Services December 2004 Page 5 of 16 respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a. recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as.appropriate to clarify, correct or change Bid Documents. C. If Pre- Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re -bids, and awarding the re-bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V — General Administration of the Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. Professiwat services Agreement General Engineering services December 2004 Page 6 of 16 B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre - construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate; and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: 1, an evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents. 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will Professional services Agreement General Engineering Services December 2004 Page 7 of 16 have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. L The CONSULTANT shall promptly review and' approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the 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 Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. 2.2.6 Phase VI - Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational m a safe and effective manner. B. The CONSULTANT shall furnish to the CITY: reproducible record drawings _ updated based on information furnished by the Contractor, such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guaranteetwarranties for correction. He shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services ■ Professional Services Agm mint General Engines ieg Services Deo=ber2004 Page 9 of 16 Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CTTY. F. . Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and'fumishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). I. The services of one or more full -time Project Representatives. K. Preparing to. serve or serving as an expert witness in connection with any arbitration Proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. Professional Services Agreement General Engineering Services December 2004 Page 9 of 16 M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 - TI dE FOR COWLETION! The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. SECTION 4 - BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CTIT reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Categga Principal Project Manager Senior Engineer Engineer Construction Manager Construction Inspection Senior Draftsman/Technical/CADD Operator Draftsmen Data Processing / Clerical Hourly rates will include all wages, benefits, overhead and profit. • Professional Services Agreement General Engineering Services December 20D4 Page 10 of 16 Hourly Rate $135 $105 $95 $75 $100 $55 $60 $55 $40 SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Phase I. 35% upon completion and approval of Phase II. 55% upon submittal and approval of 50% complete drawings and outline specifications of phase 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1. 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 information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed, d. Amount earned. e. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the Industry Arbitration Rules of the American Arbitration Association. Professional Services Agrocamt General Engineering Services December 2004 Page 11 of 16 SECTION i - OWNERSlildP OF DOCUMENTS All reports and reproducible plans, and other'data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use, and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SEMON S - COURT APPEARANCES- CONFERENCES AND HEAR]NGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out. of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9. NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLE1"MG The CONSULTANT shall not sublet,. assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 - WARRANTY The CONSULTANT wan-ants that he has not employed.or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. • Pmfessional Services Agreement General Engineering Services December 2004 Page 12 of 16 SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT' shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - &&RATION OF AGREE1ViENT This Agreement, for the purpose of issuing new 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 term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - IIEFAIJLT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (1.0) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND MEMiNIFICATION The CONSULTANT shall not commence- WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S ' professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any. claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, 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 - consultants, the registered professionals under this Agreement. The CONSULTANT shall maintain during the term of this Agreement the following insurance: • Professional Services Agreement General Engineering Services December 2004 Page 13 of 16 A. Professional Liability Insurance 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 sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability .insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross Iiability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. . D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CITY may have: The CITY reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. • Professional services Agreement General Engineering services December 2004 Page 14 of I6 SECTION 19 - CODES. ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(x). SECTION 20 - E.NTI]EtETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.A3-0q-1116V duly passed and adopt by the City of South Miami City Commission &,.-00V ATTEST: CrrY OF SOUTH MIAMI _;121 I, A44 - 11J91' Maria Menendez, City Cleric Maria V. • avis, City Manager A CONSULTANT: STATE OF FLORIDA ss: Acknowledgement of City of south Miami COUNTY OF DADE ) �1�� C The foregoing instrument was acknowledged before me this �l' —day of� l%Z�"' , 2004 by MARIA V. DAVIS and MARIA MHgENDEZ, City Manager and C_ ity lerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. ■ Professional Services Agreement General Engineering Services December 2004 Page 15 of 16 '�PLt�" 'Q.i�c'dCc: i flVotary Public, Sta of Florida w / 1 Print name: % 7lty fi4a� i1F�MA 6LA L G RC 'N"�' Commission No: .. COMMISSION CUMBER STATE OF FLORIDA ) p� U oaos �pFFGV� tutYCOMMISSION 220A5 EXPIRES ss: Acknowledgement of Consultant COUNTY OF DADE ) The f6mgoing instrument was acknowledged before me this ELI ` day of 0 W 2004 by �M on (.6C � [,q , PF of C�7.S ' on behalf of the CONSULTANT. He is personally known to me or has produced • as identification. APPROVED AS TO FORM & CONTENT omey ■ Professional services Agreement General Engineering services December 2004 Page 16 of 16 N Public, State of Florida Print name: 6'z;tce 6eL- -�C -S Commission No: L c; 7 '7 4-Z. Cam Mown pV C0mmMIcn 00267742 CW "{� ! ldpvamoar 78,2907 o J AMENDMENT TO CONTINUING PROFESSIONAL, SERVICES AGREEMENT DATED DECEMBER 1, 2007 General Engineering Services THIS FIRST AMENDMENT tR the December 1, 2007 continuing professional services agreement is made and entered into this l day of der- • , 2Q0 by and between the City of South Miami, a political subdivision of the State of Florida, (City) and Corzo Castella Carballo Thompson Salman, P.A., a professional association authorized to do business in the State of Florida, (Consultant). WHEREAS, in 2007, pursuant to section 287.055, Florida' Statutes, the city requested qualifications from qualified engineers and selected the consultant to provide professional general engineering services; and WHEREAS, the term of the continuing professional services contract expired on September 30, 2003, the parties have mutually agreed, and the consultant is willing and able to perform continuing professional services for the city for another year, starting December 1, 2007 and ending November 30,2008; WHEREAS, the parties agree to adhere to the basic terms and conditions set forth in the original agreement dated November 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 WHEREAS, the purpose of this first amendment to the continuing services agreement dated November 30, 2004, is not to authorize the consultant to perform a specific project, but to extend the term of the underlying contract to. November 30, 2008. NOW THEREFORE, in consideration of the suit of $10.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows: 1. WHEREAS CLAUSES 1.1. 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, for 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 $I Million, or studies which 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 COMPENSATION 3.1 The city shall pay the consultant the contract amount(s) provided as provided for at Section 4, "Basis of Compensation ", of the continuing professional services agreement dated November 30, 3004, which.agreement is attached to the first amendment as exhibit 1. 4. COMMENCEMENT DATE AND TERM 4.1 The term of this first amendment to the November 30, 2004 continuing professional services agreement shall commence upon the date of December 1, 2007 and expire on November 30, 2008. These provisions shall replace and supercede section 15, "renewal option" of the November 30, 2004. agreement. 5. AGREEMENT NOT 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 or 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 laws in effect at the time of design which .have a direct bearing on the work involved on this project. Attached as exhibit 2 to this amendment is Consultant's executed Public Entity Crimes Affidavit form, as required under § 287.133(3 )(a), Fla. Stat. 7. ENTIRETY OF AGREEMENT 7.1 * This amendment to the November 30, 2004 continuing professional services agreement, when signed by all of the parties, constitutes the full and complete understanding and contract of the parties and may not be in any manner interpreted or fulfilled in contradiction 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 General Engineering Services Page 2 of 4 or understandings, oral or written, between the parties. In the event of any conflict, the terms of this amendment will govern over the provisions of any incorporated documents. 8. SEVERABILITY 8.1 Should any paragraph or any part of any,paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 9. WARRANTY OF AUTHORITY 9.1 The signatories to this. contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this amendment to the continuing professional services contract .dated November 30, 2004. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties. 10. NOTICES . 10.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the consultant and to the city specified in this contract, unless either. party shall specify to the other party a different address for the giving of the notices. 11. CONTRACTING OFFICER REPRESENTATION 11.1 For the purposes of this amendment, the contracting officers are as follows: To the City: City of South Miami Yvonne S. McKinley, City Manager 7630 S.W. 64th Court South Miami, Florida 33143 To Consultant: Corzo Castella CarbaIlo Thompson Salman, P.A. 90 l Ponce- demon &%al Coca- Wes , r� 3 a 1 First Amendment to Continuing Professional Services Agreement dated November 30, 2004 General Engineering Services Page 3 of IN WITNESS WHEREOF, the parties hereto, acting through 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. Authority of Resolution No.: 208 -07 -12593 duly passed and adopted by the South Miami City Commission on December 18, 2007 ATTEST: /7� I City Clerk . Maria M. Menendez ATTEST: APPROVED AS TO FORM & CONTENT City ey CITY OF SOUTH MIAMI, F I L' CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., . Consultant Print Name: First Amendment to Continuing Professional Services Agreement dated November 30, 2004 General Engineering Services Page 4 of 4 AMENDMENT NO. 1 To PROFESSIONAL SERVICE 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 Statue 287.055(2)(g). Page 1, second paragraph of the Professional Service Agreement shall read "...on a continuing basis in connection with projects where the basic construction costs does not exceed $1 million or for study activity when the fee for such professional service does not exceed $50,000 or as per Florida Statute update..." in lieu of "...on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000..." All other provisions of the Agreement remain unchanged. APPROVED: Authority of Resolution No.: 10 -07 -12395 Duly passed and adopted by the City of South Miami City Commission on February 6, 2007. CITY OF SOUTH MIAMI Signature: wP Date: By: �� �E: �. 1'�tC�lPpUPT Title: C T �Pt�A� ��. . CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. Signat -g � Date: .01 Az- -_z> oIo By: 12"o r1 Title: V I C& -erte 3 iiq &- -ham SWORN STATEMENT PURSUANT TO SECTION 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. This form statement is submitted to INC- Ct]y OF So uTIf M 1 9 by A—h Mrr (Print individual's name and title) for E'1! Q.ZG> I 9� A-J� f'•A . (Print name of entity submitting sworn statement) whose business address is q21 A V& p-& LG.--� _OLVP , Si1'ft--P4> CA242 ar-,&L! J FL :3 and if applicable its Federal Employer identification Number (FEIN) is 65'W- -3 1 93 if the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crinTe" as defined in paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other —state or-of the United - States and involving antitrust, fraud, theft; bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, In an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo,contendere. 4. 1 understand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor.or successor of a person convicted 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 been convicted of a public entity crime. The term "affiliate" includes those officers , directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons wheh not for fair market value under an arm's length - agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters- into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 38 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract *and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. (Please indicate which statement applies.) Neither the entity submitting swam 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 affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies_ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer . determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) zlelkp Sworn to and subscribed before me this day of , 200—f. Personally known c, m C Or produced identification _ Notary Public -State of FCC Pl/J/f- My Comm r-12195 - - x� p'Tr F (Type of identificatlon ) __ Commission DD 666569 o Expires July 16, 2011 , Bonded ThN Troy Fefi htisyra�99o-38S7019 (Printed, typed or stamped commission name of notary public) City of South Miarni: City Hall New Watermain Extension 0 50 100 200 300 400 500 Feet z • �"*,a r AIR ` N ig yam" { x t; a N W _+E S Made by City of South Miami, Engineering & Construction, 2/26/2008. GIS Data by Miami -Dade County (11/2007).