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HomeMy WebLinkAboutR-95-0761i F f i i 2 J-95-866 s` 10/26/95 } RESOLUTION NO. 5 i A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE FIVE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE 1 ATTACHED FORM, BUT SUBJECT TO REVIEW AND I APPROVAL BY THE CITY ATTORNEY, BETWEEN THE i CITY OF MIAMI AND THE INDIVIDUAL FIRMS OF } BERMELLO AJAMIL & PARTNERS, INC., ANDRES DUANY & ELIZABETH PLATER-ZYBERIC, LAURA M. PEREZ & ASSOCIATES, INC., SEQUEIRA & GAVARETTE, P.A., AND THE ARCHITECTURAL DESIGN CONSORTIUM, INC., TO PROVIDE PROFESSIONAL GENERAL ARCHITECTURAL SERVICES, EACH FOR A ONE YEAR PERIOD IN CONJUNCTION WITH CITY OF MIAMI PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THREE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE I ATTACHED FORM, BETWEEN THE CITY OF MIAM-1 AND THE INDIVIDUAL FIRMS OF ALBERT A. PEREZ ASSOCIATES, CHARLES A. ALDEN, LANDSCAPE ARCHITECT, AND BERMELLO AJAMIL & PARTNERS, INC., TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES, EACH FOR A ONE YEAR PERIOD IN CONJUNCTION WITH CITY OF MIAMI PROJECTS; ALLOCATING FUNDS THEREFOR FROM THE i INDIVIDUAL PROJECT ACCOUNTS AS APPROPRIATED FOR SAID PROJECTS. I WHEREAS, the City of Miami has a substantial number of contractual obligations for construction projects and departmental projects which are scheduled for the immediate future; and WHEREAS, the diverse number of specialized projects initiated by other City departments require that the Public Works Department engage private firms to provide professional F;ED BY - A ATTACHMENT(S) .(CAN k AWED CITY COMMISSION MEETRiG OF i 0 C T 2 6 1995 Fiesclution No. �5" 761 architectural and landscape architectural services; and WHEREAS, it is necessary for the City to engage general architectural and landscape architectural firms to render professional and technical services; and WHEREAS, funds for said professional and technical services are to be allocated as project expenses from the individual project funds; and WHEREAS, the City Commission, pursuant to Resolution No. 95-320, adopted May 1, 1995, approved the selection of Bermello Ajamil and Partners, Inc., Andres Duany and Elizabeth Plater-Zyberk, Laura M. Perez and Associates, Inc., Sequeira & Gavarette, P.A., and The Architectural Design Consortium, Inc., to provide professional general architectural services, each for a one year period in conjunction with City of Miami projects; and WHEREAS, the City Commission, pursuant to Resolution No. 95-320, adopted May 1, 1995, authorized the City Manager to negotiate the herein attached agreements with said firms for the professional and technical services required for said projects and required that said negotiated agreements be presented for formal ratification and approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference -2- 95- 761 i thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedl/ to execute five professional service agreements, in substantially the attached form, but subject to review and approval by the City Attorney, between the City of Miami and the individual firms of Bermello Ajamil & Partners, Inc., Andres Duany & Elizabeth Plater-Zyberk, Laura M. Perez & Associates, Inc., Sequei.ra & Gavarette, P.A., and The Architectural Design Consortium, Inc., to provide professional. general architectural services, each for a one year period in conjunction with City of Miami projects, with funds therefor hereby allocated from the individual project accounts as appropriated for said projects. Section 3. The City Manager is hereby authorized!/ to execute three professional services agreements, in substantially the attached form, but subject to review and approval by the City Attorney, between the City of Miami and the individual firms of Albert A. Perez Associates, Charles A. Alden, Landscape Architect, and Bermello Ajamil & Partners, Inc., to provide professional landscape architectural services, each for a one year period in conjunction with City of Miami projects, with funds therefor hereby allocated from the individual project accounts as appropriated for said projects. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -3- 95_ 76-1 i S j (1( k Section 4. This Resolution shall become effective immediately upon its adoption. s PASSED AND ADOPTED this 26th day of October 1995. I i STEP N P. CLARKJ MAYOR ATTEST: Q2GL�2if/ WALTER J, F CITY CLERK SUBMITTED BY: -J� WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS PREPARED AND APPROVED BY: RAEKL 0. DIAZ DEPUTY CITY ATTO EY APPROVED AS TO FORM AND CORRECTNESS: A. QU J NE III CITY A TO�IV W356:csk: OD _4_ 95- 761 i PROFESSIONAL SERVICES AGREEMENT [Architectural Services] This Agreement entered into this day of , 1995, by and between the City of Miami, a Municipal Corporation of the State of Florida, (the "CITY"), and a (the "PRINCIPAL") . WITNESSETH WHEREAS, the CITY has scheduled a substantial number of Projects for calendar years 1995 and 1996 (the "Projects") that .require professional architectural services; and WHEREAS, the Commission of the City of Miami, by Resolution No. 95-320 adopted on May 1, 1995, approved the selection of five (5) Architecture firms to provide architectural services for the Projects during the planning, design and construction phases thereof and authorized the City Manager to negotiate the terms of and execute agreements with said firms for the provision of the Services; and WHEREAS, the PRINCIPAL is one of the firms selected to provide architectural services and the PRINCIPAL and the CITY wish to execute this Agreement to set forth the terms and conditions of the engagement. 55- NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the CITY and the PRINCIPAL agree as follows: TERMS 1. Recitals. The recitals and all statements contained therein.are hereby incorporated into and made a part of this Agreement. 2. Term. The term of this Agreement shall be one (1) year, commencing on the date hereof and ending one (1) year thereafter (the "Expiration Date"), subject, however, to the provisions of Section 9 hereof. 3. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the CITY may request, and PRINCIPAL shall provide, the Services, as defined in Section 4 below, for one or more Projects. No specific Project is designated tinder this Agreement. The Project and the specific details of the Services required to be performed by the PRINCIPAL shall be described in a Work Order to be issued by the CITY in accordance with Section 5.B hereof. 4. Definitions. PROJECT - means the proposed improvements (new or restoration) to a building, property, or other CITY facility as generally designated and programmed by the CITY or other related professional services requested by the CITY. WORK - means Services to be rendered or provided by the PRINCIPAL for the PROJECT. JAF:W0580RS.DOC 2 95- 761 SERVICES - means the Basic Services and/or the Additional Services, as described in Sections 6 and 7 hereof, to be performed by the PRINCIPAL, under this Agreement. CONSTRUCTION BUDGET - means the amount allocated for construction of the PROJECT and all increases authorized by the CITY. PROJECT MANAGER - means the Director of the Department of Public Works or his/her designee. 5. Services. A. General 1. At the CITY-s request, made in accordance with Sub -Section B below, PRINCIPAL shall perform the "Basic Services" and/or the "Additional Services," as described in Sections 6 and 7 below (the "Work"). The Services may include reviewing work performed by other professionals or consultants or for other miscellaneous landscape architectural, or engineering services that may be required in connection with a Project. The Work shall be performed with all applicable dispatch, in a sound, economical, efficient and professional manner and within the time and the manner required in the Work Order. 2. The PRINCIPAL shall perform the Work under the direction of, and in close coordination with, the Project Manager. The PRINCIPAL shall provide all professional and technical services comprising the Work JAF:W0580RS.DOC 3 95- 761 and shall be fully responsible for all the professional and technical aspects thereof. The CITY's review and approval of the Work will relate only to overall compliance with the general requirements of the Project and whenever the term "approval by the CITY" or like term is used in this Agreement, the phraseology shall in no way relieve the PRINCIPAL from any duties or responsibilities under the terms of this Agreement or from using the best architectural practices. 3. The PRINCIPAL shall, in the performance of the Work, comply with all Federal, State and Local codes, ordinance and regulations, pertaining to the Project, including, without limiting the generality of the foregoing, the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational Safety and Health Act, The National Environmental Policy Act and Equal Employment Opportunity Legislation. 4. In the performance of the Work, the PRINCIPAL agrees to: (a) Strive to complete the Work within the time allowed by maintaining an adequate staff of qualified employees on the Work at all times. (b) Be fully responsible for the professional and technical services required to be rendered in the performance of the Work. JAF:WO580RS.DOC 4 95- 761 (c) Cooperate fully with the CITY in order_ that all phases of the Work may be properly scheduled, coordinated, and executed. (d) Report the status of the Project to the Project Manager upon request or as required by this Agreement, and maintain all notes, calculations, and related work open to inspection by the CITY, at all times during the term hereof. (e) Prepare the plans, specifications and all other documents pertaining to the Project in compliance with all applicable federal, state and local laws, codes, ordinances and regulations. (f) Promptly deliver to the Project Manager copies of minutes of all relevant meetings relating to the Project at which PRINCIPAL is present. (g) Be available for general consultation and advice at all times during the term of the Project. 5. The CITY agrees to make available to the PRINCIPAL any plans and other data in CITY's possession pertaining to the Work to be performed for the Project. B. Requests For Services. 1. Except in emergency situations, all requests for Services shall be made by a written Request For Services ("RFS") issued by the Project Manager. In case of emergency, the CITY may issue a verbal RFS to JAF:W0580RS.DOC 5 9 761 be followed by a written RFS (or, after_ approval, by a Work Order) and a Notice to Proceed, as soon as practicable thereafter. The RFS shall describe the Project and each section of the Work to be performed by the PRINCIPAL and the time schedule in which the Work must be completed. 2. Upon receipt of the RFS, the PRINCIPAL shall make arrangements to meet with the Project Manager and a meeting shall be held within ten (10) days following receipt of the RFS, to discuss the Construction Budget, estimated amount of compensation, Project schedule and deadline, and the schedule and scope of the Work. All formats for the Work are to be as presently used by the City of Miami Public Works Department, unless otherwise directed by the Project Manager. This is to include but not be limited to plans, specifications and contract documents. 3. Subsequent to the meeting, the PRINCIPAL shall submit to the CITY a proposal at no cost to the CITY. If CITY and PRINCIPAL agree on the amount of compensation and the schedule and time for completion of the Work, then the Project Manager shall issue a Notice to Proceed. 4. The Services to be rendered by the PRINCIPAL for the Project shall commence within twenty-four (24) hours upon receipt of the Notice to Proceed and shall JAF:W0580RS.DOC 6 95- 761 be completed within the time agreed upon as shown in the Work Order. 5. PRINCIPAL understands and agrees that failure to comply with the foregoing provisions within the time required herein may result in the Project being awarded to another firm. 6. Basic Services - Basic Services consist of complete professional architectural services for any or all of the six (6) Phases described in Sections A through F below. To the extent that the provision of Services for a Project require any engineering or landscaping architectural services, including but not limited to civil, structural, mechanical, or electrical, the PRINCIPAL shall use the services of Engineers or Landscape Architects who have been designated as "Approved Subconsultants", as the term is defined in Section 20.A. hereof. The PRINCIPAL agrees to coordinate its effort with that of the Subconsultants involved in a Project to assure fully coordinated and complete Work. The Principal shall prepare the final bid package including bid documents and specifications to be prepared by the Subconsultants or to be provided by the CITY. A. Phase I - Programming and Schematic aesi : 1. The PRINCIPAL shall confer with the Project Manager and other designated representatives of the CITY, including the Department in charge of the Project, to determine the general requirements for the J" : W058ORS . DOC 7 v 5 - 761 -N completion of the Project all within the Construction Budget. 2. The PRINCIPAL shall use proper and adequate design control to assure the CITY that the Project will be constructed within the Construction Budget. 3. The PRINCIPAL shall prepare a Design Concept and Schematic Report for presentation to the CITY. This presentation shall include the proposed Project Schedule, a Planning Summary (if applicable), and Schematic Design Studies (as described below), and an estimate of probable Construction Costs. 4. The proposed Project Schedule shall include a time -table indicating the proposed completion date for each Phase of the Project through Design, Bidding and Construction, and the projected date of completion. 5. The Planning Summary (if applicable), shall consist of vicinity plan and a site plan indicating the Project orientation, and a brief summary of all pertinent planning criteria being considered or to be considered in the Project. 6. The Schematic Design Studies shall consist of all drawings (i.e. plans, elevations, sections, etc.) as may be required, to show the scale and relationship of the parts and the overall design concept. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. JAF:W058ORS.DOC 8 95-- 761 7. If necessary, the PRINCIPAL shall. present the Schematic Design Studies to the appropriate CITY Boards (such as Historic Preservation Board, Planning and Zoning Boards, etc.) for their approval of the proposed plans. 8. The estimate of probable Construction Cost shall include the estimated cost of the Project including governmental permit fees, new utilities, proposed CITY purchased equipment, contingencies (if any), and escalation factors adjusted to the estimated bid date, (if applicable). 9. The PRINCIPAL shall submit to the CITY two (2) copies of all documents required under this Phase, at no additional charge, for approval by the CITY. The PRINCIPAL shall not proceed with the next Phase until directed by the Project Manager. B. Phase II - Design Development: 1. From the approved Schematic Design documents, the PRINCIPAL shall prepare Design Development Documents, including the drawings, outline specifications and other documents to describe the size and character of the entire Project as to construction, finish materials, and other items incidental to the Project as may be appropriate and applicable. 2. The Design Development Documents shall include the updated Proposed Project Schedule, Outline Specifications, Updated Estimate of Probable JAF:W0580RS.D0C 9 95- 761 Construction Cost, and the Design Development Drawings, as required to clearly delineate the Project. If the probable Construction Costs exceed the Construction Budget then appropriate reductions in costs or Scope of Project shall be included for CITY's evaluation. 3. The PRINCIPAL shall submit to the CITY, two (2) sets of all documents required under this Phase, at no additional charge, for CITY's approval. The PRINCIPAL shall not proceed with the next phase until directed by the Project Manager. C. Phase III - Construction Documents: 1. From the approved Design Development Documents, the PRINCIPAL shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project. The Final Construction Documents shall include complete drawings and specifications, the Proposal (Bid) form, Special or Supplemental General Conditions, and other necessary information for bidders. PRINCIPAL shall use the City of Miami Public Works Department Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract, and other CITY required documents. In the preparation of the Construction Documents, the PRINCIPAL shall use Construction Specifications Institute (CSI) Standards, including the 16 Division and 3 part Section format JAF:W058ORS.DOC 10 9 5 d 761 developed and recommended by the C.S.I. for specifications. 2. 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" size first quality drawing paper or mylar using CITY's standard format, unless otherwise approved. 3. Whenever possible, the Construction Drawings shall be created by computer using AutoCad Version 12.0. Where AutoCad is used, the PRINCIPAL will also submit a copy of the drawings on 113 1/2 size Floppy Disks". When possible, the PRINCIPAL's specifications shall be produced on a word processor using Microsoft "Word" format. Another fonnat may be used only if approved by the CITY. 4. When the development of Construction Drawings has progressed to at least 50% completion in (the 1150% check"), the PRINCIPAL shall submit to the CITY, at no additional charge, two (2) copies thereof together with an updated set of specifications and an updated Estimate of Construction Costs. 5. The PRINCIPAL shall not proceed with the further development of the construction documents until it has received CITY's approval of the 50% Check Set. The PRINCIPAL shall make all changes required by the CITY. In the event the latest estimated Construction JAF:W058ORS.DOC 11 9 5- 761 Costs reveal that the cost of the Project will exceed the Construction Budget, then, at the Project Manager's request all Work shall be stopped until the PRINCIPAL and the CITY agree on methods of cost reductions sufficient to enable construction of the Project within the Construction Budget. 6. Upon completion of the Construction Documents, the PRINCIPAL shall submit 'to the CITY, at no additional charge, a final Estimate of Construction Costs along with two (2) sets of final construction drawings and specifications, for final review, and approval. 7. The PRINCIPAL shall make all the necessary presentations of the final plans to the appropriate CITY Boards for their approval. 8. At no additional charge to the CITY, the PRINCIPAL shall make all required changes or additions and resolve all questions resulting from the CITY's final review unless the required changes or additions constitute "Major Revisions" as defined in Section 7.J. below, in which case such services shall be deemed Additional Services and shall be subject to the provisions of Section 7. All. revised documents shall be submitted to the CITY for approval. After final approval by the CITY, the PRINCIPAL, shall furnish, at no additional charge, a master set of reproducible drawings and specifications and provide two (2) sets of JAF : W058ORS . DOC 12 9 5 - 761 prints of the final drawings and specifications to the CITY. If additional sets of prints are authorized for bidding purposes, the CITY shall reimburse the PRINCIPAL for the cost of printing additional drawings and specifications. 9. The PRINCIPAL shall conduct "dry runs" of the final construction plans to the Building Department and other appropriate governmental authorities, as necessary to ascertain that the construction documents meet all the requirements for construction permits. The PRINCIPAL shall make all necessary corrections, modifications, and additions to the construction documents (plans, specifications, etc.) necessary for permitting. The PRINCIPAL shall assist the CITY in filing the necessary documents and obtaining the approval for utilities (such as water, sewer, electric, telephone, gas, etc.) as well as the approval from all other applicable governmental authorities (such as environmental, health, building, zoning, etc.). D. Phase IV - Bidding and Negotiation Phase: 1. The Bidding and Negotiation phase shall be conducted in accordance with the CITY's established or approved process. The PRINCIPAL shall assist the CITY in obtaining and awarding bids and preparing construction contracts. After receipt of bids, the PRINCIPAL shall evaluate the bids and assist the CITY in making a recommendation to the City Commission. JAF:W058ORS.DOC 13 95- 761 2. During the advertisement and bidding period the PRINCIPAL shall prepare any necessary Addenda, with accompanying drawings or other materials, as may be required. An original copy of each Addendum shall be submitted to the Project Manager for approval and a copy of the same shall be furnished to each of the Bidders that have picked up a set of Contract Documents for purposes of bidding. 3. The PRINCIPAL shall attend pre -bid conferences when they are deemed necessary by the CITY. 4. During the bidding period, the PRINCIPAL shall interpret Construction Documents in writing, and prepare any supplementary drawings or specifications necessary for the clarification of the documents. The PRINCIPAL shall also assist the CITY in preparing responses to inquiries from prospective bidders. 5. If the lowest responsible bid received exceeds the Construction Budget the CITY may: (i) approve the increase and award the construction contract to such bidder, or (ii) reject all bids and rebid the Project within a reasonable time with no change in the Project Bid Documents, or (iii) direct the PRINCIPAL to revise the Scope and/or quality of the Project. In such event the PRINCIPAL shall modify the Construction Documents as necessary to bring the Estimated JAF:W058ORS.DOC 14 95` 761 Construction Cost within the Construction Budget. Such modifications shall be at no additional charge to the CITY unless the excess in Construction Costs is due to unforeseen circumstances such as force majeur or undue delay on the part of the CITY in bidding the Project, or (iv) suspend or abandon the Project. E. Phase V - Administration of the Construction Contract: 1. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final payment is approved by the CITY. 2. Unless otherwise provided, the CITY's Public Works Department will administer the Construction Contract and will assign an inspector to the Project. The PRINCIPAL shall advise and consult with the Project Manager or the City Inspector when appropriate. The PRINCIPAL shall have only limited authority to act on behalf of the CITY and only to the extent provided in the General Conditions or in the Supplementary Conditions of the Construction Contract. CITY shall have final approval of all changes in the Construction Work and Costs. 3. The PRINCIPAL shall attend pre -construction meetings and job meetings where its presence is required to resolve problems or disputes with the construction runs. JAF:W058ORS.DOC 15 9 5 0 761 4. The PRINCIPAL shall at all times have access to the Project during the construction phase, so it may adequately perforin as intended under this Agreement.. 5. The PRINCIPAL shall visit the construction site at least weekly and during all key construction events to evaluate the progress of the Project and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. The PRINCIPAL will. not be required to provide continuous daily on - site inspections to check the quality or quantity of the work unless otherwise authorized or directed in writing. 6. The PRINCIPAL shall have no responsibility to supervise and control those actions of any parties not l directly employed or retained by the PRINCIPAL. On the basis of the on -site observations, the PRINCIPAL will advise the CITY as to the progress of the work and any observed defects and deficiencies. 7. The PRINCIPAL shall furnish to the CITY a written report describing its observations of the work, during each visit to the site, and the general status and progress of same. All reports shall be submitted in a timely manner. The PRINCIPAL shall ascertain, at least monthly, that the Contractor is making timely, accurate, and complete notations on record drawings. 8. Based on observations at the site and on its review of the Contractor's Payment Certificate, the JAF : W0580RS . DOC 16 9 5 " 761 PRINCIPAL shall assist the CITY in determining the amount due the Contractor and shall recommend approval or rejection of the Certificate of Payment and the amounts of each. The PRINCIPAL's recommendation for approval of a Payment Certificate shall constitute the PRINCIPAL's representation and certification to the CITY that the work has progressed to the point indicated, and that it has been performed in accordance with the Contract Documents subject to: (i) an evaluation of the work for conformance with the contract documents upon substantial completion. (ii) the results of any subsequent tests required by the Contract Documents, and (iii) minor deviations from the Contract Documents correctable prior to completion and acceptance of the Project. 9. The PRINCIPAL shall have an affirmative duty to recommend rejection of work which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the PRINCIPAL considers it necessary or advisable to insure compliance with the Contract Documents, the PRINCIPAL will have authority, after approval from the Project Manager, to recommend. special inspections or testing of any work deemed not to be in accordance with the Contract Documents whether or not JM : W058ORS . DOC 17 9 5 - 761 such work has been fabricated and delivered to the Project, or installed and completed. 10. The PRINCIPAL 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 by the Project Manager. 11. The PRINCIPAL shall provide the CITY with copy of all shop drawings, duly reviewed by the PRINCIPAL, for the CITY's permanent records. 12. The PRINCIPAL shall review all test reports required by the Contract Documents and notify the CITY of any noncompliance with the Contract Documents. 13. The PRINCIPAL shall witness all tests that it is required to witness by Code or by the Contract Documents and shall provide to the CITY written reports of all such tests. 14. The PRINCIPAL shall receive all samples required to be furnished by the contractor and shall record the date of receipt and its source, examine said samples, notify the CITY of the approval or rejection of said samples, and maintain custody of approved samples. 15. As part of the Project Scope, the PRINCIPAL shall, if necessary, assist the CITY in the preparation J'AF:W058ORS .DOC 18 9 5 - 761 of bids for the purchases of equipment, fixtures, and furnishings for the Project. Upon receipt of these bids, the PRINCIPAL shall assist the CITY in its evaluation and make recommendations related to the procurement and the installation of said equipment, fixtures, and furnishings. 16. The PRINCIPAL shall review and recommend action on proposed Change Orders within the scope of the Project. This includes Change Orders initiated by others or any proposed Change Orders recommended by the PRINCIPAL based on his observations. 17. The PRINCIPAL shall examine the work upon receipt of the Contractor's Certificate of Substantial Completion for the Project and shall prepare a punch list of any defects and discrepancies in conjunction with the Project Manager. After the punch list items have been satisfactorily completed and approved by the PRINCIPAL, the PRINCIPAL shall recommend execution of Certificate of Final Acceptance and Final Payment to the contractor.. PRINCIPAL shall also obtain from the contractor all warranties, guarantees, operation and maintenance manuals, releases of lien, extra materials required by the contract, and certificates as may be required by the specifications or applicable laws, and deliver them to the CITY. 18. The PRINCIPAL shall provide assistance in obtaining contractors compliance with the Contract JAF:W058ORS.DOC 19 9 5- 761 Documents relative to, a) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, b) initial start-up and testing, adjusting and balancing of any equipment or systems, and c) final clean-up of the Project. F. Phase VI - Post Construction Administration: 1. The PRINCIPAL shall furnish to the CITY reproducible "as -built" record drawings based on information furnished by the contractor. These drawings shall become the property of the CITY. 2. The PRINCIPAL shall assist the CITY in the inspection of the work one month before the expiration of any guarantee period and shall report to the CITY any defective work in the Project which is under guarantee/warranty. The PRINCIPAL shall also assist the CITY with the administration of guarantee/ warranties for correction of any defective work that may be discovered during the guarantee/warranty period. 7. Additional Services Additional Services, as listed below, are normally considered to be beyond the scope of the Basic Services as defined in this Agreement unless they are specifically incorporated into the Scope of Work. 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. JAF:W058ORS.DOC 20 " 5~ 761 C. Planning, surveys, site evaluations, or comparative studies of prospective sites. D. Laboratory testing and professional surveying services provided through the PRINCIPAL for the Project as approved by the CITY. E. Services to make measured drawings of existing facilities or to verify the accuracy of drawings or other information furnished by the CITY. F. Services of specific inspectors required by the South Florida Building Code such as "Threshold Building Special Inspector" or special inspector required by the Building Official. G. The services of one or more full-time Project Representatives. H. Consultation and professional services concerning replacement of any work damaged by fire or other cause during construction, provided that the cause of such damage is found by the CITY not to be attributable to the Principal. I. Professional services made necessary by the default of a contractor or by major defects in the work provided that the cause of same is found by the CITY not to be attributable to the PRINCIPAL. J. Major revisions initiated by the CITY which change the scope of the Project, such as changes in the scope and arrangement of spaces and/or scheme or any portion of the Project, and including, specifically, revisions JAF:W0580RS.DOC 21 " 5" 761 which are inconsistent with written approvals or instruction previously given by the CITY which are due to causes beyond the control of the PRINCIPAL. K. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after the CITY has approved the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. 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 PRINCIPAL. N. Space planning, interior design., and use of special consultants such as lighting and acoustics, and scheduling consultants that are beyond the Basic Services in this Agreement. O. The PRINCIPAL may also be required to provide consulting services to the CITY on various matters which do not result in drawings or specifications. 8. Project Completion Time. The Work shall be performed within the time allocated to each phase thereof and shall be completed within the time agreed upon. A reasonable extension of the Work time will be granted in the event of a JAF:W0580RS.DOC 22 9 5 761 delay caused by the CITY's failure to fulfill its part of the Agreement as herein required or by other reasons, such as weather, beyond the control of the PRINCIPAL. 9. Extension of Expiration Date. In the event the PRINCIPAL is engaged in any Project(s) on the Expiration Date, then this Agreement shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the Expiration Date. 10. City's Services and Responsibilities. The CITY shall make available to the PRINCIPAL for its inspection, all plats, maps, surveys, aerials, records and other information regarding the Project that the CITY has as its disposal. 11. Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to Exceed Fee", as described hereunder, based on the nature and scope of the Work. The method of compensation shall be agreed upon prior to issuance of the Work Order. Notwithstanding anything herein to the contrary, the CITY and the PRINCIPAL agree that the total compensation permitted under this Agreement shall not exceed the sum of $250,000. A. FIXED FEE: The fee for a task or a scope of work based on a fixed fee shall be mutually agreed upon by the CITY and the PRINCIPAL. B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on either (a) Hourly Rate Fee or (b) Multiple of Direct Salary Expense. JAF:W0580RS.DOC 23 95- 761 (i) HOURLY RATE FEE: A fee based on hourly rates shall be computed based on the hours worked by individuals in the following categories. The Hourly Rate for each category, as shown below, includes all wages, taxes, insurance, benefits, overhead and profit: Category Hourly Rates Principal. $ Associates $ Project Manager $ Design Architect or Landscape Architect $ Senior Draftsman $ Junior Draftsman $ CARD Operator $ Clerical $ (ii) MULTIPLE OF DIRECT SALARY EXPENSE: A fee based on Multiple of Direct Salary Expense shall be computed by multiplying, by a multiple of 2.5 up to 2.85, the direct salary rate for each person performing the services, as determined from salaries reported to the Internal Revenue Service, provided, however, that in no event shall the Multiple of Direct Salary Expense exceed the sum of one hundred and twenty-five dollars ($125.00) per hour for any of PRINCIPAL's principals or employees. For the purpose of this Agreement the following are to be considered as "PRINCIPALS": JAF:W0580RS.D0C 24 95- 761 C. REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to Compensation and include the actual expenditures made by the PRINCIPAL in the performance of the work for the following expenses: 1) Fees paid for securing approval of authorities having jurisdiction over the Project. 2) Expense of reproductions, postage or expressage of Drawings, Specifications and other documents, excluding reproductions for use by the PRINCIPAL's subconsultants or as required as part of Basic Services under Section 6 hereof. 3) Expense of photographic production techniques when used in connection with Additional Services. 4) Expense of overtime work requiring higher than regular rates, only if authorized is advance by the Project Manager. 5) Expense of renderings and models requested by the CITY. 6) Expense of tests described in Section 7.F. hereof. 7) Expense for out of town travel and lodging, subject to limitations imposed by law, provided that PRINCIPAL shall have obtained the CITY's prior written approval. 12. Payments of Compensation. Compensation shall be paid monthly in accordance with invoices detailing the fees and expenses, for Work performed during the immediately JAF:W0580RS.DOC 25 95- 761 preceding calendar month. Payment shall be made within thirty (30) days following Project Manager's receipt of the invoices, in triplicate. The invoices shall include the following information: A. Total contract amount. B. Percent of Work complete to date. C. Total amount paid to date. D. Amount previously billed. E. Amount of invoice. F. Summary of Work done during the billing period. G. Invoice number and date. Upon request by the CITY, the PRINCIPAL shall provide to the CITY certified payroll data for the Work reflecting the direct salaries, benefits, taxes, insurance and hours of work performed for all or part of the billing period. Notwithstanding anything to the contrary, PRINCIPAL understands and agrees that payments during any billing period shall not exceed, in the aggregate, the percentage of the total compensation for a Project based on the following percentage for each phase: Phase I 15% upon completion and approval of Phase I. Phase II 35% upon completion and approval of Phase II. Phase III 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100% completion and approval of Phase III documents. Phase IV 90% upon completion of the Construction Documents and approval of all Work through Phase IV. Phase V 100% upon final completion of construction in Phase V and J":W058ORS.DOC 26 D 4'- 761 approval of Work elements under Phase VI. 13. Schedule of Work. The CITY shall have the sole right to determine which Project shall be assigned to the PRINCIPAL and the schedule of Work and time for performance. 14. Extra Work Ex'oenses. If the PRINCIPAL has incurred extra work or expense due to changes ordered by CITY after any portion of the Work is approved by the CITY, then the payment for such extra work shall be the subject of a Change Order, and shall be approved by the CITY if, in the CITY's reasonable opinion, such Change Order is warranted. 15. Approval by CITY. Whenever the CITY is required to approve, give its comments to, or reject any document or drawing submitted to it by PRINCIPAL, the CITY agrees to do so within twenty (20) days following its receipt of such document or drawing. Such approval, revisions or recommendations by the CITY shall not relieve the PRINCIPAL of its responsibility for the Work. The PRINCIPAL shall correct any errors noted in the specifications or drawings at no additional cost to the CITY. 16. Conflict of Interest. A. PRINCIPAL covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with CITY. PRINCIPAL further covenants that, in the performance of this Agreement, no person having such conflicting interests shall JAF:W0580RS.DOC 27 95- 761 be employed. Any such interests on the part of PRINCIPAL or its employees, must be disclosed in writing to CITY. B. PRINCIPAL is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 17. Ownership of Documents. All reports, tracings, drawings, plans, specifications, survey information maps, computer media, and other data developed by the PRINCIPAL for the purpose of this Agreement shall become the property of the CITY without restriction or limitation upon use and shall be made available by the PRINCIPAL at any time upon request of the CITY. When any work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be delivered to the Project Manager. 18. Termination and Suspension of Agreement. A. The CITY retains the right to terminate this Agreement at any time prior to the completion of the Work without penalty to the CITY. In such event, the CITY shall give written notice of termination to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered up to the date of the notice, provided, however, that the PRINCIPAL is not in default under the terms of this Agreement. B. In the event of termination, all documents, plans, and other documents developed by PRINCIPAL under this JAF:W0580RS.DOC 28 95- 761 Agreement shall become the property of the CITY, with the same provisions of use as set forth in Section 14 hereof. C. It is further understood by and between the parties that any information, contract documents, plans, drawings, or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PRINCIPAL for any other purposes whatsoever without the written consent of the CITY. 19. Award of Agreement. The PRINCIPAL warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. The PRINCIPAL also warrants that to the best of its knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement or the Work. 20. Subconsultants. A. Selection of the PRINCIPAL by the Competitive Selection Committee was based, in part, on the qualifications and expertise of the subconsultants listed in response to the "Request for Qualifications" (RFQ) if subconsultants were listed (the "Approved Subconsultants"). The PRINCIPAL shall employ Approved Subconsultants where JAF:W0580RS.DOC 29 95-- 761 their specialties are required to perform the Work for an assigned Project. B. The PRINCIPAL may choose additional subconsultants provided it first obtains the prior written approval of the CITY. The PRINCIPAL may not exclude Approved Subconsultants from a Project without the CITY's prior written consent. The reasons for hiring additional subconsultants or for the replacement of the Approved Subconsultants shall be detailed in the PRINCIPAL's written request for CITY's consent. C. The PRINCIPAL shall be responsible for all the work of its organization, employees and its subconsultants. Nothing contained in this Agreement shall create any contractual relationship between any of the subconsultants working for the PRINCIPAL and the CITY. The PRINCIPAL agrees and understands that it is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the Work. 21. Entire Agreement. This Agreement represents the entire and integrated agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument executed by CITY and PRINCIPAL. 22. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. J":W0580RS.DOC 30 95- 761 23. Right to Audit. The CITY reserves the right to audit records of the PRINCIPAL pertaining to this Agreement anytime during the term hereof, and for a period of three (3) years after final payment is made under this Agreement. 24. Insurance. PRINCIPAL shall maintain during the terms of this Agreement the following insurance: A. Comprehensive General Liability Insurance in amounts not less than $500,000.00 Combined Single Unit for bodily injury and property damage liability and said insurance shall include contractual liability coverage. The City of Miami shall be named as primary Additional Insured. B. Professional Liability Insurance in a minimum amount of $500,000.00 covering all liability arising out of the terms of this Agreement. C. Workers' Compensation Insurance in the statutory amounts. D. Automobile Liability Insurance covering all owned, non -owned, and hired vehicles used by PRINCIPAL in connection with work arising out of this Agreement. Coverage shall be written with at least statutory amounts for Bodily Injury and Property Damage. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and which are approved according to specifications of the Risk Management Division of the City of Miami. All policies required hereunder shall name the CITY as "Additional Insured". JAF:W0580RS.DOC 31 95- 761 The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of any Work, which shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without the thirty (30) days written notice of the CITY. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its liability and obligations under this Section or under any portion of this Agreement. 25. Right of Decisions. All services shall be performed by the PRINCIPAL to the satisfaction of the Project Manager 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 hereunder, and the character, quality, amount, and value thereof, and the Project Manager's decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. In the event that the PRINCIPAL does not concur in the judgment of the Project Manager as to any decision made by him, the PRINCIPAL shall present his written objections to the Director of Public Works and submit to the City Commission for determination. 26. Non -Discrimination. The PRINCIPAL shall not discriminate against any employee or applicant for JAF:WO580RS.DOC 32 95- 761 employment because of race, color, religion, sex, age, national origin, handicap or marital status. The PRINCIPAL shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or, other forms of compensation; and selection for training, including apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity Clause. 27. Construction of Agreement. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. 28. Independent Contractor. The PRINCIPAL and its employees and agents and any subconsultants and its employees and agents, shall be deemed to be Independent Contractors and not agents or employees of the CITY; and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any right generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. JAF:W058ORS.DOC 33 9 5" 761 29. Non-Delegability. It is understood and agreed that the obligations undertaken by the PRINCIPAL pursuant to this Agreement shall not be delegated or assigned. to any other person or firm without the CITY's prior written consent, which may be withheld at CITY's sole discretion. 30. Default Provision. In the event that PRINCIPAL shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, in addition to all other remedies available by law, at its sole option, upon written notice to PRINCIPAL may cancel and terminate this Agreement, and all payments, advances or other compensation paid to PRINCIPAL by CITY while PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to CITY. 31. Contingency Clause. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 32. Minority Procurement Compliance. The PRINCIPAL acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. LTAF:W058ORS.DOC 34 95- 761 33. Indemnification. The PRINCIPAL covenants and agrees that it will indemnify and hold harmless the CITY, its officers, agents and employees from any and all claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions of the PRINCIPAL or any of its officers, agents, employees or subconsultants, whether direct or indirect, provided, however, that PRINCIPAL shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the sole negligence of the CITY or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any particular insurance coverage in this Agreement. 34. Notice. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI: PRINCIPAL: Public Works Department Attn: Waldemar E. Lee 275 N.W. 2nd Street Miami, Florida 33128 (305) 579-6865 JAF:W058ORS.DOC 35 95- 761 35. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 36. Miscellaneous Provisions. A. 'Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. JAF:W058ORS.DOC 36 95- 761 (PRINCIPAL) ATTEST: By: Corporate Secretary Title: CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida By: -- - - WALTER FOEMAN CESAR H. ODIO City Clerk City Manager APPROVED AS TO CONTENT: Department of Public Works APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: A. QUINN JONES, III FRANK K. ROLLASON City Attorney Deputy Chief Chief of Risk Management ORS/et JAF:W0580RS.DOC 37 95-- 761 r W PROFESSIONAL SERVICES AGREEMENT [Landscape Architectural Services] This Agreement entered into this day of , 1995, by and between the City of Miami, a Municipal Corporation of the State of Florida, (the "CITY"), and a (the "PRINCIPAL11) . WITNESSETH WHEREAS, the CITY has scheduled a substantial number of Projects for calendar years 1995 and 1995 (the "Projects") that require professional architectural services; and WHEREAS, the Commission of the City of Miami, by Resolution No. 95-320 adopted on May 1, 1995, approved the selection of three (3) Landscape Architecture firms to provide landscape architectural services for the Projects during the planning, design and construction phases thereof and authorized the City Manager to negotiate the terms of and execute agreements with said firms for the provision of the Services; and WHEREAS, the PRINCIPAL is one of the firms selected to provide .landscape architectural services and the PRINCIPAL and the CITY wish to execute this Agreement to set forth the terms and conditions of the engagement. 95- 761 `w\ NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the CITY and the PRINCIPAL agree as follows: 'PERMS 1. Recitals. The recitals and all statements contained therein are hereby incorporated into and made a part of this Agreement. 2. Term. The term of this Agreement shall be one (1) year, commencing on the date hereof and ending one (1) year thereafter (the "Expiration Date"), subject, however, to the provisions of Section 9 hereof. 3. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the CITY may request, and PRINCIPAL shall provide, the Services, as defined in Section 4 below, for one or more Projects. No specific Project is designated under this Agreement. The Project and the specific details of the Services required to be performed by the PRINCIPAL shall be described in a Work Order to be issued by the CITY in accordance with Section 5.B hereof. 4. Definitions. PROJECT - means the proposed improvements (new or restoration) to a building, property, or other CITY facility as generally designated and programmed by the CITY or other related professional services requested by the CITY. WORK - means Services to be rendered or provided by the PRINCIPAL for the PROJECT. JAF:W0610RS.DOC 2 95- 761 SERVICES - means the Basic Services and/or the Additional Services, as described in Sections 6 and 7 hereof, to be performed by the PRINCIPAL under this Agreement. CONSTRUCTION BUDGET - means the amount allocated for construction of the PROJECT and all increases authorized by the CITY. PROJECT MANAGER - means the Director of the Department of Public Works or his/her designee. 5..m Services. A. General 1. At the CITY's request, made in accordance with Sub -Section B below, PRINCIPAL shall perform the "Basic Services" and/or the "Additional Services,' as described in Sections 6 and 7 below (the "Work"). The Services may include reviewing work performed by other professionals or consultants or for other miscellaneous architectural, or engineering services that may be required in connection with a Project. The Work shall be performed with all applicable dispatch, in a sound, economical, efficient and professional manner and within the time and the manner required in the Work Order. 2. The PRINCIPAL shall perform the Work under the direction of, and in close coordination with, the Project Manager. The PRINCIPAL shall provide all professional and technical services comprising the Work JAF:W0610RS.DOC 3 95- 761 and shall be fully responsible for all the professional and technical aspects thereof. The CITY's review and approval of the Work will. relate only to overall compliance with the general requirements of the Project and whenever the term "approval by the CITY" or like term is used in this Agreement, the phraseology shall in no way relieve the PRINCIPAL from any duties or responsibilities under the terms of this Agreement or from using the best architectural practices. 3. The PRINCIPAL shall, in the performance of the Work, comply with all Federal, State and Local codes, ordinance and regulations, pertaining to the Project, including, without limiting the generality of the foregoing, the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational Safety and Health Act, The National Environmental Policy Act and Equal Employment Opportunity Legislation. 4. In the performance of the Work, the PRINCIPAL agrees to: (a) Strive to complete the Work within the time allowed by maintaining an adequate staff of qualified employees on the Work at all times. (b) Be fully responsible for the professional and technical services required to be rendered in the performance of the Work. 95- 761 (c) Cooperate fully with the CITY in order that all phases of the Work may be properly scheduled, coordinated, and executed. (d) Report the status of the Project to the Project Manager upon request or as required by this Agreement, and maintain all notes, calculations, and related work open to inspection by the CITY, at all times during the term hereof. (e) Prepare the plans, specifications and all other documents pertaining to the Project in compliance with all applicable federal, state and local laws, codes, ordinances and regulations. (f) Promptly deliver to the Project Manager copies of minutes of all relevant meetings relating to the Project at which PRINCIPAL is present. (g) Be available for general consultation and advice at all times during the term of the Project. 5. The CITY agrees to make available to the PRINCIPAL any plans and other data in CITY's possession pertaining to the Work to be performed for the Project. B. Requests For Services. 1. Except in emergency situations, all requests for Services shall be made by a written Request For Services (11RFS11) issued by the Project Manager. In case of emergency, the CITY may issue a verbal RFS to JA,F:W0610RS.DOC 5 95-- 761 be followed by a written RFS (or, after approval, by a Work Order) and a Notice to Proceed, as soon as practicable thereafter. The RFS shall describe the Project and each section of the Work to be performed by the PRINCIPAL and the time schedule in which the Work must be completed. 2. Upon receipt of the RFS, the PRINCIPAL shall make arrangements to meet with the Project Manager and a meeting shall be held within ten (10) days following receipt of the RFS, to discuss the Construction Budget, estimated amount of compensation, Project schedule and deadline, and the schedule and scope of the Work. All formats for the Work are to be as presently used by the City of Miami Public Works Department, unless otherwise directed by the Project Manager. This is to include but not be limited to plans, specifications and contract documents. 3. Subsequent to the meeting, the PRINCIPAL shall submit to the CITY a proposal at no cost to the CITY. If CITY and PRINCIPAL agree on the amount of compensation and the schedule and time for completion of the Work, then the Project Manager, shall issue a Notice to Proceed. 4. The Services to be rendered by the PRINCIPAL for the Project shall commence within twenty-four (24) hours upon receipt of the Notice to Proceed and shall JAF:W0610RS.DOC A 95- 761 be completed within the time agreed upon as shown in the Work Order. 5. PRINCIPAL understands and agrees that failure to comply with the foregoing provisions within the time required herein may result in the Project being awarded to another firm. 6. Basic Services - Basic Services consist of complete professional landscape architectural services for any or all of the six (6) Phases described in Sections A through F below. To the extent that the provision of Services for a Project require any engineering or other architectural services, including but not limited to civil, structural, mechanical, or electrical, the PRINCIPAL shall use the services of Engineers or Architects who have been designated as "Approved Subconsultants", as the term is defined in Section 20.A. hereof. The PRINCIPAL agrees to coordinate its effort with that of the Subconsultants involved in a Project to assure fully coordinated and complete Work. The Principal shall prepare the final bid package including bid documents and specifications to be prepared by the Subconsultants or to be provided by the CITY. A. Phase I - Prograuming and Schematic Design: 1. The PRINCIPAL shall confer with the Project Manager and other designated representatives of the CITY, including the Department in charge of the Project, to determine the general requirements for the JAF:W0610RS.DOC 7 9 5- 761 64 completion of the Project all within the Construction Budget. 2. The PRINCIPAL shall use proper and adequate design control to assure the CITY that the Project will be constructed within the Construction Budget. 3. The PRINCIPAL shall prepare a Design Concept and Schematic Report for presentation to the CITY. This presentation shall include the proposed Project Schedule, a Planning Summary (if applicable), and Schematic Design Studies (as described, below), and an estimate of probable Construction Costs. 4. The proposed Project Schedule shall include a time -table indicating the proposed completion date for each Phase of the Project through Design, Bidding and Construction, and the projected date of completion. S. The Planning Summary (if applicable), shall consist of vicinity plan and a site plan indicating the Project orientation, and a brief summary of all pertinent planning criteria being considered or to be considered in the Project. 6. The Schematic Design Studies shall consist of all drawings (i.e. plans, elevations, sections, etc.) as may be required, to show the scale and relationship of the parts and the overall design concept. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. J" :W0610RS.DOC 8 95- 761 { i i i 7. If necessary, the PRINCIPAL shall present the Schematic Design Studies to the appropriate CITY Boards (such as Historic Preservation Board, Planning and Zoning Boards, etc.) for their approval of the proposed plans. f S. The estimate of probable Construction Cost shall include the estimated cost of the Project including governmental permit fees, new utilities, proposed CITY purchased equipment, contingencies (if any), and escalation factors adjusted to the estimated bid date, (if applicable) . 9. The PRINCIPAL shall submit to the CITY two (2) copies of all documents required under this Phase, at no additional charge, for approval by the CITY. The PRINCIPAL shall not proceed with the next Phase until r f directed by the Project Manager. B. Phase II - Design Development: 1. From the approved Schematic Design documents, the PRINCIPAL shall prepare Design Development Documents, including the drawings, outline specifications and other documents to describe the size and character of the entire Project as to construction, finish materials, and other items incidental to the Project as may be appropriate and applicable. 2. The Design Development Documents shall include the updated Proposed Project Schedule, Outline Specifications, Updated Estimate of Probable JAF:W0610RS.DOC 9 95- 761 Construction Cost, and the Design Development Drawings, as required to clearly delineate the Project:. If the probable Construction Costs exceed the Construction Budget then appropriate reductions in, costs or Scope of Project shall be included for CITY's evaluation. 3. The PRINCIPAL shall submit to the CITY, two (2) sets of all documents required under this Phase, at no additional charge, for CITY's approval. The PRINCIPAL shall not proceed with the next phase until directed by the Project Manager. C. Phase III - Construction Documents: 1. From the approved Design Development Documents, the PRINCIPAL shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project. The Final Construction Documents shall include complete drawings and specifications, the Proposal (Bid) form, Special or Supplemental General Conditions, and other necessary information for bidders. PRINCIPAL shall use the City of Miami Public Works Department Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract, and other CITY required documents. In the preparation of the Construction Documents, the PRINCIPAL shall use Construction Specifications Institute (CSI) Standards, including the 16 Division and 3 part Section format JAF:W0610RS.DOC 10 95- 761 developed and recommended by the C.S.I. for specifications. 2. 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" size first quality drawing paper or mylar using CITY's standard format, unless otherwise approved. 3. Whenever possible, the Construction Drawings shall be created by computer using AutoCad Version 12.0. Where AutoCad is used, the PRINCIPAL will also submit a copy of the drawings on 113 1/2 size Floppy Disks". When possible, the PRINCIPAL's specifications shall be produced on a word processor using Microsoft "Word" format. Another format may be used only if approved by the CITY. 4. When the development of Construction Drawings has progressed to at least 50% completion in (the 1150% check"), the PRINCIPAL shall submit to the CITY, at no additional charge, two (2) copies thereof together with an updated set of specifications and an updated Estimate of Construction Costs. 5. The PRINCIPAL shall not proceed with the further development of the construction documents until it has received CITY's approval of the 50% Check Set. The PRINCIPAL shall make all changes required by the CITY. In the event the latest estimated Construction JAF : W0 610RS . DOC 11 n C ` 761 61 Costs reveal that the cost of the Project will exceed the Construction Budget, then, at the Project Manager's request all Work shall be stopped until the PRINCIPAL and the CITY agree on methods of cost reductions sufficient to enable construction of the Project within the Construction Budget. 6. Upon completion of the Construction Documents, the PRINCIPAL shall submit to the CITY, at no additional charge, a final Estimate of Construction Costs along with two (2) sets of final construction drawings and specifications, for final review, and approval. 7. The PRINCIPAL shall make all the necessary presentations of the final plans to the appropriate CITY Boards for their approval. 8. At no additional charge to the CITY, the PRINCIPAL shall make all required changes or additions and resolve all questions resulting from the CITY's final review unless the required changes or additions constitute "Major Revisions" as defined in Section 7.J. below, in which case such services shall be deemed Additional Services and shall be subject to the provisions of Section 7. All revised documents shall be submitted to the CITY for approval. After final approval by the CITY, the PRINCIPAL shall furnish, at no additional charge, a master set of reproducible drawings and specifications and provide two (2) sets of JAF:W061ORS.DOC 12 95- 761 prints of the final drawings and specifications to the CITY. If additional sets of prints are authorized for bidding purposes, the CITY shall reimburse the PRINCIPAL for the cost of printing additional drawings and specifications. 9. The PRINCIPAL shall conduct "dry runs" of the final construction plans to the Building Department and other appropriate governmental authorities, as necessary to ascertain that the construction documents meet all the requirements for construction permits. The PRINCIPAL shall make all necessary corrections, modifications, and additions to the construction documents (plans, specifications, etc.) necessary for permitting. The PRINCIPAL shall assist the CITY in filing the necessary documents and obtaining the approval for utilities (such as water, sewer, electric, telephone, gas, etc.) as well as the approval from all other applicable governmental authorities (such as environmental, health, building, zoning, etc.). D. Phase IV - Bidding and Negotiation Phase: 1. The Bidding and Negotiation phase shall be conducted in accordance with the CITY's established or approved process. The PRINCIPAL shall assist the CITY in obtaining and awarding bids and preparing construction contracts. After receipt of bids, the PRINCIPAL shall evaluate the bids and assist the CITY in making a recommendation to the City Commission. JAF:W061ORS.DOC 13 95- 761 2. During the advertisement and bidding period the PRINCIPAL shall prepare any necessary Addenda, with accompanying drawings or other materials, as may be required. An original copy of each Addendum shall be submitted to the Project Manager for approval and a copy of the same shall be furnished to each of the Bidders that have picked up a set of Contract Documents for purposes of bidding. 3. The PRINCIPAL shall attend pre -bid conferences when they are deemed necessary by the CITY. 4. During the bidding period, the PRINCIPAL shall interpret Construction Documents in writing, and prepare any supplementary drawings or specifications necessary for the clarification of the documents. The PRINCIPAL shall also assist the CITY in preparing responses to inquiries from prospective bidders. 5. If the lowest responsible bid received exceeds the Construction Budget the CITY may: (i) approve the increase and award the construction contract to such bidder, or (ii) reject all bids and rebid the Project within a reasonable time with no change in the Project Bid Documents, or (iii) direct the PRINCIPAL to revise the Scope and/or quality of the Project. In such event the PRINCIPAL shall modify the Construction Documents as necessary to bring the Estimated JAF:W061ORS.DOC 14 95- 761 Construction Cost within the Construction Budget. Such modifications shall be at no additional charge to the CITY unless the excess in Construction Costs is due to unforeseen circumstances such as force majeur or undue delay on the part of the CITY in bidding the Project, or (iv) suspend or abandon the Project. E. Phase V - Administration of the Construction Contract: 1. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final payment is approved by the CITY. 2. Unless otherwise provided, the CITY's Public Works Department will administer the Construction Contract and will assign an inspector to the Project. The PRINCIPAL shall advise and consult with the Project Manager or the City Inspector when appropriate. The PRINCIPAL shall have only limited authority to act on behalf of the CITY and only to the extent provided in the General Conditions or in the Supplementary Conditions of the Construction Contract. CITY shall have final approval of all changes in the Construction Work and Costs. 3. The PRINCIPAL shall attend pre -construction meetings and job meetings where its presence is required to resolve problems or disputes with the construction runs. JAF:W0610RS.DOC 15 95- 761 4. The PRINCIPAL shall at all times have access to the Project during the construction phase, so it may adequately perform as intended under this Agreement. 5. The PRINCIPAL shall visit the construction site at least weekly and during all key construction events to evaluate the progress of the Project and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. The PRINCIPAL will not be required to provide continuous daily on - site inspections to check the quality or quantity of the work unless otherwise authorized or directed in writing. 6. The PRINCIPAL shall have no responsibility to supervise and control those actions of any parties not directly employed or retained by the PRINCIPAL. On the basis of the on -site observations, the PRINCIPAL will advise the CITY as to the progress of the work and any observed defects and deficiencies. 7. The PRINCIPAL shall furnish to the CITY a written report describing its observations of the work, during each visit to the site, and the general status and progress of same. All reports shall be submitted in a timely manner. The PRINCIPAL shall ascertain, at least monthly, that the Contractor is making timely, accurate, and complete notations on record drawings. 8. Based on observations at the site and on its review of the Contractor's Payment Certificate, the JAF:W0610RS.DOC 16 95- 761 PRINCIPAL shall assist the CITY in determining the amount due the Contractor and shall recommend approval or rejection of the Certificate of Payment and the amounts of each. The PRINCIPAL's recommendation for approval of a Payment Certificate shall constitute the PRINCIPAL's representation and certification to the CITY that the work has progressed to the point indicated, and that it has been performed in accordance with the Contract Documents subject to: (i) an evaluation of the work for conformance with the contract documents upon substantial completion. (ii) the results of any subsequent tests required by the Contract Documents, and (iii) minor deviations from the Contract Documents correctable prior to completion and acceptance of the Project. 9. The PRINCIPAL shall have an affirmative duty to recommend rejection of work which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the PRINCIPAL considers it necessary or advisable to insure compliance with the Contract Documents, the PRINCIPAL will have authority, after approval from the Project Manager, to recommend special inspections or testing of any work deemed not to be in accordance with the Contract Documents whether or not LTAF:W0610RS.DOC 17 95- 761 such work has been fabricated and delivered to the Project, or installed and completed. 10. The PRINCIPAL 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 by the Project Manager. 11. The PRINCIPAL shall provide the CITY with copy of all shop drawings, duly reviewed by the PRINCIPAL, for the CITY's permanent records. 12. The PRINCIPAL shall review all test reports required by the Contract Documents and notify the CITY of any noncompliance with the Contract Documents. 13. The PRINCIPAL shall witness all tests that it is required to witness by Code or by the Contract Documents and shall provide to the CITY written reports of all such tests. 14. The PRINCIPAL shall receive all samples required to be furnished by the contractor and shall record the date of receipt and its source, examine said samples, notify the CITY of the approval or rejection of said samples, and maintain custody of approved samples. 15. As part of the Project Scope, the PRINCIPAL shall, if necessary, assist the CITY in the preparation JAF:W0610RS.DOC 18 95- 761 of bids for the purchases of equipment, fixtures, and furnishings for the Project. Upon receipt- of these bids, the PRINCIPAL shall assist the CITY in its evaluation and make recommendations related to the procurement and the installation of said equipment, fixtures, and furnishings. 16. The PRINCIPAL shall review and recommend action on proposed Change Orders within the scope of the Project. This includes Change Orders initiated by others or any proposed Change Orders recommended by the PRINCIPAL based on his observations. 17. The PRINCIPAL shall_ examine the work upon receipt of the Contractor's Certificate of substantial Completion for the Project and shall prepare a punch list of any defects and discrepancies in conjunction with the Project Manager. After the punch list items have been satisfactorily completed and approved by the PRINCIPAL, the PRINCIPAL shall recommend execution of Certificate of Final Acceptance and Final Payment to the contractor. PRINCIPAL shall also obtain from the contractor all warranties, guarantees, operation and maintenance manuals, releases of lien, extra materials required by the contract, and certificates as may be required by the specifications or applicable laws, and deliver them to the CITY. 18. The PRINCIPAL shall provide assistance in obtaining contractor's compliance with the Contract JAF:W0610RS.DOC 19 95- 761 Documents relative to, a) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, b) initial start-up and testing, adjusting and balancing of any equipment or systems, and c) final clean-up of the Project. F. Phase VI - Post Construction Administration: 1. The PRINCIPAL shall furnish to the CITY reproducible "as -built" record drawings based on information furnished by the contractor. These drawings shall become the property of the CITY. 2. The PRINCIPAL shall assist the CITY in the inspection of the work one month before the expiration of any guarantee period and shall report to the CITY any defective work in the Project which is under guarantee/warranty. The PRINCIPAL Shall also assist the CITY with the administration of guarantee/ warranties for correction of any defective work that may be discovered during the guarantee/warranty period. 7. Additional Services Additional Services, as listed below, are normally considered to be beyond the scope of the Basic Services as defined in this Agreement unless they are specifically incorporated into the Scope of Work. 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. JAF:W0610RS.DOC 20 95- 761 C. Planning, surveys, site evaluations, or comparative studies of prospective sites. D. Laboratory testing and professional surveying services provided through the PRINCIPAL for the Project as approved by the CITY. E. Services to make measured drawings of existing facilities or to verify the accuracy of drawings or other information furnished by the CITY. F. Services of specific inspectors required by the South Florida Building Code such as "Threshold Building Special Inspector" or special inspector required by the Building Official. G. The services of one or more full-time Project Representatives. H. Consultation and professional services concerning replacement of any work damaged by fire or other cause during construction, provided that the cause of such damage is found by the CITY not to be attributable to the Principal. I. Professional services made necessary by the default of a contractor or by major defects in the work provided that the cause of same is found by the CITY not to be attributable to the PRINCIPAL. J. Major revisions initiated by the CITY which change the scope of the Project, such as changes in the scope and arrangement of spaces and/or scheme or any portion of the Project, and including, specifically, revisions JAF : W0610RS . DOC 21 9 C _, 761 C1 which are inconsistent with written approvals or instruction previously given by the CITY which are due to causes beyond the control of the PRINCIPAL. K. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after the CITY has approved the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. 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 PRINCIPAL. N. Space planning, interior design, and use of special consultants such as lighting and acoustics, and scheduling consultants that are beyond the Basic Services in this Agreement. 0. The PRINCIPAL may also be required to provide consulting services to the CITY on various matters which do not result in drawings or specifications. 8. Project Completion Time. The Work shall be performed within the time allocated to each phase thereof and shall be completed within the time agreed upon. A reasonable extension of the Work time will be granted in the event of a JAF:W0610RS.DOC 22 9 5_ 761 61 delay caused by the CITY's failure to fulfill its part of the Agreement as herein required or by other reasons, such as weather, beyond the control of the PRINCIPAL. 9. Extension of Fx�iration Date. In the event the PRINCIPAI, is engaged in any Project(s) on the Expiration Date, then this Agreement shall remain in effect until completion or termination of said Project (s) . No new Work Orders shall be issued after the Expiration Date. 10. City's Services and Responsibilities. The CITY shall make available to the PRINCIPAL for its inspection, all plats, maps, surveys, aerials, records and other information regarding the Project that the CITY has as its disposal. 11. Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to Exceed Fee", as described hereunder, based on the nature and scope of the Work. The method of compensation shall be agreed upon prior to issuance of the Work Order. Notwithstanding anything herein to the contrary, the CITY and the PRINCIPAL agree that the total compensation permitted under this Agreement shall not exceed the sum of $250,000. A. FIXED FEE: The fee for a task or a scope of work based on a fixed fee shall be mutually agreed upon by the CITY and the PRINCIPAL. B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on either (a) Hourly Rate Fee or (b) Multiple of Direct Salary Expense. JAF:W0610RS.DOC 23 95- 761 (i) HOURLY RATE FEE: A fee based on hourly rates shall be computed based on the hours worked by individuals in the following categories. The Hourly Rate for each category, as shown below, includes all wages, taxes, insurance, benefits, overhead and profit: Category Hourly Rates Principal $ Associates $ _ Project Manager $ Architect $ Senior Draftsman $ Junior Draftsman $ CARD Operator $ Clerical $ (ii) MULTIPLE OF DIRECT SALARY EXPENSE: A fee based on Multiple of Direct Salary Expense shall be computed by multiplying, by a multiple of 2.5 up to 2.85, the direct salary rate for each person performing the services, as determined from salaries reported to the Internal Revenue Service, provided, however, that in no event shall the Multiple of Direct Salary Expense exceed the sum of one hundred and twenty-five dollars ($125.00) per hour for any of. PRINCIPAL'S principals or employees. For the purpose of this Agreement the following are to be considered as "PRINCIPALS": J":WO61ORS.DOC 24 761 C. REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to Compensation and include the actual expenditures made by the PRINCIPAL, in the performance of the work for the following expenses: 1) Fees paid for securing approval of authorities having jurisdiction over the Project. 2) Expense of reproductions, postage or expressage of Drawings, Specifications and other documents, excluding reproductions for use by the PRINCIPAL's subconsultants or as required as part of Basic Services under Section 6 hereof. 3) Expense of photographic production techniques when used in connection with Additional Services. 4) Expense of overtime work requiring higher than regular rates, only if authorized in advance by the Project Manager. 5) Expense of renderings and models requested by the CITY. 6) Expense of tests described in Section 7.F. hereof. 7) Expense for out of town travel and lodging, subject to limitations imposed by law, provided that PRINCIPAL shall have obtained the CITY's prior written approval. 12. Payments of Compensation. Compensation shall be paid monthly in accordance with invoices detailing the fees and expenses, for Work performed during the immediately JAF:W0610RS.DOC 25 95- 791 preceding calendar month. Payment shall be made within thirty (30) days following Project Manager's receipt of the invoices, in triplicate. The invoices shall include the following information: A. Total contract amount. B. Percent of Work complete to date. C. Total amount paid to date. D. Amount previously billed. E. Amount of invoice. F. Summary of Work done during the billing period. G. Invoice number and date. Upon request by the CITY, the PRINCIPAL shall provide to the CITY certified payroll data for the Work reflecting the direct salaries, benefits, taxes, insurance and hours of work performed for all or part of the billing period. Notwithstanding anything to the contrary, PRINCIPAL understands and agrees that payments during any billing period shall not exceed, in the aggregate, the percentage of the total compensation for a Project based on the following percentage for each phase: Phase I 15% upon completion and approval of Phase I. Phase II 35% upon completion and approval of Phase II. Phase III 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100r completion and approval of Phase III documents. Phase IV 90% upon completion of the Construction Documents and approval of all Work through Phase IV. Phase V 100% upon final completion of construction in Phase V and JAF:W0610RS.DOC 26 95z- 761 approval of Work elements under Phase VI. 13. Schedule of Work. The CITY shall have the sole right to determine which Project shall be assigned to the PRINCIPAL and. the schedule of Work and time for performance. 14. Extra Work Expenses. If the PRINCIPAL has incurred extra work or expense due to changes ordered by CITY after any portion of the Work is approved by the CITY, then the payment for such extra work shall be the subject of a Change Order, and shall be approved by the CITY if, in the CITY ' s reasonable opinion, such Change Order is warranted. 15. Approval by CITY. Whenever the CITY is required to approve, give its comments to, or reject any document or drawing submitted to it by PRINCIPAL, the CITY agrees to do so within twenty (20) days following its receipt of such document or drawing. Such approval, revisions or recommendations by the CITY shall not relieve the PRINCIPAL of its responsibility for the Work. The PRINCIPAL shall correct any errors noted in the specifications or drawings at no additional cost to the CITY. 16. Conflict of Interest. A. PRINCIPAL covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with CITY. PRINCIPAL further covenants that, in the performance of this Agreement, no person having such conflicting interests shall JAF : W0 610RS . DOC 27 9 5 e 761 be employed. Any such interests on the part of PRINCIPAL or its employees, must be disclosed in writing to CITY. B. PRINCIPAL is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 17. Ownership of Documents. All reports, tracings, drawings, plans, specifications, survey information maps, computer media, and other data developed by the PRINCIPAL for the purpose of this Agreement shall become the property of the CITY without restriction or limitation upon use and shall be made available by the PRINCIPAL at any time upon request of the CITY. When any work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be delivered to the Project Manager. 18. Termination and Suspension of Agreement. A. The CITY retains the right to terminate this Agreement at any time prior to the completion of the Work without penalty to the CITY. In such event, the CITY shall give written notice of termination to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered up to the date of the notice, provided, however, that the PRINCIPAL is not in default under the terms of this Agreement. B. In the event of termination, all documents, plans, and other documents developed by PRINCIPAL under this JAF:W0610RS.DOC 28 95- 761 Agreement shall become the property of the CITY, with the same provisions of use as set forth in Section 14 hereof. C. It is further understood by and between the parties that any information, contract documents, plans, drawings, or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PRINCIPAL for any other purposes whatsoever without the written consent of the CITY. 19. Award of Agreement. The PRINCIPAL warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. The PRINCIPAL also warrants that to the best of its knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement or the Work. 20. Subconsultants. A. Selection of the PRINCIPAL by the Competitive Selection Committee was based, in part, on the qualifications and expertise of the subconsultants listed in response to the "Request for Qualifications" (RFQ) if subconsultants were listed (the "Approved Subconsultants"). The PRINCIPAL shall employ Approved Subconsultants where JAF : W0610RS . DOC 29 9 5 -^ 761 their specialties are required to perform the Work for an assigned Project. B. The PRINCIPAL may choose additional subconsultants provided it first obtains the prior written approval of the CITY. The PRINCIPAL may not exclude Approved Subconsultants from a Project without the CITY's prior written consent. The reasons for hiring additional subconsultants or for the replacement of the Approved Subconsultants shall be detailed in the PRINCIPAL's written request for CITY's consent. C. The PRINCIPAL shall be responsible for all the work of its organization, employees and its subconsultants. Nothing contained in this Agreement shall create any contractual relationship between any of the subconsultants working for the PRINCIPAL and the CITY. The PRINCIPAL agrees and understands that it is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the Work. 21. Entire Agreement. This Agreement represents the entire and integrated agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument executed by CITY and PRINCIPAL. 22. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. JAF:W0610RS.DOC 30 95- 761 3. Right to Audit. The CITY reserves the right to audit records of the PRINCIPAL pertaining to this Agreement anytime during the term hereof, and for a period of three (3) years after final payment is made under this Agreement. 24. Insurance. PRINCIPAL shall maintain during the terms of this Agreement the following insurance: A. Comprehensive General Liability Insurance in amounts not less than $500,000.00 Combined Single Unit for bodily injury and property damage liability and said insurance shall include contractual liability coverage. The City of Miami shall be named as primary Additional Insured. B. Professional Liability Insurance in a minimum amount of $500,000.00 covering all liability arising out of the terms of this Agreement. C. workers' Compensation Insurance in the statutory 2 JAF : W0610RS . DOC 31 761 The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of any Work, which shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without the thirty (30) days written notice of the CITY. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its liability and obligations under this Section or under any portion of this Agreement. 25. Right of Decisions. All services shall be performed by the PRINCIPAL to the satisfaction of the Project Manager 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 hereunder, and the character, quality, amount, and value thereof, and the Project Manager's decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. In the event that the PRINCIPAL does not concur in the judgment of the Project Manager as to any decision made by him, the PRINCIPAL shall present his written objections to the Director of Public Works and submit to the City Commission for determination. 26. Non -Discrimination. The PRINCIPAL shall not discriminate against any employee or applicant for JAF:W061ORS.DOC 32 95- 761 employment because of race, color, religion, sex, age, national origin, handicap or marital status. The PRINCIPAL shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer_; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity Clause. 27. Construction of Agreement. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. 28. Independent Contractor. The PRINCIPAL and its employees and agents and any subconsultants and its employees and agents, shall be deemed to be Independent Contractors and not agents or employees of the CITY; and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any right generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. JAF:W0610RS.DOC 33 95- 761 i t 29. Non-Delegability. It is understood and agreed that the obligations undertaken by the PRINCIPAL pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent, which may be withheld at CITY's sole discretion. 30. Default Provision. In the event that PRINCIPAL shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, in addition to all other remedies available by law, at its sole option, upon written notice to PRINCIPAL may cancel and terminate this Agreement, and all payments, advances or other compensation paid to PRINCIPAL by CITY while PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to CITY. 31. Contingency Clause. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 32. Minority Procurement Compliance. The PRINCIPAL acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. JAF:W0610RS.D0C 34 95- 761 33. Indemnification. The PRINCIPAL covenants and agrees i that it will indemnify and hold harmless the CITY, its officers, agents and employees from any and all claims, i losses, damages, costs, charges or expenses arising out of c or in connection with the negligent acts, actions, or omissions of the PRINCIPAL or any of its officers, agents, employees or subconsultants, whether direct or indirect, provided, however, that PRINCIPAL shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the sole negligence of the CITY or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any particular insurance coverage in this Agreement. I 34. Notice. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI: PRINCIPAL: Public Works Department Attn: Waldemar E. Lee 275 N.W. 2nd Street Miami, Florida 33128 (305) 579-6865 JAF:W0610RS.DOC 35 9 5- 761 61 35. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both. parties. 36. Miscellaneous Provisions. A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. JAF:W0610RS.DOC 36 95- 761 M (PRINCIPAL) ATTEST: By Corporate Secretary Title: CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida By: WALTER FOEMAN CESAR 11. ODIO City Clerk City Manager APPROVED AS TO CONTENT: Department of Public Works APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: i A. QUINN JONES, III FRANK K. ROLLASON City Attorney M�� Deputy Chief U""' Chief of Risk Management ORS/et 3zr^-E''; •ar^. � =5-" .. S .. __*' __.in �3y5FG�? �•.•.� .. ' :C.' �t.3^. _ '�3 .:. ,..... - ;i .. ._. .. v September 12, 1995 Mr. Waldemar E. Lee Director, Department of Public Works City of Miami 275 N.W. 2nd Street Miami, FL 33128 RE: PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURE) Dear Wally: I am in receipt of your letter dated August 31 accompanied by the sample professional services agreement. In accordance with your request and as a means of commencing- negotiations, we're pleased to submit the following information, in connection with hourly billing rates for the various job descriptions identified in the contract; and proposed architectural fees based on -a percentage of construction costs: -' > -y1 1 A. BILLING RIGHTS a77 SP�I P L $�-1J-0 , AZ!� M I �� I. Principal* b� � CN R?: ............ $125/hour 2. Associates ... �$11'0/hour 9ola�- D 3. Project Manager f75/N %kjob= - 4. Project Architect �-Io w. 5. Senior Draftsman ______r_—_ 0.Ewa � E-- 6. Junior Draftsman '-45/gA � �- 7. CADD Operator-- S. Clerical $35/hour per, S�NIo� PAQTrM�"A'anifflfl PARTr1R5 *Principals include' Willy A. Bermello, Luisrnando Alonso, Alfredo Sanchez, Bernard Horovitz, Nelson Martinez, Agustin J. Barrera -A � Af1CAqBCT-6 B. ARCHITECTURAL FEES ON THE BA51S OF A PERCENTAGE OF CONSTRUCTION COSTS 1. $0 - $1.00,000...................................... 20% 2. $100,000 -- $250,000................................. 15% 3. $250,000 - $500,000................................ 12.5% 4. $500,000 - $1M.................................... 10% = _ AUt,1t � _ r.rne�5 `.+_ o AS,J Mr. Waldemar E. Lee 1 September 12, 1995 Page 2 5. $1M $10M ............. ........ ............. 8.5%n 6. $10M - $25M ............................. I .. I ..... 7.5 % 7. $25M - $50M................................... 6.5 % By separate cover we will be submitting comments, if any, regarding the sample agreements. We look forward to hearing from you concerning the scheduling of our negotiation meeting. We look forward to working with you and we thank you in advance for all your cooperation. i Warmest personal regards, Vv ' Willy A. Bermello President Y cc: (w/Enclosure) Mr. Cesar H. Odio, City Manager Mr. Bernard Horovitz, B&A Mr. Agustin J. Barrera, B&A Mr. Fernando Alonso, B&A Mr. Primi Conde, B&A Mr. Luis Ajamil, B&A PROJECT FILES l F�S6CRT'Y�Mi[HE11SW►D0Z,TB�I9HVCT'�0IID®.WAR 95- 761 M Andres Duany and Elizabeth Plater-Zyberk, Architects & Town Planners 1023 Southwest 25th Avenue, Miami, Florida 33135 (305) 644-1023-telefix:, (305� 644-1021 September 27, 1995 Mr. Waldemar E. Lee, Director City of Miami, Department of Public Works 275 N.W. 2nd Street Miami, FL 33128 Dear Mr. Lee: I would like to apologize for the delay in responding to your letter and hope that we did not jeopardize your schedule. Enclosed is a copy of the contract with the items you requested to be completed a well as several hand written notes for your consideration. DPZ proposes the following fees based upon the range of construction value outlined by your office. $100,000-$2501000 15% Architectural Fee $250,000-$500,000 13% Architectural Fee $500,000-$1,000,000 11% Architectural Fee DPZ does not see any additional items which can not be resolved during our meeting with the City's negotiating team. We look forward to working with the City for the next two years and anticipate a strong working relationship with you and your staff. Please do not hesitate to call if you require additional information or have any questions. If I am not available please address your questions to Mark Sardegna. Sincerely, Elizabeth Plater-Zyberk 320 Firehouse Lane, Gaithersburg, Maryland 20878 (301) 948-6223 telefax (301) 670-9337 95- 761 C. Multiple of UIRECT SALARY EXPENSE: If an hourly flat rate Is not established, the fee may be based on multiple of 2.5 times the direct salary rate, as determined from salaries reported to the Internal Revenue Service, of the personnel engaged directly on a protect. The direct salary rate times the multlpller shall not exceed one hundred and twenty five dollars per hour by either the PRINCIPALS or his employees. For the purpose of this agreement the following are to be considered as Principals: �.tip T.r--s The total fee agreed upon shall be based on a "Fixed fee sum" or a "Not To Exceed" maximum sum as mutually agreed upon by the CITY and the CONSULTANT. If a "Not to Exceed" fixed fee Is mutually agreed upon, the amount paid shall be paid either on the basis of the hourly rate flat fee times the hours worked or on the basis of a multiple of direct salary expense times the hours worked as agreed upon by the CITY and the CONSULTANT. 4.2 REIMBURSABLE EXPENSES are In addition to the COMPENSATION for the CONSULTANT'S BASIC SERVICES and Include the actual expenditures made by the CONSULTANT on the WORD of the PROJECT for the following expenses: A. Fees paid for securing approval of authorities having Jurisdiction over the PROJECT. B. Expense of reproductions, postage or expressage of Drawings, Specifications and other documents, excluding reproductions for the office use of the CONSULTANT'S subconsultant's or as required under the CONSULTANT'S Basic Services under Section 2. 9 J— 761 SECTION 4 •- BASIS OF JMPENSATION 4.1 The CONSULTANT agrees to negotiate a "Fixed Fee" or a "Not to Exceed" fee for the WORK on each PROJECT assigned to him based on the nature and scope of such WORK. Upon agreement of a "Fixed Fee" or "Not to Exceed" fee, the Director of Public Works will Issue a written authorization to proceed to the CONSULTANT. In case of an emergency, the CITY reserves the right to Issue oral authorization to the CONSULTANT, with the right to Issue a written confirmation to follow immediately thereafter. The CITY will pay the direct costs of reproduction of any plans and specifications beyond the requirements outlined under the basic services in Section 2-Professlonal Services". The total fees for Professional Services for the WORK on each PROJECT shall be determined by one of the. -following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT: A. FIXED FEE: The fee for a task or a scope of work based on a 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, agreed upon hourly flat rates multiplied by the hours worked in accordance worked with the following: Category Hourly Rates Principal $ Associates Project Manager Design Architect (or Landscape Arch.) Senior Draftsman Junior Draftsman _ -- CADD Operator — Clerical W ee Hourly rate flat fees will Include all wages, taxes, Insurance, benefits, overhead and profit. y i 761 - 19 - Architects/Planners Lic. AA C001864 Courvoiser Center �`3 Suite 502 501 Brickell Key Drive C�h 19 r► Miami, Florida 33131 Phone 3051536-0111 v �% Fax 305/577-4358 l ' • j September 18, 1995 Waldemar. . Lee Direct Dep ment of Public Work 2 N.W. 2nd Street iami, F1 33128 RE: Professional services Agreement (Architecture) Dear Mr. Lee: As per your request on letter dated August 31. 1995 attached please find Laura M. Perez & Associates schedule of hourly rates, names of principals and architectural fee range. Please note that Professional Service Agreement package was no received until Monday August 11, 1995. HOURLY FEE RATE Category Principal Associates Project Manager Design Architect (or Landscape Arch.) Senior Draftman Junior Draftman Senior CADD Operator Junior CADD Operator Clerical NAMES OF PRINCIPALS Laura M. Perez Peter Thomas Luis Calzadilla Hourlv Rates $ 100.00 Not Applicable $ 65.00 $ 75.00 $ 50.00 $ 40.00 $ 50.00 $ 40.00 $ 25.00 rl Ch L A U R A M P E R E Z 8F A S S O C I A T E S r. ♦'iY t 14 Page 2 City of Miami Professional Service Agreement ARCHITECTURAL FEE RANGE Construction Cost rancxe Fee Range $100,000 10% - 12% $100,000 - $ 250,000 09% - 11% $250,000 - $ 500,000 08% - 10% $500,000 - $1,000,000 07% - 09% We are please to submit this information and hope it meets with your satisfaction. We look forward to working with the City of Miami. If additional information is needed, please do not hesitate to contact my office. i Sincerely, �•-z,�-� Laura M. Perez, President miami.mis/ltl 95� 761 October 3, 1995 mr. Allan I. Poms Chief .Architect City Of Miami Department Of Public Works 275 N.W. 2nd Street Miami, Florida 33128 Re: Professional Services Agreement Architecture 1995-1996 Dear Mr. Poms, .1135 I.AGUN,,1 STREET CORAL GAr3LFS, FL 3314(3 TELEPHONE 1335) 441•1756 FACSIMILE '305) 445-23.74 AA CJ.11)0 As per your request, enclosed please find our schedaie of "hourly mate Fees" and t',je names of the principals fo*- this contract, as indicated on page 19 & 20 of your sample agreement. Also, as requested, following are Architectural & Engineering (A/E) Fees for Basic Services, w�7ere the fee is established by a percentage of Construction Cost. Please note that these are our averages based on recent experience with government type projects. They are as follows: $ 0 - 100,000 14.S% $ 100,000 - 250,000 13.5% $ 250,000 500,000 11.8% $ 500,000 - 1,000,000 9.4% Please review the information hereby submitted, and contact me with any questions or concerns you may have. We stand ready to Feet with you and the negotiating team at you earliest convenience. sincerely, F_ ando Cava rr e, R.A. incipa.l 'FG/hf EncIz . citymia.001 .aw 95- 761 SECTION 4 - BAs I S OF COMPENSATION 4 . 1 The CONSULTANT agrees to negotiate a 'f~ 1 I P'eem or a "Not to Exceed" fee far ti,)e WORK on cacti PROJECT assigned to him based on the nature and scope of such WORK. Upon agreement of a "Fixed Fee" or "Not to Exceed' fee, the 01rector of Public Works will issue a written authorization to proceed to the CONSULTANT. In case of an emergency, the CITY reserves the right to Issue oral author!zation to the CONSULTANT, with the right to Issue a written confirmaticn to follow irnmedlate!y thereafter. The CITY wltl pay the alrect costs of reproduction of any plans and specifications i. I ct�cJ f'.tgi beyond the re©uIremenis outlined kinder the basic services fit Section 2-Prof ess iona I Sery I C;es' . The total fees for Professional Services for the WORK on each PROJECT stnaII be. determined by one of the foIIcwIng methods or a Ccmtbinatron thereof, as mutually agreed upon by the CITY and the CONSULTANT: A. FIXEID FEE: The fee for a task or a scope of work based on a fixed sum as mutually agreed upon by the CITY and the CONSULTANT. B. HOURLY RATE FEE: the CITY agrees to luny, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, agreed upon hourly flat rates rrmuttiplied qy the hours worked In accordance wdrken with the following: Category Hourly Rates Principal S 120,00 Asset, I ates .00 Project Manager 80 'oq Design Archltect (or Landscape Arch.) 10 Senior 0rattsrnanGO.-00 Junior Draftsman 50 .� CADD operator .� Clerica! ' Hourly rate flat fees will include all wages, taxes. Insurance, benefits, overhead and profit. 'g _ 95- 761 i i C. Multiple of C ECT SALARY EXPENSE: If ar hourly fiat rate I s not estab t I shed, the fee may be based on 8 multiple2. of *� times the d P rest salary rate, as determined from salaries reported to the Internal Revenue Service, of the personnel engaged directly on a project. The direct salary rate times the mu►tIpIIar shall not exceed one hundred and twenty five dollars per hour by either tre PRINCIPALS or his ernoloyees. For the purpose of this agreement the following are to be Considered as Principals:en� At Aid► i The total fee agrees: upon shall I be based on a "Fixed fee sum" or a "Not To Exceed" maximum sum as mutually agreed upon by the CITY and the CONSULTANT. If a "Not to Exceed" fixed fee is <)?11 mu Lua I I y agreed upon. the amaunt paid sha I 1 be Paid either on the casts of the hourly rate flat fee times the hours worked or on the basis o; a multiple, of direct salary expense times the hours worked tit t onJoJ I',i� as agreed upon by the CITY and the CONSULTANT. 4,2 REIMBURSABLE EXPENSES are In addition to the COMPENSATION for the CONSULTANT'S BASIC SERVICES and Include the actual expenditures made by the CONSULTANT can the WORK of the PROJECT for the following expenses: A. Fees paid for securing approval of authorities having jurisdiction over the PROJECT. B. Expense of reproductions, postage or expressage of Drawings. Specifications and other documents, excluding reproductions for' the office use of the. CONSULTANT'S subconsultant's or as required under the CONSULTANT'S Basic Services under Section 2. - 20 - 95- 761 .1 A, THE ARCHITECTURAL DESIGN CONSORTIUM INC. 317 MINORCA AVENUE MIAMI, FLORIDA 33134 TEL: (305) 440.0454 CURT. NO. AAC002069 September 8, 1995 Mr. Allan I. Poms Chief Architect CITY OF MIAMI Public Works Department 275 N.W. 2nd Street, Miami, Florida 33128 Re: Professional Services Agreement (Architectural) Dear Mr. Poms: Enclosed, for your use, is a marked up sample copy of the Professional Services Agreement between the City of Miami and The Architectural Design Consortium, Inc. Also, enclosed are our proposed Architectural fees on the basis of percentages for construction cost for various types of projects. It should be noted that this fee proposal is strictly for architectural services. If there is any need for our engineering consultants to provide any services to the City of Miami, we will submit fees... for those services at that time. If you have any further questions, please feel free to contact me. Thanks. Sincerely, THE ARCHITECTURAL DESIGN CONSORTIUM, INC. LU U/kr Encls. cc: Harlan Woodard Keith Martin Iv+.Kno���n.o�e PLANNING ARCHITECTURE CONSTRUCTION MANAGEMENT 95- 761 i ,r• 'r�,'1 r"'"1 i Our proposed Architectural fees on the basis of percentages of construction cost for various types of projects, services and size is as follows. ti PROFESSIONAL SERVICES AGREEML.r This Agreement entered Into this _ day of 1995, by and between the City of MIamI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and 7-F-} �­ , 711 . with Its primary office located at}� �', f• E�, rc. ,•., �. hereinafter referred to as "CONSULTANT". W I T N E S S T H WHEREAS, by Resolution No. 94-603 passed and adopted on July 26, 1994, the City Commission approved the designation of Professional Architectural Services for City of Miami Projects - 1995-96 as a Category "B" project and appointed a Competitive Selection Committee, solicited expressions of Interest from qualified firms which responded to this Inquiry; and WHEREAS, the most qualified firms for providing professional Architectural services for City of Miami projects were selected in accordance with the State of Florida Consultants' Competitive Negotiation Act, enacted by the Florida Legislature on July 1, 1973 and by City of Miami Ordinance No. 9572 on February 10, 1983; and WHEREAS, on May 1, 1995, the City Commission by Resolution No. 95-320, approved the findings of the Competitive Selection Committee as to the most qualified Architecture firms and Landscape _Architecture firms, In rank order, to provide professional Architectural or Landscape Architectural services for the design, preparation of construction documents, construction permitting, and construction administration for specific projects required by the City during a two (2) year term. 1- 95- 761 SECTION 4 - BASIS OF k-,WPENSAT ION 4.1 The CONSULTANT agrees to negotiate a "Fixed Fee" or a "Not to Exceed" fee for the WORK on each PROJECT assigned to him based 1 on the nature and scope of such WORK. Upon agreement of a "Fixed Fee" or "Not to Exceed" fee, the Director of Public Works will Issue a written authorization to proceed to the CONSULTANT. In case of an emergency, the CITY reserves the right to Issue oral authorization to the CONSULTANT, with the right to Issue a written confirmation to follow immediately thereafter. The CITY will pay the direct costs of reproduction of any plans and specifications beyond the requirements outlined under the basic services In Section 2-Professional Services". The total fees for Professional Services for the WORK on each PROJECT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT: A. FIXED FEE: The fee for a task or a scope of work based on a fixed sum as mutually agreed upon by the CITY and the CONSULTANT. S. HOURLY RATE FEE: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, agreed upon hourly flat rates multiplied by the hours worked In accordance worked with the following: Category Hourly Rates Principal $--<�,�-- Assoc i ates Project Manager Design Architect (or Landscape Arch.) Senior Draftsman .O Junior Draftsman 4 0 CADD Operator Clerical Hourly rate flat fees will Include all wages, taxes, Insurance benefits overhead and profit. 95- 761 C. Multiple of DIRECT SALARY EXPENSE: If an hourly flat rate is not established, the fee may be based on multiple of ?,-5 times the direct salary rate, as determined from salaries reported to the Internal Revenue Service, of the personnel engaged directly on a project. The direct salary rate times the multiplier shall not exceed one hundred and twenty five dollars per hour by either the PRINCIPALS or his employees. For the purpose of this agreement the following are to be considered as Principals: The total fee agreed upon shall be based on a "Fixed fee sum" or a "Not To Exceed" maximum sum as mutually agreed upon by the CITY and the CONSULTANT. If a "Not to Exceed" fixed fee is mutually agreed upon, the amount paid shall be paid either on the basis of the hourly rate flat fee times the hours worked or on the basis of a multiple of direct salary expense times the hours worked as agreed upon by the CITY and the CONSULTANT. 4.2 REIMBURSABLE EXPENSES are in addition to the COMPENSATION for the CONSULTANT'S BASIC SERVICES and Include the actual expenditures made by the CONSULTANT on the WORK of the PROJECT for the following expenses: A. Fees paid for securing approval of authorities having jurisdiction over the PROJECT. B. Expense of reproductions, postage or expressage of Drawings, Specifications and other documents, excluding reproductions for the office use of the CONSULTANT'S subconsultant's or as required under the CONSULTANT'S _ �5- 761 j sy ARPA �r 18 September 1995 aldem . Lee, Director of Public Works 2nd Street ;Re: Florida 33128 PROFESSIONAL SERVICES AGREEMENT Dear Mr. Lee: ALBERT R. P E R E Z ASSOCIATES As per your request, find enclosed annotated sample of the City of Miami Professional Services Agreement including Our schedule of Hourly Rate Fees, the name of the principal, and some amendments that we feel have to be included in LANDSCAPE order to tailor the agreement to best fit our firm. ARCHITECTS PLANNERS We usually do not provide our design services fees as a percentage of Construction Costs since we have found that each project is unique even when the construction 250 costs might be the same, however, since you requested that we provide this CATALONIA information, following find what we estimate will be a fair range of fees for the AVENUE SUITE 300 different construction cost categories outlined in your letter: CORAL FROM TM, SCHEDULE OF FEES GABLES FLORIDA $ -0- $ 100,000 Negotiated on a project basis 33134 $100,000 $ 250,000 13.0% $250,000 $ 500,000 10.5% TEL $500,000 $1,000,000 9.5% 305 44S If you should require further information, do not hesitate to contact me. 9223 Please note that we have relocated our office to a new location. Our current FAX address is: 305 445 250 Catalonia Ave., Suite 300 4131 i Coral Gables, Florida 33134-6730 S rely, t .t Al rt erez, Encl. 95— 761 SAMPLE PROFESSIONAL SERVICES AGREEMENT This Agreement entered Into this day of 1995, by and between the City of MIaml, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and A.LBERT R. PEREZ ASSOCIATES, P.A. 250 Catalonia Ave., Suite 300 with Its primary office located at coral Gables, FL 33134-6730 hereinafter referred to as "CONSULTANT". W I T N E S S T H WHEREAS, by Resolution No. 94-603 passed and adopted on July 26, 1994, the City Commission approved the designation of Professional Architectural Services for City of Miami Projects - 1995-96 as a Category "B" project and appointed a Competitive Selection Committee, solicited expressions of Interest from qualified firms which responded to this Inquiry; and WHEREAS, the most qualified firms for providing professional Architectural services for City of Miami projects were selected In accordance with the State of Florida Consultants' Competitive Negotiation Act, enacted by the Florida Legislature on July 1, 1973 and by City of Miami Ordinance No. 9572 on February 10, 1983; and WHEREAS, on May 1, 1995, the City Commission by Resolution No. 95-320, approved the findings of the Competitive Selection Committee as to the most qualified Architecture firms and Landscape Architecture firms, In rank order, to provide professional Architectural or Landscape Architectural services for the design, preparation of construction documents, construction permitting, and construction administration for specific projects required by the City during a two (2) year term. - 1- 95- 761 SECTION 4 - BASIS OF COMPENSATION 4 . t The CONSULTANT agrees to negotiate a "Fixed Fee" or a "Not to Exceed" fee for the WORK on each PROJECT assigned to him based on the nature and scope of such WORK. Upon agreement of a "Fixed Fee" or "Not to Exceed" fee, the Director of Public Works wlli Issue a written authorization to proceed to the CONSULTANT. In case of an emergency, the CITY reserves the right to Issue oral authorization to the CONSULTANT. with the right to Issue a written confirmation to follow Immediately thereafter. The CITY will pay the direct costs of reproduction of any plans and specifications beyond the requirements outlined under the basic services In Section 2-Professional Services". The total fees for Professional Services for the WORK on each PROJECT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT: A. FIXED FEE: The fee for a task or a scope of work based on a f I xed sum as mutua I I y 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, agreed upon hourly flat rates multiplied by the hours worked In accordance worked with the following: Category Hourly Rates Principal $ 90.00 Associates Project Manager 9Q_00 Design Architect (or Landscape Arch.) F0.00 Senior Draftsman 35-00 Junior Draftsman CADD Operator y 5 761 Clerical 15,00 { C. Multiple DIRECT SALARY EXPENSE: an hourly flat rate Is not established, the fee may be based on 1 2.85 multiplei e of -£-.-&- times the direct salary rate, as determined from salaries reported to the internal Revenue Service, of the personnel engaged directly on a project. The direct salary rate times the muItIpIIer shall not exceed one hundred and twenty five dollars per hour by either the PRINCIPALS or his employees. For the purpose of this agreement the following are to be considered as Principals: Albert R. Perez The total fee agreed upon shall be based on a "Fixed fee sum" or a "Not To Exceed" maximum sum as mutually agreed upon by the CITY and the CONSULTANT. If a "Not to Exceed" fixed fee is mutually agreed upon, the amount paid shall be paid either on the basis of the hourly rate flat fee times the hours worked or on the basis of a multiple of direct salary expense times the hours worked as agreed upon by the CITY and the CONSULTANT. 4.2 REIMBURSABLE EXPENSES are In addition to the COMPENSATION for the CONSULTANT'S BASIC SERVICES and Include the actual expenditures made by the CONSULTANT on the WORK of the PROJECT for the following expenses: A. Fees paid for securing approval of authorities having Jurisdiction over the PROJECT. B. Expense of reproductions, postage or expressage of Drawings, Specifications and other documents, excluding reproductions for the office use of the CONSULTANT'S subconsultant's or as required under the CONSULTANT'S Basic Services under Section 2. - 20 - 95- 761 e CHARLES A, ALDEN, Landscape Architect, A.S,L,A, 7905 Southwest 162 Street, Miami, Florida 33157 (305) 251-1668 19 Craven Lane, Lawrenceville, New Jersey 08648 23 September 1995 ` J L � _ v - . CITY OF MTAMI-- Department of Public Works 275 NW 2nd Street Miami, Florida 331.28 Attn: Mr. Waldem E. Lee, Director Re: Profess' nal Services Agreement - Landscape Architecture Dear Mr. Lee, We are pleased to submit the enclosed information, as requested in your letter of 31 August 1995, regarding ;the above contract. This office is a sole proprietorship with one principal, Charles A. Alden, who is a licensed Landscape Architect in -the State of Florida. Support services related to civil, structural or electrical engin- eering, as well as CADD and other -necessary specialties, will be provided through sub -contract agreements with the required profes- sionals. We look forward to the execution of this agreement and.to providing the City with a,full range of both general and highly specialized land planning and landscape architectural services. Sinc y, Charles A. Alden, ASLA Landscape Architect CAA/pg encl. `{ > l _T� 0l •r fy � A j.� U1 95- 761 CHARLES A. ALDER, Landscape Architect, A,S.L.A, 7905 Southwest 162 Street, Miami, Florida 33157 (305) 251-1668 19 Craven Lane, Lawrenceville, New Jersey 08648 OFFICE ANALYSIS a� b a ar $4 4-) -14 m >1 � M a 1 a s� ."1 �-+ a 4J �4 -0 U ►� o --+ W V aoi •. i >. M N b .c M U U .N ra o a7 F w a x o> cn a z 0 NAME C.A.ALDEN Princ. 105.00 82.50 -.- -. 0 0 10 5 C US M - Land A. 30.00 - 12.50 18.75 - - - - - - - - Ecolog. 24.50 - 10.00 15.00 - - - - - - - - Drafter 17.25 - 7.00 10.50 - - - - - - - - Secty 24.50 - 10.00 15.00 - - - - - - - - B . Keep 24.50 - 10.00 15.00 - - - - - - - * Note: This office assumes a ratio of professional staff time : prin- cipal time of 2 : 1, on an average, for each hour of work on all pro- jects and, therby, calculates the actual principal billing rate above. This analysis is the basis of contract executed with Dade Transit Agency in the fall of 1994. 95- 761 CHARLES A, ALDEN, Landscape Architect, A,S,L,A, 7905 Southwest 162 Street, Miami, Florida 33157 (305) 251-1668 19 Craven Lane, Lawrenceville, New Jersey 08648 STANDARD _FEE SCHEDULE a' k a! > 4-3 a •�+ o a) a) U r �-i 04 a 0 E r.) o O ra U U �4 aJ ,� � 'Cf trl O O •� a � x CONSTRUCTION COST $ 100,000- 50,000 8.25-9.00'% 11.25-12.00 % 14.25-15.00 % Fee $ 250,000-100,000 7.50-8.25 10.50-11.25 13.50-14.25 1,110 Fee $ 500,000-250,000 6.75-7.50 9.75-10.50 12.75-13.50 % Fee $1,000,000-500,000 6.00-6.75 9.00--9.75 12.00-12.75 % Fee The above standard per cent fee is determined by a combination of considerations of both size and complexity of project factors. 55- 761 3raNI t5t IV-W-00 r lu t0. 1Ji , L I_uL.Il VV1Vw+ w,U I, 1. Ory 0h MIAMi, FLONDA INTER -OFFICE MEMORANDUM 64 10 Hnnnrable Mayor and Members O('T 19 1995 of the City Commission 1�u;r,Professional Architectut,c Services for City of Vliam Projects 1995 and 1995" t HOM : REFEW NCEApproving Agreements and AuthuLlzing Execution Cesar ii , rNCL0siYm'!; City Mang RFCOMMENDATIOU : It is respectfully recommended that a resolution he adoptod approving five (5) Professional Services Agreements, in aubcatantially the Lu.Lw attached hereto, with. Bermello Ajamil & Part riarQ, Inc., Andrac Duany & Ell-6abeLh FlaLer-Lyberk, Laura M. Perez & Associates, Tnr._, Soqueira & Cavarrete, P.A., and the A 1xitectural Design Consortium, Inc,, to iirovide professional general. Architectural Services for a two year term in conjunc.tinn With CiLy of Miami projects; further approving three (3) Professional. Services A�ILk-->?mertts, in substantially the attached Form, with Albert R. Pcrnz Associates, Charles A. Alden, Landscape Architect, and Bermal.ln Ajamil & Partners, Inc,, Lu provide professlonal. Landscape Architectural fiarvi.ces for a two year term in conjunction with City of Miami projects; and further auL•hori_aing the City Manager to execute the above agreements. BACKGROUND: The City of Miami has a substantial number of cont.rRctual obligations for a variety of construction projects and various City departmental pLujects which are scheduled for design and conRtrnctio7x in the immediate future. Many of these projects include State of FloridA grants, Community DevelopueciL Block Grants, and FEMA funded projects which have dpodlines for the uce of the funds. Mast of these projects require general architecLutdi and/or Landscape Architectural professional services. The diverse number of specialized prnjacts initiated by other. City departments require that the Public Works Department engage private firma to provide: these professional Architecture and Landscape Architecture Services for a two year term. Page 1 of. 2 95- 761 LU-1U-UW I LU*UJA'.l i I ULM..IV IOVIUW1 "Auiu..i. .. t Honorable Mayor and Members ` of the City Commis!elon In accordance with the State of Florida Consultants Competitive Negotiations Act and CILy of Miami OrdlnanCe No, 9572. and as authorized by Resolution No. 94-603, dated July 26, 1994, a Competitive Selection Committee, cntnprlsed of four city employees and three aronitectural professional members from the orlvste sector, personally Interviewed and evaluated certified firms In the general Architecture and Landscape Architecture categories that responded to the City's pub)IQ advertisements for Request for Qualifications fnr Professional Architectural Oervicc* 1995-• 1996. The Clty Commission by Resolution No. 95-320, dated May 1, 1995, approved the selection of Ltle above recommended firms to provide Drofess Innaa I Architectural sery I cen for City of M l /iri i {arc lects and directed the City Manager to reantlate a contract with caoh firm. The max Inium remount of fees earned by any one f I rm over the twc year term I IImItad to s250,Ooo. Funds for these professional services will be allocated as a project expense rrom tht Individual project funding. This proposed resolution will approve the eight agreements, In substantially the form attached hereto, and authorize the Clt_y Manager to P.kaeUta them. I Page 2 of 2