Loading...
HomeMy WebLinkAboutSummary Form-SUB 7REVISED Item CA-14: Work Order for Jose Marti Gymnasium The Agenda Summary Form, Resolution, Work Order and Proposal are being replaced in your package with the following changes: • The design costs have been corrected, reduced to $530,828. • All subconsultants are identified in the work order • The Work Order contains a "time is of the essence" clause The Consultant Work Order has been finalized & signed All other attachments remain unchanged THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AGENDA ITEM SUMMARY FORM FILE ID: Date: 1/27/2005 Requesting Department: Capital Impvmts & Transport Commission Meeting Date: 2/24/2005 District Impacted: all (3) Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Professional services Work Order for Zyscovich , Inc. for the project entitled "Jose Marti Gym, B-35857" Purpose of Item: To authorize the City Manager to execute and issue a Work Order for the comprehensive design of the Jose Marti Gym (B-35857) to Zyscovich , Inc. as the lead consultant in an amount not to exceeed $530,828, with funds allocated from CIP No. 333142 entitled "Jose Marti - East Little Havana Park Expansion" Background Information: The City has established a capital improvement project under the Homeland Defense - Neighborhood Improvement Bond program to design and construct a gymnasium in Jose Marti Park, located at 351 SW 4th Street, Miami. In December of 2004, the City determined that this Project is best implemented using a Construction Management -at -Risk approach, with Pirtle Construction, Inc. serving as the contractor and Zyscovich, Inc. ("ZYSCOVICH") as the lead consultant of the design team; pursuant to Resolution No. 04-0786. The City previously entered into an agreement with ZYSCOVICH dated June 24, 2002, pursuant to Resolution No. 02-144 adopted on February 14, 2002. Under that agreement, ZYSCOVICH provides the City with professional design services in the field of architecture on an as needed basis for three years, with the option on the part of the City to extend the agreement for an additional year delegated to the City Manager. As a result of the foregoing, ZYSCOVICH has submitted a proposal for a Work Order Authorization ("Work Order") to the City to provide the comprehensive design services for the Project, at a cost not to exceed $530,828, which has been reviewed and accepted by the Department of Capital Improvements and Transportation. Budget Impact Analysis NO Is this item related to revenue? YES Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: 333142 YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: $7,100,000.00 Page 1 of 2 Chief Maintenance Cost: $0.00 Total Fiscal Impact: $7,100,000.00 Final Approvals (SIGN AND DATE) CIP Budget If using or receiving capilal funds Grants Risk Mana Purcha g ept. Director /City Manager Page 2 of 2 Jose Marti Park Community Center Conceptual Ground Floor Plan Conceptual Upper Level Plan r•rnrie-+, City of Miami Resolution R-04-0786 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, RELATING TO CERTAIN PROJECTS FUNDED FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, SPECIFICALLY, GRAPELAND HEIGHTS PARK WATER THEME PARK (B-35828), GRAPELAND HEIGHTS PARK COMMUNITY RECREATION FACILITY AND PARKING (B- 30105), GRAPELAND HEIGHTS PARK FIELDS & SITE DEVELOPMENT (B-60496); JOSE MARTI PARK GYMNASIUM (B-35857), LITTLE HAITI PARK CULTURAL CAMPUS (B-30295) AND LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES (B-38500), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO WAIVE THE REQUIREMENTS FOR COMPETITIVE PROCUREMENT PROCEDURES, PROVIDED IN THE CODE OF THE CITY OF MIAMI CODE SECTIONS 18-86 AND 18-87 AND UNDER FLORIDA STATUTES 255.20 AND 287.055, FOR THE SELECTION OF THE ARCHITECT/ENGINEER AND/OR CONTRACTOR FOR THE PROJECTS DEFINED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS BETWEEN THE CITY OF MIAMI AND THE FIRMS NAMED HEREIN TO PROVIDE THE REQUIRED DESIGN (ARCHITECTURE AND ENGINEERING), DESIGN -BUILD, AND/OR CONSTRUCTION MANAGEMENT -AT -RISK SERVICES, AS APPLICABLE PER PROJECT, AND PRESENT SAID CONTRACTS TO THE CITY COMMISSION FOR REVIEW AND APPROVAL AT A LATER DATE. WHEREAS, on August 8, 2002 the CITY, with the prior approval of the voters, issued Limited Ad Valorem Tax Bonds, Series 2002, known as the Homeland Defense Neighborhood Improvement Bonds ("Bonds"), in the aggregate principle amount of $153,186,405.85 as tax- exempt bonds, for the purpose of funding capital improvement projects identified pursuant to Ordinance No. 12137 adopted October 11, 2001; and WHEREAS, projects to be implemented with the included several sizeable projects for improvements at Grapeland Heights Park and Jose Marti Park, and the creation of a new, state- of—the-art park within the Little Haiti community; and WHEREAS, these projects have been further refined, scoped and subsequently programmed into the City's Capital Improvement Program and Multi -Year Plan as: Grapeland Heights Park Water Theme Park (B-35828), Grapeland Heights Park Community Recreation Facility and Parking (B-30105), Grapeland Heights Park Fields & Site Development (B-60496), Jose Marti Park Gymnasium (B-35857), Little Haiti Park Cultural Campus (B-30295), and Little Haiti Park Soccer And Recreational Facilities (B-38500); and WHEREAS, the total present commitment of Bond proceeds to these projects is $33,879,655, representing over 21 % of the Bonds issued, and the combined estimated cost of these projects is approximately $58 million based on a total build out of the desired project scope, with funds anticipated from other City and outside sources; and WHEREAS, there have been lengthy delays in implementing the projects funded from Bond Proceeds, which delays preclude the City's ability to issue subsequent bonds for other City needs, including the balance of projects intended under the Bond Program; and WHEREAS, the Administration has determined that the most expeditious methods to implement these projects are as either Design -Build projects, governed by Section 18-87 of the City Code and Section 287.055 of Florida Statutes, known as the Consultants Competitive Negotiations Act ("CCNA), or as Construction Management -at -Risk projects, governed by Section 18-86 of the City Code; and WHEREAS, these delivery methods combine design and construction teams to compress project schedules over traditional design — bid — build scenarios to a 1 — 3 year time frame, improve project integrity, and reduce costs, particularly addressing or eliminating change orders and cost overruns; and WHEREAS, procurement procedures normally utilized to secure these methods also require significant time, from six (6) months to one (1) year, to complete, thereby compounding the delay, further hampering the City's bonding capacity and the delivery of these projects for the benefit of the community; and WHEREAS, the Administration has determined that the most expeditious method of implementing the Grapeland Heights Park projects (B-35828, B-30105 and B-60496), and the Little Haiti Park Soccer and Recreational Facilities project (B-38500) is to use the Design -Build method; and WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime consultant/contractor for the Grapeland Heights Park projects (B-35828, B-30105, and B-60496) with the design firm of Carzo Castella Caballo Thompson Salman (C3TS) as the subconsultant/engineer; and WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime consultant/contractor for the Little Haiti Park Soccer and Recreational Facilities (B- 38500) with the design firm of Zyscovich Architects as the subconsultant/architect; and WHEREAS, the Administration has determined that the most expeditious method of implementing the Jose Marti Park Gymnasium (B-35857) and Little Haiti Park Cultural Campus (B-30295) projects is to use the Construction Management -at -Risk method, and WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor, Construction Manager at Risk, for the Jose Marti Park Gymnasium project (B-35857) and that the design firm of Zyscovich Architects serve as the architect for the project under a previously existing agreement dated June 24, 2002 subject to the additional approval of the City Commission requested herein; and WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor, Construction Manager at Risk, for the Little Haiti Park Cultural Campus (B-30295) project and that the design firm of Zyscovich Architects continue as the architect for the project as approved by Resolution No. 04-0151 adopted March 11, 2004 under its previously existing agreement dated June 24, 2002; and WHEREAS, the Administration has investigated and identified the aforementioned firms as having excellent qualifications uniquely geared to the projects for which they are recommended, substantial records of experience in projects of like size and complexity, and are appropriately licensed; and WHEREAS, the City Manager recommends that he be authorized to negotiate appropriate contract terms, conditions and compensation with each Design -Build and 2 Construction Management -at -Risk service provider and return to the City Commission for review and approval of each contract at a later date; and WHEREAS, presently, funds for the Projects are available under the Capital Improvement Program as follows: Grapeland Heights Park Water Theme Park (B-35828) - $7,000,000, Grapeland Heights Park Community Recreation Facility and Parking (B-30105) - $5,000,000, Grapeland Heights Park Fields & Site Development (B-60496) - $ 4,00,000, Jose Marti Park Gymnasium (B-35857) - $5,000,000, Little Haiti Park Cultural Campus (B-30295) - $6,889,655, and Little Haiti Park Soccer and Recreational Facilities (B-38500) - $6,000,000; and WHEREAS, the City Manager has made a written finding of a valid public emergency attached hereto and incorporated by reference to the effect that, among other things, further delays required for the competitive procurement and award of contracts for these projects jeopardizes the City's bonding capacity and creates an undue hardship on the public welfare, thus it is in the best interest of the public and appropriately justified to waive the requirements for competitive procurement procedures of the City of Miami Code Chapter 18 (The Procurement Ordinance) and Florida Statutes 255.20 (entitled "Local Bids and Contracts for Public Construction Works") and 287.055 (known as the "Consultants Competitive Negotiations Act" or "CCNA") for the selection of the architect/engineers and/or contractors for these Projects; and WHEREAS, said finding of the City Manager has been duly considered and adopted by the City Commission; and WHEREAS, as stipulated in 255.20, Florida Statute, the architect/engineer of record, Zyscovich Architects, has provided written recommendation, attached hereto and incorporated by reference, that the Construction Management -at -Risk projects, Jose Marti Park Gymnasium project (B-35857) and Little Haiti Park Cultural Campus (B-30295) be awarded without competitive selection to the above -referenced firm, and this recommendation has been duly considered by the City Commission in relation to the action requested; and WHEREAS, this matter is being considered at a duly advertised public meeting and the City Commission having considered Florida Statute 255.20 and 287.055 (Consultant's Competitive Negotiation Act: "CCNA''), 18-89 (Public Works and Contracts) and 18-90 (Emergency Procurements) of the Code of the City of Miami, which are each deemed as being incorporated by reference herein as though set forth in full, and which sets forth the criteria for the aforementioned waiver of competitive processes; and WHEREAS, Florida Statute 255.20 allows the City to use any contract arrangement with a private sector contractor to award contracts for public construction work that is allowed by municipal ordinance; and WHEREAS, the procedures required by 287.055, Florida Statutes ("CCNA") may be waived if there is a finding of a valid public emergency certified by the agency head; and WHEREAS, the City of Miami is complying with the aforementioned laws and procedures; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, the City Commission ratifies, approves and confirms the City Manager's finding of a valid public emergency; said finding to the effect that it is in the best interest of the public and justified to waive competitive procurement procedures governed by 287.55, Florida Statutes, and Chapter 18 of the Code of the City of Miami, Florida, and select, outside of said competitive procurement processes, the professional design or design -build firms for the specified projects funded from Homeland Defense Neighborhood Improvement Bond proceeds as follows: for the Jose Marti Park Gymnasium project (B-35857), the design firm of Zyscovich Architects is selected to serve as the architect for the project under a previously existing agreement dated June 24, 2002; for the Grapeland Heights Park projects (B-35828, B-30105 and B-60496), Recreation Design Consultants will serve as the prime consultant/contractor for Design -Build services, with the design firm of Carzo Castella Caballo Thompson Salman (C3TS) as the subconsultant/engineer; and for the Little Haiti Park Soccer and Recreational Facilities (B-38500), Recreation Design Consultants will serve as the prime consultant/contractor for Design -Build services with the design firm of Zyscovich Architects as the subconsultantlarchitect. Section 3. By a four -fifths (4/5ths) affirmative vote, the City Commission ratifies, approves, confirms and adopts as its own, the City Manager's finding of a valid public emergency with regard to the selection of certain firms to provide Construction Management -at -Risk services, said finding to the effect that the time required for the competitive procurement and award of contracts for said projects jeopardizes the City's bonding capacity and creates an undue hardship on the public welfare, thus it is in the best interest of the public to waive competitive procurement procedures prescribed in City Code Chapter 18 and in 255.20, Florida Statute, and select pursuant to City Code Section 18-90 "Emergency Procurement", the construction firms listed below for the specified projects funded from Homeland Defense Neighborhood Improvement Bond proceeds, having determined that said firms are appropriately certified licensed and certified contractors, and are uniquely qualified to undertake and perform the required work on behalf of the City, as follows: for the Jose Marti Park Gymnasium project (B- 35857), Pirtle Construction Company, Inc. is selected to serve as the contractor, Construction Manager at Risk, and for the Little Haiti Park Cultural Campus (B-30295), Pirtle Construction Company, Inc. is selected to serve as the contractor, Construction Manager at Risk. Section 4. The City Manager is authorized to negotiate Agreements, in a form acceptable to the City Attorney, for each project with the respective firm listed below for the provision of the required design (architectural and engineering) services, design -build services, and/or construction management -at -risk services, and to return to the City Commission for review and approval of said Agreements at a later date. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 4 .Footnote (1) The herein authorization isfurther subject bncompliance with all requirements that may beimposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. (2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. ...TITLE A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AND ISSUE A WORK ORDER ("WORK ORDER"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ZYSCOVICH, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COMPREHENSIVE DESIGN OF THE "JOSE MARTI PARK GYM, JOB NUMBER B-3587" IN AN AMOUNT NOT TO EXCEED $530,828, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NUMBER 333142 ENTITLED "JOSE MARTI/EAST LITTLE HAVANA PARK EXPANSION". ... BODY WHEREAS, the City of Miami (City) has established a capital improvement project to design and construct a gymnasium in Jose Marti Park, located at 351 SW 4th Street, Miami, and; WHEREAS, said project has been incorporated into the City's Capital Improvement Program and Multiyear Plan as Project No. 35857, entitled "Jose Marti Gym"; and WHEREAS, pursuant to Resolution No. 04-0786 adopted December 9, 2004, the City has determined that this Project is best implemented using a Construction Management -at -Risk approach, with Pirtle Construction, Inc. serving as the contractor and Zyscovich, Inc. ("ZYSCOVICH") as the lead consultant of the design team; and WHEREAS, the City entered into an agreement with ZYSCOVICH, dated June 24, 2002 pursuant to Resolution No. 02-144 adopted on February 14, 2002, to provide the City with professional design services in the field of architecture, on an as needed basis for three years, with the option on the part of the City to extend the agreement for an additional year delegated to the City Manager; and WHEREAS, as a result of the foregoing, ZYSCOVICH has submitted a proposal for a Work Order Authorization ("Work Order") to the City to provide the comprehensive design services for the Project, at a cost not to exceed $530,828, which has been reviewed and accepted by the Department of Capital Improvements and Transportation; and WHEREAS, the project will consist of a 31,000 square foot community center including a gymnasium, locker rooms, auxiliary spaces such as a weight room, exercise room, offices, and concession and ticket booths, and related sitework; and WHEREAS, funds in the required amount are available from Capital Improvement project No. 333142 entitled "Jose Marti/East Little Havana Park Expansion;" NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the preamble of this resolution are adopted by reference and incorporated as if fully set forth in this section. Section 2. The City Manager or designee is authorized' to execute a Work Order Authorization ("Work Order"), in substantially the attached form, between the City of Miami and Zyscovich, Inc. for comprehensive design services for the project entitled "Jose Marti Park Gym, Project B-35857 in an amount not to exceed $530,828 allocating funds therefore from Capital Improvements Project Number 333142 entitled "Jose Marti/East Little Havana Park Expansion." Section 3. This resolution shall become effective immediately upon its adoption and signature of the Mayor. PASSED AND ADOPTED THIS day of , 2005. MANUEL A. DIAZ, MAYOR ATTEST: PRISCILLA A.THOMPSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ..FOOTNOTE If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. T'l-tv ���� Director Bernard Zyscovich,AIA Zyscovich Architects, Inc. 100N. Biscayne B/vd..27^'Floor Miami, LF33132 Re: WORK ORDER AUTHORIZATION: Architectural Services For Jose Marti Gym, B-35857 Dear Mr. : y3ExmmoLA City Manager This work order is for the provision of Architectural services for Jose Marti Gym. B'35867 hereinafter referred to as "Project", pursuant to the Professional Service Agreement for Architectural services, dated June34. 2002. between the City nfMiami and Zyocov)chArchitects, Inc. U' Scope of Services The scope of services one detailed in Attachment A, the Proposal, attached hereto and made a part hereof. Ill. Time of Performance The schedule for performance of the work is included in Attachment A. The completion date schedule shall be adjusted to reflect the date of the written notice to proceed. W;' Compensation The work will be performed for a fee guaranteed not to exceed the sum of $530,828, as further detailed in Attachment A. The City shall not be liable for any cost, fee, or expenditure above the amounts set forth in this section. The above quoted fee includes an allowance of $55.000 for Additional Services and Reimbursable Expenses that comply with the requirements of the Agreement. Any eligible reimbursable expenses shall conform bothe limitations cfFlorida Statue G112.O81. IV. Sub -Consultants The below listed sub -consultants are approved to work with Consultant as specified in the governing ognaernenc • OOA(structural engineering) • 8oeu|Vr &AosociaNeo (mechanical, electrical, plumbing) ~ Coastal Engineering (civil engineering) VC Budget amdFundinq This work will be funded though Capital Improvement Project No 333142. from Homeland Defense Neighborhood Improvement Bond proceeds. An asUnnaiad construction cost cfoO.00O.OUD has been established for this project. Additional expenseo, including deoign, construction inmpmcUons, and project administration bring the total budget of this project boapproximately $7.1OO.00O. VK OSHA (and AOA) Compliance The Consultant will oUmw City inapaoboro, agents nrrepresentatives the ability to monitor its compliance with oafmb/ precautions as required by federal, state prlocal |aws, ru|eo, regulations and ordinances. By performing these inspections the City, its agante, or representatives are not assuming any liability by virtue of these laws, rules, regulations and ordinances. The Consultant shall have no recourse against the City, its agents, or representatives from the ocournence, non-occurrence orresult ofsuch inopacdon(o). DEPARTMENT orCAPITAL IMPROVEMENTS *44lw/zndAvenue, mhFloor / Miami, pLs»1»n/(3os)wo'ono/Fax: (3oz)o/o-2153 WORK ORDER AUTHORIZATION Jose Marti Gymnasium 8-35857 Page 2 Upon issuance of a notice to proceed the Consultant shall contact the Risk Management Department at (305) 416-1800 to schedule the inspection(s). The 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 and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, Consultant shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. VII. Documents Attached and/or Incorporated By Reference The Work Order is deemed to incorporate by reference the terms and conditions of the set forth herein and in the documents identified below. The undersigned will perforrn this work in compliance with the provisions of those documents. 1. Attachment A — Work Order Proposal for the Project dated January 11, 2005 from Zyscovich Architects, Inc., including all Exhibits thereto. 2. The Professional Services Agreement for Architectural services between Zyscovich Architects, Inc. and the City of Miami dated June 24, 2002. 3. City of Miami Resolution No. 02-144 adopted February 14, 2002 and Resolution No. adopted February 24, 2005 VIII. Coordination of Property Matters The Consultant shall, at no extra cost to the City and as part of its guaranteed not to exceed fee set forth above, consult with the City's Special Counsel, Mitchell Burnstein of the firm Weiss, Serota, Helfman and Pastorizo located at 3107 Stirling Rd., Suite 300, Fort Lauderdale, FL 333312, and with City staff engaged in property acquisition, including those in the Department of Economic Development, and others identified by the City Project Manager to insure that the Design Development, and Schematic Design Documents and all other Work is in conformity with the properties the City actually acquires for the Project. Adjacent or nearby privately -owned properties shall not be physically accessed by the Consultant without written consent of the owner. IX. Time is of the Essence Time is of the essence in the performance of the work by the Consultant. Consultant shall perforrn the services described in Attachment "A" within the time periods specified in the Project Schedule included in Attachment "A". Said time periods shall commence from the date of the Notice to Proceed for such services. Authorized by: Accepted and Approved by: Date Date Joe Arriola, City Manager Bernard Zyscovich, AIA, President City of Miami Zyscovich Architects, Inc. ATTEST: Date Date Priscilla A. Thompson, City Clerk Witness WORK ORDER AUTHORIZATION Jose Marti Gymnasium B-35857 Page 3 APPROVED AS TO LEGAL FORM AND INSURANCE REQUIREMENT APPROVED: CORRECTNESS: Jorge L. Fernandez, City Attorney Dania F. Carrillo, Administrator, Risk Management 1ntemal Review Vertical LJ Horizontal 0 Cary Sanchez -Rea or Fernando Paiva Cesar Gonzalez Public Facilities CI Juan Ordonez MHC/JCC/DE Zysicovich CONSULTANT WORK ORDER PROPOSAL Should be on consultant letterhead and must be dated Zyscovich, Inc. proposes to provide the services identified below for the project entitled "Jose Marti Park Gymnasium", pursuant to its Professional Service Agreement with the City of Miami for Architectural services, dated I. GENERAL The new work will involve the construction of a 31,000 SF Community Center including the gymnasium, locker rooms and related auxiliary spaces with related sitework. II. SCOPE OF WORK All phases as required. Phase I. Programming and Schematic Design Phase U. Design Development Phase IIla. Construction Documents Phase Ilib. Permitting Phase IV. Bidding Phase V. Construction Administration W. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below SCHEDULE OF E VERABLES Sheet or ID Number Drawing Name or Deliverable Total Hours Or Anticipated Delivery Date 5-27-05 Permitting construction documents for the Jose Marti Park Gymnasium SCHEDULE OF ORK Task or Activity ID # Task Name and/or Activity DesriEticn Duration (spec'', weeks. calendar Of Working days) Projected Start Date Projected Finish Date' I Schematic Design 21 working days 2-1-05 2-24-05 I Design Development 28 working days 3-1-05 3-28-05 llI.a Construction Documents 96 workin3 days 3-31-05 7-4-05 lll.b Permitting 30 working days 4-28-05 5-27-05 IV Bidding 26 working days 4-23-05 5-23-05 V Construction Administration 270 working days 5-30-05 2-23-06 j ' The above schedule assumes a Written Notice to Proceed will be issued by City on February 1. 2005. IV. COMPENSATION February 15, 2005 WORK ORDER PROPOSAL Page 2 Zyscovich Consultant shall perform the Work detailed in this Proposal for a Lump Sum fee of four hundred seventy thousand three hundred twenty eight dollars and zero cents ($477,328.00) . Said fee does not include an allowance for Reimbursable Expenses required in connection with the Work, which shall be established in an amount not to exceed $25,000.00, Said Reimbursable Expenses shall be utilized in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. Additional services will be performed based on hourly rates given in Exhibit that was included in our January 10, 2005 proposal. SCHEDULE OF COMPENSATION / 1 Task or Activity ID # Task Name and/or Activity Description Fee Amount Fee Basis Programming $ 5,000.00 Not to Exceed Community buildings and parking lots permitted construction documents and specifications $477,328.00 Lurnp sum, fixed fee I. i Schematic Design $ 71,60O00 Lump sum. fixed fee 11. Design Development : $143,198,00 Lurnp surn. fixed fee Ilia & c Construction Documents b. $167,064.00 Lump sum, fixed fee IV. ' Bidding $ 23,866.00 Lurnp sum, fi,ced V. " Construction Administration $ 71,600.00 Lurnpsum. fixed e Permit Expediting $ 7,500.00 Not to Exceed ‘ Threshold Inspections $ 16,000.00 Not to Exceed Allowance for Contingencies Allowance for Reimbursable Expenses $ 25,000.00 Lump sum, fixed ee Submitted by: Prepared by: ( mph Jose Murguido. AIA LIST OF POSSIBLE EXHIBITS TO CONSULTANT WORK ORDER PROPOSAL Exhibit A Fee Schedule Task or Activity 1D # Task Name andiorActivity Description Fee Amount Fee Basis Cofrimunity buildings and parking lots:permitted construction documents and specifications $477,326.00 Lunip sum, fixed fe Programming 5,000.0 Not Exceed Permit Expediting 7, 0 .00 Not Exceed Threshold Inspections $ 5,000.00 Not o Exceed Allowance for Contingencies Allowance for Reimbursable Expenses $25,000.00 Lurnp sum. fixed fee Exhibit B Project Drawings and/or Deliverables Sheet or ID Number Drawing Name or Deliverable Permitted construction documents and specifications for the community gymnasium, parking lots and related site work. Total Hours Or Anticipated Delivery Date 7-3-05 Exhibit C Project Schedule Task or Activity I to # Task Name and/or Activity Description Duration (specify weeks. calencar or working days) Projected Start Date Projected Finish Date* 1 Schematic Design 21 working days 2-1-05 2-24-05 i___11 i Design Development 28 working days 3-1-05 3-28-05 I III.a I Construction Documents 96 working days 3-31-05 7-4-05 111,b I Permitting 30 working days 4-28-05 -27-0 IV ; Bidding 26 working days 4-23-05 5-23-05 V I Construction Administration , 270 working days 5-30-05 2-23-06 Exhibit D Breakdown of Work Effort by Consultant (Prime) taff/Cate or # Hours Hourly Rate Total 1 Principal 159.10 S 150 00 523,866.00 2 Senior Designer 565 S 110.00 $62,053.00 3 Project Manager 738 S 110.00 S81,146.00 4 Architect 1232 S 77.50 S 95,466.00 5 6 Field Representative 502.45 S 95.00 S 47.733 00 Draftsperson 2203 S 65.00 ...:.____ S143,198.00 7 Clerical 561.55 S 42.50 $ 23,866,00 S477,328.00 February 15.2OO5 WORK ORDER PROPOSAL Page4 Exhibit E Breakdown of Work Effort by Sub -Consultant ^�~ �.' Zyscxxvich staff/category DDA (structural): # Hours Hourly Rate 1 ! Principal 19.2 S125.00 S2.400.00 2 Engineer . 198 | S85-DO $16.800.00 480 ( SGO�OO Q24.0O000 4 Clerical 120 | S40.00 $4.8W00 Exhibit E Breakdown of Work Effort by Sub -Consultant �� `°Hovn, Hourly Rate Total Basulto & Associates (MEP): 1 1 Principal Engineer 1370 - l $115I)0, $1.575.00 i i99.5O $95-001 $9.450.00 } 3 CAD erokxfmpeuu / 185.30 $85.00 S15,750.00 | Clerical � 45 �35l)0 | $1 57iOD i oUo��Mo�g�F����ed� i 45 80.UO $3.. l�O0 1. | � � S31.500.00 ( Exhibit E Breakdown of Work Effort by Sub -Consultant / Staff/Category #Mours } Hourly Rate Total Coastal Engineering (Civil): | 1 i��tEngins� 57 i $1�.� __ �.&80.00 2 ( Junior Engineer 94/42 ( S95.00 G8.070l0.( $13.455.00 7 3 CADOEnginaer 207 } S65.00 4 / Clerical 33.22 i S45.00 $1.495.60! PROFESSIONAL SERVICES AGREEMENT [Architectural Services] This Agreement entered into this 24 day of June, 2002, by and between The CITY of Miami, a Municipal Corporation of the State of Florida, (the "CITY"), and Zyscovich, Inc., a State of Florida corporation, (the "PRINCIPAL"). WITNESSETH WHEREAS, the CITY has scheduled a substantial number of Projects for fiscal years 2002, 2003 and 2004 (the "Projects") that require professional architectural services; and WHEREAS, the Commission of the CITY of Miami, by Resolution No.02-144 adopted on February 14, 2002, approved the selection of four (4) Architecture firms to provide architectural services for the Projects during the planning, design and construction phases thereof and authorized the CITY Manager to negotiate the terms of and execute agreements with said firms for the provision of the Services; and WHEREAS, the PRINCIPAL is one of the firms selected to provide architectural services and the PRINCIPAL and the CITY wish to execute this Agreement to set forth the terms and conditions of the engagement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the CITY and the PRINCIPAL agree as follows: TERMS 1. Recitals. The recitals and all statements contained therein are hereby incorporated into and made a part of this Agreement. 2. Term. The term of this Agreement shall be three (3) years, commencing on the date hereof and ending three (3) years thereafter (the "Expiration Date"), subject, however, to the provisions of Section 19 hereof. The CITY has the right to extend the term hereof for an additional period of one (1) year subject to the approval of the CITY Manager. 3. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the CITY may request, and PRINCIPAL shall provide, the Services, as defined in Section 4 and 5 below, for one or more Projects. No specific Project is designated under this Agreement. The Project and the specific details of the Services required to be performed by the PRINCIPAL shall be described in a Work Order to be issued by the CITY in accordance with Section 5.B hereof. 4. Definitions. A. PROJECT means the proposed improvements (new or restoration) to a street, sewer, property, or other CITY facility as generally designated and programmed by the CITY or other related professional services requested by the CITY. B. WORK - means Services to be rendered or provided by the PRINCIPAL for the PROJECT. C. SERVICES - means the Basic Services and/or the Scope of Work, as described in Section 6 hereof, to be performed by the PRINCIPAL under this Agreement. D. CONSTRUCTION BUDGET - means the amount allocated by the CITY for construction of the PROJECT and all increases authorized by the CITY. E. PROJECT MANAGER - means the Director of the Department of Public Works or his/her designee. 5. Services. A. General i. At the CITY's request, made in accordance with Sub - Section B below, PRINCIPAL shall perform the Services described in Section 6 below. The Services include but are not limited to the services outlined in Section 6 herein and services that may be required in connection with a Project. The Work shall be performed in a sound, economical, efficient and professional manner and within the time and the manner required in the Work Order, as mutually agreed upon by the PRINCIPAL and the CITY. ii. The PRINCIPAL shall perform the Work under the direction of, and in close coordination with, the Project Manager. The PRINCIPAL shall provide all professional and technical services comprising the Work and shall be fully responsible for all the professional and technical aspects thereof. The CITY's review and approval of the Work will relate only to overall compliance with the general requirements of the Project and whenever the term "approval by the CITY" or like term is used in this Agreement, the phraseology shall in no way relieve the PRINCIPAL from any duties or responsibilities under the terms of this Agreement or from using the best professional architectural practices. iii. The PRINCIPAL shall, in the performance of the Work, comply with all Federal, State and Local codes, ordinance and regulations, pertaining to the Project, including, without limiting the generality of the foregoing, the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational Safety and Health Act, The National Environmental Policy Act and Equal Employment Opportunity Legislation. iv. In the performance of the Work, the PRINCIPAL agrees to: a. Strive to complete the Work within the time allowed by maintaining an adequate staff of qualified employees on the Work at all times. b. Be fully responsible for the professional and technical services required to be rendered in the performance of the Work. c. Cooperate fully with the CITY in order that all phases of the Work may be properly scheduled, coordinated, and executed. d. Report the status of the Project to the Project Manager upon request or as required by this Agreement, and maintain all notes, calculations, and related Work open to inspection by the CITY, at all times during the term hereof. e. Prepare the plans, specifications and all other documents pertaining to the Project in compliance with all applicable federal, state and local laws, codes, ordinances and regulations. f. Promptly deliver to the Project Manager copies of minutes of all relevant meetings relating to the Project at which PRINCIPAL is present. g. Be available for general consultation and advice at all times during the term of the Project. v. The CITY agrees to make available to the PRINCIPAL any plans and other data in CITY's possession pertaining to the Work to be performed for the Project. The PRINCIPAL shall recommend to the CITY and be responsible for the review and interpretation of appropriate investigations, surveys, tests, analysis and reports that need to be obtained or performed for the proper execution of the PRINCIPAL's services. The PRINCIPAL shall be responsible of contacting utility companies and obtaining as -built of existing utilities within the project area, and to make his/her own site investigations. B. Requests For Services. i. Except in emergency situations, all requests for Services shall be made by a written Request For Services ("RFS") issued by the Project Manager. In case of emergency, the CITY may issue a verbal RFS to be followed by a written RFS (or, after approval, by a Work Order) and a Notice to Proceed, as soon as practicable thereafter. The RFS shall describe the Project and each section of the Work to be performed by the PRINCIPAL and the time schedule in which the Work must be completed. ii. Upon receipt of the RFS, the PRINCIPAL shall make arrangements to meet with the Project Manager and a meeting shall be held within ten (10) days following receipt of the RFS, to discuss the Construction Budget, estimated amount of compensation, Project schedule and deadline, and the schedule and scope of the Work. All formats for the Work are to be as presently used by the CITY of Miami Public Works Department, unless otherwise directed by the Project Manager. This is to include but not be limited to plans, specifications and contract documents. iii. Subsequent to the meeting, the PRINCIPAL shall submit to the CITY a proposal at no cost to the CITY. If CITY and PRINCIPAL agree on the amount of compensation and the schedule and time for completion of the Work, then the Project Manager shall issue a Work Order and Notice to Proceed. iv. The Services to be rendered by the PRINCIPAL for the Project shall commence within twenty-four (24) hours upon receipt of the Notice to Proceed and shall be completed within the time agreed upon as shown in the Work Order. v. PRINCIPAL understands and agrees that failure to comply with the foregoing provisions within the time required herein may result in the Project being awarded to another firm. Scope of Work - Scope of Work consists of complete professional architectural services for any or all of the six (6) Phases described in Sections A through F below. To the extent that the provision of Services for a Project require any engineering or landscaping architectural services, including but not limited to, civil, structural, mechanical, or electrical, the PRINCIPAL shall use the services of Engineers or Landscape Architects who have been designated as "Approved Sub -consultants," as the term is defined in section 16 herein. The PRINCIPAL agrees to coordinate its effort with that of the Subconsultants involved in a Project to assure fully coordinated and complete Work. The PRINCIPAL shall prepare the final bid package including bid documents and specifications to be prepared by the Sub -consultants or to be provided by the CITY. The PRINCIPAL may also be required to provide consulting services to the CITY on various matters which do not result in drawings or specifications. The CITY acknowledges that any agency of the CITY may purchase services in part or in whole from this contract, provided that written permission is given by the CITY Manager or his designee. A. Phase I - Programming and Schematic Design: i. The PRINCIPAL shall confer with the Project Manager and other designated representatives of the CITY, including the Department in charge of the Project, to determine the general requirements for the completion of the Project all within the Construction Budget which shall have been established by the CITY at project initiation. ii. The PRINCIPAL shall use proper and adequate design control to assure the CITY that the Project will be constructed within the Construction Budget. iii. The PRINCIPAL shall prepare a Design Concept and Schematic Report, if applicable, for presentation to the CITY. This presentation shall include the proposed Project Schedule, a Planning Summary (if applicable), and Schematic Design Studies (as described below), and an estimate of probable Construction Costs. iv. The proposed Project Schedule shall include a timetable indicating the proposed completion date for each Phase of the Project through Design, Bidding and Construction, and the projected date of completion. v. The Planning Summary (if applicable), shall consist of a vicinity plan and a site plan indicating the Project orientation, and a brief summary of all pertinent planning criteria being considered or to be considered in the Project. vi. The Schematic Design Studies shall consist of all drawings (i.e. plans, elevations, sections, etc.) as may be required, to show the scale and relationship of the parts and the overall design concept. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. vii. If necessary, as determined by the CITY the PRINCIPAL shall present the Schematic Design Studies to the appropriate CITY Boards (such as Historic Preservation Board, Planning and Zoning Boards, etc.) for their approval of the proposed plans. viii. The estimate of probable Construction Cost shall include the estimated cost of the Project including governmental permit fees, new utilities, proposed CITY purchased equipment, contingencies (if any), and escalation factors adjusted to the estimated bid date, (if applicable). ix. The PRINCIPAL shall submit to the CITY two (2) copies of all documents required under this Phase, at no additional charge, for approval by the CITY. The PRINCIPAL shall not proceed with the next Phase until directed by the Project Manager. B. Phase II - Design Development: i. From the approved Schematic Design documents, the PRINCIPAL shall prepare Design Development Documents, including the drawings, outline specifications and other documents to describe the size and character of the entire Project as to construction, finish materials, and other items incidental to the Project as may be appropriate and applicable. ii. The Design Development Documents shall include the updated Proposed Project Schedule, Outline Specifications of Proposed Materials and Equipment, Updated Estimate of Probable Construction Cost, and the Design Development Drawings, as required to clearly delineate the Project. If the probable Construction Costs exceed the Construction Budget, then, appropriate reductions in costs or Scope of Project shall be included for CITY's evaluation. iii. The PRINCIPAL shall submit to the CITY, two (2) sets of all documents required under this Phase, at no additional charge, for CITY's approval. The PRINCIPAL shall not proceed with the next phase until directed by the Project Manager. C. Phase III - Construction Documents: i. From the approved Design Development Documents, the PRINCIPAL shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project. The Final Construction Documents shall include complete Drawings and Specifications, the Proposal (Bid) form, Special or Supplemental General Conditions, and other necessary information for bidders. PRINCIPAL shall use the CITY of Miami Public Works Department Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract, and other CITY required documents. In the preparation of the Construction Documents, the PRINCIPAL shall use Construction Specifications Institute (CSI) Standards, including the 16 Division and the 3 part Section format developed and recommended by the C.S.I. for construction specifications. ii. The Construction Documents shall be prepared in a manner that will assure clarity of lineWork, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" size first quality drawing paper or Mylar using CITY's standard format, unless otherwise approved. iii. Whenever possible, the Construction Drawings shall be created by computer using AutoCad. Where AutoCad is used, the PRINCIPAL will also submit a copy of the drawings on a compact disk. When possible, the PRINCIPAL's specifications shall be produced on a word processor using Microsoft "Word" format. Another format may be used only if approved by the CITY. iv. When the development of Construction Drawings has progressed to at least 50%,completion in (the "50% check"), the PRINCIPAL shall submit to the CITY, at no additional charge, two (2) copies thereof together with an updated set of Specifications and an updated Estimate of Construction Costs. v. The PRINCIPAL shall not proceed with the further development of the Construction Documents until it has received CITY's approval of the 50% Check Set. The PRINCIPAL shall make all reasonable changes required by the CITY. In the event the latest estimated Construction Costs reveal that the cost of the Project will exceed the Construction Budget, then, at the Project Manager's request, all Work shall be stopped until the PRINCIPAL and the CITY agree on methods of cost reductions or changes in scope sufficient to enable construction of the Project within the Construction Budget. vi. Upon completion of the Construction Documents, the PRINCIPAL shall submit to the CITY, at no additional charge, a final Estimate of Construction Costs along with two (2) sets of final construction drawings and specifications, for final review, and approval. vii. The PRINCIPAL shall make all the necessary presentations of the final plans to the appropriate CITY Boards for their approval, as outlined and identified within the Work order and corresponding scope of Work. viii. PRINCIPAL shall make all required changes or additions and resolve all questions resulting from the CITY's final review. This shall be at no additional charge to the CITY, except for changes requested by the CITY that are in conflict with prior CITY directives or approvals or constitute the CITY's modifying the scope or program of the project. All revised documents shall be submitted to the CITY for approval. After final approval by the CITY, the PRINCIPAL shall furnish, at no additional charge, a master set of reproducible drawings and specifications and provide two (2) sets of prints of the final drawings and specifications to the CITY. If additional sets of prints are authorized for bidding purposes, the CITY shall reimburse the PRINCIPAL for the cost of printing additional drawings and specifications. ix. The PRINCIPAL shall conduct "dry runs" of the final construction plans to the Building Department and other appropriate governmental authorities, as necessary to ascertain that the construction documents meet all the requirements for construction permits. The PRINCIPAL shall make all necessary corrections, modifications, and additions to the construction documents (plans, specifications, etc.) necessary for permitting. The PRINCIPAL shall assist the CITY in filing the necessary documents and obtaining the approval for utilities (such as water, sewer, electric, telephone, gas, etc.) as well as the approval from all other applicable governmental authorities (such as environmental, health, building, zoning, etc.). D. Phase IV - Bidding and Negotiation Phase: i. The Bidding and Negotiation phase shall be conducted in accordance with the CITY's established or approved process. The PRINCIPAL shall assist the CITY in obtaining and awarding bids and preparing construction contracts. After receipt of bids, the PRINCIPAL shall evaluate the bids and assist the CITY in making a recommendation to the CITY Commission. ii. During the advertisement and bidding period the PRINCIPAL shall prepare any necessary Addenda, with accompanying drawings or other materials, as may be required. An original copy of each Addendum shall be submitted to the Project Manager for approval and a copy of the same shall be furnished to each of the Bidders that have picked up a set of Contract Documents for purposes of bidding. iii. The PRINCIPAL shall attend pre -bid conferences when they are deemed necessary by the CITY. iv. During the bidding period, the PRINCIPAL shall interpret Construction Documents in writing, and prepare any supplementary drawings or specifications necessary for the clarification of the documents. The PRINCIPAL shall also assist the CITY in preparing responses to inquiries from prospective bidders. v. If the lowest responsible bid received exceeds the Construction Budget the CITY may: a. approve the increase and award the construction contract to such bidder, or b. reject all bids and rebid the Project within a reasonable time with no change in the Project Bid Documents, or c. direct the PRINCIPAL to revise the Scope and/or quality of the Project only if the bid exceeds the construction budget by more than ten (10) percent. In such event the PRINCIPAL shall modify the Construction Documents as necessary to bring the Estimated Construction Cost within the Construction Budget. Such modifications shall be at no additional charge to the CITY unless the excess in Construction Costs is due to a change in scope requested by the CITY or due to unforeseen circumstances such as force majeur or undue delay on the part of the CITY in bidding the Project, or d. suspend or abandon the Project. E. Phase V - Administration of the Construction Contract: i. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final payment is approved by the CITY. ii. Unless otherwise provided, the CITY's Public Works Department will administer the Construction Contract and will assign an inspector to the Project. The PRINCIPAL shall advise and consult with the Project Manager or the CITY Inspector when appropriate. The PRINCIPAL shall have only limited authority to act on behalf of the CITY and only to the extent provided in the General Conditions or in the Supplementary Conditions of the Construction Contract. CITY shall have final approval of all changes in the Construction Work and Costs. iii. The PRINCIPAL shall attend pre -construction meetings and job meetings where its presence is required to resolve problems or disputes with the construction runs. iv. The PRINCIPAL shall at all times have access to the Project during the construction phase, so it may adequately perform as intended under this Agreement. v. The PRINCIPAL shall visit the construction site at regular intervals appropriate to the project and during all key construction events, as defined in the Work order or otherwise agreed by the PRINCIPAL and Project Manager to evaluate the progress of the Project and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. The PRINCIPAL will not be required to provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise authorized or directed in writing by the CITY, and compensated accordingly for his services. vi. The PRINCIPAL shall have no responsibility to supervise and control those actions of any parties not directly employed or retained by the PRINCIPAL. On the basis of the on -site observations, the PRINCIPAL will advise the CITY as to the progress of the Work and any observed defects and deficiencies. vii. The PRINCIPAL shall furnish to the CITY a written report describing its observations of the Work, during each visit to the site, and the general status and progress of same. All reports shall be submitted in a timely manner. The PRINCIPAL shall ascertain, at least monthly, that the Contractor is making timely, accurate, and complete notations on record drawings. viii. Based on observations at the site and on its review of the Contractor's Payment Certificate, the PRINCIPAL shall assist the CITY in determining the amount due the Contractor and shall recommend approval or rejection of the Certificate of Payment and the amounts of each. ix. The PRINCIPAL's recommendation for approval of a Payment Certificate shall constitute the PRINCIPAL's representation and certification to the CITY that the Work has progressed to the point indicated, and that it has been performed in accordance with the Contract Documents subject to: a. an evaluation of the Work for conformance with the contract documents upon substantial completion. b. the results of any subsequent tests required by the Contract Documents, and c. minor deviations from the Contract Documents correctable prior to completion and acceptance of the Project. x. The PRINCIPAL shall have an affirmative duty to recommend rejection of Work which does, not conform to the Contract Documents. Whenever, in its reasonable opinion, the PRINCIPAL considers it necessary or advisable to insure compliance with the Contract Documents, the PRINCIPAL will have authority, after approval from the Project Manager, to recommend special inspections or testing of any Work deemed not to be in accordance with the Contract Documents whether or not such Work has been fabricated and delivered to the Project, or installed and completed. However, neither this authority of the PRINCIPAL nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the PRINCIPAL to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or any other persons or entities performing portions of the Work. xi. The PRINCIPAL shall promptly review and approve shop drawings, samples, and other submissions of the contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence by the Project Manager. xii. The PRINCIPAL shall provide the CITY with copy of all shop drawings, duly reviewed by the PRINCIPAL, for the CITY's permanent records. xiii. The PRINCIPAL shall review all test reports required by the Contract Documents and notify the CITY of any noncompliance with the Contract Documents. xiv. The PRINCIPAL shall witness all tests that it is required to witness by Code or by the Contract Documents and shall provide to the CITY written reports of all such tests. xv. The PRINCIPAL shall receive all samples required to be furnished by the contractor and shall record the date of receipt and its source, examine said samples, notify the CITY of the approval or rejection of said samples, and maintain custody of approved samples. xvi. As part of the Project Scope, the PRINCIPAL shall, if necessary, assist the CITY in the preparation of bids for the purchases of equipment, fixtures, and furnishings for the Project. Upon receipt of these bids, the PRINCIPAL shall assist the CITY in its evaluation and make recommendations related to the procurement and the installation of said equipment, fixtures, and furnishings. xvii. The PRINCIPAL shall review and recommend action on proposed Change Orders within the scope of the Project. This includes Change Orders initiated by others or any proposed Change Orders recommended by the PRINCIPAL based on his observations. xviii. The PRINCIPAL shall examine the Work upon receipt of the Contractor's Certificate of Substantial Completion for the Project and shall prepare a punch list of any defects and discrepancies in conjunction with the Project Manager. After the punch list items have been satisfactorily completed and approved by the PRINCIPAL, the PRINCIPAL shall recommend execution of Certificate of Final Acceptance and Final Payment to the contractor. PRINCIPAL shall also obtain from the contractor all warranties, guarantees, operation and maintenance manuals, releases of lien, extra materials required by the contract, and certificates as may be required by the specifications or applicable laws, and deliver them to the CITY. xix. The PRINCIPAL shall provide assistance in obtaining contractor's compliance with the Contract Documents relative to, a) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, b) initial start-up and testing, adjusting and balancing of any equipment or systems, and c) final clean-up of the Project. F. Phase VI - Post Construction Administration: i. The PRINCIPAL shall furnish to the CITY reproducible "as -built" record drawings based on information furnished by the contractor. These drawings shall become the property of the CITY. ii. The PRINCIPAL shall assist the CITY in the observation of the Work one month before the expiration of any guarantee period and shall report to the CITY any defective Work in the Project which is under guarantee/warranty. The PRINCIPAL shall also assist the CITY with the administration of guarantee/ warranties for correction of any defective Work that may be discovered during the guarantee/warranty period. 7. Project Completion Time. The Work shall be performed within the time allocated to each phase thereof and shall be completed within the time agreed upon. A reasonable extension of the Work time will be granted in the event of a delay caused by the CITY's failure to fulfill its part of the Agreement as herein required or by other reasons, such as weather, beyond the control of the PRINCIPAL. 8. Extension of Expiration Date. In the event the PRINCIPAL is engaged in any Project(s) on the Agreement Expiration Date, then this Agreement shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the Expiration Date. 9. CITY's Services and Responsibilities. The CITY shall make available to the PRINCIPAL for its inspection, all plats, maps, surveys, aerials, records and other information regarding the Project that the CITY has as its disposal. 10. Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to Exceed Fee", as described hereunder, based on the nature and scope of the Work. The method of compensation shall be agreed upon prior to issuance of the Work Order. Notwithstanding anything herein to the contrary, the CITY and the PRINCIPAL agree that the total compensation permitted for all Work under this Agreement shall not exceed the sum of $600,000. A. FIXED FEE: The fee for a task or a scope of Work based on a fixed fee shall be mutually agreed upon by the CITY and the PRINCIPAL. B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on an hourly rate fee. The hourly rate fee shall be computed based on the hours Worked by individuals in the following categories. The Hourly Rate for each category, as shown below, includes all equipment, supplies, materials, tools , labor, wages, taxes, insurance, benefits, overhead and profit and shall be applicable to any necessary overtime Work. Category Hourly Rates Principal in Charge $150.00 Principal Architect $142.50 Project Manager $110.00 Registered Architect $104.50 Architect $77.50 Professional Engineer $104.50 Engineer $82.50 Registered Landscape Architect $85.00 Draftsperson $65.00 Engineering Technician $60.50 Administrative(Billing, Reports Preparer) $50.00 Clerical (Filing, Light Word Processing) $42.50 Permit Expediter n/a Construction Manager (Supervisor) $95.00 Construction Inspector $71.50 3-Man Survey Crew (Half Day Min.) $100.00 Cadd Operator $58.30 Estimator/Scheduler n/a Principal Engineer $137.50 Principal Landscape Architect $121.00 Senior Estimator/Schedule n/a 11. Payments of Compensation. Compensation shall be paid monthly in accordance with invoices detailing the fees and expenses, for Work performed during the immediate preceding calendar month. Payment shall be made within thirty (30) days following Project Manager's receipt of the invoices, in triplicate. The invoices shall include the following information: A. Total contract amount. B. Percent of Work complete to date. C. Total amount paid to date. D. Amount previously billed. E. Amount of invoice. F. Summary of Work done during the billing period. G. Invoice number and date. 12. Schedule of Work. The CITY shall have the sole right to determine which Project shall be assigned to the PRINCIPAL. The schedule of Work and time for performance will be mutually agreed upon by the CITY and the PRINCIPAL. 13. Extra Work Expenses. If the PRINCIPAL has incurred extra Work or expense due to changes ordered by CITY after any portion of the Work is approved by the CITY, then the payment for such extra Work shall be the subject of a Change Order, and shall be approved, in writing, by the CITY if, in the CITY's reasonable opinion, such Change Order is warranted. If the PRINCIPAL caused extra Work or expense without previous approval by the CITY, such extra Work shall be the subject of an additional Work order and the cost of the extra Work shall be sole responsibility of the PRINCIPAL. 14. Reimbursable Expenses: Reimbursable expenses are to be paid in addition to compensation for Basic Scope Services and include expenses incurred by the PRINCIPAL, its employees and other consultants in the interest of each Project, as identified as follows and if authorized in writing, by the CITY's Project Manager and proper documentation is provided to the CITY's Project Manager. A. Providing the services of special specialists, such as traffic, soils, environmental, etc., in addition to those that are required to provide the basic scope of services. Unless otherwise agreed, the extra expense of specialists, when authorized, shall be the amount paid to the specialist. The compensation for these services shall be done as reimbursable expenses. This Section does not apply to Professional Services of those individuals and specialists employed by the PRINCIPAL. B. Expenses of surveys of existing sites and buildings if paid by the PRINCIPAL. C. Fees paid by the PRINCIPAL for securing approval of authorities having jurisdiction over the projects. D. Costs of testing, strength of materials, soils, chemical, mechanical or other tests, connected with construction projects, if paid by the PRINCIPAL. E. Traveling outside of Miami -Dade County when authorized in advance by the CITY's Project Manager. Transportation and living expenses of PRINCIPALs or employees shall be paid not to exceed limitations established by law. F. If required by the CITY's Project Manager, providing site personnel, threshold inspector, etc. G. Changes in the Project initiated by the CITY or Contractor. 15.Approval of Calculations, Reports and Drawings. The CITY agrees within thirty (30) days after delivery, it will, approve, reject, or return with indicated suggested revisions or recommendations, all field notes, drawings, calculations, reports or other written communications submitted by the PRINCIPAL to the CITY for approval. Such approval, revisions or recommendations by the CITY shall not relieve the PRINCIPAL of its responsibility for the Work. Any errors noted in the calculations or drawings submitted by the PRINCIPAL will be corrected at no additional cost to the CITY. All certified plans and other final drawings required under this agreement shall be delivered to the CITY in a reproducible form such as an original ink drawing on high quality Vellum or a reverse Mylar made from an original ink drawing. In either case, the reproducible of registered plans shall be affixed with the architects or engineer's embossed seal and signature. 16.Sub-consultants. A. Selection of the PRINCIPAL by the Competitive Selection Committee was based, in part, on the qualifications and expertise of the Sub -consultants listed in response to the "Request for Proposals" (RFP) if Sub -consultants were listed (the "Approved Sub -consultants"). The PRINCIPAL shall employ Approved Sub -consultants where their specialties are required to perform the Work for an assigned Project. B. The PRINCIPAL may choose additional Sub -consultants provided it first obtains the prior written approval of the CITY. The PRINCIPAL may not exclude Approved Subconsultants from a Project without the CITY's prior written consent. The reasons for hiring additional Sub - consultants or for the replacement of the Approved Sub - consultants shall be detailed in the PRINCIPAL's written request for CITY's consent. C. The PRINCIPAL shall be responsible for all the Work of its organization, employees and its Sub -consultants. Nothing contained in this Agreement shall create any contractual relationship between any of the Sub - consultants Working for the PRINCIPAL and the CITY. The PRINCIPAL agrees and understands that it is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the Work. D. Sub -consultants that must be used are: Donnell, Duquesne & Albaisa, P.A. H. J. Ross Associates, Inc. Rimley-Horn and Associates, Inc. Curtis & Rogers Design Studio, Inc. Schrimer Engineering Corporation 17.Conflict of Interest. A. PRINCIPAL covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with the CITY. PRINCIPAL further covenants that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of PRINCIPAL or its employees, must be disclosed in writing to CITY. B. PRINCIPAL is aware of the conflict of interest laws of the CITY of Miami (CITY of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 18.Ownership of Documents. All reports, tracings, drawings, plans, specifications, survey information maps, computer media, and other data developed by the PRINCIPAL for the purpose of this Agreement shall become the property of the CITY without restriction or limitation upon use and shall be made available by the PRINCIPAL at any time upon request of the CITY. When any Work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be delivered to the Project Manager. 19.Termination and Suspension of Agreement. A. The CITY retains the right to terminate this Agreement at any time prior to the completion of the Work without penalty to the CITY. In such event, the CITY shall give written notice of termination to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered up to the date of the notice, provided, however, that the PRINCIPAL is not in default under the terms of this Agreement and as set forth in Section 30 hereof. B. In the event of termination, all documents, plans, and other documents developed by PRINCIPAL under this Agreement shall become the property of the CITY, with the same provisions of use as set forth herein. C. It is further understood by and between the parties that any information, contract documents, plans, drawings, or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PRINCIPAL for any other purposes whatsoever without the written consent of the CITY. 20.Award of Agreement. A. The PRINCIPAL warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. B. The PRINCIPAL also warrants that to the best of its knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement or the Work. 21.Entire Agreement. This Agreement represents the entire and integrated agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument executed by CITY and PRINCIPAL. 22. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. 23. Right to Audit. The CITY reserves the right to audit records of the PRINCIPAL pertaining to this Agreement anytime during the term hereof, and for a period of three (3) years after final payment is made under this Agreement. 24. Insurance. PRINCIPAL shall maintain during the terms of this Agreement the following insurance: A. Comprehensive General Liability Insurance in amounts not less than $1,000,000.00 Combined Single Unit for bodily injury and property damage liability and said insurance shall include contractual liability coverage. The CITY of Miami shall be named as primary Additional Insured. B. Professional Liability Insurance in a minimum amount of $1,000,000.00 covering all liability arising out of the terms of this Agreement. C. Workers' Compensation Insurance in the statutory amounts. D. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used by PRINCIPAL in connection with Work arising out. of this Agreement. Coverage shall be written with at least statutory amounts for Bodily Injury and Property Damage. E. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and which are approved according to specifications of the Risk Management Division of the CITY of Miami. All policies required hereunder shall name the CITY as "Additional Insured". F. The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of any Work, which shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without the thirty (30) days written notice of the CITY. G. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its liability and obligations under this Section or under any portion of this Agreement. 25.Right of Decisions. A. All services shall be performed by the PRINCIPAL to the satisfaction of the Project Manager who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the Services hereunder, and the character, quality, amount, and value thereof, and the Project Manager's decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. B. In the event that the PRINCIPAL does not concur in the judgment of the Project Manager as to any decision made by him, the PRINCIPAL shall present his written objections to the CITY Manager. 26. Non -Discrimination. The PRINCIPAL shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, handicap or marital status. The PRINCIPAL shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity Clause. 27. Construction of Agreement. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. 28. •Independent Contractor. The PRINCIPAL and its employees and agents, shall be deemed to be Independent Contractors and not agents or employees of the CITY; and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any right generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. 29. Non-Delegability. It is understood and agreed that the obligations undertaken by the PRINCIPAL pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent, which may be withheld at CITY's sole discretion. 30. Default Provision. In the event that PRINCIPAL shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, in addition to all other remedies available by law, at its sole option, upon written notice to PRINCIPAL may cancel and terminate this Agreement, and all payments, advances or other compensation paid to PRINCIPAL by CITY while PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to CITY. 31. Contingency Clause. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 32. Minority Procurement Compliance. The PRINCIPAL acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the CITY of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 33. Indemnification. The PRINCIPAL covenants and agrees that it will indemnify and hold harmless the CITY, its officers, agents and employees from any and all claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions of the PRINCIPAL or any of its officers, agents, employees, whether direct or indirect, provided, however, that PRINCIPAL shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the sole negligence of the CITY or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any particular insurance coverage in this Agreement. 34. Notice. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI: PRINCIPAL: City Manager 444 S.W. 2Avenue Miami, Florida 33130 Public Works Department Attn: John H. Jackson Zyscovich, Inc. Attn: Bernard Zyscovich 444 S.W. 2nd Avenue Miami, FL 33130 (305) 416-1223 City Attorney 444 S.W. 2'd Avenue Suite 945 Miami, Florida 33130 100 N.Biscayne Blvd. 27" floor Miami, FL 33132 (305) 372-5222 35.Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 36.Miscellaneous Provisions. A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the CITY of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. ZyscovichT /nc. a Florida -Corporation. President CITY PP MIAMI. a municipal Corporation of Uwe State. of Florida IN WITNESS WHEREOF, patties :hereto have, through their proper corporate officials, executed this Agreemeht, the day and year first above set forth. Ar"ToST: PRISCILLAA. TEOM City Clerk ACKS , Direc o artmert Of Public Works APPROVED. AS CORRE - SS; RO VI tl AttorAPY swlescii FORM AND ;I:.C7L:tyortKtamiaiscSvCs.4c4 S IMENz2 City Manager APPROVED AS TO INV., CE 2SQUIREMENTS: ;SUE wrazzg,. Acin Risk..manngement, • cOPJjpATE RESOLUTION WHEREAS, the Board of DireCtors. of ZYSCOVICH, INC. has examined terms. conditions, and obligations of the proposed contract with the City .0f Miami for Professional Architectural Services WHEREAS, the Board ,of Directors at a duly held corporate meeting hav considered in er in accordance with the by-laws of the corporgi on; NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ZYSCOVICH; MC, that thepreSiderit arid. seeretary. are :hereby authorized and instructed to enter into a.coritractinijie !tame of,,and on behalf-of:this corporation. with the City of Miami for :PrOfesSional ArchitecturalServkes, in. accordance With:the toritract'docunterics furnished by the City of ',Miami, and for the price and upon the terms aild payments contained In the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF. this 6 2002 J-02-1 2/4/02 • RESOLUTION NO, ° 2'- 144 A RESOLUTION OF THS MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING TEE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE E'N0NGS OF THE SELECTION COMMITTEES, PURSUANT TO REQUEST FOR PROPOSALS, FOR THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR PUBLIC WORKS CATEGORY "B" DESIGNATED FROCZOTS FOR 2002 THROUGH 2004 LISTED BY SPECIALTY =t1 RANK ORDER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH EACH FIRM IN AN AMOUNT NOT TO EXCEED THE AMOUNT INDICATED IN ATTACHMENT "A" FOR EACH SPECIALTY FOR EACH 'FIRM; ALLOCATING FUNDS FROM INDIVIDUAL PROJECT ACCOUNTS. BE IT RESOLVED BY THE C0N1MSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recommendaton o the Ciy Manager tc approve the findings of the selecti n committee, pursuant to Request for Proposals, as to the most qualified firms to provide professional engineering construction management services for Public Works Category "B" designated projects for 2002 through 2004, listed herein in ran'n order, are accepted: 1. The Co adino Group, Inc. 2. Nova Consulting Inc, 3. Marlin Engineering Inc, 4, Civil-Cadd Engineering Inc. 5. CES Consultants, Inc. (ALTERNATE) 6, PSSE,J (ALTERNATE) CITY COMMISSON MEETIIM CIF C7C El 1 p /1 fi tior. 2. The recommendation cf ;he City Manager o p rove the findings of the selection committee, pursuant to Request for Proposals, as to the most qualified firrr.s to provide professional ADA requirement services for Public Works Category " designated projects for 2302 through 2004, listed herein in rank or.er, are accepted: PES&J 2. R 0 A hitect.s + Planners, Inc. 3. Gurri mute, P. A. (ALTERNATE) Section 3. The recommendation of the City Manager to approvethe findings of the selection committee, pursuant Request for Proposals, as to the most qualified firms to provide p_ fessional architectural engineering services for Public Works Category "B" designated projects for 2002 through 2004, listed herein in rank order, are accepted: 1. CSA Southeast, Inc. (C.A.P. Eng. Consultants, Inc.) 2, Indigo Service Corporation Section 4. The recommendation cf the City Manager to approve the findings of :he sej.ection committee, pursuant to Request for sals, a to the Most qualified firms to provide professional architecture services for Public Works Category "B" designated projects for 2002 through 2004, listed herein in rank orer, are accepted: 1. Gurri Matute PA 2. Zyscovich, Inc. 3. R.J. Heisehbott2.e Architects, P.A. 4, R.E. Chisholm Arc ozs, Inc. 5, Bermello, Ajami1 & Partners, Inc. (ALTERNII,TE) 6, E1BBJ (ALTERNATE) Page 2 of O2 144 • =40 i I 1L- C.7.r• ur SeCtior. 5. The recommendation of the City ,.ianager approve the findings of the selection committee, pursuant Request for Proposals, as to the mc ified firms to provide orofessna1 envizonmental engineering services for Public Works Category "B" designated projec:s for 2002 through 2004, listed herein in rank order, are ccepted: 1. ATC Group Services Inc. 2. H.J. Ross Associates, Inc. 3. URS Corporation 4. END Engineers, Inc. 5. Nova Consulting :nc. (ALTERNATZ) 6. Consulting Engineering & Science, :nc. (ALTERNATE) Section 6. The recommendation of the City Manager to approve the findings of the selection committee, pursuant to Request roposals, as to the most qualified firms to provide professional general engineering services for Public Works Category "E" designated projects2002 through 2004, listed herein in rank order, are accepted: H.J. Ross Associa_es, Inc. 2, Kunde, Sprecher & Associates, Inc. 3. Metric Engineering, Inc. 4. '.;,SS&J 5. Marlin Sngineering, Inc. 6. PHS Engineering Corp, 7, URS Corporation (ALTERNATE) 8. Kimley-Horn and. Associates, Inc. (ALTERNATE) Section 7, The rec mmendation of the City Manager to approve the findings of the selection committee, pursuant to Request for Proposals, as to the most qualified firms to provide Page 3 of 7 02 4 4 Li«LLL 7J0 1010 'proessonal landscape architecture services or Public works Category " des±gnated prcjcts for 2002 throgh 2004, listed herein in rank order, are a epted; aPP 1. Falcon & Bueno 2. Curtis & Rogers Design Studio, Inc. 3. Kimley-Horn and Assooiates, Inc. 4, EDAW, Inc. (ALTERNATE) Section E. The recommendation of the City Manager to ve the findings of the selection committee, pursuant to Request for Proposals, as to the most qualified firms to provide professional mechanical engineering services for PublicPubLc orks Category "B" es.gnateddesignated projects for 2002 through 2004, listed herein in rank =der, are accepted: Louis J Aguirre & hssociates, P.A. 2. Johnson, Hernandez Associates Inc, 3. Gartek Engineering Corporation (ALTERNATE) Section 9. The recommendation of the City Manager to approve the findings of the selection committee, pursuant to Request for Proposals, as to the most qualified firms to provide professional structural engineering services for Public Works Catery ignat d projects 2002 through 2004, listed herein in rank order, are accepted: 1. San Martin Associates, Inc. 2. Avert, Inc, 3. EAC Consulting, Inc, Section 20. The recommendat approve the findings of the sel on of the City Manager ion committee, pursuant to Request for Proposals, as to the most qualified firms to provide Page 4 of 7 .J A a profess 1 surveying and mapping services for PubicTr:orks Category "B" designal..ed projects for 2002 through 2004, listed herein in rank crde-, are accepted: 1. PBS&J 2. Fernando Z. Gatell 2. L. S., Inc. 3. Weidener Surveying and Mapping, F. A. 4, Craven Thompson & Associates, Inc, 5. Williams, Hatfield & Stoner, Inc. 6, Leiter, Perez & Associates, Inc. Section 11. The recommendation of the City Managez to approve the findings of the selection committee, pursuant to Request foz Proposals, as to the mcst qualified firms to provide professional value analysis and cost estimate services far Public Works Category " " designated projects for 2002 through 2004, listed herein in rank order, are accepted: 1. A2 Group, Inc. 2. PBS&J 3. Grace & Naeem Uddin (ALTERNATE) Sectiori 12. The recommendation of the City Managerto approve the findings of the selection committee, pursuant to Request for Proposals, as to the rnost ualified firm to provide professional air conditioniny service for Public Works Category "B" designated projects for 2002 through 2004, listed herein is accepted: 1. Grace & Naeem Uddin Section 13. The recommendation of the City Manager to approve the findings of the selection committee, pursuant to Request for Proposals, as 7.3 the most qualified firrn to provide ,-111 LJI I orofessional life safe:y 5ervice5 for Public Works 03te90ry "B" designated projects for 2002 through 2004, listed herein accepted: 1. Gurri Matute, F.A. Section 14. The recommendation e City Manage to approve the findings o the selection committee, pursuant to Request Proposals, s to the most qualified firms to provide professional roofing services for Public Works Category "2" designated projects for 2002 through 2004, listed herein in rank order, are accepted: 1.Building Diagnostics Associates, EA 2. International Logistics Group Section 15. The City Manager is authorized1/ to negotiate and execute Professional Services Agreements, in a form acceptable to the City A:torney, with each firm in an amount rot to exceed the amount indicated in Attachment "A" for each specialty for each firm, with funds allocated from individual project accounts. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including bU7 not limited tc those preszribed by applicable City Charter and Code p;-ovisionS. Page 6 of 7 02 144 Section 16. Ths Resoluton shaLl become effective immediately upon its adoption and signature cf the Mayo PAssro AND DOPTE this 14th ATTEST: Sylv Scheider Acting Cit lerk AFPR TO/FORM F:ND CO ANDRO VILAREL ATTORNEY W597S:LE day of February 2/ 20C2. If the Mayor does not sign this Resolution, it shall become effective az the end of ten calebdar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the wito by the City Commission. 1k3;,4( ATTACHMENT "A" ENGINEERING CONSTRUCTION MANAGEMENT: $600,000 ADA (DISAPLE REQU:REMENTS): $100,000 ARCHITECTURAL-ENGINEERIN SERVICES (Building & $600, 000 ARCHITECTURE: $600,000 ENVIRONMENTAL ENGINEERING: $600,000 GENERAL ENGINEER:NG: S700,000 LANDSCAPE ARCHITE TURE: $400,000 MECHANICAL ENGINEERING: $200,000 STRUCTURAL ENGINEERING: $200,000 SURVEYING AND MAPPING: $200,000 VALUE ANALYSIS AND COST ESTIMATE: $200,000 AIR CONDITIONING: $200,000 LIFE SAFETY: $200,000 ROOFING: $200,000 AGENDA ITEM SUMMARY FORM FILE ID: 05- ootoi 27/2005 Com ion Meeting Date: 2/24/2005 Requesting Department: Capital Impv District Impacted: all ((3) Type: i Resolution 0 Ordinance D Emergency Ordinance D Discussion Item Subject: Professio servaces Work Order for Zyscovich B-35857" pose of To authorize the City Mana Jose Marti Gym (B-35857) to $580,828, with funds allocated Expansion". Background Information: o execute and issue a Work Order fo covich , Inc. as the lead consultant CIP No. 333142 entitled "Jose e nroiect e comprehensive design of the amount not to exceeed i - East Little Havana Park The City has established a capital improvement pr under the Homeland Defense - Neighborhood Improvement Bond program to design and cons et a nasium in Jose Marti Park, located at 351 SW 4th Street, Miami. In December of 2004, e City de rmined that this Project is best implemented using a Construction Manage n -at-Risk ap ach, with Pirtle Construction, Inc. serving as the contractor and Zyscovich, c. ("ZYSCOVICH as the lead consultant of the design team; pursuant to Resolution No, 04-07 6. The City previously entered into agreement with ZYSCOVICH da -d June 24, 2002, pursuant to Resolution No. 02-144 adopted. February 14, 2002. Under that agree ent, ZYSCOVICH provides the City with professional desservices in the field of architecture on an needed basis for three years, with the option on of the City to extend the agreement for an a ditional year delegated to the City Manager. As a result of the fo oing, ZYZCHOVICH has submitted a proposal for a Work 0 e Authorization ("W k Order") to the City to provide the comprehensive design service' the Project, at a cos o to exceed $580,828, which has been reviewed and accepted by the Capital Impro -ments and Transportation. Budzet Impact Analysis NO Is this item related to revenue? Y Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: 333142 YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: $7.100,000.00 SU 6ST I TOTE D Page 1 of 2 intenance Cost: To Fiscal Impact: $0.00 $7,100,000,00 Final Approvals (SIGt AND DATE). CIP Budget If Wing 0r rer.civ ngea. firnd3 Grants Risk Mana Purch ept. Director Chief IIIfIII. IJCi1y Manager Page 2 of 2