HomeMy WebLinkAboutServices AgreementPROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under
the laws of the State of held on the _day of a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of held on the —day of a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner, shall be the
official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Partner:
Print:
Names and addresses ofpartners:
Name Street Address City State Zip
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PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_
Signed:
Print:
STATE OF
COUNTY OF
The foregoing instrument
20 , by _
known to me or who has produced.
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
NOTARIZATION
) SS:
was acknowledged before me this day of
who is personally
as identification and who
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PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural Design Services shall include, but are not limited to, complete planning and design services,
programming, surveying, geotechnical, feasibility studies, options evaluations, public meetings, irrigation,
lighting, electrical, landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of
probable construction cost, preparation of bid and construction documents, review of work prepared by
Sub -consultants and other consultants, field investigations and observations, construction contract
administration, as -built documentation and other related architectural and engineering services as needed
to complete the Projects. Consultant shall provide comprehensive professional Architectural and
Engineering services for the Project for which Consultant was selected in accordance with Section 287.055
Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA).
A1.01 WORK ORDERS
A1.01-1 Selection for Work Order Assignment
Selection of CONSULTANT for individual Work assignments will be made as follows:
• DIRECTOR or designee will identify consultants currently under contract for a particular assignment
based on their qualifications and experience relative to the subject Work assignment, and may
consider other factors such as current and/or previous City Work Order assignments
• Should negotiations fail, the DIRECTOR will request a Work Order Proposal from another firm, until an
agreement can be reached
■ Following successful negotiations, the DIRECTOR will issue a WORK ORDER and a purchase order to
CONSULTANT for the Work
A1.01-2 Procedure
When a specific project has been determined, the Director or his/her authorized designee, will
request, in writing where practicable, a proposal from the CONSULTANT based on the proposed scope of
work. The CONSULTANT and Director, and others if appropriate, may have preliminary meetings, if
warranted, to further define the Scope Of Work and to resolve any questions regarding the proposed
Project. The CONSULTANT shall then prepare a written "Work Order Proposal" for the required
Professional Services generally following the guidelines attached hereto as Schedule A2, indicating the
proposed scope of services, time of performance, proposed fees, SUB-CONSULTANTs, deliverable items
and/or documents, and funding and/or estimated construction cost, if provided by CITY.
Any matters of concern regarding the CONSULTANT's proposal shall be negotiated until concurrence
as to a Work Order is reached. If accord cannot be reached, the CITY may terminate negotiations and
may request a Work Order Proposal from another qualified CONSULTANT under contract with CITY, or
secure such services through other means available to it under law.
When consensus is reached, the CONSULTANT shall prepare a revised and final Work Order
Proposal which will be attached and incorporated to the WORK ORDER authorized by the DIRECTOR.
The WORK ORDER shall first be executed by the CONSULTANT as "Accepted and Approved." The Work
Order is then approved by the City Manager, DIRECTOR and/or other duly authorized representative(s) of
CITY by the City Manager. When the WORK ORDER is fully executed, written "Notice to Proceed" will be
issued by the DIRECTOR and/or his/her designated designee.
A1.02 SCOPE OF SERVICES
The CONSULTANT agrees to provide comprehensive professional services in accordance with all applicable law
and building regulations, including the Florida Building Code and the City of Miami, Florida, Code of Ordinances, and
as set forth in this Agreement and further enumerated in a Work Order. CONSULTANT may be required to perform
all or some of the services presented in this Agreement, depending on the needs of the CITY for a particular Project.
Consultant shall furnish, as Basic Services, comprehensive professional services for the Projects including, but not
limited to complete planning and design services, programming, surveying, geotechnical, feasibility studies, options
evaluations, public meetings, irrigation, lighting, electrical, landscaping, parking analysis, detailed facility
assessments, cost estimates, opinions of probable construction cost, preparation of bid and construction documents,
review of work prepared by Sub -consultants and other consultants, field investigations and observations,
construction contract administration, and as -built documentation.
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PROFESSIONAL SERVICES AGREEMENT
Professional services will be limited to providing architectural and engineering services for the design of various
recreational facilities as further described in Attachment Al.
A1.03 NON EXCLUSIVE RIGHT
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 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 CITY reserves at all times the
right to perform any and all Professional Services in-house, or with other private professional architects or engineers
as provided by Section 287.055, Florida Statutes, as amended, (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 any Work
required by the CITY. Outside of this Agreement, the CONSULTANT may submit proposals and/or qualifications for
any professional services which the CONSULTANT is qualified to perform in response to any public solicitation
issued by CITY.
A1.04 PAYMENTS
The CITY will pay the CONSULTANT a separate stipulated amount for each Work Order issued, in accordance
with provisions and limitations of Attachment B. 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.
ARTICLE A2 ARCHITECTURAL DESIGN SERVICES
WORK in this category may include any or all of the services described below.
ARTICLE A2.01 BASIC SERVICES
Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the
tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county
and City of Miami, Florida, Codes and Ordinances; including all civil engineering, structural engineering,
architectural, mechanical/plumbing engineering, electrical engineering and landscape design services normally
required for a project of an architectural nature. Consultant shall maintain an adequate staff of qualified personnel on
the Work at all times to ensure its performance as specified in the Agreement.
Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under
Article A2, without additional charge, for review and approval by City. Consultant shall not proceed with the next task
of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the
next task has been issued by City.
These services, hereinafter referred to as "Basic Services" are summarized as a task list in Attachment A2
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to
develop several options for how the various elements of the project will be designed and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of City, the
Project Manager, and other jurisdictional agencies in order to comprehensively identify aspects of the completed
facility program that may require further refinement to attain the requisite detail of design development required
to begin the creation of Construction Documents. For clarity of scope, the items that need further development
will be called Conceptuals and the remaining items will be called Designs.
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in presentations to
multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation
materials.
A2.01-4
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PROFESSIONAL SERVICES AGREEMENT
Consultant shall hire a surveyor to provide a certified survey of the sites. Such survey shall include the location
of all site structures including all utility structures and facilities. Consultant shall also engage a soil testing firm to
perform soil borings and other tests required for new construction work. The extent to which this work will be
needed shall be based on the surveying and soil borings performed previously by the City. Cost of the surveyor
and soil engineering firm shall be billed as reimbursable expenses.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a
Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of
any special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development
Schedule and review of Constructability Review reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and
all other elements required by City or Project Manager to show the scale and relationship of the
components and design concepts of the whole. The floor plans may be single -line diagrams. A simple
perspective rendering or sketch, model or photograph thereof may be provided to further show the design
concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI) format, to
include a summary of the estimated project cost and an evaluation of funding allocation. Such summary
shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees,
general conditions and construction contingency. Such evaluation shall comprise a brief description of the
basis for estimated costs per each element and similar project unit costs. Costs shall be adjusted to the
projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated
costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds
allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a
reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local
construction industry.
3. The Project Development Schedule shall show the proposed completion date of each task of the Project
through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design stages
deemed necessary by the Project Manager. Consultant shall provide five additional deliverable plan sets for
distribution, by City, to others for this purpose. There shall be an established deadline for review report
submission back to City. Consultant shall provide written responses to all comments within two weeks and
shall maintain files of all related review reports and response reports. If necessary, City may coordinate
Constructability Review meetings with some or all of the reviewers with Consultant present to discuss
specific issues. In addition to the Constructability Review process mentioned above, City reserves the right
to conduct a Peer Review of the project documents at any design stage. Cost of such a Peer Review would
be borne by City. Any findings as a result of said Peer Review would be addressed by Consultant, and if
requested by City, would be incorporated into the design documents, at no additional cost to City and no
extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral
presentations, if requested, for approval by City, separate Design Development Documents, updated Project
Development Schedules, updated Statements of Probable Construction Costs and a review of Constructability
Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections),
outline specifications, and other documents.
2. Design Development consists of continued development and expansion of architectural and/or civil
Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of
each element through:
2.1 Plan sections and elevations
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PROFESSIONAL SERVICES AGREEMENT
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone of each
Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all
long lead procurement items and architecturally significant equipment that will need to be purchased prior to
the completion of Construction Documents.
4. Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction
Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that
particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its
documentation, at no additional cost to the City, to reflect this reduced scope.
5. Constructability Review reports.
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final
Construction Documents setting forth all design drawings and specifications needed to comprise a fully
biddable, permittable, constructible Project.
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City,
which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included
in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated
drawing sheets necessary to fully define the Project.
2. The updated Project Development Schedule to include an outline of major construction milestone activities
and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved additive and/or
deductive alternate bid items, to permit City to award a Construction Contract within the limit of the
budgeted amount.
5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed. Documents submittal shall also include all sections of Divisions "0" and "1".
6. Consultant shall include, and will be paid for, City -requested alternates outside of the established Project
scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with
alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction
Cost.
7. Consultant shall not proceed with further construction document development until approval of the 30%
documents is received in writing from City. Approval by City shall be for progress only and does not relieve
Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained
in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes
to the documents necessary in response to the review commentary. The 30% Documents review (check)
set shall be returned to City upon submission of 60% complete Construction Documents and Consultant
shall provide an appropriate response to all review comments noted on these previously submitted
documents.
A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City
may establish and communicate to the Consultant a maximum sum for the cost of construction of the Project
("Maximum Cost Limit"), If the City has not advertised for bids within ninety (90) days after the Consultant
submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant.
Notwithstanding anything above to the contrary, the City 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 City if all
responsive and responsible bids received exceed the Maximum Cost Limit.
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PROFESSIONAL SERVICES AGREEMENT
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for building permits at the earliest practicable time during the
performance of the Work, the necessary portions of the Contract Documents for approval by City, County, State
and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to approval by the
Department of the 100% complete Review Set and printing of the Contract Documents. The Consultant shall
promptly, at any time during the performance of the Work hereunder, advise the City of any substantial
increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant
is caused by the requirement(s) of such
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 Bid Documents Approvals and Printing
Upon obtaining all necessary approvals of the Construction Documents, from authorities having jurisdiction,
acceptance by the City of the 100% Construction Documents and latest Statement of Probable Construction
Cost, the Consultant shall assist the City in obtaining bids, preparing and awarding the construction contract.
The City, for bidding purposes, will have the bid documents printed, or, at its own discretion, may authorize such
printing as a reimbursable service to the Consultant.
A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of Bidders
2. The Consultant shall assist the City in the preparation of responses to questions if any are required during
the bidding period. All addendum or clarifications, or responses shall be issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective
bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall
attend all any pre-bid meeting(s) and require attendance of Subconsultants at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05.3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and the
preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total
Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project, or additional
compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The
Consultant shall, without additional compensation, modify the Construction Documents as necessary to
bring the Probable Construction Cost based on such revisions within the Total Authorized Construction
Budget. The City may exercise such option where the bid price exceeds 10% of the Fixed Construction
Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting
bids.
4. Suspend, cancel or abandon the Project.
NOTE: Under item 3(3) above the Consultant shall, without additional compensation, modify the Construction
Documents as necessary to bring the Probable Construction Cost within the budgeted amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
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PROFESSIONAL SERVICES AGREEMENT
The Construction Phase will begin with the award of the construction contract and will end when the Consultant
has provided to the City all post construction documents, including Contractor As -Built drawings, Consultant's
record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been
delivered to the City and the City approves the final payment to the Consultant. During this period, the
Consultant shall provide administration of the construction contract as provided by this Agreement, and as
provided by law.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall
advise and consult with the City and shall have the authority to act on behalf of the City to the extent
provided in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2.06-3
The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a minimum on
a weekly basis, and at all key construction events; to. ascertain the progress of the Project and shall visit the site
as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if
the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits
necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be
provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the
Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or
Subconsultants 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 will be responsible for writing minutes of all meetings and field inspections report it is asked to
attend, as well as the distribution of the minutes. Consultant and Subconsultants will not be held responsible for
construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in
connection with the Work. The Consultant and his/her Subconsultants will not 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 unless such failure of performance results from the Consultant's acts or omissions.
A2.06-4
The Consultant shall furnish the City with a written report of all observations of the Work
made by Consultant and require all Subconsultants to do same during each visit to the Project. The
Consultant shall also note the general status and progress of the Work, on forms furnished by the City, and
submit them in a timely manner. The Consultant and the Subconsultants shall ascertain that the Work is
acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making timely,
accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to
the monthly Professional Services payment request for construction administration services. The
Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the
rejection of payment requests and may result in a proportional reduction in Construction Administration fees
paid to the Consultant.
A2.06-5
Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due the Contractor based on the pay for performance milestones and shall
recommend approval of such amount as appropriate. This recommendation shall constitute a representation
by the Consultant to the City 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 and
the Contractor is entitled to amount stated on the requisition subject to:
1. a detailed evaluation of the Work for conformance with the contract upon substantial completion;
2. the results of any subsequent tests required by the contract;
3. minor deviations from the contract correctable prior to completion;
4. any specific qualifications stated in the payment certificate and further that the Contractor is entitled to
payment in the amount agreed upon at a requisition site meeting or as stated on the requisition.
Prior to recommending payment to the Contractor, the Consultant wilt prepare a written statement to the City
on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's
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PROFESSIONAL SERVICES AGREEMENT
Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall
not be cause for delay in timely payment to the Contractor. 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 money paid on account of the Construction
Contract Sum.
A2.06-6
The Consultant shall be the 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 upon written request of either the City or the Contractor, and shall render written decisions,
within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the
City and the Contractor relating to the execution or progress of the Work. 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.
A2.06-7
The Consultant shall have the authority to recommend rejection of Work, which does not conform to the
Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or
advisable to insure compliance with the Contract Documents, the Consultant will have the 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/or delivered to the Project, or installed and
completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract
Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of
Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days form receipt of shop
drawings, samples, BFI's or other submittals by the Contractor, to return the shop drawings or submittals to the
Contractor with comments indicating either approval or disapproval. Consultant shall provide the Contractor with
a detailed written explanation as to the basis for rejection.
A2.06-9
The Consultant shall initiate and prepare required documentation for changes as required by the Consultants
own observations or as requested by the City, and shall review and recommend action on proposed changes.
Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall,
within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along
with an analysis and/or study supporting such recommendation.
A2.06-10
The Consultant shall examine the Work upon receipt of the Contractor's request for
substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project
is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction
with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in
the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735. Upon
satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final
Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon
satisfactory completion of all items on the punch list all necessary closeout documentation from the
Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment,
releases of liens/claims and such other documents and certificates as may be required by applicable codes,
law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor.
A2.06-11
The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its
contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or
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PROFESSIONAL SERVICES AGREEMENT
system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of
the Project to assure a smooth transition from construction
to occupancy by the City.
A2.06-12
The Consultant shall furnish to the City the original documents, including drawings, revised to "as -built"
conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the
"as -built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor,
including the Contractor's record drawings. Any certification required under this Agreement including the
contents of "as -built" documents are conditioned upon the accuracy of the information and documents provided
by the construction contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request
for Information", substitution approvals, or other clarifications will be the Consultant's responsibility to
incorporate into the "as -built" and record documents. Changes .made in the field to suit field conditions, or
otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record
Set" and transferred to the original contract documents by the Consultant. The original documents as well as the
"Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be
furnished to the City free of charge by the Consultant.
A2.06-13
The Consultant shall furnish to the City one complete set of "As -built Drawings", in Auto
CADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built" conditions with
graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square
footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36"
sheets and one electronic copy.
A2.06-15
The Consultant assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project.
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A2.07 Time Frames for Completion. The following time frames are sequential from the date of the Notice to
Proceed. A concurrent project timeline is attached as Schedule A5.
Roberto Clemente Park Design Elements
Development of Objectives
Schematic Design
Design Development
30% Construction Documents
60% Construction Documents
90% Construction Documents
Final Construction Documents
Dry — Run Permitting
Bidding and award of Construction Contract
Construction Contract Administration
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE A3 ADDITIONAL SERVICES
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are normally
considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work
Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as
provided in Attachment B, Section 83.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the
following:
A3.02-1
Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of
prospective sites. Surveys of the existing structure required to complete as -built documentation are not
additional services.
A3.02-2
Design of Non-Proiect Facilities: Design services relative to future facilities, systems and equipment which are
not intended to be constructed as part of a specific project.
A3.02-3
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or
inventories in connection with construction performed by City.
A3.02-4
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-5
Extended Testing & Training: 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 City'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. Provide Commissioning Services as part of systems start-up.
A3.02-6
Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope
of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and
are due to causes beyond the control of Consultant. (Major revisions are defined as those changing the Scope
of Work and arrangement of spaces and/or scheme and/or any significant portion thereof).
A3.02-7
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration proceeding
or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the
course of this Agreement.
A3.02-8
Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in
accordance with generally accepted architectural/engineering practice related to construction.
Page A-25
PROFESSIONAL SERVICES AGREEMENT
A3.03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional recreational facility projects relating to the Project. Such
additional site amenity projects may include:
Additional Parking Lot
Pump Station Enclosure/Screening
Other Elements
Design services shall be provided in accordance with Article A3.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional
Services and consist of actual, direct expenditures made by Consultant and the Sub -consultant for the purposes
listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under
this Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager, long
distance telephone, courier and express mail between Consultant's various permanent offices and Sub -
consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or
of Consultant's part of the work, set forth in this Agreement.
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by Program
Manager.
A4.01-3
Permit Fees: 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 Consultant.
A4.01-4
Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4.02 SUB -CONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -consultant's
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 City and requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement may require, shall furnish Consultant with the
information described below, or, if not readily available, may authorize Consultant to provide such information as an
Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing
structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions,
easements, boundaries, and topographic data of a building site, and existing utilities information regarding
sewer, water, gas, telephone and/or electrical services.
Page A-26
PROFESSIONAL SERVICES AGREEMENT
A5.01-2
Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests
when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City.
A5.01-3
General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms,
formats, and assistance required establishing a program as per Section A2.02
Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as-
builts availability. However, such drawings, if provided, are not warranted to represent conditions as of the date
of receipt. Consultant must still perform field investigations as necessary in accordance with Section A2.01 to
obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements,"
as defined, must be authorized in advance.
A5.01-4
Threshold Inspection shall be provided by the City. Consultant shall assist the City in procuring Threshold
inspection services.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4 above, shall be
furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness
thereof, provided Consultant has reviewed all such information to determine if additional information and/or
testing is required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-1
During construction, Consultant and the City staff shall assume the responsibilities described in the general
conditions and supplementary conditions of the construction contract relating to review and approval of the
construction work by the Contractor.
A5.03-2
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant.
A5.04 LEGAL AND OTHER SERVICES
City shall avail itself to any legal, accounting, insurance counseling, and auditing services that it may require to
ascertain how or for what purposes a Contractor has used the money paid under the construction contract, as may
be required by City.
Page A-27
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A
SCOPE OF WORK
SCHEDULE Al. - SUBCONSULTANTS
FIRM NAME I CONSULTING FIELD
Curtis & Rogers Design Studio, Inc. I Landscape Architecture
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
Marcel R. Morlote, AIA
Principal in Charge
Aris Garcia, AIA
Project Manager/Lead Designer
Raul J. Estevez
Quality Control
Rafael Labrada, AIA
Architectural Coordinator
Subhash Jethi, AIA
Project Architect
Aida Sanchez -Gomez, RA
Project Designer
Rafael Guissarri, RA
Project Architect
Carlos Arredondo
Techincal Staff
Gustavo Alberti
Technical Staff
Jose Aldir
Technical Staff
Pablo Valin
Tecnical Staff
Sigfredo Casal
Cost Estimator
Mario H. Gutierrez, P.E.
Engineering Coodinator
Page A-28
PROFESSIONAL SERVICES AGREEMENT
Joseph Styrsky, P.E
Mechanical Engineer
Elvira Pita
Plumbing Design
Gina Duenas
Techincal Staff (Plumbing)
Richard Nodarse, P.E.
Electrical Engineer
Fernando P. Orti, P.E.
Electrical Engineering
Gilbert Pichardo
Technical Staff (Electrical)
Jorge Maldonado, P.E.
Civil Engineer
Roberto Cardona
Technical Staff (Civil Engineering)
Page A-29
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE A3 - RESERVED
Reserve — 4 pages
Page A•30