08-27-08 Item 14To:
Via:
From:
Date:
Subject:
South Miami
AA- America City
CITY OF SOUTH MIAMI 1111,11
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor & Members of the City Commission
W. Ajibola Balogun, City Manager
Jose Olivo, P.E.
Public Works & Engineering Department
August 19, 2008
Approval of Professional Service Work Order.
Agenda Item No.:
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 II IN AN AMOUNT OF $23,740 TO BE CHARGED
TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
GRANT ACCOUNT NUMBER 106 - 1726- 536 -3451; PROVIDING FOR AN
EFFECTIVE DATE
Request: Authorizing the City Manager to approve professional service work order for
Sunset Drive Improvements -Phase II construction phase services.
Reason/Need: As one of the City's General Engineering Services consultants and the
design engineers for the Sunset Drive Improvements, 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.
Cost:
$23,740.00
Funding Source: $23,740 will be funded through the Florida Department of Environmental
Protection (FDEP) Grant account number 106.- 1726- 536 -3451 with the
current account balance of $25,000.00.
Agenda Item No.:
C3TS Agreement for Sunset
August 19, 2008
Backup Documentation:
❑ Proposed Resolution
❑ C3TS' Work Order for Professional Services
❑ C3TS' Professional General Engineering Service Agreement
❑ C3TS' Amendment to Continuing Professional Services
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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
II IN AN AMOUNT OF $23,740 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106 -1726-
636 -3451; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements at
City of South Miami City Hall public parking, as well as on streets adjacent to City Hall and Public Library
(known as Sunset Drive Improvements Phase II); 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 II project; and
WHEREAS, the total cost of the professional services will be $23,740 funded through the FDEP
Grant account number 106 - 1726- 536 -3451.
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 $23,740.00 for the Sunset Drive Improvements Phase II
construction phase services.
Section 2: The total cost of the professional services will be $23,740 funded through the FDEP
Grant account number 106 - 1726- 536 -3451 with the current account balance of $25,000.00
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 , 2008.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
�D
S�
WORK ORDER FOR PROFESSIONAL SERVICES
TO: City of South Miami Date: 06/23/08
6130 Sunset Drive File: 1929 -26
South Miami, Florida 33143
ATTENTION: W. Ajibola Balogun, City Manager
PROJECT NAME: Sunset Drive Improvements — Phase II
Engineers (Parking Lots & Drives Around City Hall)
Architects
P l a n n e r s City of South Miami, Florida
Construction Phase Services
EB0005022
AAC002142
SCOPE OF SERVICES
These construction phase services shall be in conjunction with extension via change order of
Phase I 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 2 months.
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 ..................... ........................$23,740
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.
4 Co teCastlla Ilo Th alman, P.A.
amon e a, P.E.
Vice - President
RC /er
City of South Miami
Approved by:
Date:
L:1Projede1 1929-0 o1W. 0• PmposetslW .O.SurreetDrimpPhllConsM2408AM
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.
FEE WORKSHEET
DATE: June 23,2008
PROJECT: Sunset Drive Improvements - Phase II
City of South Miami
Construction Phase: (Assumes 2 month construction period)
Fee Worksheet - Page 1
Total $23,740
LAPrgectsN82B- 001W.0. PropossWeeWork sheetSunsetDdvePhIlOS 08.As
Shop Drawing Review
4
8
Weekly Meetings
8
20
6
14
Contractor RFI and Clarifications
2
20
20
2
Contractor Payment Requisitions
4
6
2
2
Contractor Change Order & Requests
4
4
2
Half -time Resident Inspection
4
16
16
2
Construction Phase Sub -Total Hours
Billing Ratel
Labor Costj
14
68
60
182
22
1351
951
75
55
40
$1,8901
$6,460
$4;500
$10,010
$880
Labor Sub -Total
$23,740
Total $23,740
LAPrgectsN82B- 001W.0. PropossWeeWork sheetSunsetDdvePhIlOS 08.As
PROFESSIONAL SERVICE AGREEMENT
General Enen Bring Servloes
I AGRM.IENT made and entered into this _:510 daY of
OCASS'IOM MIRK a political subdivision of the State of Fl f� �b the C
and
CARBAILO THOMPSON SALMAN. PA, authorized to do business in d
referred to as the °CONSULTANT".
In consideration of -the premises and the mutual covenants contained in this agre
agrees to employ the CONSULTANT for a period ending on Dew 1, 2007, and the
agrees to pmfmm all professional services -in oomwcdm with the WORD as descr t
continuing basis in connection with panj" where the basic cozmtEvctiom cam does not ex(
or studies which do not exceed $25, 000.00, bm m attar called the `WMVICBS,,
MOY12M..
1.1 The CONSULTANT may be issued a Notice to
defined In �Peragraph 2.2 for a project, for a Proceed he encompass the entire B
speaffied pardon of the Basic Services, or for
paragraphs 2.3 AddWmW Professional . for the pose of
Peftmed by other p[oftsioual.consultants or for other miscellaneous engineering 9
be regained.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole dismrtion of
CITY reserves, at all times, the right to petfiortn any and all'engineering work it
other Wgineers. Ibis Agreement does not confer on the CONSULTANT my exc
CITY WORK, nor does it obligate the CITY is any manner to guarantee i
CONSULTANT. The CONSULTANT may submit proposals for
which proposals may be publicly solicited the any profession
by CTI'Y` outside of this agreement,
,en the CITY
and CORZO
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$500.000.00
Services, as
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CITY. The
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ive rights to
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services for
1.3 The CITY will confer with the CONSULTANT before any Notice to proceed %�Mx to d iscuss the
scope of the WORD the tinne needed to complete the WORK and the fee the 'ces to be
rendered M c0mle6tiom with the WORIL
1.4 The CONSULTANT will submit a proposal upon fits CU" �� prim. to the of a Notice
to Proceed. No payment will be made for the CONSULTANTS tame and services in with
the preparation of any proposal.
1.5 The CITY agrees that it will famish to the CONSULTANT plans and other data a le in the
to d pertaining to the WORK to be pe honed under t� moment pMM1tlY each Notice
1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which
their presence is required.
1.7 The QTY agrees to designate a reprmntative 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 repr+ese ntative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
77 717 E-1774 77 W I
The professional services to be provided by the consultant are as follows:
A. Roadway engineering to include streets, sidewalk, crab, gutaer, drainage, associated tramc
contiiol devices, striping, ligli ft speedreducdm devices and i cidental landscaping.
B. Drainage Design includes fhe necessary analysis needed to implement proposed
1114)roveme nts► preparation of paving and drainage plan for municipal building and Wdi drainage
C. Civil Engineering, to include Water Distribution Systems Improvement I Analysis and design
and Sanitary Sewer System Evaluation and design.
D. Traffic engineering services will include daily volume =Mts, data analysis, preparation of
conceptual Improvements plan, pment reports and recommendgUon to stakeholders and
won of final traffic engimesring Mporo
E. Envirmmiental Migineeriii& to including, site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks
asbestos materials. , harerdous waft materials and
R Other incidental services associated to the above kems.
The Basic Services, for design and oonsfruotio% consist of six (6) phases descxibed in %%graph 2.11 through
6au . Tim scope outlined below is applicable in its entirety to projects for which Completed Basic Services
Upon authorization to proceed from the QTY, 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 landscape archiWcaual or architectural
CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by
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the C1TY shall prepare the final bid package including bid documents and specifications, which shell be
prepared by, and be the responsibility of the respective disciplines.
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A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the f'U scope of the Project that will meet the program requirements, and shall
advise the CITY 4 in the CONSULTANTS opinion, the allocated fiords are adequate to
accomplish the program re1um
B. The CONSULTANT shall use pr%= and adequate design control to assure the CITY that the
progn aunt 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, biddin& 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
planting caiteria 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 rye pests and the design concept
of the whole. A simple pempective *at* model or photograph Reef 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 whenft project requires such approval.
H. The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as PPL, Southern Bell, Dynamic Cable MDWASA, etc.) for any conflict
with their utilities.
L The Stateroom of Probable won Cost shall include estimated cost of do Project
including fixed equipment, professional fps, contingencies (if any escalation factors
adjusted to the estimated bid darn, movable estimate (if any), and utility service extensions (if
ulded s� The CONSULTANTS opinions of probable Total Project Costs and Agmana
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Construction Cost are to be made on - the basis of CONSULTANT'S experience and
qualifications and represent CONSULTANTS best judgement as an experienced and
qualified professional wgineer, familiar with the local coon industry and prices.
J. The CONS shall submit and present two (2) copies of all documents required under
this Phase, without additional charge, for approval by the QTY and he fiball not• ro ith
the next Phase uneti died
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2.2.2 Phase 11 — Study and Dad= pamIQMM.
A. Prom the approved sdmmg tic Design documents, the CONSULTANT shall prepare Design
Development Documents, comprising the drawings, outline specifications and 'other
documents to fix and descxibe the size and character of ft entire Project as to consiruwon
and finish materials and other items incidental thereto as may be apprvpriato and applicable.
B. The Design Development Documents shall comprise the proposed project Timetable
(updated), Outline Specffication&. Updated Statement of Probable Construction Cost, and
Design Development Drawhgm etc, as reWired to clearly delineate the Project, If -the
Updated Statement of Probable Construe ion Cost exceeds the allocated funds, feasible cost
OF 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 tames monitor the Probable Construction Costs to make
certain they remain within the total allocated budget A Notice to Proceed to base III will
not be issued if the latest statement of Probable Constructioa Cost exceeds the total allocated
fuurds.
223 R= M — Find Design / COnshC s Devele�,;�
A. From the approved Design Development Documeots, 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 Spociiicabon& CONSULTANT
shall use Cron Specifications Instuute (CS]) Standards and the City of South Mamd
Standard farms for the preparation of the proposal (bid) forms, Li,ctructions to Bidders,
conditions of Contract and Specifications. The CONSULTANT shall review all existing City
SPecificatioac, for camPleteness prior to use and shall supply all needed additional
specifications.
B. The Construction Doan nests shall be prepared in a manor drat will assure clarity of
hwwork, notes, and dimensions, when the documents arse reduced to 50% of their size. All
w � shall 24" x 36" paper ("D" size), an the C it.Ys stamiard sheet format, unless
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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 M=sofi Office format.
2. Drawings in AutoCAD fio maL
3. GIS files should be in ArcView format Version 3.2.
D. When the development of the drawings has progressed to at least 50% completion in Phase
III,. the CONSULTANT shall submit two (2) copies to the CTTY 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: requvements, or general market conditions and an updated project
Schedule.
E. The CONSULTANT shall not orooeed with the f nta klonn = until Illoval of the
5096 docu = is received from the ('.PTY. The CONSULTANT shall make all changes to
documents. The 50% complete Check set shall be returned to the CPTY.
F. A Notice to Proceed for the completion of Phase iII will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated ftmds, unless the CITY frncreasm
the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost
nxhw ions sufficient to enable construction within the furs available.
G. Upon 100% completion of the Consbnrctian Docu om ts, the CONSULTANT shall submit to
the CRTY 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 proms to the appropriate MY
Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the
final approval.
L The CONSULTANT at no extra cost to the CTTY 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 dew trader paragraph 2,2.1 A. The 100% complete Check
set shall be retsuned to the CITY. Upon final approval by the CTPY, the CONSULTANT
shall furnish to the CITY a _minin nm of 24 sets of dMid= Wd specificatioft at no
additional cost to the CITY, for bidding purposes, unless instructed otherwise.
J. The CONSULTANT shall arrange for "dry runs" andfor snake final submissions to
appropriate authorities (regulatory agencies to include and not limited to City. County, State
or Feder as necessary, to aseatain that the construction documents meet the necessary
requkementa to obtain all the necessary permits far construction. CONSULTANT shall
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respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at
no additional cost to CITY, in ordat to acquire the necessary permits.
2.2A 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 eordbre=s. The CONSULTANT shall be present during the bid opening
and as part of his assistance to the CITY will tally, evaluate and issue a.reeommendation to
the QTY alter verifying bond, insurance documents, questiamaire 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 Prue- Qualification of bidders is required m set forth is the Request for QuWMcadM
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 CTf Y may:
1. approve the increase in Project Cost and award a construction eont = or,
2.- reject all bids and rebid the Project witbin a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or botb, as approved
by the CITY and rebid the IPfoject, or
4. suspend or abandon the Project, or
5. exeresse all options under the City Charter and State law.
NOTE: Under item (2) above, the, CONSULTANT stall, without additional compensation, assist the
CTTY in obtaining re -bide, and awarding dra re-bid of the project. Under item (3) above, the
CONSULTANT shall, without additional compensation. modify the Construction Doauents as
necessary to bring the Probable Consonrdion Cost within the Total Allocated Funds. Who the lowest
responsible bid is over 15% of the CONSULTANT estimate.
8 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. iitejection of bids by the QTY does not constitute aincellation of the
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2.25 Phase V — QAal Administra>Yan of Capon Contract"
A. The Cmstrvction Phase will begin with the award of the Consnnetion Contract and will end
when the COMUCtOes Canal Payment Certificate is approved and paid by the My.
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B. The CONSULTANT, as the representative of the CTTy during the Consflucdon phase, shall
advise and consult with the MY and shall have authority to act an behalf of the CITY to the
extent provided in the C W=ral Conditions and as modified in the Supplementary Conditions
of the Corkhuction Contract:
C. The CONSULTANT shall attend pre -won 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 progess of the Project and to determine in general if the WORK is proceeding in
accordance with the Contract DocumentL On the basis of on -site observations, the
CONSULTANT will use reasonable and =wmary care to guard the CITY against defecils
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 famish 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 progoem of the WORK, and shall submit same in a timely mum. The CONSULTANT
shall ascertain at least monthly, that the ContracW 9s making timely, acc mate; and complete
notations on re=d drawings.
G. Based on observations at the site and on the Contractoes Payment Certificate. the
CONSULTANT shall determine the amount due the Contractor on account and he shall
recommend approval of the Cmtificate in such amounts. The rw4mmendation of approval of
a Payment Certificate shall constitute a representation by the CONSULTANT to the my
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 conk= documem upon
substantial completion.
2. the results of aqy subsequent tests required by the contract documents,
3. mina deviations from the cm*ac t documents cocrectable prior to completion and
acceptance of the project.
R 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 haw compliance with time Contract Documents, he will
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have authority (with the City's prior approval) to recommend special inspections or testing of
any WORK d=ied not to be in accordance with the Contract whether or not such WORK
has been fabricated and delivered to the Project, or installed and complete(L
L The CONSULTANT shall promptly review and approve shop drawings, samples, and other
submissions of the Contrac W for eoubmance with the design concept of the Project and for
compliance with the Contract Documents. Granges or substitutions to the Contract
Documents shall not be authorized without eoncarrenoe with the C:TTY.
J. The CONSULTANT shall review and recommend action on proposed Grange 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 deflects and discrepancies in the
WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT
in conjunction with reptuentatives of the CITY and uddactoryr 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 egtlipt eM releases of lien and such other docttnents
and motes as may be required by applicable codeA laws, policy mVilatious and the
specifications, and deliver th d to the CTN.
L The CONSULTANT shall provide assistance in obtaining ChwmIct&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 startup and testing, adjusting and
balancing of equipment and systems, and, 3) final clean -up of the project.
2.2.6 Phase M --Post Consinwdon Admtnisaation
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 operstiional in a safe and effective manner.
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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 tan of the guaranteefwarranties for won. He
shall assist the CITY with the administration of guarartedwarrandes for correction of
defective WORK that may be discovered during the said period.
2.3 Additional Professional Services
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Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for
design and eonstzvction, 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 survey% site evaluations, or comparative studies of prospective sites.
D. Design services relative to ftrtt m facilities, systems and equipment, which are not intended to
be eonsttvcted as part of a specific Project
B. Services to investigate existing condidoos (excluding utilities) or facilities or to make
meamr ed drawings thereof, ' or to verify the accur" of drawings or other infomafm
fu wished by the CITY.
F. Professional detailed Bstimates of Construction Cost oonsisting 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
baron► and ftuni Mq professional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK, providing the cam is found-by the
CITY to be other than by fault of the CONSULTANT.
It Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Coact, providing the cause is found by tho CITY to be
other than by fault of the CONSULTANT.
L Making major revisions dinging 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).
J. The services of one or more full -time Project Representatives,
K Preparing to wave or serving as an expert witness m conilmdon with any arbitration
Ping or Legal Procuding in connection with a Project.
L Professional services required after approval by the CTIY ear the Contractor's Requisition far
Final Payment, except as otherwise required under Basic Servioes.
moos
Prue 9 of t6 -
M• Preparing sWPmting 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..
FM .
The services to be rendered by the CONSULTANT fce any WORK shall be commenced upon written Notice
to Proceed from the CITY subsequent to the execartiou of this Agreement and shall be completed within the
time based on reasonable determination, stated in the said Notice to Proceed.
A seasonable 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.
S ZMN 4 - BASIS OF CO ATION
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 five, the CTTY will issue a written
authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue
oral authorization to the CONSULTANT, with the undet=iftg that written confirmation will follow
immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified
under Section 2- Professional Services the MY will pay the direct costs.
The fees for Professional Services for each of the WORK shall be detarmined 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 QTY agrees to pay, and the CONSULTANT agrees to accept, for the
services rendeted pumusut to this Agreement, fees in acoosdenoe with the following
Construction Manager
Coristrizodon. Inspection
Senior Dmf sman/ TechnicalICADD Operator
Draflamen
Data Processing / Clerical
Hourly rates will include all wa^ benefits. overhead and profit.
Pmfud9ftm SWAM AV—=t
small Bngicea Services
DOMMbv 2004
Pogo 10 of 16
Hour Rate
$135
$105
$75
$100
$55
$60
$55
$40
==5-MMUNTANDEAREMPAYMEM
The CITY will maim monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar rawthr. 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 L
35% upon completion ad approval of phase ]L
55% upon submittal and approval of 50% complete drawings and outline specifications of phase
M
75% upon 100% completion and approval of Phases M 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 VL
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 perfbinaed to
date as certified by the CONSULTANT.
2. The request for payment shall include the following fidbrmation:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
a Percent of work completed.
d. Amount eared.
e. Amount previously billed
E Due this invoice.
g. Balance remaining
h. Summary of work done this billing period.
L Invoice aumba and date.
3. Upon request by this CITY the CONSULTANT shall provide the CITY with certified payroll
data for the WORK reflecting salaries and handy rates.
SF&37ON 6 - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the MY , s
shall decide' all questions, ddWues and disputes of whatever nature which may m iseunderor by reason of
this Agreeanent, the prosecution and firlfillment 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 u m=sonable. 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 eidrer party, in accordance with the
Industry Arbitration Rules of the American Arbitration Association.
• PtOWI 9 Serwim Apes neet
amend en bmering 5evioes
December 2001
PW 11 of 16
All reports and reproducible plans, and other'data developed by the CONSULTANT for the purpose of this
Agreement shall become the property of tha 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 MrS 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 Cn Y.
SOMON L-COM RANG. NF�AFN AND MFARirM
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 Uommissinners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conk once.
The CONSULTANT shall confer with the CITY at anytime during oonstnwfion of the improvement
coMmplated as tro int crpretation of plans, correction of el or and omissions and preparation of any necessary
Plan thereof to correct such eMM and omissions or clarify without added coinpensation.
SISIION 9 - NOTIMS
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
consider delivered when delivered by courier -or by mail to the CITY. Any notices, reports or . other
communications from the MY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSULTANT or his authorized representative.
SOON 10 - AUDIT RIGHTS
The CITY reserves the tight to audit the records of the CONSULTANT related to this Ag+eemeut at any time
during the execution of the WORK and for a period of one year after %W payment is made. Tbis. provision is
applicable only to assignments that are on a time and cost basis.
SECMN it — S MXXM G
The CONSULTANT shall not sublet., assign, or transfer any WORK under this Agreement without the prior
written consent of the MY.
SF.CZTON 12 - WARRANTY
The CONSULTANT warrants 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
PEJd or agreed to PaY any company or pion other than a bona fide employee working solely for the
CONSULTANT any fee, cornmission, percentage fee; gifts or any other considerations contingent upon or
resulting from the award or making of this coutrac L For breach or violation of this warranty, the CITY shall
have the right to annul this contract without liability.
• Aofadmd SWAM Agreement
(tartar Fig sWA=
December 2004
Pogo 12 of 16
39AM - MOMIIMM -N OF AGREEIVI�NT
Tt is expressly cnhderstood and agreed filet the C1TY may teammate this Agreement without penalty by
declining to issue Notice to Proceed art mzmg WORK, m which event the CTTY'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 - DURATION OF AMIi M
Ibis 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.
AL
This WMInu t may be renewed, at die sole discredon of the CITY, for a maximum of one two year teen at
the end of the initial period.
SECTION !6 - DEFAULT '
In the event either party fags 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 servicea. In the event pwW payment has been made for such
pro&monal services not completed, the CONSULTANT shall rodun such sums to the CITY within ten (lo)
days after notice that said sums arc due.- In the event of litigation by the other party to enforce die provisions
of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall
attorney's foes awarded against the QTY exceed 25% of the award for damages. The CITY does not waive
sovereign immunity f mm awards of piaejudgment interest.
SIKgC n 17 - INSURANCE AND IlVDEIVVINIFICATION
The CONSULTANT shall not commence, WORK on this Agreement until he has obtained all insurance
required by the CTTY. The CONSULTANT shall indemnify and save the CITY hannleas from any and all
claims, liability, losses and causes of actions arising solely out of a negligent anw, omission. or act of tale
CONSULTANT incident to the performance of the CONSULTANTS ' professional services under this
Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in mmection
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.
a PWAng 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 team of this Agreement the following insurance:
PMfeni ail services Asmm w
CKaas1 Eogb=fag swvim
Dwember 2004
Pop 13 of 16
A. Professional Liability Insurance in the wxmmt 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
B. Comprehensive general liability insurance with broad form endorsement, including
automobile liability, completed operations and products liability, contractual. liability.
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1.000,000 combined 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. Worlanads Compensation Insurance in compliance. with Chapter 440, Florida Statutes, as
partly 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 regdred policies for review. All policies shall contain a " severability of intaw or
"cuss liability" clause without obligation for premium payment of the CITY.
13— 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 iimaish 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 classificatiion as required for strict compliance with this Section and that no reduction in
limits by endorsement during the policy team, or cancellation of this insurance shall be effective without thirty
(30) days prior wntmn notice to the CITY.
Compliance with the foregoing reWirements shall not relieve the CONSULTANT of his liability and
obligations under-this Section or under any other portion of this Agreement.
EXC)LIJS
Northing in this Agreement shall prevent the MY from employing other CONSULTANTS to perform the
same or similar services.
•
PI k=1 SWAM AV=MWt
DWMbdr acne
Abel4dN
ZON 19 - CODES. OiLll11ANS AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CTTY, County,
State and Federal codes, ordinanoas 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(3xa).
20 -
This writing embodies the entire Agrement and understanding between the parties hereto, and there are no
other Agreements and understandipp. oral or writtM with refamice to the subject matter hereof that are'not
merged herein and gVerseded may.
No alteration, change, or modification of the terms of this Agnoe>i mt shall be valid unless made in wrifmg
and signed by both parties.hereto, upon appropriate action by the City Commissioners.
IN WrINESS WEIF. MF. his Agreement is accepted on the date f m above written subject to the terms and
conditions set forth herein.
Authority of Resolution No.m- oq- 111(ov
duly Passed and adopt by the City of South
Miami. City Connission o�.-Ws(
ATTEST:
STATE OF FLORIDA ).
CITY OF SOUTH MIAMI
h.q-4-211
Maria V vis, City Manager
CONSULTANT:
ss: Acknowledgement of City of South I rmli
COUNTYOFDADE )-
ijAMOrr eAa�t,�p
YrCe- p�trOMT
The foregoing instntmeat was aclmowledgod before me this ,L��� day ov� ,2004 by
MARIA V. DAVIS and MARIA MHIV MEZ City Manager and City CIer, vel of the CITY OF
SOUTH MIAMI, on behalf of Lire CITY, who are y
pasopally known m me.
• Pmftemd Saivim Ag =wd
G*Wd Evowedus sources
neoembw zroa
Page is or 16
Public, St F�oCida Cny P rCrX
Print name: ±- ,oW1 4 .C. v"r7,r iw
,�v � �IIM
Cornm issionNo o c . sa
STATE OF FLORIDA ) �,b �a
I ss: Acknowledgement of Consultant °jt no °0T z
COUNTY OF DADB )
M pn form,
eel t was w1cnowlleedged before me this day of 0 � . 2(m4 by
Q PF _ of ._ r�rT5 on behalf of the CONSULTANT. .
He is pauy known to me or has produced ac identification.
0M"d BDsk t sa-=
Page 16 of 16
UPf.State of Florida
Print nano: C%`r'ace m &-r--4c'5
Camnaission NO: U D L (. ?'T 4-7••
•
WcwmftwftoDmv42
�hp„�nB,EOd'f
AMENDMENT TO CONTINUING PROFESSIONAL SERVICES
AGREEMENT DATED DECEMBER 1, 2007
General Engineering Services
THIS FIRST AMENDMENT to the December 1, 2007 continuing professional services
agreement is made and entered into this 19 Nay of i�Qa • , 20.qj by and between the City of South
11iami, a political subdivision of the State of Florida, (City) and Corzo Castella Cmballo Thompson
Salmon, 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 suff 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
I. 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, 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 $ IMIlion,
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 agreememt 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„
& 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(3xa), 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 of4
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 paragtaph 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 tb 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 Cs rballo Thompson Salman, P.A.
ALMee) CASW&e 10ce—Q-e.C!4kv1-
q01 Pongee A—Leon
�3v;•J�goo
Cof- -1 GgWets , F-i-' 3SIN
First Amendment to Continuing Professional Services Agreement dated November 30, 2004
General Engineering Services
Page 3 of 4
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
Mami City Commission on December 18, 2007
ATTEST:
ty Clerk
Maria M. Menendez
ATTEST:
APPROVED AS TO FORM & CONTENT
City ey
CITY OF SOUTH NIIANII,
� r
ad, �L Mier, ..� '�I%
F.
CORZO CASTELLA CARBALLO
THOWSON SALMAN, P.A., .
Consultant
Print Name: iDAm,- J cA,7UtLA , die PQ &tom
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 THOWSON 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. 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 S1 million or for study
activity when the fee fdr 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 Felnusry 6, 2007.
CITY OF SOUTH AflAMlI
Signature: A4UW;hfi4W D ate•
By; — V KE S. Mck(Nty Title: CITY �ANACi C-F.
CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A.
Si
Date: ofA -jL&O
By: rllf"Onl "ST44-t Title: VI Cr- -lit"pq& 4r
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 'niir COO OF S0014- M l AM )
(Print incliuiduare name and title)
for &I-W C1t'5r'ULA— `&47-LD _ +MPsdZ :1 , PA .
(Print name of entity subminkV sworn etatemenQ '
whose business address is 321 fir V& D�- tM03 eLVP, SUM -4100 CAOft c. -oc.M r-L 331S�
and if applicable its Federal Employer identification Number (FEIN) is 65'03°i Itt 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 crfnW as defined in paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respell 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-oraf the Unifed-States and involving antibvst. fraud. theft; bribery. collusion, racketeering,
conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or ' convicdon' as defined in Paragraph 287.133(1)(b),
Statutes. means a finding of guilt or a conviction of a public entity crime, with' or without
adjudicadon of guilt. In an federal or state trial court of record relating to charges brought by
indictment or infonnadon after July 1, 1989, as a result of a jury verdict, non4ury-trial, or entry of
a plea of guilty or polo contendem.
4. 1 understand that an WNW as defined in paragraph 287,133(1)(a), Florida Stalutes means:
1. Apredecessor 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 bdW convicted of a public entity crime. The term 'afffilate' includes
those officers , directors, executives, partners, shareholders, employees, members, and
agents who are active In the management of an affiBate. 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 W 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, artd 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 sworn statement. (Please indicate which statement applies.)
_ Neither the entity submitting swum 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
subsegyeM to July 1, 1989.
The entity, submitting this sworn statement. or one or more of its ofiicets, 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 Mal 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
ENT17Y ONLY AND THAT THiS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDAR YEAR IN WHiCH IT IS FILED. 1 ALSO UNDERSTAND THAT 1 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.
(Signatures)
Sworn to and subscribed before me thisday of 2p.
Personally known - 'To m if
Or produced Identification. '—'^ Notary Publi"tate of PW P-,( '
(Type of tdentitcation) My
Expires Ady 18, 2011
ga�L,dlYulmFiiY03 - 9 N
(Printed, typed a
name of notary