HomeMy WebLinkAboutAgreementCITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS
PROFESSIONAL SERVICES AGREEMENT
FOR MISCELLANEOUS CONTINUING SERVICES
2004-2006
(Construction Projects Under $1 Million and/or Study Activities under $50,000)
BETWEEN THE CITY OF MIAMI, FLORIDA,
AND
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO)
FOR
ENVIRONMENTAL/COASTAL ENGINEERING PROFESSIONAL SERVICES
RECITAL
A. The City has issued on 5/21/03 a Request for Qualifications ("RFQ")
No. 02-03-163 for the provision of Architectural, Engineering, Landscape Architectural
and Surveying services for Miscellaneous Continuing Services ("Services") and
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO)
proposal ("Proposal"), in response thereto, was selected as one of the most qualified
proposals for the provision of ENVIRONMENTALICOASTAL ENGINEERING services.
The RFQ and the Proposal are sometimes referred to herein, collectively, as the
Solicitation Documents, and are by this reference expressly incorporated into and
made a part of this Agreement as if set forth in full herein.
B. Under Chapter 18, Article III of the Code of the City of Miami, as
amended, the City Manager may award certain Professional Services contracts, subject
to the applicable requirements of Section 287.055 Florida Statutes, as amended, the
Consultants' Competitive Negotiations Act ("CCNA") for selection and which do not
exceed a cumulative sum of $500,000 in total value for Miscellaneous Continuing
Services contracts solicited in compliance with CCNA. Any contract sums exceeding
$500,000 shall require the prior approval of the Miami City Commission. The total
amount of compensation payable to the Consultant, including basic and/or additional
services and/or reimbursable expenses shall not exceed a cumulative sum of $500,000.
CIP - Contract No K-0400339 Page 1
WHEREAS, the City of Miami, Florida, experiences a fluctuating workload required of
its professional architectural and engineering staff which makes it impractical to hire all
necessary expertise in-house; and
WHEREAS, it is in the best interests of the City to be able to obtain professional
ENVIRONMENTAUCOASTAL engineering services expeditiously when a need arises
in connection with a study or a partial or complete capital improvement project; and
WHEREAS, the City has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable
provisions of the City Procurement Ordinance, as one of several Consultants who will
provide miscellaneous professional architectural, landscape architectural, registered
surveying and mapping, and/or engineering services as directed by the Director of the
Department of Capital Improvement Projects, for such projects and/or tasks as may be
required from time to time by the City; and,
THIS AGREEMENT made this 4- day of /1�' - in the year two thousand
()& , BY AND BETWEEN THE CITY OF MIAM FLORIDA, hereinafter called the
"Owner," and PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC.
(AKA PEiCO), hereinafter called the "Consultant," as an ENVIRONMENTAUCOASTAL
ENGINEERING Consultant.
The parties agree the foregoing recitals are true and correct and incorporated herein by
this reference.
WITNESSETH, that the Owner and the Consultant, for the considerations herein set
forth, agree as follows:
CIP - Contract No. K- Page 2
TABLE OF CONTENTS
ARTICLE PAGE
SCOPE OF THE WORK........................................................................5
1. DEFINITIONS.............................................................................7
1.01 Additional Services
1.02 Basic Services
1.03 City Manager
1.04 City or Owner
1.05 Consultant
1.06 Contractor
1.07 Director of the Department of Design and
Construction Management
1.08 Inspector
1.09 Notice to Proceed
1.10 Project Manager
1.11 Project
1.12 Professional Services
1.13 Term of Contract
1.14 Work Order
2. CONSULTANT SERVICES AND RESPONSIBILITIES .........................8
2.01 Basic
2.02 Additional Services
2.03 Reimbursables Services
3. SUBCONSULTANTS..................................................................24
3.01 Definitions
3.02 Subconsultants' Relations
4. THE OWNER'S RESPONSIBILITIES..............................................25
4.01
Information Furnished
4.02
Project Management
4.03
Legal Services, Etc.
5. BASIS OF COMPENSATION........................................................27
5.01 Professional Service Fee
5.02 Additional Service/Reimbursables Fee
CIP - Contract No. K- Page 3
ARTICLE
Q
7
E
PAGE
PAYMENTS TO THE CONSULTANT ............................................ 31
6.01 Payment for Basic Services
6.02 Payment for Additional Services/ Reimbursables Services
6.03 Deductions
6.04 Project Suspension
GENERALPROVISIONS............................................................. 33
7.01
Indemnification
7.02
Insurance
7.03
Performance
7.04
Termination of Agreement
MISCELLANEOUS..................................................................... 37
8.01 Consultant's Account Records
8.02 Ownership of Documents
8.03 Maintenance of Records
8.04 Extent of Agreement
8.05 Successors and Assigns
8.06 Truth -in- Negotiation Certificate
8.07 Applicable Law and Venue of Litigation
8.08 Consultant's Staff
8.09 Notices
8:10 Interpretation
8.11 Joint Preparation
8.12 Priority of Provisions
8.13 Mediation; Waiver of Jury Trial
8.14 Time
8.15 Compliance with Laws
8.16 ADA Compliance
8.17 No Partnership
8.18 Discretion of Director
SCHEDULE1............................................................................ 43
EXHIBIT "A" — "E" INSTRUCTIONS..............................................47
CIP - Contract No. K- Page 4
SCOPE OF WORK
The Consultant shall provide professional ENViRONMENTAUCOASTAL Engineering
services for miscellaneous projects in the professional services category for which the
consultant was selected under the City's Request for Qualifications (RFQ) No. 02-03-
163 in accordance with Section 287.055 Florida Statutes, as amended, Consultants
"Competitive Negotiations Act (CCNA).
Environmental/Coastal Engineering services are broad in service type and range in
scope from complete engineering designs for construction to environmental reports,
testing and permitting. When a specific project has been determined, the Department
of Capital Improvements (CIP) Director or his/her authorized designee will request in
writing, a Professional Services Proposal from the Consultant based on the proposed
scope of work. The Consultant and CIP and other City staff shall have preliminary
meetings to further define the scope of work and to resolve any questions regarding the
project. The Consultant shall then prepare a written "Professional Services Proposal"
generally following the City's standard guidelines indicating the proposed scope of
services, time of performance, proposed fees, subconsultants, deliverable construction
documents, reports, tests, and estimated costs. The Consultant's Professional
Services Proposal shall be negotiated until an agreement is reached. (If agreement
cannot be reached, the City may terminate negotiations and may request a
professional services proposal from another qualified consultant in the same or other
qualified professional services category.)
When an agreement is reached, the Consultant shall prepare a revised Professional
Services Proposal which will become Exhibit "A" to a formal Work Order issued by the
Department of Capital Improvements, The Work Order shall first be executed by the
Consultant as "Accepted and Approved." The Work Order is then approved by the CIP
Director, the City's Risk Management Administrator and the City Attorney. When the
Work Order is fully executed, a Purchase Order will be issued, and a written "Notice to
Proceed" will be issued by the CiP Director and/or his/her designee.
The Consultant shall furnish one or more of the following
ENVIRONMENTAUCOASTAL Engineering Services as specifically authorized by a
Work Order issued by the Director of the Department of Capital Improvement Projects.
The services may include but are not limited to planning, investigations, feasibility
studies, cost estimates, environmental testing and reports, partial or complete design
services, including preparation of bid and/or construction documents, construction
contract administration, and other miscellaneous ENVIRONMENTAL/COASTAL
engineering services that may be required. The City Manager or the Director of the
Department of Capital Improvement Projects may issue a Work Order to encompass
entire Basic Services (as defined in Section 2.01) for a full service project, or for Basic
Services, or for specific testing, investigations, assessments, reports and environmental
permitting tasks.
CIP - Contract No. K- Page 5
It is understood that the Work Order and Notice to Proceed will be issued under this
Agreement at the sole discretion of the City Manager or Director of the Department of
Capital Improvement Projects and that the Consultant has no expectation, entitlement,
right to or privilege to receive a Work Order and Notice to Proceed for any project or
task. The Owner reserves at all times the right to perform any and all architectural,
and/or engineering services in-house, or with other private professional architects or
engineers as provided by Section 287.055, Florida Statutes, (Consultants' Competitive
Negotiation Act) or to discontinue or withdraw any or all projects or tasks or to exercise
every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special
rights to the City of Miami, Florida, Work. The Consultant may submit proposals for any
professional services which the Consultant is qualified to perform, if and when
proposals are publicly solicited by the Owner outside this Agreement.
The Owner will pay the Consultant a separate stipulated lump sum or percentage fee or
hourly rate flees for each Work Order issued. The fees for Professional Services for
each Work Order shall be determined by one of the following three methods or a
combination thereof, as mutually agreed upon by the Director of the Department of
Capital Improvement Projects and the Consultant.
(1) A Lump Sum (See Section 5.01A).
(2) A Percentage of Construction Cost, as defined in Section 5.01 B
(3) Hourly Rate, as defined and at the rates set forth in Section 5.01C.
The aggregate sum of all payments for fees and costs including reimbursable expenses
to the Consultant under this Agreement shall be limited to total cumulative expenditures
by the City of up to $500,000 which is a guaranteed maximum price ("GMP") under this
Agreement. The City shall not be liable for any item of cost, fee, expense, charge , or
expenditure exceeding the GMP. This is the cumulative total guaranteed maximum for
all expenditures related to the Consultant, including, without limitation, fees and
reimbursables, pursuant to this Agreement, as it may be amended. Under no
circumstances will the City have any liability for work performed, or as otherwise may be
alleged or claimed by Consultant beyond the cumulative total guaranteed maximum
provided herein, unless the City Commission approves an increase in the contract.
The Director of the Department of Capital Improvement Projects or his/her authorized
designee will confer with the Consultant before any Work Order and Notice to Proceed
is issued to discuss the scope of the Work, the time to complete the Work and the fee
for services rendered in connection with the Work. No payment will be made for the
Consultant's time or services in connection with the preparation of any such proposal or
for any Work done in the absence of an executed Work Order, Notice to Proceed and
Purchase Order.
CIP - Contract No. K- Page 6
ARTICLE 1
DEFINITIONS
1.01 ADDITIONAL SERVICES: Those ENVIRONMENTAUCOASTAL engineering
services beyond the Scope of Basic Services defined in Section 2.02
1.02 BASIC SERVICES: Those arch itecturallengineering services defined in Section
2.01.
1.03 CITY MANAGER: The duly appointed chief executive officer of the City of Miami.
1.04 CITY OR OWNER: The City of Miami, Florida, a Florida municipal corporation,
the public agency which is a party hereto and for which this contract is to be
performed. In all respects hereunder, City's performance is pursuant to City's
position as the Owner of the project. In the event the City exercises its
regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a
governmental body and shall not be attributable in any manner to City as a party
to this contract. The City of Miami may be referred to herein as "City" or "Owner."
1.05 CONSULTANT: The individual, partnership, corporation, association, joint
venture, or any combination thereof, of properly registered professional
architects and/or engineers, which has entered into the agreement to provide
professional services to the Owner.
1.06 CONTRACTOR: An individual, partnership, corporation, association, joint
venture, or any combination thereof, which has entered into a contract with the
Owner for construction of City of Miami, Florida, facilities and incidentals thereto.
1.07 DIRECTOR OF THE DEPARTMENT OF CAPITAL IMPROVEMENT
PROJECTS: The Director of the Department of Capital Improvement Projects of
the City of Miami, Florida, having the authority and responsibility for
management of the specific projects authorized under this Agreement.
1.08 INSPECTOR: An employee of the City of Miami, Florida, assigned by the
Director of the Department of Capital Improvement Projects to make
observations of Work performed by a Contractor.
1.09 NOTICE TO PROCEED: A written letter or directive issued by the Director of
Capital Improvements Projects or his/her designee to the Consultant authorizing
the start of professional services under the executed Work Order; is issued after
approval of the City's Risk Management and City Attorney.
CIP - Contract No. K- Page 7
1.10 PROJECT MANAGER: An employee of the Owner assigned by the Director of
the Department of Capital Improvement Projects to manage and monitor the
Work to be performed under this Agreement and the construction of a project as
a direct representative of the Owner.
1.11 PROJECT: The construction, alteration or repair, and all services and incidentals
thereto, of a City of Miami, Florida facility as contemplated and budgeted by the
Owner.
1.12 PROFESSIONAL SERVICES: Those services within the scope of the practice of
architecture, professional engineering, landscape architecture, or registered
surveying and mapping, as applicable, as defined by the laws of the State of
Florida, or those performed by any architect, professional engineer, landscape
architect, or registered surveyor or mapper in connection with his or her
professional employment or practice. These services may be abbreviated herein
as ENVIRONMENTAUCOASTAL engineering services or other professional
services, as applicable, which are within this definition.
1.13 TERM OF CONTRACT: The Term of the Contract for miscellaneous projects
shall be for two (2) years with an option to renew (OTR) for an additional one (1)
year period or until projects underway are completed.
1.14 WORK ORDER: A written document issued by the City to the Consultant
authorizing the performance of specific professional services, and stating the
Scope of Work, time for completion, and the amount of fee authorized for such
services.
CIP - Contract No. K- Page 8
ARTICLE 2
CONSULTANT SERVICES AND RESPONSIBILITIES
2.01 BASIC SERVICES:
The full range of Basic Services is applicable in its entirety only to Projects for
which full Basic Services are authorized. ENVIRONMENTAUCOASTAL
Engineering Services for smaller projects, environmental testing reports
and permitting will have fewer phases and/or less submittals for the
required services as indicated in the Work Order.
For full-service projects, the Consultant agrees to provide complete
professional ENVIRONMENTAUCOASTAL engineering services set forth in
the five phases enumerated hereinafter and in accordance with the Florida
Building Code and the City of Miami, Florida, Code of Ordinances; including all
other services normally required for a project of specific type, unless modified
by a specific requirements in the Work Order, hereinafter collectively called
"Basic Services," as follows:
2.01A Phase I - Programming and Schematic Design:
1) The Consultant shall confer with representatives of the Director
of the Department of Capital Improvement Projects to establish
the Program, consisting of a detailed listing of all functions and
spaces together with the square footage of each assignable
space, gross square footage, and a description of the
relationships between and among the principal programmatic
elements.
If the project needs are so unique that a special analysis of the
requirements is necessary to establish a more detailed
program, such services may be authorized as Additional
Services.
2) The Consultant shall prepare and present for approval by the
Owner, a Design Concept and Schematics Report, comprising
the Schematic Design Studies, including an identification of any
special requirement affecting the Project, a Project
Development Schedule and a Statement of Probable
Construction Cost, as defined below:
a. The Schematic Design Studies shall consist of a site plan, floor
plans, elevations, sections, etc. as required by the Project
Manager and shall show the scale and relationship of the parts
and the design concept of the whole. Floor plans may be single-
CIP - Contract No. K- Page 9
line diagrams; door and window locations are not required. A
simple perspective rendering or sketch, model, or photograph
thereof may be provided to further show the design concept.
b. The Project Development Schedule shall show the proposed
completion date of each Phase of the Project through
design, bidding, construction, and the proposed date of
occupancy by Owner.
c. The Statement of Probable Construction Cost shall include a
summary of the estimated cost of the building(s) and/or
other work including fixed equipment, construction
contingency allowance, escalation factors adjusted to the
estimated bid date, movable equipment (if any), allowances
or contingencies (if any), utility services and extensions (if
applicable), a brief description of the basis for estimated
costs (similar projects) with square foot costs adjusted to bid
date, a preliminary evaluation of the program and the
allocated construction funds in terms of each component of
the work.
3) The Consultant shall submit three copies of all documents
required under this Phase, without additional charge, for
approval by the Owner, and the Consultant shall not proceed
with the next Phase until the documents have been approved,
in writing, by the Owner, and an Authorization to Proceed with
the next phase has been issued.
2.01B Phase II - Design Development:
1) From the approved Schematic Design documents, the
Consultant shall prepare and present, for approval by Owner,
Design Development Documents, comprising the drawings,
outline specifications, and other documents to delineate and
describe the character of the entire Project as to
ENVIRONMENTAUCOASTAL systems and other items
incidental thereto, and as required by the Project Manager.
Staff from each of the major technical disciplines shall attend
the presentation to explain the design concept of their systems.
2) At this presentation, the Consultant shall also submit an
Updated Statement of Probable Construction Cost. If the
Updated Statement of Probable Construction Cost exceeds the
construction budget amount, appropriate cost or scope
reduction recommendations must be included.
CIP - Contract No. K- Page 10
2.01C
3) The Consultant shall submit three sets of all Design
Development documents required under this Phase, without
additional charge, for approval by the Owner, and the
Consultant shall not proceed with the next Phase until the
Owner has in writing approved the documents.
Phase III - Construction Documents Development:
From the approved Design Development Documents, the
Consultant shall prepare for written approval by Owner, "Final
Construction Documents" setting forth in detail the requirements for
the construction of the Project. The Consultant is responsible for
full compliance of the design and the Construction Documents with
all applicable codes.
1) 50% Construction Documents Submittal:
The Consultant shall make a 50% Construction Documents
submittal, for approval by the Owner, which shall include:
a. Three sets of prints of all drawings, and
specifications.
b. A complete index of every drawing sheet, to become
part of the Construction Documents, and the
Consultant's evaluation of the individual percentage
of completion of each sheet.
C. The Consultant shall, in the preparation of the
Specifications, use CSI Standards, including the 16 -
Division and 3 -part Section format developed and
recommended by the Construction Specifications
Institute. The 50% construction specification
documents submittal shall include sections of
Divisions "0" and "1" and all of the technical
specification sections, each of which shall be between
50% and 100% complete. Outline specifications as
submitted during the Design Development phase are
not acceptable for this phase.
d. An Updated Statement of Probable Construction
Cost, as indicated by time factor, changes in
CIP - Contract No. K- Page 11
requirements, or general market conditions, and an
updated Project Development Schedule.
Authorization to Proceed with the completion of
Phase III will not be issued if the latest Statement of
Probable Construction Cost exceeds the Total
Authorized Construction Budget, unless the Owner
increases the Total Authorized Construction Budget
or the Consultant and the Owner agree on methods
of cost reduction sufficient to enable construction
within the funds available. Any increase or reduction
in the Construction Budget shall be agreed upon IN
WRITING by the duly authorized signatories of the
respective parties.
e. The Consultant may also be authorized to include in
the Construction Documents approved additive and/or
deductive alternate bid items to permit the Owner to
award a Construction Contract within the limits of the
budgeted amount.
2) The Consultant shall not proceed with further development
until written approval of the 50% documents is received from
the Owner. The Consultant shall make all changes to the
documents and resolve all questions related to the 50%
documents. The 50% complete revised Construction
Documents shall be Check Set and shall be returned to the
Owner for final approval. The Consultant shall work closely
with the Owner in the preparation of the Proposal and shall
prepare the Supplementary General Conditions for those
conditions unique to this specific project.
3) 100% Construction Documents Submittal:
a. Upon 100% completion of the Construction
Documents, the Consultant shall submit to the Owner
three copies of the Drawings, Specifications as Check
Sets, together with a final, updated Statement of
Probable Construction Cost or, when previously
authorized as a reimbursable expense, a Detailed
Construction Estimate of Costs may be prepared by a
Construction Cost Consultant.
CIP - Contract No. K- Page 12
b. The Consultant shall make all required changes or
additions and resolve all questions related to the
100% documents. A revised 100% complete Check
Set shall be returned to the Owner. Upon final
approval by the Owner, the Consultant shall furnish
one printed copy of all Drawings and Specifications,
along with a reproducible set and an electronic copy
to the Owner without additional charge.
C. The Consultant shall assist the Owner in filing the
required documents for approval by ALL
governmental authorities having jurisdiction over the
Project. The Consultant shall submit the 100%
Construction Plans for building permits, utility permits
(water & sewer), including Environmental and Health
Dept. approval (if necessary), zoning approvals to the
appropriate government agencies for construction
permitting. The Consultant shall revise the plans as
necessary for permitting and construction. These
revisions shall be made before the plans are issued
for bidding. The Consultant shall prepare addendums
and/or revised plans if necessary revisions occur
during the bidding period. The Consultant shall make
the original documents or reproducible copies thereof
available to the Owner for reproduction of additional
copies as may be required for bidding and/or
construction purposes.
2.01 D Phase IV - Bidding and Award of Contract:
1) Bid Documents Approvals and Printing:
Upon obtaining all necessary approvals of the Construction
Documents, and approval by the Owner of the latest
Statement of Probable Construction Cost, the Consultant shall
assist the Owner in obtaining/evaluating bids and awarding
construction contracts.
The Owner may have the drawings and specifications printed
for bidding purposes, either through its open agreements with
printing firms or as a reimbursable cost through the
Consultant.
CIP - Contract No. K- Page 13
2) Issuance of Bid Documents, Addenda and bid opening:
a. The Owner shall issue the Bid Documents to prospective
bidders and keep a complete "List of Bidders". The
Advertisement for Bids will instruct the bidders to pick up
the Bid Documents at the Office of the Department of
Capital Improvement Projects.
b. The Consultant shall prepare addenda, if any are
required, for the Owner to issue to all prospective
bidders. No addendum shall be issued without the
Owner's approval.
c. The Consultant shall be present at the bid opening, with
the Owner's staff.
3) If the lowest responsive, responsible Base Bid received
exceeds the Total Authorized Design Value, the Owner may:
a. approve the increase in Project cost and award a
contract, or
b. reject all bids and rebid the Project within a
reasonable time with no change in the Project, or
C. reject all bids and direct the Consultant to revise the
Project scope or quality, or both, as approved by the
Owner, and rebid the Project, or
d. suspend, cancel or abandon the Project.
NOTE: Under item (3)c. above the Consultant shall,
without additional compensation, modify the Construction
Documents as necessary to bring the Probable Construction
Cost within the budgeted amount. The providing of such
service shall be the limit of the Consultant's responsibility in
this regard, and having done so, the Consultant shall be
compensated in accordance with this Agreement providing
that there will be no additional compensation for a
modification under (3)c. The Owner may recognize
exceptional construction market cost fluctuations before
exercising option (3)c. above.
CIP - Contract No. K- Page 14
It is agreed that any "Statement of Probable Construction
Cost" or Detailed Cost Estimate prepared by the Consultant
represents a reasonable estimate of cost in the Consultant's
best judgment as a professional familiar with the local
construction industry, and that neither the Consultant nor the
Owner, has any control over the cost of labor, materials, and
equipment, bidders' methods of determining bid prices,
competitive bidding, or market conditions. Therefore, the
Consultant cannot and does not guarantee that bids will not
vary from the final Statement of Probable Construction Cost
or Detailed Cost Estimate prepared by the Consultant.
If the latest Statement of Probable Construction Cost
exceeds the budgeted amount, the Consultant shall review
the materials, equipment, component systems and types of
construction included in the Contract Documents and shall
recommend changes in such items and/or reasonable
adjustments in the scope of the Project (to be made at no
additional cost to the Owner) that will result in bids within the
available funds.
Evaluations of the Owner's Project budget, preliminary
estimates of construction cost and detailed estimates of
construction cost prepared by the Consultant represent the
Consultant's best judgment as a design professional familiar
with the construction industry. Prior to authorizing the
Consultant to proceed with preparation of the Final Design,
the Owner may establish and communicate to the
Consultant a maximum sum for the cost of construction of
the Project ("Maximum Cost limit"). If the Owner has not
advertised for bids within ninety (90) days after the
Consultant submits the Final Design to the Owner, the
estimate of the cost of construction may be adjusted. The
Consultant cannot and does not guarantee that bids or
negotiated prices will not vary from any estimate of
construction cost or evaluation prepared or agreed to by the
Consultant. Notwithstanding anything above to the contrary,
the Owner may require the Consultant to revise and modify
Construction Documents and assist in the re -bidding of the
Work at no additional cost or fee to the Owner if all
responsive and responsible bids received exceed the
Maximum Cost limit.
CIP - Contract No. K- Page 15
2.01 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 Owner approves the
Contractor's final Payment Certificate and all post construction
documents, As -Built Surveys, warrantees and guarantees have
been delivered to the Owner. During this period, the Consultant
shall provide Administration with the Construction Contract as set
forth in the General and Supplementary Conditions of the
Construction Contract.
2) The Consultant, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner and
shall have authority to act on behalf of the Owner to the extent
provided in the General Conditions and the Supplementary
Conditions of the Construction Contract. The Consultant shall in
a timely manner, review and approve shop drawings, samples,
submittals, test reports and related documents required by the
contract documents.
3) The Consultant shall visit the site at least weekly, and at all key
construction events, and the Consultant's respective
Subconsultants shall visit the site weekly, to ascertain the
progress of the Project and to determine in general if the Work is
proceeding in accordance with the Contract Documents. On the
basis of on-site observations, the Consultant shall endeavor to
guard the Owner against defects and deficiencies in the Work.
The Consultant will not be required to make extensive inspections
or provide continuous daily on-site inspections to check the
quality or quantity of the Work unless otherwise set forth in this
Agreement. The Consultant shall carefully review and approve
the Contractor's applications for payment before they are
submitted to the City for payment. The Consultant's
representative shall attend the monthly site requisition meetings.
The Consultant will not be held responsible for construction
means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, nor
will the Consultant be held responsible for the Contractor's or
Subcontractors', or any of their agents' or employees', failure to
perform the Work in accordance with the Contract Documents.
CIP -Contract No. K- Page 16
4) The Consultant shall furnish the Owner with a written report of all
observations of the Work made by the Consultant and the
Subconsultants during each visit to the Project. The Consultant
shall also note the general status and progress of the Work on
forms furnished by the Owner, and submits them in a timely
manner. The Consultant shall review the Contractor's
construction schedules and if necessary, have the schedules
updated on a monthly as work progresses. The Consultant and
the Subconsultants shall ascertain that the Contractor is making
timely, accurate, and complete notations on the "as -built"
drawings.
5) Based on observations at the site and consultation with the
Project Manager, the Consultant shall determine the amount due
the Contractor on account and shall recommend approval of such
amount. This recommendation shall constitute a representation
by the Consultant to the Owner that, to the best of the
Consultant's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work
is in accordance with the Contract Documents subject to:
a. An evaluation of the Work for conformance with the Contract
Documents,
b. the results of any subsequent tests required by the Contract
Documents,
C. minor deviations from the Contract Documents correctable
prior to completion, and
d. any specific qualifications stated in the Payment Certificate
and further that the Contractor is entitled to payment in the
amount agreed upon at the requisition site meeting.
By recommending approval of a Payment Certificate, the
Consultant shall not be deemed to represent that the
Consultant has made any examination to ascertain how and
for what purpose the Contractor has used the money paid
on account of the Construction Contract Sum.
6) The Consultant shall be an interpreter of the requirements of the
Contract Documents and the judge of the performance
thereunder. The Consultant shall render interpretations
necessary for the proper execution or progress of the Work with
reasonable promptness on written request of either the Owner or
the Contractor, and shall render written decisions, within a
CIP - Contract No. K- Page 17
reasonable time, on all claims, disputes and other matters in
question between the Owner and the Contractor relating to the
execution or progress of the Work or the interpretation of the
Contract Documents.
7) Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the
Contract Documents and shall be in written or graphic form. In
the capacity of interpreter, the Consultant shall endeavor to
secure faithful performance by both the Owner and the
Contractor, and shall not show partiality to either.
8) The Consultant shall have authority to recommend rejection of
Work which does not conform to the Contract Documents.
Whenever, in the Consultant's reasonable opinion, it is necessary
or advisable to insure compliance with the Contract Documents,
the Consultant will have authority to recommend special
inspection or testing of any Work deemed to be not in accordance
with the Contract, whether or not such Work has been fabricated
and delivered to the Project, or installed and completed. The
Consultant and subconsultants shall provide such normal civil,
structural, mechanical, electrical, landscape or other related
inspection expertise as necessary to determine compliance with
the Construction Contract.
9) The Consultant shall promptly review and approve shop
drawings, samples, and other submissions of the Contractor for
conformance with the design concept of the Project and for
compliance with the Contract Documents. Major changes or
substitutions to the Contract Documents shall not be authorized
without concurrence of the Owner's Project Manager and/or
Director of Capital Improvements.
10) The Consultant shall initiate Change Orders for the Owner's
approval as required by the Consultant's observations, or
requested by the Owner; and review and recommend action on
proposed Change Orders initiated by others within the scope of
the Project.
CIP - Contract No. K- Page 18
11) The Consultant shall examine the Work upon receipt of the
Contractor's Request of Substantial Completion Inspection of the
Project and shall, prior to occupancy by the Owner, recommend
execution of a Certificate of Acceptance for Substantial
Completion after first ascertaining that the Project is substantially
completed in accordance with the contract requirements. A
punch list of any defects and discrepancies in the Work required
to be corrected by the Contractor shall be prepared by the
Consultant and the Sub -consultants, in conjunction with
representatives of the Owner. Satisfactory completion of the
Punchlist shall be obtained before the Consultant recommends
execution of a Certificate of Final Acceptance and final payment
to the Contractor. The Consultant shall obtain from the
Contractor all required guarantees, operating and maintenance
manuals for equipment, releases of liens and such other
documents and certificates as may be required by applicable
codes, laws, and the specifications, and deliver them to the
Owner before Final Acceptance.
12) The Consultant shall provide assistance in obtaining the
Contractor's compliance with the Contract Documents relative to
1) initial instruction of Owner's personnel in the operation and
maintenance of any equipment or system, 2) initial start-up and
testing, adjusting and balancing of equipment and systems and 3)
final clean-up of the Project.
13) The Consultant shall furnish to the Owner, the original drawings,
revised to "as -built" conditions based on information furnished by
the Contractor; such "As -Built" drawings and surveys shall
become the property of the Owner.
2.02 ADDITIONAL SERVICES:
2.02A Additional Services as listed below are normally considered to be beyond
the scope of the Basic Services as defined in this Agreement. Additional
services shall be authorized by prior written authorization executed by the
City Manager or the Director, and will be compensated for as provided
under Section 5.02.
CIP - Contract No. K- Page 19
Additional Services shall include but are not limited to the following:
1) Special analyses of the Owner's needs, and special detailed
programming requirements for a project.
2) Financial feasibility, life cycle costing or other special
studies.
3) Planning surveys, soil tests, environmental investigations,
site evaluations, or comparative studies of prospective sites.
4) Design services relative to future facilities, systems and
equipment which are not intended to be constructed as part
of a specific project.
5) Providing services to investigate existing conditions of
facilities or to make measured drawings thereof, after the
Consultant has expended an amount of time deemed to be
the normal requirement for renovation and alteration
projects. For the purposes of this Agreement, this amount of
time shall be that equal to .3 of 1% of the Estimated
Construction Cost. The Consultant will be required to verify
this expenditure, in writing, in accordance with Article 6.
6) Professional detailed Estimates of Construction Cost
consisting of quantity surveys itemizing all material,
equipment and labor required for a project.
7) Interior design services required for or in connection with the
selection of furniture or furnishings, except, all equipment,
materials, supplies and related items included in the
Construction Contract.
8) Investigation and creation of detailed appraisals and
valuations of existing facilities, and surveys or inventories in
connection with construction performed by the Owner.
9) Any additional special professional services (other than
normal ENVIRONMENTAUCOASTAL engineering services)
as may be required for a project, such as: acoustical, food
service, and/or theatrical consulting, art in public places
(artists & sculptors), special computer and electronic
systems and security systems.
10) The services of one or more full-time, on site Project Field
Representatives during construction.
CIP - Contract No. K- Page 20
11) Extended assistance beyond that provided under Basic
Services for the initial start-up, testing, adjusting and
balancing of any equipment or system; extended training of
Owner's personnel in operation and maintenance of
equipment and systems, and consultation during such
training; and preparation of operating and maintenance
manuals, other than those provided by the Contractor,
subcontractor, or equipment manufacturer.
12) Consultation concerning replacement of any Work damaged
or built inconsistently with the Contract Drawings, providing
the cause is found by the Owner to be other than by fault of
the Contractor, the Consultant or the Consultant's agents.
13) Making major revisions changing the scope of a project, to
drawings and specifications, when such revisions are
inconsistent with written approvals or instructions previously
given by the Owner and are due to causes beyond the
control of the Consultant. (Major revisions are defined as
those changing the scope and arrangement of spaces
and/or scheme and/or any significant portion thereof.)
14) Preparing to serve or serving as an expert witness in
connection with any public hearing, arbitration proceeding or
legal proceeding, providing, however, that the Consultant
cannot testify against the City in any proceeding during the
course of this Agreement.
15) Preparing supporting data, Drawings, and Specifications as
may be required for Change Orders affecting the scope of a
project, provided the change in the Consultant's Basic
Compensation resulting from the adjusted Contract Sum
does not fully compensate for such services.
16) Preparation of deductive changes orders, and/or preparation
of additive change orders, which are not incorporated in the
Work.
17) Preparing an energy efficiency study and a life cycle cost
analysis which shall be submitted to the Owner for approval.
18) Any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally
accepted ENVIRONMENTAL/COASTAL engineering
practice related to construction.
CIP - Contract No. K- Page 21
19) Upon the request of the Owner for a project rendering and
upon written authorization by the Director of the Department
of Capital Improvement Programs, the Consultant shall
submit several simple studies of proposed perspective
drawings for the Project, indicating suggestions for angles of
view and general composition of a rendering. Upon
approval of a perspective format, the Consultant shall
execute and submit one 20' x 30" framed and glassed
perspective rendering in color of the Project and three
smaller 10" x 15" framed photographic copies, in color as
requested by the Owner. This will be considered as an
additional service, to be compensated on a mutually
agreeable basis in accordance with this Agreement.
2.03 REIMBURSABLES:
2.3.1 Reimbursables are those items authorized by the Owner in addition to the
Basic and Additional Services and consist of actual expenditures made by
the Consultant and the Consultants' employees, Subconsultants, and
Special Subconsultants in the interest of the Work for the following
purposes
a) Identifiable transportation expenses in connection with the Project,
subject to the limitations of Section 112.061, Florida Statutes as
amended, Transportation expenses to locations outside the Dade-
Broward-Palm Beach County area or from locations outside the
Dade-Broward-Palm Beach County area will not be reimbursed
unless specifically pre -authorized in writing by the Project
Manager. Such pre -authorization will be subject to the limitations of
Section 112.061, Florida Statutes, as amended.
b) identifiable per diem, meals and lodging, lodging, taxi fares and
miscellaneous travel -connected expenses for Consultant's personnel
subject to the limitations of Section 112.061 Florida Statutes. Meals
for class C travel inside Dade or Broward County will not be
reimbursed. Meals and lodging expenses will not be reimbursed for
temporarily relocating Consultant's employees from one of
Consultant's offices to another office if the employee is relocated for
more than ten (10) consecutive Working days. Lodging will be
reimbursed only for room rates equivalent to Holiday Inn, Howard
Johnson or Ramada Inn. Governmental lodging will not be
reimbursed within Dade, Broward or Palm Beach County.
CIP - Contract No. K- Page 22
c) Identifiable communication expenses approved by the Project
Manager, long distance telephone, courier and express mail between
the Consultant's various permanent offices. The Consultant's field
office at the Project site is not considered a permanent office.
d) Cost of printing, reproduction or photography, which is required by or
of Consultant to deliver services, set forth in this Agreement.
e) Identifiable testing costs, special reports and recommendations
approved by Project Manager.
f) All Permit fees paid to regulatory agencies for approvals directly
attributable to the Project. These permit fees do not include those
permits required to be paid by the construction Contractor.
g) Reimbursable sub -consultant expenses are limited to the items
described above when the sub -consultant agreement provides for
reimbursable expenses and when such agreement has been
previously approved in writing by the Director and subject to all
budgetary limitations of the City and requirements of Section 2.03
herein.
h) Site surveys, special purpose surveys, and/or "As -built surveys when
authorized by the Project Manager.
i) Information items indicated in Section 4.01 when authorized by the
Project Manager.
CIP - Contract No. K- Page 23
ARTICLE 3
SUB -CONSULTANTS
3.01 DEFINITIONS:
3.01A A Sub -consultant is a person or organization of properly registered
professional architects and/or engineers, who has entered into a written
agreement with the Consultant to furnish professional services for a
project or task, described under Basic Services in Section 2.01 herein.
3.01B A Special Sub -consultant is a person or organization that has entered into
a written agreement with the Consultant to furnish professional services
for a project or task described under Additional Services.
3.02 SUB -CONSULTANTS' RELATIONS:
3.02A All services provided by the Subconsultants shall be pursuant to
appropriate written agreements between the Consultant and the Sub -
consultants, which shall contain provisions that preserve and protect the
rights of the Owner and the Consultant under this Agreement.
3.028 Nothing contained in this Agreement shall create any contractual or
business relationship between the Owner and the Subconsultants. The
Consultant acknowledges that Subconsultants are entirely under his
direction, control, supervision, retention and/or discharge.
3.02C If the Consultant has an obligation to use specific Subconsultants, please
indicate below:
FIRM NAME CONSULTING SERVICE
CIP - Contract No. K- Page 24
The Consultant shall not change any Sub -consultant without prior written
approval by the Director of the Department of Capital Improvement Projects, in
response to a written request from the Consultant stating the reasons for any
proposed substitution. Such approval shall not be unreasonably withheld,
conditioned, or delayed by the Director.
ARTICLE 4
THE OWNER'S RESPONSIBILITIES
4.01 INFORMATION FURNISHED:
The Owner, at its expense and insofar as performance under this Agreement
may require, shall furnish the Consultant with the following information, or may
authorize the Consultant to provide the information, as an Additional
Reimbursable Service:
4,01A Complete and accurate surveys of building sites, giving boundary
dimensions, locations of existing structures and/or trees, the grades and
lines of street, pavement, and adjoining properties; the rights, restrictions,
easements, boundaries, and topographic data of a building site, and such
existing utilities information as it has relative to sewer, water, gas and
electrical services.
4.01B Soil borings or test pits; chemical, mechanical, structural, or other tests
when deemed necessary; also, if required, an appropriate professional
interpretation thereof and recommendations. The Consultant shall
recommend necessary tests to the Owner.
4.01C Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a
program as per Section 2.01A.
4,01D Drawings representing as -built conditions at the time of original
construction will be furnished to the Consultant; however, they are not
warranted to represent conditions as of this date. The Consultant must
perform field investigations as necessary in accordance with Article 2.02A
(5) to obtain sufficient information to perform his services. Investigative
services in excess of "Normal Requirements," as defined, must be
authorized in advance.
CIP - Contract No. K- Page 25
4.01 E The services, information, surveys and reports required by Paragraphs
4.01A through 4.01C, inclusive, shall be furnished at the Owner's
expense, and the Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided the Consultant reviews all of the
information provided by the Owner (such as surveys & soil borings) to
determine if additional information and/or testing is required to properly
design the project.
4.01 F The Owner shall furnish the above information or authorize the Consultant
to provide it at cost as a reimbursable expense and as expeditiously as
possible for the orderly progress of a project development.
4.02 PROJECT MANAGEMENT:
4.02A The Director of the Department of Capital Improvement Projects shall act
on behalf of the Owner in all matters pertaining to this Agreement. The
Department of Capital improvement Programs shall issue all
Authorizations to Proceed to the Consultant. The Director of the
Department of Capital Improvement Programs and/or his designee shall
approve all invoices for payment to the Consultant.
4.02E The Department of Capital Improvement Projects shall act as liaison
between the Consultant and Owner. The Director of the Department of
Capital Improvement Projects shall designate a Project Manager from the
Department of Capital Improvement Projects staff to have general
responsibility for management of a project or task through all phases. The
Project Manager shall meet with the Consultant at periodic intervals
throughout the preparation of the Contract Documents to assess the
progress of the Work in accordance with approved schedules. The
Project Manager shall also examine documents submitted by the
Consultant, including invoices, and shall promptly render decisions and/or
recommendations pertaining thereto, to avoid unreasonable delay in the
progress of the Consultant's work.
4.02C During the construction phase, the Consultant and the Department of
Capital Improvement Projects staff shall assume the responsibilities
described in the General Conditions and Supplementary Conditions of the
Construction Contract.
4.02D If the Owner observes or otherwise
defective Work in a project, or other
Documents during the construction p
notice thereof to the Consultant.
becomes aware of any fault or
nonconformance with the Contract
bases, the Owner shall give prompt
CIP - Contract No. K- Page 26
4.03 LEGAL SERVICES, ETC.
4.03A The Owner shall furnish any available legal, accounting, insurance
counseling, and auditing services that the Consultant may require to
ascertain how or for what purposes a Contractor has used the money paid
to the Contractor under a Construction Contract, as may be required by
the Owner.
ARTICLE 5
BASIS OF COMPENSATION
5.01 PROFESSIONAL SERVICE FEES:
The Owner agrees to pay the Consultant, and the Consultant agrees to accept
for services rendered pursuant to this Agreement, fees computed by one or a
combination of the methods outlined under Sections 5.01A, 5.01 B, and 5.01C as
applicable, in the following manner:
5.01A Lump Sum:
1) The fee for a task or project may, at the option of the Owner, be a Fixed
Sum as mutually agreed upon in writing by the Owner and the Consultant
and stated in an Authorization to Proceed and/or the Work Order.
2) If a Fixed Sum is agreed upon as the "Basic Fee" for a project, payments
to the Consultant on account of the fee shall be made on a percentage of
the Basic Fee according to the Phase of the Work as indicated under
Section 6.01.
3) If the Owner authorizes an increase or decrease in the scope of the
project or the Total Authorized budget based on the budget estimate of
probable cost of the project, the Basic Fee will be adjusted as mutually
agreed upon by amending the Work Order.
It is understood that with Lump Sum Compensation, the Consultant shall
perform all services for total compensation in the amount stated above. The
City shall have no obligation or liability to pay any fee, expenditure, charge or
cost beyond the Lump Sum Compensation amount stipulated.
CIP - Contract No. K- Page 27
5.01 B Percentage of Construction Cost:
A percentage fee based on the Total Authorized Design Value of a project
said percentage being hereinafter called the "Basic Fee," as mutually
agreed upon in writing by the Owner and the Consultant and stated in an
Authorization to Proceed. if the Owner authorizes an increase or decrease
in the scope of the Project or the Total Authorized Design Value of the
Project, the Basic Fee will be adjusted as mutually agreed upon or on an
hourly basis in accordance with Schedule 1.
1) Fee Computation:
a. The Total Authorized Design Value shall be used and
identified on the Authorization to Proceed as the basis for
establishing the fee for Phases I, 11, 111, IV and V of Basic
Services.
b. If the actual construction cost is significantly increased
during the construction phase, the "Actual Construction
Cost' may be used as the basis for adjusting the fee for
Phase V of Basic Services.
The term "Actual Construction Cost" does not include any
compensation of the Consultant, the cost of the land, rights-of-way,
works of art, or other costs which are the responsibility of the
Owner.
2) It is understood that with percentage compensation the Consultant
shall perform all services for the stated percentage of the
construction cost budgeted when the contract is signed.
5.01C Hourly Rate
1) The fee shall be defined on an hourly rate as shown in Schedule 1.
2) The following Principals will be employed on this project:
Alexander A. Hockman, PE, President
Steven E. Black, PE, Region Vice President
CIP - Contract No. K- Page 28
3) Personnel directly engaged on a project by the Consultant may
include architects, engineers, designers, job captains, draftsmen,
specifications writers, and CADD operators engaged in design and
production of drawings, specifications and related documents,
construction inspection, and other services pertinent to a project
during all phases thereof.
4) Any authorized reimbursable services fee shall not include charges
for office rent or overhead expenses of any kind, including local
telephone and utility charges, office and drafting supplies,
depreciation of equipment, professional dues, subscriptions, etc.,
reproduction of drawings and specifications, mailing, stenographic,
clerical, or other employees time or travel and subsistence not
directly related to a project. The Consultant shall submit paid
invoices or documentation approved by the Project Manager for all
reimbursable requests. For all reimbursable services the
Consultant will apply the multiplier of one- (1.0) times the amount
expended by the Consultant. Owner authorized reproductions in
excess of sets required at each phase of the Work will be a
Reimbursable Service.
5) Should overtime work be necessary, and authorized in advance by
the Director of the Department of Capital Improvement Projects,
the compensation for such work shall be approved by the Director
and stated in an Authorization to Proceed.
6) It is understood that with an hourly rate fee, the fees will not exceed
the hourly salary rate shown on Schedule I and all services shall
be performed on that basis.
5.01 D Fee for Additive Alternates;
The design of additive and deductive alternates authorized by the Director
of the Department of Capital Improvement Programs will be considered a
Basic Service. The fees for alternates that are beyond the original Scope
of Work and construction budget will be calculated by one of the three
methods outlined above, as mutually agreed by the Director of the
Department of Capital Improvement Projects and the Consultant.
CIP - Contract No. K- Page 29
5.02 ADDITIONAL SERVICES REIMBURSABLES FEE:
The Consultant may be authorized to perform Additional Services for which
Reimbursable costs, as defined by this agreement, and as described under
Sections 2.02 and 2.03 respectively. The fee for such services will be computed
by one of the following methods:
a) Mutually agreeable Fixed Sum.
b) Percentage of Construction Cost in accordance with Section 5;01A.
C) Hourly Rate in accordance with Section 5.01C.
An independent and detailed Authorization to Proceed shall be required to be
issued and signed by the Director for each additional service requested by the
City. The Authorization to Proceed will specify the fee for such service and
upper limit of the fee, which shall not be exceeded, and shall comply with the
City of Miami Purchasing Ordinance, the Consultant's Competitive Negotiation
Act, and other applicable laws.
The Owner will reimburse the Consultant for authorized Reimbursable Services
pursuant to the limitations of this Agreement as verified by appropriate bills,
invoices or statements.
5.03 Absent an amendment to the agreement any maximum amounts stated for
compensation, or percentage amounts of compensation, shall not be exceeded.
In the event they are so exceeded, the City shall have no liability or responsibility
for paying any amount of such excess, which will be at Consultant's own cost
and expense.
CIP - Contract No. K- Page 30
ARTICLE 6
PAYMENTS TO THE CONSULTANT
6.01 PAYMENT FOR BASIC SERVICES:
Payments for Basic Services may be requested monthly in proportion to services
performed during each Phase of the Work. Said payments shall, in the
aggregate, not exceed the percentage of the estimated total Basic
Compensation indicated below for each Phase. The "Basic Services" standard
fee breakdown is as follows:
Phase I
Programming and Schematic Design
15%
Phase II
Design Development
20%
Phase III
Construction Document Development
40%
Phase IV
Bidding and Award of Contract
5%
Phase V
Construction Contract Administration
20%
TOTAL FEE
100%
During Phase V, partial payments may be made on a regular monthly basis
based on the construction time and punchlist period *min. 1 month) or in
accordance to the percentage amount paid on account of the Construction
Contract. If the Construction Contract Time is extended through no fault of the
Consultant, the Consultant may be compensated for any required professional
services and for expenses not otherwise compensated for in connection with
such time extensions, in accordance with Section 5.01C and Schedule 1, and as
authorized by the Director or his/her authorized representative.
6.02 PAYMENT FOR ADDITIONAL/REIMBURSABLE SERVICES
Payment for Additional Services may be requested monthly in proportion to the
services performed. When such services are authorized as an hourly rate, the
Consultant shall submit for approval by the Director of Department of Capital
Improvement Projects, a duly certified invoice, giving names, classification,
salary rate per hour, hours worked and total charge for all personnel directly
engaged on a project or task. To the sum thus obtained, any authorized
Reimbursable Services Cost may be added. The Consultant shall attach to the
invoice all supporting data for payments made to Subconsultants engaged on
the project or task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations,
submit a progress report giving the percentage of completion of the Project
development and the total estimated fee to completion.
CIP - Contract No. K- Page 31
6.03 DEDUCTIONS:
No deductions shall be made from the Consultant's compensation on account of
liquidated damages assessed against contractors or other sums withheld from
payments to contractors.
6.04 PROJECT SUSPENSION:
If a project is suspended for the convenience of the Owner for more than three
months or terminated without any cause in whole or in part, during any Phase,
the Consultant shall be paid for services authorized by an Authorization to
Proceed which were performed prior to such suspension or termination, together
with the cost of authorized reimbursable services and expenses then due and all
appropriate and applicable terminal expenses resulting from such suspension or
termination. If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to
renegotiations.
CIP - Contract No. K- Page 32
ARTICLE 7
GENERAL PROVISIONS
7.01 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and defend the Owner, its officials
and employees harmless from any and all claims, losses and causes of actions
which. may arise out of the performance of this Agreement as a result of any act
of negligence or negligent omission, recklessness, or intentionally wrongful
conduct of the Consultant or the Sub -consultants. The Consultant shall pay all
claims and losses of any nature whatsoever in connection therewith and shall
defend all project related suits, in the name of the Owner when applicable, and
shall pay all costs, including without limitation reasonable attorney's and
appellate attorney's fees, and judgments which may issue thereon. The
Consultant's obligation under this paragraph shall not be limited in any way by
the agreed upon contract price, or the Consultant's limit of, or lack of, sufficient
insurance protection and shall apply to the full extent that it is caused by the
negligence, act, omission, recklessness or intentional wrongful conduct of the
Consultants, it's agents, servants, or representatives.
Owner and Consultant acknowledge that the conditions of any construction
contract shall include language, satisfactory to the Owner's attorney, in which the
contractor agrees to hold harmless, indemnify and to defend Owner, its agents,
its officials and employees from all suits and actions, including attorney's fees,
and all costs of litigation, and/or appeals and judgments of any name and
description arising out of or incidental to the performance of the construction
contract or Work performed thereunder.
With respect to and in consideration for the indemnification provided by
Consultant in paragraphs 7.01 above, Owner agrees to pay to Consultant the
sum of $25.00 as separate and independent consideration, the sufficiency and
receipt of which is acknowledged by the Consultant. The provisions of this
section shall survive the expiration or earlier termination of this Agreement. This
indemnification shall be construed to comply with the provisions of §725.08, Fla.
Statutes, as amended, and other applicable laws.
CIP - Contract No. K- Page 33
7.02 INSURANCE
The Consultant shall not start Work under this Agreement until the Consultant
has obtained all insurance required hereunder and the Owner's Risk Manager
has approved such insurance. Should the Consultant not maintain the insurance
coverage required in this Agreement, the Owner may cancel this Agreement or at
its sole discretion, shall be authorized to purchase such coverage and charge the
Consultant for such coverage purchased. The Owner shall be under no
obligation to purchase such insurance, nor shall it be responsible for the
coverage purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage shall in no way be
construed to be a waiver of its rights under this Agreement.
7.02A INSURANCE REQUIRED
All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida and satisfactory to the
Owner's Risk Manager. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating
Guide, latest edition. The Consultant shall furnish certificates of insurance
to the Risk Management Director for review and approval prior to the
execution of this agreement. The Certificates shall clearly indicate that the
Consultant has obtained insurance of the type, amount and classification
required by these provisions, in excess of any pending claims at the time
of contract award to the consultant. No failure to renew, material change
or cancellation of, the insurance shall be effective without a 30 -day prior
written notice to and approval by the Owner.
1) Comprehensive General Liability and Automobile Liability
Coverage shall have minimum limits of $1,000,000 per Occurrence,
Combined single Limit Bodily Injury Liability and Property Damage
Liability. General Aggregated Limit shall have a minimum limit of
$2,000,000. This shall include Premises and Operations, Independent
Contractors, Products and Completed Operations, Broad Form Property
Damage, XCU Coverage, and Contractual Liability. Automobile coverage
including hired, borrowed or non -owned autos, limits of Liability, Bodily
Injury, Damage Liability for any one accident $1,000,000. The City of
Miami shall be named an additional insured on both of these coverages.
CIP - Contract No. K- Page 34
2) Professional Liability Insurance
The Consultant shall maintain Professional Liability Insurance/Errors and
Omissions coverage in the minimum amount of $1,000,000 per
occurrence, combined single limits, providing for all sums which the
Consultant shall be legally obligated to pay as damages for claims arising
out of the services performed by the Consultant or any person employed
by the Consultant in connection with this Agreement. Deductible shall not
exceed 10%. This insurance shall be maintained for at least one year
after completion of the construction and acceptance of any project
covered by this Agreement.
3) Worker's Compensation Insurance
The Consultant shall maintain Worker's Compensation Insurance in
compliance with Florida Statutes, Chapter 440 and Employee's Liability
with a minimum limit of $ 500,000 each occurrence.
Consultant shall ensure that all Subconsultants comply with these same
insurance requirements.
7.03 PERFORMANCE
7.03A Performance and Delegation
The services to be performed hereunder shall be performed by the
Consultants own staff, unless otherwise approved by the Owner. Said
approval shall not be construed as constituting an agreement between the
Owner and said other person or firm.
Consultant agrees, within fourteen (14) calendar days of receipt of a
written request from the Owner, to promptly remove and replace any
personnel employed or retained by the Consultant, or any sub -consultants
or subcontractors or any personnel of any such sub -consultants or
subcontractors engaged by the Consultant, to provide and perform
services or Work pursuant to the requirements of this Agreement, whom
the Owner shall request in writing to be removed, which request may be
made by the Owner with or without cause.
7.03B Time for Performance
The Consultant agrees to start all Work hereunder upon receipt of an
Authorization to Proceed issued by the Director of the Department of
Capital Improvement Projects and to complete each Phase within the time
stipulated in the Authorization to Proceed. Time is of the essence with
respect to performance of this Agreement.
CIP - Contract No. K- Page 35
A reasonable extension of the time for completion of various Phases will
be granted by the Owner should there be a delay on the part of the Owner
in fulfilling its part of the Agreement as stated herein. Such extension of
time shall not be cause for any claim by the Consultant for extra
compensation.
7.04 TERMINATION OF AGREEMENT
7.04A Right to Terminate
The Owner has the right to terminate this Agreement for any reason or no
reason, upon seven days' written notice. Upon termination of this
Agreement, all charts, sketches, studies, drawings, and other documents
related to Work authorized under this Agreement, whether finished or not,
must be turned over to the Owner. The Consultant shall be paid in
accordance with Section 6.04, provided that said documentation is turned
over to Owners within ten (10) business days of termination. Failure to
timely deliver the documentation shall be cause to withhold any payments
due without recourse by Consultant (until all documentation is delivered to
the City).
The Consultant shall have the right to terminate this agreement, in writing,
following breach by the City, if breach of contract has not been corrected
within sixty (60) days from the date of the City's receipt of a statement
from Consultant specifying its breach of its duties under this agreement.
7.046 Termination Due to Undisclosed Lobbyist or Agent
The Architects (or registered surveyor and mapper or professional
engineer, as applicable) warrant that he or she has not employed or
retained any company or person, other than a bona fide employee
working solely for the architect (or registered surveyor and mapper, or
professional engineer, as applicable) to solicit or secure this agreement
and that he or she has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working
solely for the architect (or registered surveyor and mapper or professional
engineer, as applicable) any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of
this agreement.
For the breach or violation of this provision, the agency shall have the
right to terminate the agreement without liability and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
C1P - Contract No. K- Page 36
ARTICLE 8
MISCELLANEOUS
8.0 MISCELLANEOUS
8.01 CONSULTANT'S ACCOUNT RECORDS
The Owner reserves the right to audit the Consultant's accounts for bills
submitted on Hourly Rate basis during the performance of this Agreement
and for five (5) years after final payment under this Agreement. The
Consultant agrees to furnish copies of any records necessary, in the
opinion of the Director, to approve any requests for payment by the
Consultant.
8.02 OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
become the property of the Owner whether the Project for which they are
made is contracted or not. The Consultant shall be permitted to retain
copies, including reproducible copies, of Drawings and Specifications for
information and reference in connection with the Owner's use and
occupancy of the Project
Failure of the Consultant to promptly deliver all such documents to the
Director within seven (7) days of cancellation , or within seven (7) days of
the documents being requested by the City, shall be just cause for the
City to withhold payment of any fees due Consultant until Consultant
delivers all such documents. Consultant shall have no recourse from
these requirements.
The Drawings and Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of this Project by
others, provided the Consultant is not in default under this Agreement,
except as provided in Article 7 or by agreement in writing and appropriate
compensation to the Consultant, in which case such drawings and
specifications may be used.
Submission or distribution to meet official regulatory requirements or for
other purposes in connection with the Project is not to be construed as
publication in derogation of the Consultant's rights.
CIP - Contract No. K- Page 37
To the extent allowed by law, Consultant agrees not to divulge, furnish or
make available to any third person, firm or organization, without Owner's
prior written consent, or unless incident to the proper performance of the
Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly
subpoenaed, any non-public information concerning the services to be
rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, sub -consultants and subcontractors to comply with
the provisions of this paragraph.
8.03 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation,
which concern or reflect its services hereunder. The records and
documentation will be retained by Consultant for a minimum of five (5)
years from the date of termination of this Agreement or the date the
Project is completed, whichever is later. Owner, or any duly authorized
agents or representatives of Owner, shall have the right to audit, inspect,
and copy all such records and documentation as often as they deem
necessary during the period of this Agreement and during the five (5) year
period noted above; provided, however such activity shall be conducted
only during normal business hours.
8.04 EXTENT OF AGREEMENT
This Agreement, as it may be amended form time to time, represents the entire
and integrated agreement between the Owner and the Consultant and
supersedes all prior negotiations, representations or agreements, written or oral.
This Agreement may not be amended, changed, modified, or otherwise altered
in any respect, at any time after the execution hereof, except by a written
document executed with the same formality and equal dignity herewith. Waiver
by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach of any provision of this Agreement.
8.05 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold,
delegated or assigned, in whole or in part, by the Consultant without the
written consent of the Owner, acting by and through its City Commission.
It is understood that a sale of the majority of the stock or partnership
shares of the Consultant, a merger or bulk sale, an assignment for the
benefit of creditors shall each be deemed transactions that would
constitute an assignment or sale hereunder requiring prior City
Commission approval.
CIP - Contract No. K- Page 38
The Consultant's services are unique in nature and any transaction will
allow the City to cancel this Agreement without cause. The Consultant
shall have no recourse from such cancellation. The City of Miami may
require bonding, other security, certified financial statements and tax
returns from any proposed Assignee and the execution of an Assignment/
Assumption Agreement in a form satisfactory to the City as a condition
precedent to considering approval of an assignment.
The Consultant and the Owner each binds one another, their partners,
successors, legal representatives and authorized assigns to the other
party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of
this Agreement.
8.06 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any
Authorization to Proceed for a project to be compensated under the Lump
Sum method the Consultant shall certify that wage rates and other factual
unit costs supporting the compensation are accurate, complete, and
current at the time of said Authorization to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant
sums by which the Owner determines the project price was increased due
to inaccurate, incomplete or non-current wage rates and other factual unit
costs. All such price adjustments will be made within 1 year following the
end of the Project.
8.07 APPLICABLE LAW AND VENUE OF LITIGATION
This agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any suit or action brought by
any party, concerning this agreement, or arising out of this agreement,
shall be brought in Miami -Dade County, Florida. Each party shall bear its
own attorney's fees except in actions arising out of Consultant's duties to
indemnify the City under Section 7.09 where Consultant shall pay the
City's reasonable attorney's fees.
8.08 CONSULTANT'S STAFF
Consultant will provide the key staff identified in their proposal for Project
as long as said key staff is in Consultant's employment.
Consultant will obtain prior written approval of Project Manager to change
key staff. Consultant shall provide Project Manager with such information
as necessary to determine the suitability of proposed new key staff.
Project Manager will act reasonably in evaluating key staff qualifications.
CIP - Contract No. K- Page 39
If Project Manager desires to request removal of any of Consultant's staff,
Project Manager shall first meet with Consultant and provide reasonable
justification for said removal.
8.09 NOTICES
Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by registered United States mail, return receipt
requested, addressed to the party for whom it is intended at the place last
specified; and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR CITY OF MIAMI:
AND
Joe Arriola, City Manager
City of Miami, City Hall
3500 Pan American Drive
Miami, FL 33133
Jorge C. Cano, Director
City of Miami
Department of Capital
Improvement Programs (GIP)
444 S.W. 2"d Ave., - 8'h FI
Miami, Florida 33130
With a copy to: Alejandro Vilarello, City Attorney
City of Miami
444 S.W. 2"d Ave., Suite 945
Miami, Fl. 33130-1910
FOR CONSULTANT:
Mark E_ Lynch, Jr. Chief Operations Officer
PROFESSIONAL ENGINEERING And
INSPECTION COMPANY, INC. (PEICO)
10125 NW 116 Way —Suite 18
Miami, FL 33178
Phone: 305-236-8100
CIP - Contract No. K- Page 40
8.10 INTERPRETATION
The language of this Agreement has been agreed to by both parties to
express their mutual intent and no rule of strict construction shall be
applied against either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way
the meaning or interpretation of this Agreement. All personal pronouns
used in this Agreement shall include the other gender, and the singular
shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence,
paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article as a whole,
including all of the subsections of such Section, unless the reference is
made to a particular subsection or subparagraph of such Section or
Article.
8.11 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City AND
Consultant and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the
parties than any other.
8.12 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision
of this Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given effect.
8.13 MEDIATION -WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may
arise during the course of the design and /or construction of the subject
project(s), and/or following the completion of the projects(s), the parties to
this Agreement agree all disputes between them shall be submitted to
non-binding mediation prior to the initiation of litigation, unless otherwise
agreed in writing by the parties. A certified Mediator, who the parties find
mutually acceptable, will conduct any Mediation Proceedings in Miami -
Dade County, State of Florida. The parties will split the costs of a certified
mediator on a 50/50 basis. The Consultant agrees to include such similar
CIP - Contract No. K- Page 41
contract provisions with all Subconsultants and/or independent
contractors and/or consultants retained for the project(s), thereby
providing for non-binding mediation as the primary mechanism for dispute
resolution.
In an effort to expedite the conclusion of any litigation the parties
voluntarily waive their right to jury trial or to file permissive counterclaims
in any action arising under this Agreement.
8.14 TIME
Time is of the essence in this Agreement.
8.15 COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws, codes, ordinances, rules,
regulations and resolutions including, without limitation, the Americans
with Disabilities Act ("ADA"), as amended, and all applicable guidelines
and standards in performing its duties, responsibilities, and obligations
related to this Agreement. The Consultant represents and warrants that
there shall be no unlawful discrimination as provided by law in connection
with the performance of this agreement.
8.16 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act ("ADA") in the course of providing any
work, labor or services funded by the City including Titles I & II of the ADA
(regarding nondiscrimination on the basis of disability) and all applicable
regulations, guidelines and standards. Additionally the Consultant shall
take affirmative steps to insure nondiscrimination in employment of
disabled persons.
8.17 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create
a joint venture, partnership or other business enterprise between the
parties. The Consultant has no authority to bind the City to any promise,
debt, default, or undertaking of the Consultant.
8.18 DISCRETION OF DIRECTOR
Any matter not expressly
decisions of the Owner
professional discretion
designee.
provided for herein dealing with the Owner or
shall be within the exercise of the reasonable
of the Director or the Director's authorized
CIP - Contract No. K- Page 42
SCHEDULEI
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI
AND
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO)
In the event the Project Fee or Additional Services are to be performed on an hourly
basis as per Section 5.01C, the hourly rate shall be a multiple of 2.9 times the direct
salary rate of the personnel engaged directly on the Project, said rate being $135
dollars per hour for the principals and the hourly salary rate of other personnel shall be
determined from salaries reported to the Director of Internal Revenue. In no case shall
the regular billing rates exceed the hourly billing rates as set for the in Schedule I
below.
HOURLY BILLING RATE SCHEDULE
Classification Hourly Billing Rate
Principal of PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC.
(AKA PEICO)
Project Manager
Registered Arch itect/Registered Engineer
Graduate Architect/Graduate Engineer
Construction Manager
Construction Inspection
Sr. Draftsman/Technical/CADD Operator
Draftsmen
Data Processing/Clerical
$ 135.00
per hour
$ 101.00
per hour
$ 92.00
per hour
$ 72.00
per hour
$ 92.00
per hour
$ 53.00
per hour
$ 63.00
per hour
$ 53.00
per hour
$ 43.00
per hour
CIP - Contract No. K- Page 43
IN WITNESS WHEREOF, the City of Miami, Florida, has caused this Agreement to be
executed by the undersigned and the seal of the City to be set hereto; and the said
Consultant has caused this Agreement to be executed by the undersigned and the seal
of the Consultant set hereto on this day and year first above written.
THE CITY OF MIAMI,
FLORIDA
r �
i
5y.
Joe A,riol , City Manager
THE CITY OF MIAMI, FLORIDA
(SEAL)
ATTEST
Priscilla A. Thompson, City glerk
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO INSURANCE
FOR THE USE AND RELIANCE OF THE REQUIREMENTS:
CITY OF MI ,)FLORIDA, ONLY.
ro Vilarello, City Attorney
Dania Carrillo,
Risk Management Administrator
CIP - Contract No. K- Page 44
RESOLUTION
ADOPTED BY BOARD OF DIRECTORS OF
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC
A FLORIDA CORPORATION
WHEREAS, there being a special meeting of the board of directors of
Professional Engineering & Inspection Company, Inc. on January 1, 2004 held in the City
of Ft. Lauderdale, State of Florida, with a quorum of the directors present, to take certain
steps to transact such business as it shall deem necessary and proper.
It was duly moved and seconded that the following resolution be adopted.-
BE
dopted:
BE IT RESOLVED that the Board of Directors of the above corporation do
hereby authorize:
Mark Lynch, Chief Operations Officer
and their successors in office to negotiate, on terms and conditions that they may deem
advisable, a contract or contracts and to execute said documents on behalf of the
corporation, and further we do hereby give him/her the power and authority to do all
things necessary to implement, maintain, amend or renew said document.
The above resolution was passed by a majority of those present and voting in accordance
with the by-laws and articles of incorporation.
I certify that the above and foregoing constitutes a true and correct copy of a part of the
minutes of a meeting of the Board of Directors held on the I st day of January 2004.
IN WITNESS WHEREOF, I have subscribed my name and affixed the seal of
the Corporation, this ?1? day of APk3:._ , Z(�4 _.
WHEN THE CONSULTANT IS A CORPORATION OR
PROFESSIONAL ASSOCIATION
ATTEST:
By:
Secretary /lirC pp�u►f E•7
Mark E. Lynch, Jr., Chief tions
Officer
PROFESSIONAL ENGINEERING &
INSPECTION COMPANY, INC. (aka PEICO)
(Corporate Seal) 0 �:`�0- L► `t
Consultant's Registration No.
WHEN THE CONSULTANT IS AN INDIVIDUAL OR PARTNERSHIP
ATTEST:
Witness:
Witness:
Legal name of Partnership
Legal name (Title, if any)
CIP - Contract No. K- Page 45
WHEN THE CONSULTANT IS A JOINT VENTURE
Legal name of firm
By:
Signature
Legal name and title
ATTEST
Witness
Witness
Legal name firm
By:
Signature
Legal name and title
Witness
Witness
CIP - Contract No. K- Page 46
INSTRUCTIONS FOR EXHIBIT "A"- "E"
Attached are the Department of Capital Improvements recommended "Professional
Services Proposal — Standard Guidelines" for a final mutually agreed upon Proposal
from the Consultant to the City of Miami. These guidelines are intended to provide a
complete understanding of the services to be provided by the Consultant for specific
projects.
The proposal will be an exhibit to the Professional Services Agreement (PSA) for
specific projects, and an exhibit to the City's Work Order for Miscellaneous Continuing
Services contracts.
The Proposal will provide the Scope of Work, budget, professional fees, proposed
schedule, and the proposed deliverables for the project.
CIP - Contract No. K- Page 47
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
The following are recommended "Standard Guidelines" for Consultants with Professional
Services Contracts with the City of Miami for Miscellaneous Projects to submit complete
proposals for doing specific projects.
The consultant should prepare proposal cover letter which includes the following:
I. Project Name and Address.
II. An Introduction and Project Background Information
III. Proposed Project's Scope of Work
IV. Indicate the City's Construction Budget and Schedule as follows:
The Construction Budget for Project Name has been allocated by the City of Miami in the total
amount of ($ ). The proposed completion time of the project is
months. PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA
PEICO) will present an Estimated Probable Construction Cost within Budget and Schedule.
The Scope of Work in the Proposal shall be as mutually agreed upon by the City of Miami and
the Consultant and per the firm's breakdown in Exhibit "A."
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) shall
provide complete professional A/E services for the following phases as indicated below:
Phase 1. Programming Schematic Design
Phase II Design Development
Phase III. Construction Documents including all permitting "Dry Runs" required by the
project
Phase IV Bidding and Negotiation
Phase V Construction Administration
The Consultant shall list the proposed Sub -Consultants and breakdown as per Exhibit "B."
PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) shall
provide a "Not To Exceed" fixed fee according with Compensation in the Professional Services
Agreement between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA
PEICO) and the City of Miami. See attached "Exhibit A" (Staff Hours), "Exhibit B" (Sub -
Consultants Staff Hours) and "Exhibit C" (Fee Breakdown by Phases).
Estimated Reimbursable Expenses shall be indicated as per the Professional Services
Agreement between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA
PEICO) and the City of Miami. See attached "Exhibit C" Provide Estimated Amount).
CIP - Contract No. K- Page 48
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
Proposed additional Services shall be indicated as per the Professional Services Agreement
between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO)
and the City of Miami. See attached "Exhibit C" (indicate Additional Services fees if known).
The professional services Proposal shall indicate the proposed Project Drawings and/or
Deliverables. See attached "Exhibit D" (indicate list of drawings to prepare).
Professional Services Proposal shall include a Project Schedule. See attached "Exhibit E."
As part of the Basic Services and after the Schematic Design Phase is complete, Presentation
drawings shall be included at no additional cost for the City of Miami. Also, two public
Presentations shall be included as Basic Services in this Proposal. The objective of these
Presentations is to show the design concept and that the most relevant design feature of the
project has been conveyed.
In General, the professional services Proposal shall be provided in accordance with the
Professional Services Agreement with the City of Miami.
CIP - Contract No. K- Page 49
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
EXHIBIT "A"
Breakdown of work effort by PROFESSIONAL ENGINEERING & INSPECTION COMPANY,
INC. (AKA PEICO) based on total Scope of Work and (A/E) Professional Services.
Total amountthis.service
CIP - Contract No. K- Page 50
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
EXHIBIT "B"
Breakdown of work effort by Sub -Consultant for PROFESSIONAL ENGINEERING &
INSPECTION COMPANY, INC. (AKA PEICO) based on total Scope of Work and Professional
Services.
Sub -Consultant Firm Name and Discipline
CIP - Contract No. K- Page 51
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
EXHIBIT "C"
Fee Schedule for 100% Complete Deliveries Submittal for PROFESSIONAL
ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO)
Phase
Total Amount
Phase 1. Programming Schematic Design
Phase Il. Design Development
Phase III. Construction Documents and Permitting
Phase IV. Bidding and Negotiation
Phase V. Construction Administration
Reimbursable Expenses "Not to Exceed" Fixed Fee
Additional Services "Not to Exceed" Fixed Fee
CIP - Contract No. K- Page 52
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
EXHIBIT "D"
Total Project Drawings and/or Deliveries for PROFESSIONAL ENGINEERING &
INSPECTION COMPANY, INC. (AKA PEICO)
Sheet Drawing Name or Activity Total Hours
Number
CIP - Contract No. K- Page 53
PROFESSIONAL SERVICES PROPOSAL
STANDARD GUIDELINES
EXHIBIT "E"
PROJECT SCHEDULE
PROFE551ONAL ENGINEERING & INSPECIIUN GUMPANY, ING. AKA PEIGU
ID # Task Name and/or Activity Description Duration Start Finish
(Days) I Date I Date
CIP - Contract No. K- Page 54