HomeMy WebLinkAboutExhibitPROPESSIONAL SERVICES AGREEMENT
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CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Project (if applicable)
CONSULTANT
Construction Engineering Observation Services
Continuing Services for Miscellaneous Projects
Miscellaneous Horizontal and Vertical Projects
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 4
ARTICLE 2 GENERAL CONDITIONS 5
2.01 TERM: 5
2.02 OPTION TO EXTEND: 5
2.03 SCOPE OF SERVICES 5
2.04 COMPENSATION 5
ARTICLE 3 PERFORMANCE 5
3.01 PERFORMANCE AND DELEGATION 5
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 5
3.03 CONSULTANT KEY STAFF 5
3.04 TIME FOR PERFORMANCE 6
ARTICLE 4 SUBCONSULTANTS 6
4.01 GENERAL 6
4.02 SUB -CONSULTANT RELATIONSHIPS 6
4.03 CHANGES TO SUBCONSULTANTS 6
ARTICLE 5 DEFAULT 6
5.01 GENERAL 6
5.02 CONDITIONS OF DEFAULT 6
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE 6 TERMINATION OF AGREEMENT 7
6.01 CITY'S RIGHT TO TERMINATE 7
6.02 CONSULTANTS RIGHT TO TERMINATE 7
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 7
ARTICLE 7 DOCUMENTS AND RECORDS 7
7.01 OWNERSHIP OF DOCUMENTS ' 7
7.02 DELIVERY UPON REQUEST OR CANCELLATION 7
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 8
ARTICLE 9 INSURANCE 8
9.01 COMPANIES PROVIDING COVERAGE 8
9.02 VERIFICATION OF INSURANCE COVERAGE 8
9.03 FORMS OF COVERAGE 8
9.04 MODIFICATIONS TO COVERAGE 9
ARTICLE 10 MISCELLANEOUS 9
10.01 AUDIT RIGHTS 9
10.02 ENTIRE AGREEMENT 9
10.03 SUCCESSORS AND ASSIGNS 9
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 9
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10
10.06 MEDIATION - WAIVER OF JURY TRIAL 10
10.07 NOTICES 10
10.08 INTERPRETATION 10
10.09 JOINT PREPARATION 10
CIP Contract No. Page 1
TABLE OF CONTENTS (CONTINUED)
10.10 PRIORITY OF PROVISIONS 10
10.11 TIME 10
10.12 COMPLIANCE WITH LAWS 11
10.13 NO PARTNERSHIP 11
10.14 DISCRETION OF DIRECTOR 11
10.15 RESOLUTION OF CONTRACT DISPUTES: 11
10.16 INDEPENDENT CONTRACTOR: 11
ATTACHMENT A - SCOPE OF WORK 1
ARTICLE Al GENERAL 1
A1.01 RANGE OF SERVICES 1
A1.02 WORK ORDERS 1
A1.03 NON-EXCLUSIVE RIGHT 2
A1.04 PAYMENTS 2
A1.05 LENGTH OF SERVICE: 2
ARTICLE A2 ADDITIONAL DEFINITIONS 2
ARTICLE A3 ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT: 3
ARTICLE A4 ITEMS FURNISHED BY THE CONSULTANT: 3
ARTICLE A5 LIAISON• 4
ARTICLE A6 REVIEW OF CONSULTANT PERFORMANCE: 4
ARTICLE A7 ACTIVITIES AND TASKS FOR THE WORK 4
ARTICLE A8 PERSONNEL 9
SCHEDULE Al. - SUBCONSULTANTS 11
SCHEDULE A2. - KEY STAFF 11
SCHEDULE A3. - WORK ORDER 12
ATTACHMENT B - COMPENSATION AND PAYMENTS 1
ARTICLE B1 MANNER OF COMPENSATION 1
B1.01 COMPENSATION LIMITS 1
B1.02 CONSULTANT NOT TO EXCEED 1
ARTICLE B2 COMPENSATION RATES 1
B2.01 FEE BASIS 1
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 1
B2.03 MULTIPLIER 1
B2.04 CALCULATION 1
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 1
B2.06 ESCALATION 1
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 2
B3.01 LUMP SUM: 2
B3.02 HOURLY RATE FEES 2
B3.03 PERCENTAGE OF CONSTRUCTION COST: 2
B3.04 REIMBURSABLE EXPENSES 3
B3.05 FEES for ADDITIONAL SERVICES 3
B3.06 PAYMENT EXCLUSIONS 3
B3.07 FEES RESULTING FROM PROJECT SUSPENSION 3
ARTICLE B4 PAYMENTS TO THE CONSULTANT 3
B4.01 PAYMENTS GENERALLY 3
B4.02 BILLING - HOURLY RATE 3
B4.03 DEDUCTIONS 4
ARTICLE B5 REIMBURSABLE EXPENSES: 4
B5.01 GENERAL 4
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 4
SCHEDULE B1 - COMPENSATION RATES 5
CITY Contract No. Page 2
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Project (if applicable)
CONSULTANT
Consultant Office Location
City Authorization
Construction Engineering Observation Services
Continuing Services for Miscellaneous Projects
Miscellaneous Horizontal and Vertical Projects
Resolution No. Adopted December 9, 2004
THIS AGREEMENT made this day of in the year 2004 by and
between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Indigo Service
Corporation , hereinafter called the "CONSULTANT."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. on for the
provision of Construction Engineering Observation Services
on a continuing basis for miscellaneous projects ("Services") and CONSULTANT's proposal
("Proposal"), in response thereto, was selected as one of the most qualified for the provision of
said 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.
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, 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, to provide the professional services as described
herein.
WITNESSETH, that the CITY and the CONSULTANT, for the considerations herein set
forth, agree as follows:
CITY Contract No. Page 3
ARTICLE 1 DEFINITIONS
1.01 ADDITIONAL SERVICES: Any Work
defined as such in a Work Order, secured in
compliance with Florida Statutes and City Code.
1.02 ATTACHMENTS: The Attachments to this
Agreement are expressly incorporated by reference
and made a part of this Agreement as if set forth in
full.
1.03 BASE FEE: The amount of compensation
mutually agreed upon for the completion of Basic
Services.
1.04 BASIC SERVICES: Those services
designated as such in a Work Order.
1.05 CITY COMMISSION: The legislative body of
the City of Miami.
1.06 CITY MANAGER: The duly appointed chief
administrative officer of the City of Miami.
1.07 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 "OWNER"
or "CITY". For the purposes of this Agreement,
"CITY" without modification shall mean the CITY
MANAGER.
1.08 CONSULTANT: The individual, partnership,
corporation, association, joint venture, or any
combination thereof, of properly registered
professional architects, landscape architects and/or
engineers, which has entered into the Agreement to
provide professional services to the CITY.
1.09 CONTRACTOR: An individual, partnership,
corporation, association, joint venture, or any
combination thereof, which has entered into a
contract with the CITY for construction of City
facilities and incidentals thereto.
1.10 DIRECTOR: The Director of the City
Department designated herein who has the authority
and responsibility for managing the specific project or
projects covered under this Agreement. Unless
otherwise specified herein or in a Work Order, for the
purpose of this Agreement, the Director is the top
PROFESSIONAL SERVICES AGREEMENT
administrator of the Department of Capital
Improvements and Transportation or designee.
1.11 INSPECTOR: An employee of the City or of a
consulting firm hired by the City and assigned by the
CITY to make observations of Work performed by a
Contractor.
1.12 NOTICE TO PROCEED: Same as
"Authorization to Proceed." A duly authorized written
letter or directive issued by the Director or Project
Manager acknowledging that all conditions precedent
have been met and/or directing that CONSULTANT
may begin work on a Project or a specific task of a
Project as outlined in the SCOPE of WORK of a
WORK ORDER.
1.13 PROJECT MANAGER: An employee or
representative of the CITY assigned by the Director to
manage and monitor the Work to be performed under
this Agreement and the construction of a project as a
direct representative of the CITY.
1.14 PROJECT: The construction, alteration and/or
repair, and all services and incidentals thereto, of a
City facility as contemplated and budgeted by the
CITY. The PROJECT or PROJECTS shall be further
defined in the SCOPE OF SERVICES and/or Work
Order issued pursuant to this Agreement.
1.15 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 "architectural/
engineering services" or "professional services", as
applicable, which are within this definition.
1.16 RISK ADMINISTRATOR: The City's Risk
Management Administrator, or designee, or the
individual named by the City Manager to administer
matters relating to insurance and risk of loss for the
City.
1.17 SCOPE OF WORK: A comprehensive
description of the activities, tasks, design features,
objectives, deliverables and milestones required for
the completion of Project or an assignment with
sufficient detail to allow a reasonably accurate
estimation of resources necessary for its completion.
1.18 SUBCONSULTANT: A person or
organization of properly registered professional
architects, landscape architects, engineers,
registered surveyor or mapper, and/or other
professional specialty that has entered into a written
CITY Contract No. Page 4
PROFESSIONAL SERIVCES AGREEMENT
agreement with the CONSULTANT to furnish
specified professional services for a Project or task.
1.19 COMPENSATION RATES: The effective
amount payable to CONSULTANT and/or SUB -
CONSULTANT, on a daily or hourly rate basis, for
employees in the specified professions and job
categories assigned to provide services under this
Agreement that form the basis for professional fees
regardless of actual manner of compensation.
1.20 WORK ORDER: A written document issued
by the CITY to the CONSULTANT authorizing the
performance of specific professional services for a
defined Project or Projects providing sufficient detail
of the Scope of Work, including the identified tasks,
deliverables, time for completion, and the amount of
compensation authorized for such services. The
Work Order form provided herein may be amended
by the CITY during the term of this Agreement.
1.21 WORK: also known as the Scope of Work, the
task(s) identified in a Work Order
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be for three (3)
year(s) commencing on the effective date hereof.
This specified term is intended for administrative and
budget control purposes and is not to be considered
or interpreted as a time limitation.
2.02 OPTION TO EXTEND:
The CITY, by action of the CITY MANAGER, shall
have the option to extend the term for 2 additional
period(s) of one (1) year(s) each, subject to continued
satisfactory performance as determined by the
Director, and to the availability and appropriation of
funds. City Commission authorization of this
Agreement includes delegation of authority to the
CITY MANAGER to administratively approve said
extensions provided that the compensation limits set
forth in 2.04 are not exceeded.
2.03 SCOPE OF SERVICES
CONSULTANT agrees to provide the Services as
specifically described and under the special terms
and conditions set forth in Attachment "A" hereto,
which by this reference is incorporated into and made
a part of this Agreement.
2.04 COMPENSATION
2.04-1 Compensation Limits
The amount of compensation payable by the CITY to
CONSULTANT shall generally be a lump sum or not
to exceed fee, based on the rates and schedules
establised in Attachment B hereto, which by this
reference is incorporated into this Agreement;
provided, however, that in no event shall the amount
of compensation exceed Seven Hundred -Fifty
Thousand dollars ($750,000.00) in total over the term
of the Agreement and any extension(s), unless
explicitly approved by action of the CITY
COMMISSION and put into effect by written
amendment to this Agreement.
2.04-2 Payments
Unless otherwise specifically provided in Attachment
B, payment shall be made within forty five (45) days
after approval of CONSULTANT'S invoice, which
shall be accompanied by sufficient supporting
documentation and contain sufficient detail, to allow a
proper audit of expenditures, should City require one
to be performed. If CONSULTANT is entitled to
reimbursement of travel expenses, then all bills for
travel expenses shall be submitted in accordance
with Section 112.061, Florida Statutes.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The services to be performed hereunder shall be
performed by the CONSULTANTs own staff, unless
otherwise provided in this Agreement, or approved by
the CITY. Said approval shall not be construed as
constituting an agreement between the CITY and said
other person or firm.
3.02 REMOVAL OF UNSATISFACTORY
PERSONNEL
DIRECTOR may make written request to
CONSULTANT for the prompt removal and
replacement of 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. The CONSULTANT shall respond to
CITY within fourteen (14) calendar days of receipt of
such request with either the removal and replacement
of such personnel or written justification as to why
that may not occur. All decisions involving personnel
will be made by CONSULTANT.
3.03 CONSULTANT KEY STAFF
The parties acknowledge that CONSULTANT was
selected by CITY, in part, on the basis of
qualifications of particular staff identified in
CONSULTANT's response to CITY's solicitation,
hereinafter referred to as "Key Staff'. CONSULTANT
shall ensure that Key Staff are available for Work
hereunder as long as said Key Staff is in
CONSULTANT's employ. CONSULTANT will obtain
prior written approval of Director or designee to
change Key Staff. CONSULTANT shall provide
Director, or designee with such information as
necessary to determine the suitability of proposed
new Key Staff. Director will act reasonably in
evaluating Key Staff qualifications.
CITY Contract No. Page 5
PROFESSIONAL SERIVCES AGREEMENT
3.04 TIME FOR PERFORMANCE
The CONSULTANT agrees to start all Work
hereunder upon receipt of a Notice to Proceed issued
by the DIRECTOR and to complete each assignment,
task or phase within the time stipulated in the Notice
to Proceed. Time is of the essence with respect to
performance of this Agreement.
A reasonable extension of the time for completion of
various assignments, tasks or phases will be granted
by the CITY should there be a delay on the part of the
CITY in fulfilling its obligations under this Agreement
as stated herein. Such extension of time shall not be
cause for any claim by the CONSULTANT for extra
compensation.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A SUB -CONSULTANT is a person or
organization of properly registered professional
architects, landscape architects, engineers,
registered surveyors or mapper, and/or other
qualified professional who has entered into a
written agreement with the CONSULTANT to
furnish professional services under this
Agreement, that was identified as part of the
consulting team in the competitive selection
process by which CONSULTANT was chosen to
perform the services under this Agreement, and
as such, is identified and listed in Schedule Al
attached hereto and incorporated by reference.
4.01-2 A Specialty SUB -CONSULTANT is a
person or organization that has, with the consent
of the DIRECTOR, entered into a written
agreement with the CONSULTANT to furnish
unique and/or specialized professional services
necessary for a project or task described under
Additional Services. Such Specialty Sub -
Consultant shall be in addition to those identified
in Schedule Al .
4.02 SUB -CONSULTANT RELATIONSHIPS
4.02-1 All services provided by the
SUBCONSULTANTS shall be performed
pursuant to appropriate written agreements
between the CONSULTANT and the SUB-
CONSULTANTs, which shall contain provisions
that preserve and protect the rights of the CITY
under this Agreement.
4.02-2 Nothing contained in this Agreement
shall create any contractual or business
relationship between the CITY and the
SUBCONSULTANTS. The CONSULTANT
acknowledges that SUBCONSULTANTS are
entirely under his direction, control, supervision,
retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The CONSULTANT shall not change any SUB -
CONSULTANT listed in Schedule Al without prior
written approval by the Director, 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 5 DEFAULT
5.01 GENERAL
If CONSULTANT fails to comply with any term or
condition of this Agreement, or fails to perform any of
its obligations hereunder, then CONSULTANT shall
be in default. Upon the occurrence of a default
hereunder, the CITY, in addition to all remedies
available to it by law, may immediately upon written
notice to CONSULTANT terminate this Agreement
whereupon all payments, advances, or other
compensation paid by the CITY to CONSULTANT
while CONSULTANT was in default shall be
immediately returned to the City. CONSULTANT
understands and agrees that termination of this
Agreement under this section shall not release
CONSULTANT from any obligation accruing prior to
the effective date of termination.
In the event of termination due to default, in addition
to the foregoing, CONSULTANT shall be liable to the
City for all reasonable and unmitigatable costs and
expenses incurred by the CITY in the re -procurement
of the Services, including consequential and
incidental damages. In the event of Default, CITY
may also suspend or withhold reimbursements and/or
payments from CONSULTANT until such time as the
actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of Default and subsequent termination for
cause may include, without limitation, any of the
following:
5.02-1 CONSULTANT fails to obtain the
insurance or bonding herein required.
5.02-2 CONSULTANT fails to comply, in a
substantial or material sense, with any of its
duties under this Agreement, with any terms or
conditions set forth in this Agreement or in any
agreement it has with the CITY, beyond the
specified period allowed to cure such default.
5.02-3 CONSULTANT fails to commence
the WORK within the time provided or
contemplated herein, or fails to complete the
WORK in a timely manner as required by this
Agreement and/or stated in a WORK ORDER
issued pursuant to this Agreement.
CITY Contract No. Page 6
PROFESSIONAL SERIVCES AGREEMENT
5.03 TIME TO CURE DEFAULT; FORCE
MAJEURE
CITY shall provide written notice to CONSULTANT as
to a finding of default, and CONSULTANT shall take
all necessary action to cure said default within thirty
(30) days of receipt of said notice, after which time
the CITY shall terminate the Agreement. The CITY
MANAGER may, in his sole discretion, grant one
extension of not more than thirty (30) additional days
in total to perform any required cure if CONSULTANT
provides written justification deemed reasonably
sufficient by CITY MANAGER.
Should any such failure on the part of CONSULTANT
be due to a condition of Force Majeure as that term is
interpreted under Florida law, then CITY may allow an
extension of time reasonably commensurate with the
cause of such failure to perform or cure.
ARTICLE 6 TERMINATION OF
AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The CITY has the right to terminate this Agreement
for any reason or no reason, upon ten (10) 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 CITY. The CONSULTANT shall be paid in
accordance with provisions of Attachment B, provided
that said documentation is turned over to CITY 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.
6.01-1 This Agreement may be cancelled
when, in the opinion of the City Commission,
termination is necessary to protect the interests
of public health, safety or general welfare.
6.01-2 CONSULTANT shall have no
recourse or remedy from a termination made by
the CITY except to retain the fees already
disbursed or owing for work in progress for
services rendered though and including the
effective date of termination as compensation for
the WORK performed in complete compliance
with the Agreement, as full and final settlement of
any claim, action, demand, cost, charge or
entitlement it may have, or will, have against the
CITY, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
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.
6.03 TERMINATION DUE TO
UNDISCLOSED LOBBYIST OR AGENT
CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT
to solicit or secure this 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 CONSULTANT 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 CITY
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.
ARTICLE 7 DOCUMENTS AND
RECORDS
7.01 OWNERSHIP OF DOCUMENTS '
All tracings, plans, drawings, specifications, maps,
computer files, and/or reports prepared or obtained
under this Agreement, as well as all data collected,
together with summaries and charts derived
therefrom, wall be considered works made for hire
and will become the property of the CITY upon
completion or termination of the Agreement without
restriction or limitation on their use, and will be made
available, on request, to CITY at any time during the
performance of such services and/or upon completion
or termination of this Agreement. CONSULTANT shall
not copyright any material and products or patent
any invention developed under this Agreement. The
CITY shall have the right to visit the site for inspection
of the work and the products of CONSUTLANT at any
time. The CONSULTANT shall be permitted to retain
copies, including reproducible copies, solely for
information and reference in connection with the
CITY's use and occupancy of the Project
7.02 DELIVERY UPON REQUEST OR
CANCELLATION
Failure of the CONSULTANT to promptly deliver all
such documents to the Director within ten (10) days
of cancellation, or within ten (10) days of request 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.
CITY Contract No. Page 7
PROFESSIONAL SERIVCES AGREEMENT
7.03 RE -USE BY CITY
It is understood that all CONSULTANT agreements
and/or Work Orders for include the provision for the
re -use of plans and specifications, including
construction drawings, at the CITY's sole option, and
by virtue of signing this agreement CONSULTANT
agrees to such re -use in accordance with this
provision without the necessity of further approvals,
compensation, fees or documents being required and
without recourse for such re -use. The CONSUTLANT
will not be liable for use by the CITY of plans,
documents, studies, or other data for any purpose
other than that intended by the terms and conditions
of this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, CONSULTANT agrees
not to divulge, furnish or make available to any third
person, firm or organization, without CITY'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.
7.05 MAINTENANCE OF RECORDS
CONSULTANT will keep adequate records and
supporting documentation, which concem or reflect
its services hereunder. Records subject to the
provisions of Public Record Law, Florida Statutes
Chapter 119, shall be kept in accordance with statute.
Otherwise, the records and documentation will be
retained by CONSULTANT for a minimum of three (3)
years from the date of termination of this Agreement
or the date the Project is completed, whichever is
later. CITY, or any duly authorized agents or
representatives of CITY, 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
three (3) year period noted above; provided, however
such activity shall be conducted only during normal
business hours.
ARTICLE 8 INDEMNIFICATION
The CONSULTANT shall hold harmless, indemnify
and defend the CITY, 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 CITY 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 CONSULTANTS
limit of, or lack of, sufficient insurance protection and
shall apply to the full extent that it is caused by the
negligence, negligent act or omission, recklessness
or intentional wrongful conduct of the CONSULTANT,
its agents, servants, or representatives. This section
will be construed to conform to Section 725.08
Florida Statues.
ARTICLE 9 INSURANCE
The CONSULTANT shall not start Work under this
Agreement until the CONSULTANT has obtained all
insurance required hereunder and the CITY's Risk
Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies
authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator.
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.
9.02 VERIFICATION OF INSURANCE
COVERAGE
The CONSULTANT shall fumish certificates of
insurance to the Risk Administrator 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.
CONSULTANT shall maintain coverage with equal or
better rating as identified herein for the term of this
contract. CONSULTANT shall provide written notice
to the City's Department of Risk Management of any
material change, cancellation and/or notice of non -
renewal of the insurance within 30 days of the
change. CONSULTANT shall furnish a copy of the
insurance policy or policies to the Risk Administrator
within ten (10) days of written request.
CONSULTANT shall furnish copies of
policies pertaining to this Agreement
ADMINISTRATOR within ten (10) days
request.
insurance
to RISK
of written
9.03 FORMS OF COVERAGE
9.03-1 Comprehensive General Liability and
Automobile Liability
Coverage shall have minimum limits of
$1,000,000 per Occurrence, Combined single
CITY Contract No. Page 8
PROFESSIONAL SERIVCES AGREEMENT
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.
9.03-2 Professional Liability Insurance
The CONSULTANT shall maintain Professional
Liability Insurance including Errors and
Omissions coverage in the minimum amount of
$1,000,000 per claim, 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. This insurance shall be maintained
for at least one year after completion of the
construction and acceptance of any project
covered by this Agreement.
9.03-3 Worker's Compensation Insurance
The CONSULTANT shall maintain Worker's
Compensation Insurance in compliance with
Florida Statutes, Chapter 440, as amended, and
Employee's Liability with a minimum limit of
$500,000 each occurrence.
9.03-4 Sub -Consultant Compliance
CONSULTANT shall ensure that all Sub-
CONSULTANTs comply with these same
insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The RISK ADMINISTRATOR or his/her authorized
designee reserves the right to require modifications,
increases, or changes in the required insurance
requirements, coverage, deductibles or other
insurance obligations by providing a thirty (30) day
written notice to the Consultant in accordance with
§10.07 herein. CONSULTANT shall comply with such
requests unless the insurance coverage is not then
readily available in the national market, and may
request additional consideration from City
accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The CITY reserves the right to audit the
CONSULTANT's accounts during the performance of
this Agreement and for three (3) 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.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to
time, represents the entire and integrated agreement
between the CITY 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.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shalt not be
transferred pledged, sold, delegated or assigned, in
whole or in part, by the CONSULTANT without the
written consent of the CITY, 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 approval.
The CONSULTANTs services are unique in nature
and any transference without CITY COMMISSION
approval shall be cause for the CITY to cancel this
Agreement. The CONSULTANT shall have no
recourse from such cancellation. The City 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 Attorney as a condition precedent to considering
approval of an assignment.
The CONSULTANT and the CITY 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.
10.04 TRUTH -IN -NEGOTIATION
CERTIFICATE
In compliance with the CONSULTANT'S Competitive
Negotiation Act, for any 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 Notice to
Proceed. The original Project price and any addition
thereto will be adjusted to exclude any significant
sums by which the CITY determines the project price
CITY Contract No. Page 9
PROFESSIONAL SERIVCES AGREEMENT
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.
10.05 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
CONSULTANTs duties to indemnify the City under
ARTICLE 8 where CONSULTANT shall pay the City's
reasonable attomey's fees.
10.06 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 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.
10.07 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:
City Manager
City of Miami, City Hall
3500 Pan American Drive
Miami, FL 33133
AND
Deputy Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 8th FI
Miami, Florida 33130
With a copy to:
City Attorney
City of Miami
444 S.W. 2nd Ave., Suite 945
Miami, FI. 33130-1910
FOR CONSULTANT:
Indigo Service Corporation
ATTN: PRINCIPAL
3195 SW 3rd Avenue, Second Floor
Miami, FL 33129-2711
10.08 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.
10.09 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.
10.10 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.
10.11 TIME
Time is of the essence in this Agreement.
CITY Contract No. Page 10
PROFESSIONAL SERIVCES AGREEMENT
10.12 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.
10.12-1 Non -Discrimination
CITY warrants and represents that it does not
and will not engage in discriminatory practices
and that there shall be no discrimination in
connection with CONSULTANTs performance
under this Agreement on account of race, color,
sex, religion, age, handicap, marital status or
national origin. CONSULTANT further covenants
that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, religion,
age, handicap, marital status or national origin,
be excluded from participation in, be denied
services, or be subject to discrimination under
any provision of this Agreement.
10.12-2 OSHA COMPLIANCE AND
JOBSITE SAFETY
The CONSULTANT warrants that it will comply
with all safety precautions as required by federal,
state or local laws, rules, regulations and
ordinances. The CITY reserves the right to
refuse CONSULTANT access to CITY property,
including project jobsites, if CONSULTANT
employees are not properly equipped with safety
gear in accordance with OSHA regulations or if a
continuing pattern of non-compliance with safety
regulations is exhibited by CONSULTANT.
Jobsite safety is the responsibility of the
Contractor. However, it is the responsibility and
obligation of all parties, including CONSULTANT,
to serve notice to the Contractor if a condition or
situation is observed that presents a hazard.
10.12-3 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.
10.13 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.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing
with the CITY or decisions of the CITY shall be within
the exercise of the reasonable professional discretion
of the Director or the Director's authorized designee.
10.15 RESOLUTION OF CONTRACT
DISPUTES:
CONSULTANT understands and agrees that all
disputes between it and the City based upon an
alleged violation of the terms of this Agreement by
the City shall be submitted to the City Manager for
his/her resolution, prior to CONSULTANT being
entitled to seek judicial relief in connection therewith.
Should the amount of compensation hereunder
exceed $500,000, the City Manager's decision shall
be approved or disapproved by the City Commission.
CONSULTANT shall not be entitled to seek judicial
relief unless:
(i) it has first received City Manager's written
decision, approved by the City Commission
if applicable, or
(ii) a period of sixty (60) days has expired after
submitting to the City Manager a detailed
statement of the dispute, accompanied by all
supporting documentation, or a period of
(90) days has expired where City Manager's
decision is subject to City Commission
approval; or
(iii) City has waived compliance with the
procedure set forth in this section by written
instrument(s) signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Provider has been procured and is being engaged to
provide services to the City as an independent
contractor, and not as an agent or employee of the
City. Accordingly, Provider shall not attain, nor be
entitled to, any rights or benefits under the Civil
Service or Pension Ordinances of the City, nor any
rights generally afforded classified or unclassified
employees. Provider further understands that Florida
Workers' Compensation benefits available to
employees of the City are not available to Provider,
and agrees to provide workers' compensation
insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the
availability of funds and continued authorization for
program activities and the Agreement is subject to
amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon
thirty (30) days notice.
CITY Contract No. Page 11
PROPESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST
CONSULTANT, Indigo Service
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONSULTANT Secretary
(Affirm CONSULTANT Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Joe Arriola, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Dania Carrillo, Administrator
Risk Management Department
Jorge L. Fernandez, City Attorney
CIP Contract No.
Page 12
PROPESSIONAL 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, 1 have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
State
Zip
CIP Contract No.
Page 13
PROPESSIONAL 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)
business as (d/b/a)
executed and am bound by the terms of the Agreement to which
IN WITNESS WHEREOF, I have hereunto set my hand this
Signed:
Print:
, individually and doing
(If Applicable) have
this attestation is attached.
day of , 20_
NOTARIZATION
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CIP Contract No.
Page 14
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
This scope of work describes the requirements for providing Construction Engineering and Observation (CEO) for
the City of Miami. The Consultant will provide engineering and technical personnel on an as needed basis to the
City of Miami. The personnel will provide Construction Engineering and Observation (CEO) for the administration of
miscellaneous construction projects throughout the city and other work in the support of the City's construction and
maintenance programs.
The CONSULTANT agrees to provide the specified 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 enumerated
in a Work Order.
All work performed by the Consultant's staff shall utilize effective control procedures, in accordance and in
conformity with the plans, specifications, and contract provisions for such projects. The Consultant shall identify a
Consultant Project Manager that will be the City's primary contact, provide the engineering and technical personnel
meeting the requirements set forth in ARTICLE A8 of this Scope of Work, and assure that the responsibilities
assigned herein are effectively carried out. All services shall be performed in accordance with the established
standard procedures and practices of the City of Miami and as identified in the Scope of Services. Prior to furnishing
any services, the Consultant shall be familiar with the City's standard procedures and practices for construction
engineering and observation used by the City.
The Consultant will utilize the City's program/project management software, the Miami Program Controls System
(MPCS), to track and report all construction related work, costs, claims, and schedule, and other relative field
information for each project assigned to the Consultant.
Examples of tasks and work requirements are provided in ARTICLE A7, herein. Specific tasks will vary according to
project assignments. Generally, the Consultant shall provide Verification Testing and Inspection, and Construction
Engineering and Observation Services as defined herein to assure that work is being constructed in reasonable
conformity with the plans, specifications, and Contract provisions. Testing labs, where required, shall be certified in
accordance to Florida Department of Transportation standards.
A1.01 RANGE OF SERVICES
The CONSULTANT shall furnish the professional services specifically authorized by the Work Order, which services
may encompass one or more professional disciplines. The services may include but are not limited to field
investigations, observations, cost estimates, opinions of probable cost, construction contract administration,
construction engineering inspections, review of work prepared by other CONSULTANTs, and other professional
services that may be required. A Work Order for a Project may identify tasks as being included under Basic
Services, Additional Services, and/or Reimbursable Services.
A1.02 WORK ORDERS
A1.02-1 Selection of CONSULTANT for Assignments
Selection of CONSULTANT for individual Work assignments will be made as follows: For projects where
construction is valued at $1,000,000 or less, DIRECTOR or designee will examine previously submitted
credentials of consultants currently under contract for this type of work and will select one firm based on its
qualifications and experience relative to the subject Work assignment, the availability of CONSULTANT staff,
and may consider other factors such as current and/or previous City Work Order asignments. The selected firm
will be asked to submit a Work Order Proposal, in the form provided in Schedule A3, and to commence
negotiations with DIRECTOR for the Work
For projects where construction is valued at over $1,000,000, selection of CONSULTANT will be made as
follows:
• DIRECTOR or designee will identify three (3) consultants currently under contract for a particular
assignment or groups of assignments based on their qualifications and experience relative to the
subject Work assignment(s), and may consider other factors such as current and/or previous City Work
Order assignments and the avalability of CONSULTANT staff
• DIRECTOR or designee will hold a discussion with each of the three (3) desginated consultants and
determine the suitability of each for the subject Work, in rank order
CIP Contract No. Page A-1
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
• The top -ranked firm will be asked to submit a Work Order Proposal, in the form provided in Schedule
A3, and to commence negotiations with DIRECTOR for the Work
• Should negotiations fail, the DIRECTOR will request a Work Order Proposal from the next ranked
firm(s), in rank order, 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
A1.02-2 PROCEDURES
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 A3, 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 CONSULTANTs 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 representative(s) of CITY duly authorized 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 designee.
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 CONSULTANTs time or services
in connection with the preparation of any proposal or for any Work done in the absence of an executed Work Order,
Notice to Proceed and Purchase Order.
A1.05 LENGTH OF SERVICE:
The Consultant services for each Work Order shall begin upon written notification to proceed by the City
of Miami. While no personnel shall be assigned until written notification by the City has been issued, the
Consultant shall be ready to assign personnel within two weeks of notification.
ARTICLE A2 ADDITIONAL DEFINITIONS
A2.01 Construction Program Manager: City staff or the entity designated by the Contract Administrator authorized to
coordinate, direct, and review, on behalf of the City, all matters related to the construction and maintenance
program. The Construction Program Manager will provide supervision for, and direction to, the City's Construction
Project Managers.
A2.02 Construction Project Manager: The City staff member or the entity designated by the Contract Administrator
or Construction Program Manager authorized to coordinate, direct, and review on behalf of the City, all matters
related to specific construction projects. Duties and responsibilities of the City's Construction Project Manager shall
be similar to those defined for the "Construction Project Manager and Resident Engineer" in FDOT's Construction
Project Administration Manual (CPAM).
CITY Contract No. Page A-2
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
A2.03 Construction Training/Qualification Program (CTQP): The City program for training and qualifying technicians
in Aggregates, Concrete, Earthwork, and Asphalt. The University Of Florida Transportation Research Center (TRC)
administers this program. Program information is available at CTQP website.
A2.04 Contract Administrator: The City's Contract Administrator shall mean the Director of Public Works, or an
individual appointed in writing by the Director of Public Works, who shall be the City's ranking managerial employee
relative to the Project
A2.05 Consultant Project Manager: The lead consultant employee responsible for the day-to-day operations and
administration of the work under the Consultant contract. The Consultant Project Manager will be the liaison
between the Construction Project Manager and Consultant's employees.
A2.06 Miami Program Control Systems (MPCS): Software utilized by the City to manage, document and track
Public Works and CIP projects. The Program interacts with the daily construction monitoring through the use of
Personal Digital Assistant's (PDA's) which shall be furnished by the Consultant.
A2.07 Verification Testing and Inspection: Level of testing and inspection as defined in the latest versions of the
Florida Department of Transportation (FDOT) Standard Specifications (Red Book) and FDOT's Construction Project
Administration Manual (CPAM).
A2.08 General Construction Observation and Testing for Vertical Construction: Minimum requirements for
construction observation, administration and documentation for vertical/facility type projects. Material testing and
approvals for site work and concrete materials are also required.
ARTICLE A3 ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT:
A3.01 The City will identify the Construction Program Manager and Construction Project Managers for each specific
construction contract or Work Order
A3.02 The City will provide the Miami Program Control Systems Software (MPCS) and train Consultant staff on its
use.
A3.03 The City will furnish the following contract documents for each project or projects that consultant will be
responsible for providing CEO services. These documents may be provided in either paper or electronic format.
A3.03-1 Construction Plans, Contract Documents
A3.03-2 City's Standard Specifications for Road and Bridge Construction, or Standard Specifications for
Facility Construction, if applicable
A3.03-3 General Conditions and Special Provisions
A3.03-4 Copy of the Executed Construction Contract.
ARTICLE A4 ITEMS FURNISHED BY THE CONSULTANT:
A4.01 FDOT Documents:
All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction,
shall be provided by the Consultant. Most, if not all, FDOT documents, specifications, directives, procedures, and
standard forms are available through the FDOT's Internet website.
A4.02 Vehicles:
Vehicles used in the field by inspectors will be suitable for their intended purpose and will be equipped with
appropriate safety equipment. Vehicles shall have the name and phone number of the consulting firm visibly
displayed.
A4.03 Field Equipment:
The Consultant or Consultant's Sub consultant shall supply survey, inspection, and testing equipment in order to
carry out the scope of work, and other items as determined by the Construction Program Manager. Quality and
quantity of such items is to meet the Construction Project Manager's approval.
Hard hats and other appropriate safety gear will be provided to all field personnel. Hard hats shall have the name of
the consulting firm visibly displayed.
CITY Contract No. Page A-3
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
Computers, Personal Digital Assistant's (PDA's), printers, and other related hardware as required to operate and
utilize MPCS will be provided by the Consultant.
Such equipment includes those non -consumable and non -expendable items, which are normally needed for a CEO
project and are essential in order to carry out the scope of work.
Equipment described herein under this section will remain the property of the Consultant.
The Consultant's handling of nuclear density gauges shall be in compliance with their license.
The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this
work.
A4.04 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating
testing equipment when licenses are required. The Consultant shall make the license and supporting documents
available to the City of Miami, for verification, upon request. Radioactive Materials License for use of Surface
Moisture Density Gauges shall be in compliance with FDOT's requirements
ARTICLE A5 LIAISON:
The Consultant shall be fully responsible for carrying out all functions necessary to provide construction engineering
and observation services on construction projects. The Consultant will be the City's representative during the
construction phase of the projects and all communications to the contractor will be given through the Consultant.
The Consultant shall immediately advise the Construction Project Manager of any omissions, substitutions, defects,
and deficiencies noted in the work of the Contractor and the corrective action taken.
The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the work
with the Construction Project Manager. Upon request this information shall be made available to the Construction
Program Manager. All activities and decisions of the Consultant relating to the projects shall be subject to review by
the Construction Program Manager.
ARTICLE A6 REVIEW OF CONSULTANT PERFORMANCE:
The City may review the Consultant's performance to determine compliance with the scope and to confirm that
construction work and administrative activities are performed in reasonable conformity with the City's policies, plans,
specifications, and contract provisions. The Consultant shall cooperate and assist the City's representatives in
conducting the reviews. If deficiencies are indicated, the Consultant shall implement remedial action immediately.
The City of Miami's recommendations and Consultant responses/actions are to be properly documented by the
Consultant Project Manager. Remedial actions and required response times may include but are not necessarily
limited to the following:
Further subdivide assigned responsibilities, reassign personnel, or assign additional personnel, within one
week of notification.
Replace personnel whose performance has been determined by the City to be inadequate. Personnel
whose performance has been determined to be unsatisfactory shall be removed immediately.
• Immediately increase the frequency of job control testing in phases of work that are the Consultant's
responsibility.
• Increase the scope and frequency of all training conducted by the Consultant.
ARTICLE A7 ACTIVITIES AND TASKS FOR THE WORK
A7.01 General:
General Requirements and responsibilities of the Consultant are provided in ARTICLE Al of this scope of work.
Requirements and activities to be undertaken by CONSULTANT shall be as specified in each Work Order assigned
pursuant to the terms and conditions of this Agreement. The City's may direct the contractor to utilize a Contractor
Quality Control program as defined in FDOT's Standard Specifications (Red Book) for road and bridge projects. The
Consultant shall provide Verification Testing and Inspection for all assigned projects unless otherwise directed in a
Work Order.
CITY Contract No. Page A-4
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
A7.02 Construction Engineering Observation Services:
The Consultant shall perform all engineering services necessary to properly coordinate the activities of all parties
involved in completing the project. These include maintaining complete and accurate records of all activities and
events relating to the project; properly documenting all significant project changes; interpreting plans, specifications,
and construction contract provisions; making recommendations to the City to resolve disputes; and maintaining an
adequate level of surveillance of contractor activities.
All documentation will comply with standard City procedures, formats, and content. The Consultant shall obtain the
Construction Project Manager's approval for all procedures and processes.
Services include, but are not limited to, the following:
A7.02-1 Meetings: Schedule and attend, within ten (10) days after the Notice to Proceed, a pre -service
conference (pre-coonstruction meeting) for the project in accordance with City's procedure. The Consultant shall
provide appropriate staff to attend and participate in the pre -service meeting.
The Consultant shall record a complete and concise record of the proceedings of the pre -service meeting and
distribute copies of this summary to the participants and other interested parties within seven (7) days. The
Consultant shall submit packages for personnel approval for immediate staff needs and a copy/computer file of
the final projected staffing to the Construction Program Manager, either at this meeting or within seven (7) days.
A7.02-2 Monitor Contractor: Assure that the Contractor is conducting inspections, preparing reports and
monitoring all storm water pollution prevention measures associated with the project. For each project that
requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed
the "Florida Storm water, Erosion, and Sedimentation Control Training and Certification Program for Inspectors
and Contractors." The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL
REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits
for Storm water Discharges from Construction Sites" and guidelines developed by the City.
A7.02-3 Problem Resolution: Analyze problems that arise on a project and proposals submitted by the
Contractor, prepare and submit recommendations to the Construction Project Manager, and process the
necessary paperwork.
A7.02-4 Payment Review: Produce reports; verify quantity calculations, and field measure for payment
purposes as required.
A7.02-5 Traffic Control: Responsible for review of Work Zone traffic control plan design, implementation,
and inspection of maintenance of traffic schemes and devices in work zones to assure they are in accordance
with the City's requirements.
A7.02-6 Public Information: Provide Public Information services as required to support the City and assist
in managing inquiries from the public, public officials, and the news media. Prepare fact sheets for intemal
distribution as requested. The Construction Program Manager shall approve all notices, newsletters, brochures,
responses to news media, etc., prior to release.
A7.02-7 Project Journal: Maintain a detailed electronic diary with accurate records of the Contractor's
operations, quantities, testing data, and of significant events that affect the work utilizing the City's MPCS, using
PDA's. Submit to the Construction Project Manager a daily construction report utilizing the City's MPCS.
A7.03 Horizontal Construction - Verification Sampling and Testing
The Consultant shall perform sampling and testing in accordance with the requirements defined in the applicable
project specifications and standards, such as Verification Sampling and Testing as defined in the latest versions of
the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction (Red
Book) and FDOT's Construction Project Administration Manual (CPAM).
A7.03-1 Plant Inspection & Material Sampling - The Consultant and/or the Consultant's lab will perform
plant inspection and sampling of materials and components at remote locations (from the vicinity of the project)
in accordance with the applicable requirements.
A7.03-2 Job Control Samples - The Consultant shall be specifically responsible for job control samples
determining the acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, FDOT label, FDOT stamp, etc.
A7.03-3 Sample Transport - The Consultant shall be responsible for transporting samples, cylinders,
beams, etc. to an approved laboratory for testing. The laboratory shall not be the same laboratory the
contractor is using for their acceptance testing.
CITY Contract No. Page A-5
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
A7.03-4 Documentation: Documentation reports on sampling and testing shall be submitted to responsible
parties during the same week that the construction work is done. The Consultant will input verification testing
information and data into the City's MPCS, using PDA's on a daily basis, or as otherwise directed by the
Construction Project Manager. Designated Consultant personnel will be provided instructions for performing
this task.
A7.04 Horizontal Construction - Verification Inspection Services
The Consultant shall monitor the Contractor's on -site construction activities and inspect materials entering into the
work as required to assure that the work is completed in reasonable conformity with the plans, specifications, and
other Construction Contract provisions. Unless otherwise directed by City, all verification inspections shall be in
accordance with the requirements of the latest versions of the Florida Department of Transportation (FDOT)
Standard Specifications (Red Book) and FDOT's Construction Project Administration Manual (CPAM).
A7.05 Vertical Construction - General Construction Observation and Testing:
The Consultant shall observe, record and report the Contractor's work progress to determine that the Work is in
general conformance with the requirements of the Contract Documents. This shall inslucde, without limitation,
documenting activity observed making note of deficiencies and issues requiring resolution; noting construction
deficiencies and punch list items; making photograph or video records of construction as deemed necessary, label
and log photos and videotapes.
A7.05-1 Site Conditions Review
Review site conditions during construction to determine that the Contractor is maintaining site -related items in
accordance with the Contract Documents. Document any deficiencies and notify the Contractor and the
Construction Project Manager.
A7.05-2 Structural Subqrade Review
Verify that acceptable subgrade preparation is provided for all structures prior to any concrete placement.
Obtain written verification from the soils engineer and/or testing lab representative that subgrade is ready to
receive concrete for foundations and structural slabs on grade.
A7.05-3 Soils Testing
Coordinate the observation of backfill, compaction and perform all required testing. Monitor reports of
compaction densities for structural backfill, trench backfill, and general site backfill to ascertain minimum
specified densities are achieved. Review all tests results submitted to verify compliance with specified
requirements, and maintain project log. Verify areas of failing compaction are corrected to specified criteria.
A7.05-4 Concrete Testing
Coordinate and perform sampling and testing of concrete and monitor concrete test reports to ascertain
specified strengths are achieved. Follow up non -passing tests and evaluate to determine structural implications
for the affected construction.
A7.05-5 Project Meetings
Administer weekly project meetings with appropriate team members in attendance. Prepare and distribute
meeting minutes to attendees. Note changes and/or corrections and insure all attendees approve minutes at
subsequent weekly meetings.
A7.05-6 Stored Material/Equipment Review
Review stored materials and/or equipment for quantity determination for Contractor payment and to verify that
equipment and/or materials are adequately protected until installed. Coordinate with Contractor to facilitate
review of major items prior to unloading and storage. Regularly review Contractor's storage areas to determine
compliance with the Contract Documents. Notify the Contractor of any damaged or improperly stored materials.
Adjust payments properly for damaged or improperly stored equipment.
A7.05-7 Project Photo and Video Documentation
Utilize project video and still photo camera equipment to document construction, video meetings, and record
operation and maintenance training session. Develop and maintain a logging system to enable easy retrieval of
visual information. Coordinate taping of operator training sessions, major meetings and major construction
events.
A7.05-8 Record Drawing Review
CITY Contract No. Page A-6
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
Throughout the course of the project, review as -recorded drawings to verify the Contract Drawings are noted to
reflect actual construction. Review monthly status of as -recorded drawings and verify for monthly pay
applications. Refer to Field Order and CPR logs to identify areas of construction revision. Notify Contractor in a
timely fashion of deficiencies noted. Provide follow up to verify Contractor brings as -recorded drawing status up-
to-date.
A7.05-9 Develop A Progressive List of Items Requiring Correction
Develop and provide to Contractor an on -going list of items requiring correction to encourage the timely
correction of noted construction deficiencies. Monitor construction throughout the project duration and identify
deficient items. Provide Contractor with an updated list at monthly construction meetings. As deficiencies are
corrected, revise the list by deleting corrected items. Distribute the list updates to authorized parties.
A7.05-10 Manufacturer's O&M Training Review
Review the quantity and quality of specified manufacture's training and associated O&M manuals. Review
Contract Documents with the Contractor to establish which equipment requires training and the number of hours
required. Review manufacturer's training outlines and materials for completeness. Observe training sessions to
verify both field and classroom training is provided. Collect and log operator equipment training certification
forms.
A7.05-11 Notification of Accident Damage/Injury
Document any observations made of property damage or personal injury accidents on site and provide a written
report to the Construction Project Manager. Require lost -time accident reports at construction meetings.
A7.05-12 Contract Interpretations and Modifications
Receive, log and coordinate reviews and responses to Contractor's requests for informationfinterpretations
(RFI's). Responses to RFI's are required to Contractor within seven (7) days. Prepare and issue Response
Letters, Field Orders, or Change Proposal Requests as required.
A7.05-13 Administration of Changed Work
Administer required changes in the Work. Track changes from initiation through completion. Estimate cost and
time impacts, and assist with negotiation of changes in contract time and cost. Prepare change orders to
incorporate changes within Contract Documents. Evaluate project on a continual basis to determine when
changes are required. Initiate necessary changes in the form of Change Proposal Requests. Review costs
presented on Change Proposal Requests by Contractor. Assist with negotiation of final pricing as required.
Assemble approved Change Proposal Requests periodically into Change Orders. Include justification
documents with each Change Order. Maintain current status log of all Change Proposal Requests and Change
Orders. Review as recorded drawings to verify changes in work are reflected as applicable. Review pay
requests to verify Change Order items are broken out and that payment is not made until work is complete.
A7.05-13(a) Field Orders
Provide coordination and review to identify the need for minor changes in the Work consistent with the
design intent, and issue Field Orders to communicate the details of the minor changes involving no change
in Contract Time or Contract Price.
A7.05-13(b) Coordinate and Issue Change Proposal Requests (CPR'S)
Provide coordination and review to identify needed changes in the Work consistent with the design intent
that involve changes in contract price and/or time, and issue CPR's to communicate the details of the
changes and request pricing by the Contractor. Collect technical information and evaluate proposed
change. Prepare technical description of the CPR using necessary graphic details and specifications.
Prepare Engineer's Opinion of Cost and evaluation of impact on Contract Time.
A7.05-13(c) Work Change Directives
Issue Work Change Directives, as required, to authorize changed or extra Work to proceed on a time and
material basis when Change Proposal Request finalization is not expedient or possible. Observe time and
material work and reconcile T&M costs with Contractor on a daily basis. Finalize WCD's when associated
work is completed in an appropriate Change Order.
A7.05-13(d) Change Orders
Coordinate the combining of Change Proposal Requests, Work Change Directives and Field Orders into
Change Orders, and assemble the documentation, prepare the Change Order package and circulate for
CITY Contract No. Page A-7
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
execution by the Consultant, Contractor and Construction Project Manager. Update CPR and Change Order
Togs and provide status reports tracking the execution of Change Orders.
A7.05-14 Measurement and Payment
Review and approve the Contractor's Schedule of Values (cost breakdown) to establish a reasonably balanced
distribution of costs to the various elements of the total construction to serve as a basis for progress payments
and determination of cost impact of changes. Notify Contractor with either letter of acceptance or letter of
rejection noting exceptions to obvious or apparent areas of unbalanced costs.
A7.05-15 Review and Process Contractor's Applications for Payment
Receive and review draft application for payment prepared by the Contractor, and note and attempt to reconcile
discrepancies between Engineer's estimate of progress and Contractor's application. Review draft application
for payment in comparison to measured or estimated quantities. Make notations of deficient work not
recommended for payment until corrected; deletion of payment for stored materials and/or equipment which do
not have approved shop drawings and/or proper invoices; reduction of value for partially completed items
claimed as complete. Return a copy of the reviewed draft to the Contractor. Meet with Contractor to reconcile
discrepancies. Review revised application for payment and, if appropriate, advise Contractor to submit the
required number of copies. Forward copies to the Construction Project Manager for processing.
A7.05-16 Project Closeout
Receive and review Contractor's required substantial completion submittal, and determine if Project is ready for
substantial completion inspection. Develop substantial completion submittal checklist and perform the following
activities: verify submittal of all required documents; review Contractor Record Drawings; perform drafting of
Record Drawing revisions on reproducible set and transmit to the Construction Project Manager; review other
substantial completion submittal documents for completeness and compliance with Contract provisions; and
schedule substantial completion inspection.
A7.05-17 Conduct Substantial Completion Inspection
Coordinate, conduct and document the substantial completion inspection. Notify all project team members of
date of substantial completion inspection. Prepare and distribute the punchlist format to the parties conducting
the inspection. Review progress of corrective action on punch list items, periodically update, and re -issue.
Identify tentative date of substantial completion, and prepare and issue Certificate of Substantial Completion
with a list of stated qualifications (punch list).
A7.05-18 Document Project Warranties
Furnish written notification of the start of the warranty period to define for all parties the ending date of the
period for which the Contractor is responsible for repairing deficient project materials and equipment.
A7.05-19 Final Completion
Receive and review the Contractor's required final completion submittal. Develop final completion submittal
checklist. Verify submittal of all required documents and review for completeness and compliance with Contract
provisions. Notify Construction Project Manager, Contractor and other effected parties of date of final inspection.
Coordinate, attend and conduct the final inspection meeting and physical walk-through of the Project.
A7.05-20 Final Payment
Collect all documents required and forward along with the Contractors Final Application and Certificate for
Payment to the Construction Project Manager for processing.
Finalize all project costs and determine the final adjusted amounts for construction. Obtain Contractor's
signature on any required Contractor's Certification or Affidavits. Process and sign Final Application for
Payment. Prepare transmittal letter indicating recommendation for Final Payment.
A7.06 Construction Claims
CONSULTANT shall receive, review and provide initial recommendations on entitlement and magnitude of
entitlement in response to written notifications of claims made by either the Contractor, in accordance with the
provisions of the Contract Documents, asserting the right to an adjustment in either Contract Price or Contract Time.
Upon notification of appeal of a decision of the Consultant by either party on any claim, initiate, coordinate, facilitate
and document the negotiations between the parties to attempt to resolve the claim without proceeding to dispute
resolution procedures stipulated by the Contract Documents.
CITY Contract No. Page A-8
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
A7.07 Consultants Safety Program
Individuals designated by the Consultant for the project should have appropriate level of safety training for their
assigned duties.
ARTICLE A8 PERSONNEL
A8.01 General Requirements:
The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements and
character to adequately perform the duties assigned for each specific assignment under this scope of work. Unless
otherwise agreed by the City of Miami, the City will not compensate straight overtime or premium overtime.
A8.02 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall
submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the
project, including a detailed resume for each containing at a minimum salary, education, and experience. A request
for approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual
is to report to work.
Before the project begins, all project staff shall have a working knowledge of the current Construction Project
Administration Manual (CPAM) and must possess all the necessary certifications for obtaining the duties of the
position they hold. The Consultant Project Manager shall assure that the City of Miami's current practices, policies,
and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team and should occur as workload
permits.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum
qualifications will be considered on an individual basis. The Construction Program Manager or designee will have
the final approval authority.
A8.02-1 CONSULTANT Project Manager (Horizontal Construction)
A Civil Engineering degree plus a minimum of four (4) years of engineering experience in construction of
road or bridge structures. Previous responsibilities shall have included supervising inspection and office
staff. Must have the ability to receive general instructions regarding assignments and be able to exercise
initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to
inspectors and assists in all phases of the construction project. Should have knowledge of the City and
FDOT field procedures, specifications, standards, and manuals. Will be responsible for the progress and
final estimates throughout the construction project duration. Must have the following:
Qualifications: Intermediate MOT
Passed the CTQP Quality Control Manager Course examination
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year of engineering experience.
A8.02-2 CONSULTANT Protect Manager (Vertical Construction)
A Civil/Mechanical/Electrical Engineering or Architect degree plus a minimum of three (3) years of building
construction experience, including at least one year of general, mechanical and/or electrical inspection
experience. Previous responsibilities shall have included supervising building inspection and field office
staff, or Must have the ability to receive general instructions regarding assignments and be able to exercise
initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to
inspectors and assists in all phases of the construction project. Should have knowledge of the City field
procedures, specifications, standards, and manuals. Will be responsible for the progress and final
estimates throughout the construction project duration. Must have the following:
Qualifications: Civil/Mechanical/Electrical Engineering or Architect degree
Certifications: None
A Master's Degree in Engineering or Architecture may be substituted for one (1) year of relevant
professional experience.
CITY Contract No. Page A-9
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
A8.02-3 Senior Civil Construction Observer (Horizontal Construction)
High school graduate or equivalent plus six (6) years of experience in construction inspection, four (4) years
of which shall have been in bridge, and/or roadway construction inspection. Previous responsibilities must
include performing highly complex technical assignments in field surveying and construction layout,
checking shop drawings, inspecting construction work, and finalizing punch -list. Senior Inspectors must be
able to coordinate and manage the lower level inspectors. Must have the following:
Qualifications: CTQP Concrete Field Inspector Level I
CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable)
CTQP Drilled Shaft Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post -Tensioning Technician Level 1 (If applicable)
FDOT Intermediate MOT
Certifications: Nuclear Radiation Safety
or a Civil Engineering degree and one (1) year of road & bridge CEO experience with the ability to earn
additional required qualifications within one year.
A8.02-4 Senior Facility Construction Observer (Vertical Construction)
High school graduate or equivalent plus six (6) years of experience in building construction inspection,
including (3) years of which shall have been in general plumbing, electrical and mechanical systems
inspection. Previous responsibilities must also include performing highly complex technical assignments
such as surveying and building layout, making and checking architectural, mechanical and electrical shop
drawings, Finalizing construction punch -list, and conducting start-up tests, Senior inspectors must be able
to coordinate and manage the lower level inspectors. Must have the following:
A8.02-5 Observer (Inspector)
High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of
which shall have been in bridge and/or roadway construction inspection, plus the following:
Qualifications: CTQP Concrete Field Inspector Level I
CTQP Asphalt Roadway Level I (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Pile Driving Inspection (If applicable)
CTQP Drilled Shaft Inspection (If applicable)
Certifications: Nuclear Radiation Safety
Responsible for performing assignments in assisting Senior Inspector in the performance of their duties.
Receive general supervision from the Senior Inspector who reviews work while in progress. Civil
Engineering graduates must obtain certifications within the first year of working as an inspector. Exceptions
will be permitted on a case -by -case basis so long as qualifications and certifications are appropriate for
specific inspection duties.
A8.03 Staffing:
Upon contract execution, the CONSULTANT shall establish and maintain appropriate staffs that possess the
experience, knowledge, requirements and character to adequately perform assigned project duties. If needed, the
CONSULTANT may be asked by the Construction Project Manager to provide personnel familiar with aspects of a
construction project's final measurements to assist in resolving disputed final pay quantities.
The CONSULTANT shall replace staff whose performance is unsatisfactory within one week of City notification.
Personnel identified in the CONSULTANT technical proposal are to be assigned as proposed and are committed to
perform services under this scope of work. Personnel changes will require written approval from City.
CITY Contract No.
Page A-10
ATTACHMENT A — SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
SCHEDULE Al. - SUBCONSULTANTS
FIRM NAME
CONSULTING FIELD
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
CITY Contract No.
Page A-11
ATTACHMENT A - SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE A3. - WORK ORDER
CITY Contract No.
Page A 12
ATTACHMENT B - COMPENSATION
ATTACHMENT B -
COMPENSATION AND
PAYMENTS
ARTICLE B1 MANNER OF COMPENSATION
The fees for Professional Services for each Work
Order shall be determined by one of the following
methods or a combination thereof, at the option of the
Director or designee, with the consent of the
CONSULTANT.
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate, as defined in Section B3.02.
c) A Percentage of Construction Cost, as
defined in Section B3.03, solely with the
written approval of the Director
NOTE: The Lump Sum manner of compensation is
the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and
costs, including reimbursable expenses, to the
CONSULTANT payable by the CITY under this
Agreement shall be limited to the amount specified in
Section 2.04-1 as the maximum compensation limit
for cumulative expenditures under this Agreement.
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 amount provided herein, except where
specifically approved in accordance with the City
Code by the City Manager or City Commission as
applicable as an increase to the Agreement and put
into effect via an Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any
specific Work Order, any maximum dollar or
percentage amounts stated for 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.
ARTICLE B2 COMPENSATION RATES
B2.01 FEE BASIS
All fees and compensation payable under this
Agreement shall be formulated and based upon the
Compensation Rates in Schedule B1 incorporated
herein by reference. Said Rates are the effective
rates, as approved by the CITY, payable by CITY for
CONSULTANT and SUB -CONSULTANT employees
in the specified professions and job categories that
are to be utilized to provide the services under this
Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB
CLASSIFICATIONS
Schedule B1 identifies the professions, job categories
and/or employees expected to be used during the
term of this Agreement. These may include
engineers, professional interns, designers, CADD
technicians, project managers, GIS and
environmental specialists, clerical/administrative
support, and others engaged in the Work. In
determining compensation for a given Scope of
Work, the City reserves the right to recommend the
use of CONSULTANT employees at particular Fee
and Rate levels.
The CITY reserves the right to request that
CONSULTANT provide additional employees and/or
job classifications if deemed necessary by the
DIRECTOR for a specific Work Order, provided that
such request is consistent with the Scope of Work
intended and defined in this Agreement.
B2.03 MULTIPLIER
Where applicable, a multiplier of 2.9 shall apply to the
hourly Wage Rates in calculating compensation
payable by the CITY. Said multiplier is intended to
cover CONSULTANT employee benefits and
CONSULTANTs profit and overhead, including,
without limitation, office rent, local telephone and
utility charges, office and drafting supplies,
depreciation of equipment, professional dues,
subscriptions, reproduction of documents, drawings
and specifications, mailing, stenographic,
administrative and clerical support, other employee
time or travel and subsistence not directly related to a
project.
B2.04 CALCULATION
Said Compensation Rates are to be utilized by
CONSULTANT in calculating compensation payable
for specific assignments and Work Orders as
requested by City. CONSULTANT shall identify
crew(s), crew -members, and/or job classifications,
available staff and projected man-hours or crew hours
required for the proper completion of tasks and/or
groups of tasks, milestones and deliverables
identified under the Scope of Work in the form
provided in Schedule A3, or as the same may be
amended by the City upon approval of the City
Attorney and Risk Administrator.
B2.05 EMPLOYEE BENEFITS AND
OVERHEAD
Regardless of the method of compensation elected
herein, compensation paid by CITY shall cover all
CONSULTANT costs including, without limitation,
employee fringe benefits (e.g. sick leave, vacation,
holiday, unemployment taxes, retirement, medical,
insurance and unemployment benefits) and an
overhead factor. Failure to comply with this section
shall be cause for cancellation of this Agreement.
B2.06 ESCALATION
Commencing December 1, 2005, the Rates depicted
in Schedule B1, may be adjusted annually according
CITY Contract No. Page B-1
ATTACHMENT B - COMPENSATION
to the Miami — Fort Lauderdale Consumer Price Index
issued by the U.S. Department of Labor, Bureau of
Labor Statistics. Such adjustment shall be calculated
by multiplying the ratio of the April index divided by
the previous year's index by the CONSULTANTS
hourly rate to determine the adjusted Wage Rate
The maximum increase in any adjustment shall be
limited to three percent (3%) per year.
ARTICLE B3 COMPUTATION OF FEES
AND COMPENSATION
The CITY 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
above, as applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be
a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the CITY, to be
mutually agreed upon in writing by the CITY and the
CONSULTANT and stated in a Work Order. Lump
Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum, Fixed Fee: shall be
the total amount of compensation where aspects
of Work are clearly defined, quantified and
calculated.
B3.01-2 Guaranteed Maximum Lump
Sum: or Not to Exceed Lump Sum, shall be the
total maximum fee amount payable by CITY
wherein certain aspects, tasks or allowances
may not be completely defined, quantified and
calculated at the time of Work Order issuance. A
Guaranteed Maximum Lump Sum compensation
may represent a combination of Fixed Fees for
professional services and not to exceed
allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fee is agreed
upon as the "Base Fee" for Basic Services
defined for a project, payments to the
CONSULTANT shall be based on a percentage
of the Base Fee according to the Phase of the
Work.
83.01-4 If the CITY authorizes a substantial
or material change in the Scope of Work, the
Lump Sum for any Base Fee may be equitably
adjusted by mutually consent of the parties,
which may be put into effect by an amendment to
the Work Order.
B3.01-5 It is understood that with Fixed Fee
Lump Sum Compensation, the CONSULTANT
shall perform all services for total compensation
in the amount stated above. Under a Not to
Exceed Lump Sum, the CONSULTANT shall
perform all services that may comprise "Basic
Services" but may not be required by City to
perform all other services delineated in the Work
Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure,
charge or cost beyond the Lump Sum
compensation amount stipulated.
B3.01-6 Lump Sum compensation shall be
calculated by CONSULTANT utilizing the Rates
established herein. Prior to issuing a Work
Order, the City will require CONSULTANT to
verify or justify its requested Lump Sum
compensation. Such verification shall present
sufficient information as depicted in Schedule
A3.
B3.02 HOURLY RATE FEES
B3.02-1 General
Hourly Rate Fees shall be those rates for
CONSULTANT and SUB -CONSULTANT
employees identified in Schedule B1. All hourly
rate fees will include a maximum not to exceed
figure, or maximum limiting amount, inclusive of
all costs expressed in the contract documents.
The City shall have no liability for any fee, cost or
expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those
instances where it the parties agree that it is not
possible to determine, define, quantify and/or
calculate the complete nature, and/or aspects,
tasks, man-hours, or milestones for a particular
Project or portion thereof at the time of Work
Order issuance. Hourly Rate Fees may also be
utilized for Additional Work that is similarly
indeterminate. In such cases, the City will
establish an Allowance in the Work Order that
shall serve as a Not to Exceed Fee for the Work
to be performed on an Hourly Rate Basis..
B3.03
COST:
This is a percentage fee based on the amount for a
project, said percentage being hereinafter called the
"Base Fee," as mutually agreed upon in writing by the
CITY and the CONSULTANT and stated in a Work
Order or Notice to Proceed.
PERCENTAGE OF CONSTRUCTION
B3.03-1 Fee Computation:
B3.03-1(a) The Total Construction Contract
Award shall be used and identified in the Work
Order as the basis for establishing the
compensation.
B3.03-1(b) If the actual construction cost is
increased during construction, the "Actual
Construction Cost" shall be used as the basis for
adjusting CONSULTANT fee.
B3.03-1(c) The term "Actual Construction
Cost" does not include any compensation to the
CONSULTANT, the cost of the land, rights -of -
way, works of art, permit fees or other costs
which are the responsibility of the CITY.
CITY Contract No.
Page B-2
ATTACHMENT B - COMPENSATION
to the Miami — Fort Lauderdale Consumer Price Index
issued by the U.S. Department of Labor, Bureau of
Labor Statistics. Such adjustment shall be calculated
by multiplying the ratio of the April index divided by
the previous year's index by the CONSULTANTS
hourly rate to determine the adjusted Wage Rate
The maximum increase in any adjustment shall be
limited to three percent (3%) per year.
ARTICLE B3 COMPUTATION OF FEES
AND COMPENSATION
The CITY 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
above, as applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be
a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the CITY, to be
mutually agreed upon in writing by the CITY and the
CONSULTANT and stated in a Work Order. Lump
Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum, Fixed Fee: shall be
the total amount of compensation where aspects
of Work are dearly defined, quantified and
calculated.
B3.01-2 Guaranteed Maximum Lump
Sum: or Not to Exceed Lump Sum, shall be the
total maximum fee amount payable by CITY
wherein certain aspects, tasks or allowances
may not be completely defined, quantified and
calculated at the time of Work Order issuance. A
Guaranteed Maximum Lump Sum compensation
may represent a combination of Fixed Fees for
professional services and not to exceed
allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fee is agreed
upon as the "Base Fee" for Basic Services
defined for a project, payments to the
CONSULTANT shall be based on a percentage
of the Base Fee according to the Phase of the
Work.
B3.01-4 If the CITY authorizes a substantial
or material change in the Scope of Work, the
Lump Sum for any Base Fee may be equitably
adjusted by mutually consent of the parties,
which may be put into effect by an amendment to
the Work Order.
B3.01-5 It is understood that with Fixed Fee
Lump Sum Compensation, the CONSULTANT
shall perform all services for total compensation
in the amount stated above. Under a Not to
Exceed Lump Sum, the CONSULTANT shall
perform all services that may comprise "Basic
Services" but may not be required by City to
perform all other services delineated in the Work
Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure,
charge or cost beyond the Lump Sum
compensation amount stipulated.
B3.01-6 Lump Sum compensation shall be
calculated by CONSULTANT utilizing the Rates
established herein. Prior to issuing a Work
Order, the City will require CONSULTANT to
verify or justify its requested Lump Sum
compensation. Such verification shall present
sufficient information as depicted in Schedule
A3.
B3.02 HOURLY RATE FEES
B3.02-1 General
Hourly Rate Fees shall be those rates for
CONSULTANT and SUB -CONSULTANT
employees identified in Schedule B1. All hourly
rate fees will include a maximum not to exceed
figure, or maximum limiting amount, inclusive of
all costs expressed in the contract documents.
The City shall have no liability for any fee, cost or
expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those
instances where it the parties agree that it is not
possible to determine, define, quantify and/or
calculate the complete nature, and/or aspects,
tasks, man-hours, or milestones for a particular
Project or portion thereof at the time of Work
Order issuance. Hourly Rate Fees may also be
utilized for Additional Work that is similarly
indeterminate. In such cases, the City will
establish an Allowance in the Work Order that
shall serve as a Not to Exceed Fee for the Work
to be performed on an Hourly Rate Basis..
B3.03 PERCENTAGE OF CONSTRUCTION
COST:
This is a percentage fee based on the amount for a
project, said percentage being hereinafter called the
"Base Fee," as mutually agreed upon in writing by the
CITY and the CONSULTANT and stated in a Work
Order or Notice to Proceed.
B3.03-1 Fee Computation:
B3.03-1(a) The Total Construction Contract
Award shall be used and identified in the Work
Order as the basis for establishing the
compensation.
B3.03-1(b) If the actual construction cost is
increased during construction, the "Actual
Construction Cost" shall be used as the basis for
adjusting CONSULTANT fee.
B3.03-1(c) The term "Actual Construction
Cost" does not include any compensation to the
CONSULTANT, the cost of the land, rights -of -
way, works of art, permit fees or other costs
which are the responsibility of the CITY.
CITY Contract No.
Page B-2
ATTACHMENT B - COMPENSATION
B3.03-2 Inclusive Fee
It is understood that with percentage
compensation the CONSULTANT shall perform
all services for the stated percentage of the
construction cost when the construction contract
is signed.
B3.03-3 . Changes to Project Scope
If the CITY authorizes an increase or decrease in
the scope of the Project during construction, the
Base Fee may be adjusted accordingly, based
on justification furnished from the Wage Rates or
as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall
not include charges for CONSULTANT handling,
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. All
reimbursable services shall be billed to the City at
direct cost expended by the CONSULTANT. CITY
authorized reproductions in excess of sets required at
each phase of the Work will be a Reimbursable
Expense.
The CITY wilt reimburse the CONSULTANT for
authorized Reimbursable Expenses pursuant to the
limitations of this Agreement as verified by supporting
documentation deemed appropriate by Director or
designee including, without limitation, detailed bills,
itemized invoices and/or copies of cancelled checks.
B3.05 FEES for ADDITIONAL SERVICES
The CONSULTANT may be authorized to perform
Additional Services for which additional
compensation and/or Reimbursable Expenses, as
defined in this Agreement under Sections B3.05 and
B3.03 respectively, may be applicable.
B3.05-1 Determination Of Fee
The compensation for such services will be either
mutually agreed upon Lump Sum, or Hourly Rate
with a Not to Exceed Limit.
B3.05-2 Procedure and Compliance
An independent and detailed Notice to Proceed,
and/or an Amended Work Order, shall be
required to be issued and signed by the Director
for each additional service requested by the City.
The Notice to Proceed or Amended Work Order
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 regulations,
including the Purchasing Ordinance, the
CONSULTANT's Competitive Negotiation Act,
and other applicable laws.
B3.05-3 Fee Limitations
Any authorized compensation for Additional
Services, either professional fees or
reimbursable expenses, shall not include
additional 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. There shall be
no mark-up or handling expense for any
reimbursable expenses of CONSULTANT.
B3.06 PAYMENT EXCLUSIONS
Consultant shall not be compensated by CITY for
revisions and/or modifications to drawings and
specifications, for extended construction
administration, or for other work when such work is
due to errors or ommissions of CONSULTANT as
determined by CITY.
B3.07 FEES RESULTING FROM
PROJECT SUSPENSION
If a project is suspended for the convenience of the
CITY 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
duly authorized, performed prior to such suspension
or termination, together with the cost of authorized
reimbursable services and expenses then due, and
all appropriate, applicable, and documented
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.
ARTICLE B4 PAYMENTS TO THE
CONSULTANT
84.01 PAYMENTS GENERALLY
Payments for Services may be requested monthly in
proportion to services performed during each Phase
of the Work subject to the approval of the Project
Manager. Sub -CONSULTANT fees and
Reimbursable Expenses shall be billed to the City in
at direct cost, in the actual amount paid by
CONSULTANT.
B4.02 BILLING — HOURLY RATE
Invoices submitted by CONSULTANT shall be
sufficiently detailed and accompanied by supporting
documentation to allow for proper audit of
expenditures .When services are authorized on an
Hourly Rate basis, the CONSULTANT shall submit for
approval by the Director, a duly certified invoice,
giving names, classification, salary rate per hour,
hours worked and total charge for all personnel
CITY Contract No.
Page B-3
ATTACHMENT B - COMPENSATION
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.
B4.03 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.
ARTICLE B5 REIMBURSABLE
EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized
by the CITY outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic
Services and/or Additional Services) and consist of
actual expenditures made by the CONSULTANT and
the CONSULTANTS' employees, Sub-
CONSULTANTs, and Special Sub-CONSULTANTs in
the interest of the Work for the purposes identified
below:
B5.01-1 Transportation
Identifiable transportation expenses in
connection with the Project, subject to the
limitations of Section 112.061, Florida Statutes,
as amended, excluding, however, all, general
automobile transportation expenses within
Miami -Dade County. This exclusion shall not
apply for direct travel to and from multiple CITY
project jobsites for employees in specific job
classifications designated in Schedule B1,
subject to the approval of the CITY Project
Manager and stated in the Work Order: When
such expenses are authorized in a Work Order,
the effective reimbursement rates shall be those
currently in use by the Florida Department of
Transportation. 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
reimbursements will be subject to the limitations
of Section 112.061, Florida Statutes, as
amended.
B5.01-2 Travel And Per Diem
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 as amended. 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.
B5.01-3 Communication Expenses
identifiable communication expenses approved
by the Project Manager, long distance telephone,
courier and express mail between the
CONSULTANT's various permanent offices. The
CONSULTANTs field office at the Project site is
not considered a permanent office.
B5.01-4 Reproduction, Photography
Cost of printing, reproduction or photography,
which is required by or of CONSULTANT to
deliver services, set forth in this Agreement,
unless otherwise required, and stated in a work
order, as part of CONSULTANT basic services.t.
B5.01-5 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 construction
Contractor.
B5.02 REIMBURSEMENTS TO SUB -
CONSULTANTS
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 ARTICLE B5 herein.
CITY Contract No.
Page B-4
ATTACHMENT B - COMPENSATION
ATTACHMENT B
SCHEDULE B1 - COMPENSATION RATES
JOB CLASSIFICATION
HOURLY
RATE
ADJUSTED
HOURLY RATE
(Multiplier Applied)
Architect
$22.28
$79.11
CADD Technician/Compurter Technician
$19.96
57.88
CEO Asphalt Plant Observer
$21.85
63.37
CE Observer (Inspector) *
$15.74
45.65
CEO Resident Compliance Officer*
$18.39
53.33
CE Senior Observer (Sr. Inspector) *
$23.62
68.50
Engineer
$27.67
80.24
Engineering Technician
$18.94
54.93
Environmental Specialist*
$24.52
71.11
GIS Specialist*
$26.84
77.84
Observer (Inspector) *
$19.95
57.86
Party Chief
$21.21
61.51
Project Architect*
$34.85
101.07
Project Engineer*
$33.55
97.30
Project Manager
$45.00
130.50
Secretary/Clerical
$15.83
45.91
Survey Technicia
$17.83
51.71
Surveyor & Mapper
$35.37
102.57
Technician Aide
$13.36
38.74
Utility Coordinator*
$20.66
59.91
Utility Locator*
$17.99
52.17
Utility Technician*
$18.03
52.29
Additional job classifications may be added by DIRECTOR if warranted by particular Work Order
assignments, provided such additions are consistent with the Scope of Work intended by and defined in
this Agreement.
* CONSULTANT may submit transportation mileage reimbursement requests for employees in these
Job Classifications, as provided in Section B5.01-1, subject to the approval of the Project Manager
The above rates are the average negotiated Consultant Salary Rates (statewide) of the Florida Department of Transportation
Page B-5