HomeMy WebLinkAboutSummary Form SubstituteAGENDA ITEM SUMMARY FORM
FILE ID:
Date: 9/11/2005
Requesting Department: Capital Impvts. and Transp.
Commission Meeting Date: 9/8/2005 District Impacted: All
Type: ® Resolution n Ordinance n Emergency Ordinance n Discussion Item
II
Other
Subject: Professional Services Agreement with HDR En ing eering, Inc. for Professional Program
Management Services
Purpose of Item:
To authorize the execution of a Professional Services Agreement ("PSA") and Work Order No. 1, in
substantially the attached form, with HDR Engineering, Inc. ("HDR") for Professional Program
Management Services for the Capital Improvement and Transportation Program (CITP) for a one year
period, with the option for five additional one-year extensions, pursuant to RFP 04-05-019.
Background Information:
The City has established a sizeable capital and transportation improvement program currently funded
at over $675,000,000 and consisting of over 1,100 projects that have been or will be funded through
the Homeland Defense and Neighborhood Improvement Bond Program, Miami -Dade County's '/2
Cent Transportation Surtax and Miami -Dade County's General Obligation Bond, among other
sources. Starting in January 2004, the City Commission authorized the Administration to secure on-
going program management assistance by piggy -backing onto other governmental contracts with
well-known and respected consulting firms.
(Continued on second page)
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: various accounts
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP Budget
If using or receiving capital funds
Grants Risk Management
Purchasing Dept. Director
Chief City Manager
Background Information Continued:
Subsequently, the City conducted a competitive selection process, and issued RFP No. 04-05-019 for
these critical services. Three responses were received, evaluated, ranked and then approved by the
City Commission. Pursuant to Resolution 05-0289, adopted 5/12/05, HDR Engineering, Inc. was the
top -ranked firm, followed by PBS & J and CSA Southeast, Inc. That resolution also authorized the
City Manager to negotiate with HDR.
A PSA has been successfully negotiated with HDR a contract for one year with the option for
five additional one year extensions, setting forth the terms and conditions for the services to be
provided. The PSA primarily provides for comprehensive program management services, with
divisions for production (design and engineering) management and construction management.
Secondarily, the Agreement allows the Administration to secure specialized services in related areas
or for highly technical and complex projects, such as transit program management for the Midtown
Streetcar program. These specialty services are to be assigned via Work Order and are subject to City
Commission and/or City Manager approval, consistent with the provisions of the City Code.
The PSA requires the firm to submit an Annual Work Program to the City Manager for
approval, and provides for annual compensation for primary program management services in an
amount not to exceed $5,780,678 over the initial year of the contract. Funds are available from
individual Capital Improvement Projects and designated project funds as the assignments are made.
Specialty Work Order No. 1, for the Streetcar Program is also attached for City Commission
approval. The maximum fee for the Streetcar Program for the first year is $1,500,199.
A summary of compensation estimates are shown in the attached Exhibit A.
•
•
City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
File ID: 05-00398
Enactment #: R-05-0289
Version: I
Type: Resolution Status: Passed
Enactment Date: 5/12/05
Introduced: 4/25/05 Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION
OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE,
PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-019, THAT THE FIRMS MOST
QUALIFIED TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE DEPARTMENT OF
CAPITAL IMPROVEMENT PROJECTS AND TRANSPORTATION, IN RANK ORDER, ARE: (1)
HDR ENGINEERING, INC. ("HDR"), (2) PBS&J, INC., AND (3) CSA SOUTHEAST, INC.;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES
AGREEMENT ("AGREEMENT") WITH HDR, THE TOP -RANKED FIRM; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED AND
THIRD -RANKED FIRMS, IN RANK ORDER, IN THE EVENT NEGOTIATIONS FAIL WITH THE
TOP -RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED
AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL.
WHEREAS, the City of Miami ("City") has many construction and building projects funded in the Capital Improvement
Program for which management and administrative services will be required far in excess of what can be handled by in-house
resources; and
WHEREAS, the City conducted a competitive selection process, and issued Request for Proposals ("RFP") No.
04-05-019, in accordance with the Code of the City of Miami, Florida, as amended, to secure qualified outside consultant to
fulfill this need; and
WHEREAS, three (3) proposals were received, the three firms were ranked by the Selection Committee, and such ranking
was approved by the City Manager; and
WHEREAS, the Department of Capital Improvements Projects and Transportation ("Department") shall negotiate a
Professional Services Agreement ("Agreement") with the highest ranked firm; and
WHEREAS, should negotiations fail with the highest ranked firm, the Department Will negotiate an Agreement with the
second and third -ranked firms, in rank order; and
WHEREAS, upon successful negotiations with the selected consultant, the Department will request City Commission
approval for the City Manager to execute an Agreement to commence services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
City of -Miami
Page 1 Printed on 6/20/2005
•
•
•
Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(2)
City of Miami
Page 2 Printed on 6/20/2005
Program Management Services for the Capital and Transportation
Improvement Program
PROFESSIONAL SERVICES AGREEMENT TERM SHEET
TERM/CONDITION
DESCRIPTION
EFFECTIVE DATES
August 1, 2005 —July 31, 2006 plus options to extend for five (5) additional 1-year
periods
SERVICES
Program management for the implementation of the Capital Improvement and
Transportation Program (CITP), consisting of 1,100 projects with over
$675,000,000 in funding commitments. Program Manager serves as an extension
of staff, providing all administrative, technical, and management activities
associated with leading and/or supporting the City in this effort.
Program Management services include, but are not limited to, research and
preparation of reports and studies, coordination with community organizations,
project management, production management, construction management, cost
estimating, value engineering, scheduling, GIS production/management, utility
coordination, technology and information systems development and maintenance
for the CITP, document control and records management, and administrative,
contractual, and financial program management. The Services may further include
but are not limited to planning, programming, field investigations, observations,
feasibility studies, and other activities that may be required to complete the Annual
Work Program and approved Work Orders.
• PRIMARY SERVICE: Those services considered by CITY to be fundamental
to the successful management of the overall CITP. Includes general program
oversight, plus management of both the production (planning, design and
engineering) and construction aspects of the program.
• SPECIALTY SERVICE: Those services which are not directly tied to the
overall management of the CITP but to some critical, possibly large scale,
element of the CITP that requires expertise that is unavailable from within the
CITY's personnel resources. The assignment of Work as Specialty Services
is made at the discretion of the City, by the Director, with the approval of the
City Manager and/or the City Commission as applicable, and will be
accomplished by a Work Order. An example is program management
services for the Midtown Miami Streetcar.
TERM/CONDITION
DESCRIPTION
STAFFING
• CORE PROGRAM STAFF: Program Manager staff (job classifications) that
are assigned on a full time basis to the Program with the DIRECTOR'S
approval, working inside the City's Miami Riverside Center or other requested
City facility and covered by the Lump Sum portion of compensation under this
Agreement.
• SUPPLEMENTAL PROGRAM STAFF: Staff of PROGRAM MANAGER
and/or SUB -PROGRAM MANAGER assigned to the Program on a limited full-
time or long term part-time basis and generally covered by the Hourly Rate
portion of compensation under this Agreement, with the approval of the
DIRECTOR. Individual tasks may be assigned to SUPPLEMENTAL
PROGRAM STAFF for which Lump Sum Compensation may be negotiated.
• Estimated Staffing:
Primary Year 1 = 19 Core (Full -Time) & 13 Supplemental (Part -Time)
Specialty Year 1 = 2 Core (Full -Time) & 19 Supplemental (Part -Time)
See table below
PROGRAM MANAGEMENT
TEAM
HDR Engineering, Inc.
Prime Program Manager, Program Management, including Administration,
Production, Construction, and Financial/Accounting
URS Construction
Project Management for miscellaneous vertical projects (Production and
Services, Inc
Construction)
Consul Tech, Inc
Project Management for miscellaneous horizontal projects (Production)
ADA Engineering, Inc.
Miscellaneous Construction and Production Management Support
Gordian Group
Construction Project Management for Job Order Contractor Projects
Project Information
Program Controls, program data information management
Services
CMTS
Miscellaneous Construction and Production Management Support
JRA Consulting, Inc
Utility Coordination
Larry Schneider
ADA Compliance Support
LTK
Streetcar Systems and Technology support
Nick Serianni
Transportation Program Funding
Holland and Knight
FTA Coordination and Support
Mark Hardgrove
FTA Coordination and Support
TERM/CONDITION
DESCRIPTION
REPORTING
REQUIREMENTS
• Monthly Progress Report: In addition to the invoice, the PROGRAM
MANAGER shall submit a Monthly Progress Report giving a summary of the
services provided and activities undertaken by PROGRAM MANAGER staff,
with particular detail regarding the work of SUPLLEMENTAL STAFF. The
Monthly Progress Report shall also provide summary as to the status of all
assignments, tasks, activities and deliverables as may be applicable.
DIRECTOR approval required for payment.
• Annual Work Program: A comprehensive report of goals, strategies, tasks
and activities to be undertaken by the Program Manager for a given year
under this Agreement, along with a detailed analysis of projected costs,
personnel and other resources required to accomplish same for that period.
CITY MANAGER approval is required for continuation of contract.
• Work Orders — For any additional assignment of Specialty Services, a Work
Order is to be approved by the City Commission
Initial One Year Term
COMPENSATION
Fees
Reimbursements
............................................_..................
Subtotal
Fees
Reimbursements
Subtotal
PRIMARY SERVICES
$5,579,892.15
......................................................... __.
$200,786.56
$5,780,678.71
$1,383,996.06
$116,202.44
. _...............................................................
$1,500,198.50
ALL SERVICES TOTAL
$7, 280, 877.21
STAFFING
PRIMARY SERVICES
Core Staff / Full-time
19
Supplemental Staff/ Part-time
Subtotal
13
32
SPECIALTY SERVCES — STREETCAR (Work Order #1)
Core Staff / Full-time
2
Supplemental Staff / Part-time
Subtotal
19
21
ALL SERVICES TOTAL
53
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HDR
ENGINEERING, INC., THE HIGHEST -RANKED FIRM PURSUANT TO REQUEST FOR
PROPOSALS NO. 04-05-019, TO PROVIDE PROFESSIONAL PROGRAM
MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION
IMPROVEMENT PROGRAM, FOR A ONE-YEAR PERIOD WITH AN OPTION TO
RENEW FOR FIVE ADDITIONAL ONE YEAR PERIODS; ALLOCATING FUNDS IN
THE TOTAL AMOUNT NOT TO EXCEED $7,280,878 OVER THE INITIAL YEAR OF
THE CONTRACT, CONSISTING OF $5,780,679 FOR PRIMARY PROGRAM
MANAGEMENT SERVICES PLUS $1,500,199 FOR SPECIALTY SERVICES FOR THE
MIAMI STREETCAR PROGRAM, WITH FUNDS ALLOCATED FROM VARIOUS
CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY
THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL
IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED
BY LAW.
..Body
WHEREAS, the City has established a sizeable capital and transportation improvement
program currently funded at over $675,000,000 and consisting of 1,100 projects that
have been or will be funded through the Homeland Defense and Neighborhood
Improvement Bond Program, Miami -Dade County's'/ Cent Transportation Surtax and
Miami -Dade County's General Obligation Bond, among other sources for which
management and administrative services required far in excess of what can be handled
by in-house resources; and
WHEREAS, initially commencing in January 2004, the City Commission authorized the
Administration to secure on -going program management services by piggy -backing onto
other governmental contracts with well-known and respected consulting firms; and
WHEREAS, in an effort to meet this critical need the City conducted a competitive
selection process, and issued Request for Proposals ("RFP") No. 04-05-019, to secure
qualified outside consultants to provide Professional Program Management Services for
the Capital and Transportation Improvement Program; and
WHEREAS, three proposals were received, evaluated and ranked by the Evaluation
Committee; and
WHEREAS, pursuant to Resolution No. 05-0289, adopted May 12, 2005, the City
Commission accepted the recommendation of the City Manager to approve the findings
of the Evaluation committee, that the highest -ranked firm most qualified to provide
Program Management Services is HDR Engineering, Inc., followed by PBS & J and
CSA Southeast, Inc.; and
WHEREAS, the Department of Capital Improvements and Transportation ("Department")
has negotiated a Professional Services Agreement ("Agreement") with HDR
Engineering, Inc, setting forth the terms and conditions for the work to be provided by
said firm; and
WHEREAS, the Agreement primarily provides for comprehensive program management
services, including, without limitation, production (design and engineering) management
and construction management services; and
WHEREAS, the Agreement also allows the Department to secure specialty services in
other areas, such as transit program management for the Miami Streetcar program by
issuing a Work Order, subject to additional City Manager and/or City Commission
authorization, as applicable by law; and
WHEREAS, the Agreement requires the firm to submit an annual work program for
approval, and provides for compensation for primary program management services in
an amount not to exceed $5,780,679 during the initial year of the contract; and
WHEREAS, Work Order No. 1, for program management of the Miami Streetcar transit
program, as a specialty service, is also attached and has a maximum compensation not
to exceed $1,500,199 during the initial one year term; and
WHEREAS, the agreement has an initial term of one year, with the option to extend for
five additional one year periods, subject to approvals of the City Commission and the
necessary appropriation of funds; and
WHEREAS, funds in the total maximum amount of $7,280,878 are available from
individual Capital Improvement projects or other designated project funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained 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 is authorized{1} to execute a Professional Services
Agreement, in substantially the attached form, with HDR Engineering, Inc., for the
provision of Professional Program Management services for the Capital and
Transportation Improvement Program, for a one (1) year period in an amount not to
exceed $7,280,878 during the initial year, consisting of $$5,780,679 for primary program
management services plus $1,500,199 for specialty program management services
(Work Order No. 1, Streetcar Program) for the initial year, with funds allocated from
various Capital Project Accounts, as may be adjusted from time to time by the City
Commission in the Annual Appropriations/Capital Improvements Ordinances, or as
otherwise adjusted as permitted by law.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
..Footnote
{1} The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
{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.
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
PROGRAM MANAGER
Professional Program Management Services for the Capital and
Transportation Improvement Program
Continuing Services for Program Management
HDR Engineering, Inc.
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 5
ARTICLE 2 GENERAL CONDITIONS 6
2.01 TERM' 6
2.02 OPTION TO EXTEND: 7
2.03 SCOPE OF SERVICES 7
2.04 COMPENSATION 7
ARTICLE 3 PERFORMANCE 7
3.01 PERFORMANCE AND DELEGATION 7
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7
3.03 PROGRAM MANAGER KEY STAFF 7
3.04 TIME FOR PERFORMANCE 7
ARTICLE 4 SUB -PROGRAM MANAGERS 7
4.01 GENERAL 8
4.02 SUB -PROGRAM MANAGER RELATIONSHIPS 8
4.03 CHANGES TO SUBPROGRAM MANAGERS 8
ARTICLE 5 DEFAULT 8
5.01 GENERAL 8
5.02 CONDITIONS OF DEFAULT 8
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8
ARTICLE 6 TERMINATION OF AGREEMENT 9
6.01 CITY'S RIGHT TO TERMINATE 9
6.02 PROGRAM MANAGER'S RIGHT TO TERMINATE 9
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9
ARTICLE 7 DOCUMENTS AND RECORDS 9
7.01 OWNERSHIP OF DOCUMENTS 9
7.02 DELIVERY UPON REQUEST OR CANCELLATION 9
7.03 RE -USE BY CITY 9
7.04 NONDISCLOSURE 10
7.05 MAINTENANCE OF RECORDS 10
ARTICLE 8 INDEMNIFICATION 10
ARTICLE 9 INSURANCE 10
9.01 COMPANIES PROVIDING COVERAGE 10
9.02 VERIFICATION OF INSURANCE COVERAGE 10
9.03 FORMS OF COVERAGE 10
9.04 MODIFICATIONS TO COVERAGE 11
ARTICLE 10 MISCELLANEOUS 11
10.01 AUDIT RIGHTS 11
10.02 ENTIRE AGREEMENT 11
10.03 SUCCESSORS AND ASSIGNS 11
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 11
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 12
CIP Contract No. K -05-00453 Page 1
TABLE OF CONTENTS (CONTINUED)
10.06 NOTICES 12
10.07 INTERPRETATION 12
10.08 JOINT PREPARATION 12
10.09 PRIORITY OF PROVISIONS 12
10.10 MEDIATION - WAIVER OF JURY TRIAL 12
10.11 TIME 12
10.12 COMPLIANCE WITH LAWS 13
10.13 NO PARTNERSHIP 13
10.14 DISCRETION OF DIRECTOR 13
10.15 RESOLUTION OF CONTRACT DISPUTES: 13
10.16 INDEPENDENT CONTRACTOR• 13
ATTACHMENT A - SCOPE OF WORK 1
ARTICLE Al GENERAL 1
A1.01 RANGE OF SERVICES 1
A1.02 COOPERATIVE WORK 1
A1.03 NON-EXCLUSIVE RIGHT 1
A1.04 PAYMENTS 2
ARTICLE A2 OVERVIEW OF PROGRAM MANAGEMENT SERVICES 2
A2.01 PRIMARY SERVICES 2
A2.02 SPECIALTY SERVICES 2
ARTICLE A3 PRIMARY SERVICES 2
A3.01 ADMINISTRATIVE PROGRAM MAN-AGEMENT 2
A3.02 PRODUCTION MANAGEMENT SERVICES 3
A3.03 CONSTRUCTION ADMINISTRATION 4
ARTICLE A4 SPECIALTY SERVICES 5
ARTICLE A5 STAFFING 5
A5.02 SUPPLEMENTAL STAFF 5
A5.03 SPECIALTY STAFF 5
A5.04 STAFFING CHANGES 5
ARTICLE A6 ASSIGNMENT OF WORK 6
A6.01 ANNUAL WORK PROGRAM 6
A6.02 WORK ORDERS FOR SPECIALTY SERVICES 6
SCHEDULE Al. - PROGRAM MANAGEMENT TEAM 7
SCHEDULE A2. - KEY STAFF 1
SCHEDULE A3 - WORK ORDER FORM 2
ATTACHMENT B - COMPENSATION AND PAYMENTS 1
ARTICLE BI MANNER of COMPENSATION 1
B1.01 COMPENSATION LIMITS 1
B1.02 PROGRAM MANAGER NOT TO EXCEED 1
ARTICLE B2 WAGE RATES 1
B2.01 FEE BASIS 1
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 1
B2.03 CALCULATION 1
B2.04 EMPLOYEE BENEFITS AND OVERHEAD 1
B2.05 ESCALATION 2
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 2
B3.01 LUMP SUM 2
B3.02 HOURLY RATE FEES 2
B3.03 SUB -PROGRAM MANAGER FEES 2
B3.04 FEES FOR SPECIALTY SERVICES 3
B3.05 FEES RESULTING FROM PROJECT SUSPENSION 3
ARTICLE B4 PAYMENTS 3
B4.01 PAYMENTS GENERALLY 3
B4.02 MONTHLY PROGRESS REPORT 3
ARTICLE B5 REIMBURSABLE EXPENSES 3
B5.01 GENERAL 3
B5.02 TYPES OF REIMBURSABLE EXPENSES 3
B5.03 AUTHORIZATION 4
B5.04 DEFINITIONS and CATEGORIES 4
CITY Contract No. K -05-00453 Page 2
TABLE OF CONTENTS (CONTINUED)
B5.05 REIMBURSEMENTS TO SUB -PROGRAM MANAGERS 5
ARTICLE B6 COMPENSATION for REUSE OF PLANS AND SPECIFICATIONS 5
B6.01 GENERAL 5
SCHEDULE B1 - WAGE RATES SUMMARY 1
SCHEDULE B2 - LABOR ADJUSTMENT FACTORS 1
SCHEDULE B3 - ESTIMATE OF REIMBURSABLE EXPENSE 1
SCHEDULE B-4.1 - TRAVEL APPROVAL 3
SCHEDULE B-4.2 EXPENSE VOUCHER 4
SCHEDULE B-5 - SUMMARY OF TOTAL COMPENSATION 5
CITY Contract No. K -05-00453 Page 3
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
PROGRAM MANAGER
Program Manager Office
Location
City Authorization
Professional Program Management Services for the Capital
Improvement & Transportation Program
Continuing Services for Program Management
HDR Engineering, Inc.
15450 New Barn Road, Suite 304, Miami Lakes, FL 33014-2169
Resolution Number
THIS AGREEMENT made this day of in the year 2005 and effective
AUGUST 1, 2005 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the
"CITY," and HDR Engineering, Inc., a for profit Florida corporation hereinafter called the
"PROGRAM MANAGER."
RECITAL
A. The City issued a Request for Proposals ("RFP") No. 04-05-019 on February 15, 2005 for
the provision of Professional Program Management Services for the Capital Improvement &
Transportation Program ("Services") and PROGRAM MANAGER's proposal ("Proposal"), in
response thereto, was selected as the most qualified for the provision of said Services. The
RFP and PROGRAM MANAGER's 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 PROGRAM MANAGER in accordance with applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the CITY and the PROGRAM MANAGER, for the considerations
herein set forth, agree as follows:
CITY Contract No. K -05-00453 Page 4
ARTICLE 1 DEFINITIONS
1.01 ANNUAL WORK PROGRAM: a
comprehensive report of goals, strategies, tasks and
activities to be undertaken by the Program Manager
for a given year under this Agreement, along with a
detailed analysis of projected costs, personnel and
other resources required to accomplish same for that
period.
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 CITY COMMISSION: The legislative body of
the City of Miami.
1.04 CITY MANAGER: The duly appointed chief
administrative officer of the City of Miami.
1.05 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.
1.06 CONSTRUCTION OBSERVER: An
employee of the City or of a consulting firm hired by
the CITY and assigned by the CITY to make
observations of construction Work performed by a
Contractor. Also referred to as "Consruction
Engineering Observer" or "CEO".
1.07 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.
1.08 CORE PROGRAM STAFF: Staff
positions assigned on a full time basis to the Program
by the PROGRAM MANAGER with the DIRECTOR'S
approval, to serve as an extension of the City's staff
working inside the City's Miami Riverside Center or
other requested City facility and covered by the Lump
Sum portion of compensation under this Agreement.
PROFESSIONAL SERVICES AGREEMENt
1.09 DEPARTMENT: shall mean the City's
office of Capital Improvements and Transportation
unless otherwise directed by the City Manager in
writng.
1.10 DIRECTOR: The DIRECTOR of the CITY's
Capital Improvements and Transportation office
designated herein as having the authority and
responsibility for managing the specific program and
projects covered under this Agreement. . The
DIRECTOR, in his/her sole discretion, shall have the
authority to delegate responsibilities herein to staff of
the Capital Improvements and Transportation office
and shall do so in writing.
1.11 HORIZONTAL PROJECTS: capital
projects that generally consist of new construction,
repair and/or reconstruction of roadways, rights -of -
way and streetscape improvements (roads, sidewalks
and swale areas) including, without limitation, street
grading, pavement milling, paving, curb and gutter
installation, striping, sidewalks, pavers, irrigation
systems, lighting and landscaping, hardscaping and
waterway improvements and maintenance, and
underground storm and/or sanitary sewer systems
and components such as pump stations, force mains,
injection wells and disposal outfalls.
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 PROGRAM
MANAGER may begin work on a particular
PROGRAM assignment, Project, or a specific task of
a Project as outlined in the ANNUAL WORK
PROGRAM, or a WORK ORDER.
1.13 PRIMARY SERVICES: Those services
considered by CITY to be fundamental to the
successful management of the overall CITP as stated
in the RFP, and in Attachment A of this Agreement.
1.14 PROFESSIONAL SERVICES: Those
services provided by the PROGRAM MANAGER to
lead and support the City in the execution and
implementation of the City's Capital Improvement and
Transportation Program (CITP), including, without
limitation, all administrative, technical, and
management activities undertaken as part of Primary
Service or Specialty Services. May also be referred to
herein as PROGRAM MANAGEMENT.
1.15 PROGRAM: The City's multi -year Capital
Improvement and Transportation Program (CITP),
generally prepared on an annual basis, that details
the planned financial resources and implementation
schedule and strategies for the City's capital projects
over a five (5) to six (6) year period, consisting of both
expeditures and purchases of capital goods and
equipment and of the planning, design, and
CITY Contract No. K -05-00453 Page 5
PROFESSIONAL SERIVCES AGREEMENT
construction of physical improvements and/or
modifications to buildings, facilities, parks, streets,
infrastructure and other capital assets of CITY.
1.16 PROGRAM MANAGEMENT:
Professional Services provided by the PROGRAM
MANAGER including, without limitation, all
administrative, technical, and management activities
associated with leading and/or supporting the City as
determined by the Director in the execution and
implementation of the City's Capital Improvement and
Transportation Program (CITP).
1.17 PROGRAM MANAGER: HDR
Engineering, Inc., a corporation of skilled and
qualified capital improvement program managers,
administratrative, technical, and other support, and
duly registered professional architects, landscape
architects and/or engineers, which has entered into
the Agreement to provide professional services to the
CITY. As used throughout this Agreement, generally
refers to the PROGRAM MANAGEMENT team
including SUB -PROGRAM MANGERS.
1.18 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.
1.19 PROJECT MANAGER: An employee or
representative of the CITY or PROGRAM MANAGER
assigned to manage and monitor the Work of a
particular PROJECT, including, without limitiation, the
planning, design and construction, as a direct
representative of the CITY.
1.20 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.
1.21 SCOPE OF WORK: A comprehensive
description of the activities, tasks, design features,
objectives, deliverables and milestones required for
the completion of Project, Program Management, or
an assignment with sufficient detail to allow a
reasonably accurate estimation of resources
necessary for its completion.
1.22 SPECIALTY SERVICES: sometimes
referred to as Additional Services, shall mean those
services which are not directly tied to the overall
management of the CITP but to some unique, critical,
and/or possibly large scale, element of the CITP that
requires expertise that is unavailable from within the
CITY's personnel resources. The assignment of
Work as Specialty Services shall be made solely at
the discretion of the City, by the Director, with the
approval of the City Manager and/or the City
Commission as applicable, and will be accomplished
by a Work Order issued pursuant to this agreement.
Compensation for any SPECIALTY SERVICES shall
be separately negotiated and may be lump sum,
hourly rate -based or other method as deemed
appropriate by the parties.
1.23 SUB -PROGRAM MANAGER: A person
or organization of properly qualified registered
professional architects, landscape architects,
engineers, registered surveyor or mapper, and/or
other professional specialty that has entered into a
written agreement with the PROGRAM MANAGER to
furnish specified professional services for a Project or
Program Management task.
1.24 SUPPLEMENTAL PROGRAM STAFF:
Staff of PROGRAM MANAGER and/or SUB-
PROGRAM MANAGER assigned to the Program on a
limited full-time or long term part-time basis and
generally covered by the Hourly Rate portion of
compensation under this Agreement, with the
approval of the DIRECTOR. Individual tasks may be
assigned to SUPPLEMENTAL PROGRAM STAFF for
which Lump Sum Compensation may be negotiated.
1.25 VERTICAL PROJECTS: capital projects
that generally consist of new construction, repair,
renovation, and/or expansion of park and recreational
facilities, community and day care centers,
administrative offices and facilities, fire stations and
support facilities, police facilities, stadiums, exhibition
center(s), other performance venues, marinas, or any
other projects identified by the Director.
1.26 WAGE RATES: The effective direct
expense to PROGRAM MANAGER and/or SUB-
PROGRAM MANAGER, on an hourly rate basis, for
employees in the specified professions and job
classifications assigned to provide services under this
Agreement that justify and form the basis for
compensatory professional fees regardless of actual
manner of compensation.
1.27 WORK ORDER: A written document
issued by the CITY to the PROGRAM MANAGER
authorizing the performance of specific professional
services for a defined Project(s), or Program
Management assignment 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.
1.28 WORK: also known as the Scope of Work,
is the tasks and activities generally identified in the
ANNUAL WORK PROGRAM or the task(s) and
activities identified in a WORK ORDER
ARTICLE 2GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be for one (1) year
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.
CITY Contract No. K -05-00453 Page 6
PROFESSIONAL SERIVCES AGREEMENT
2.02 OPTION TO EXTEND:
The CITY, by action of the CITY MANAGER, shall
have the option to extend the term for 5 additional
period(s) of one (1) year each, subject to continued
satisfactory performance as determined by the
Director, and to the availability and appropriation of
funds. Exercising of each option to renew will be
subject to the satisfactory performance of HDR, which
shall be reviewed on an annul basis prior to
exercising of an option to renew period City
Commission authorization of this Agreement includes
delegation of authority to the CITY MANAGER to
administratively approve said extensions. However,
any increase in compensation above the limits set
forth in 2.04-1 shall require the approval of the City
Commission.
2.03 SCOPE OF SERVICES
PROGRAM MANAGER 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
PROGRAM MANAGER shall generally be a lump
sum or not to exceed fee, based on the rates and
schedules established in Attachment B and
specifically Schedule B-5 hereto, which by this
reference is incorporated into this Agreement;
provided, however, that in no event shall the amount
of compensation exceed Twenty -Three Million Eight
Hundred Nine Thousand Dollars ($23,809,000.00) for
PRIMARY SERVICES and Five Million Nine Hundred
Sixty -Seven Thousand Dollars ($5,967,000.00) for
SPECIALTY SERVICES 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 thirty (30) days after
receipt of an acceptable PROGRAM MANAGER
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 PROGRAM
MANAGER is entitled to reimbursement of travel
expenses, then all bills for travel expenses shall be
submitted following applicable provisions of Section
112.061, Florida Statutes.
ARTICLE 3PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The services to be performed hereunder shall be
performed by the PROGRAM MANAGER's 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 PROGRAM
MANAGER for the prompt removal and replacement
of any personnel employed or retained by the
PROGRAM MANAGER, or any Sub -PROGRAM
MANAGERs or subcontractors for cause. The
PROGRAM MANAGER 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. The CITY shall make the final
determination as to the removal of unsatisfacotry
personnel from work assigned by CITY.
3.03 PROGRAM MANAGER KEY STAFF
The parties acknowledge that PROGRAM MANAGER
was selected by CITY, in part, on the basis of
qualifications of particular staff identified in
PROGRAM MANAGER's response to CITY's
solicitation, hereinafter referred to as "Key Staff'.
PROGRAM MANAGER shall ensure that Key Staff
are available for Work hereunder as long as said Key
Staff is in PROGRAM MANAGER's employ or under
contract. PROGRAM MANAGER will obtain prior
approval of DIRECTOR to change Key Staff, which
approval may not be unreasonably withheld.
PROGRAM MANAGER shall provide Director with
such information as necessary to determine the
suitability of proposed new Key Staff.
3.04 TIME FOR PERFORMANCE
The PROGRAM MANAGER 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. The CITY's approval of an ANNUAL
WORK PROGRAM as provided herein, or the
issuance of a purchase order for an ANNUAL WORK
PROGRAM or a WORK ORDER shall be considered
a Notice to Proceed.Time is of the essence with
respect to performance of this Agreement.
A mutually agreeable 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 PROGRAM MANAGER for extra compensation.
ARTICLE 4SUB-PROGRAM MANAGERS
CITY Contract No. K -05-00453 Page 7
PROFESSIONAL SERIVCES AGREEMENT
4.01 GENERAL
4.01-1 A SUB -PROGRAM MANAGER is a
person or organization of properly registered
professional architects, landscape architects,
engineers, registered surveyors or mapper,
and/or other qualified professional with required
expertise who has entered into a written
agreement with the PROGRAM MANAGER to
furnish PRIMARY or SPECIALTY SERVICES
under this Agreement. Particular SUB-
PROGRAM MANAGERS were identified as part
of the consulting team in the competitive
selection process by which PROGRAM
MANAGER was chosen to perform the services
under this Agreement, and, subject to
modifications resulting from the negotiation of
thie Agreement and to the approval of the CITY,
are identified and listed in Schedule Al attached
hereto and incorporated by reference.
4.01-2 A SPECIALTY SUB -PROGRAM
MANAGER is a person or organization that has,
with the consent of the DIRECTOR, entered into
a written agreement with the PROGRAM
MANAGER to furnish unique and/or specialized
professional services necessary for a project or
PROGRAM task described under SPECIALTY
SERVICES. Such Specialty Sub -Program
Manager may be in addition to those identified in
Schedule Al and are to be identified in the
related WORK ORDER for said services.
4.02 SUB -PROGRAM MANAGER
RELATIONSHIPS
4.02-1 AU services provided by the
SUBPROGRAM MANAGERS shall be performed
pursuant to appropriate written agreements
between the PROGRAM MANAGER and the
SUB -PROGRAM MANAGERs, 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
SUBPROGRAM MANAGERS. The PROGRAM
MANAGER acknowledges that SUBPROGRAM
MANAGERS are entirely under his direction,
control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBPROGRAM
MANAGERS
The PROGRAM MANAGER shall not change, add or
remove any SUB -PROGRAM MANAGER listed in
Schedule Al without prior written approval by the
DIRECTOR, in response to a written request from the
PROGRAM MANAGER stating the reasons for any
proposed addition, removal and/or substitution. Such
approval shall not be unreasonably withheld,
conditioned, or delayed by the Director.
ARTICLE 5DEFAULT
5.01 GENERAL
If PROGRAM MANAGER fails to comply with any
term or condition of this Agreement or of any other
agreement it has with the CITY, or fails to perform
any of its obligations hereunder, then PROGRAM
MANAGER 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,
subject to §5.03 herein, upon written notice to
PROGRAM MANAGER, terminate this Agreement
whereupon all payments, advances, or other
compensation paid by the CITY to PROGRAM
MANAGER while PROGRAM MANAGER was in
default shall be immediately returned to the City.
PROGRAM MANAGER understands and agrees that
termination of this Agreement under this section shall
not release PROGRAM MANAGER from any
obligation accruing prior to the effective date of
termination.
In the event of termination due to default, in addition
to the foregoing, PROGRAM MANAGER shall be
liable to the City for all expenses incurred by the CITY
in preparing and negotiating this Agreement, as well
as all costs and expenses incurred by the CITY in the
re -procurement of the Services, In the event of
Default, CITY may also suspend or withhold
reimbursements from PROGRAM MANAGER until
such time as the actions giving rise to default have
been cured. A termination for default that is
subsequently determined to be in error shall be then
automatically considered to be a termination for
convenience in accordance with ARTICLE 6.
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 PROGRAM MANAGER fails to obtain the
insurance herein required.
5.02-2 PROGRAM MANAGER 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 PROGRAM MANAGER 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 an ANNUAL WORK
PROGRAM or a WORK ORDER issued pursuant
to this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE
MAJEURE
CITY shall provide written notice to PROGRAM
MANAGER as to a finding of default, and PROGRAM
CITY Contract No. K -05-00453 Page 8
PROFESSIONAL SERIVCES AGREEMENT
MANAGER shall take all necessary action to cure
said default within the time stipulated in such notice,
after which time the CITY may terminate the
Agreement. The CITY MANAGER may, in his sole
discretion, grant one extension of time to perform any
required cure if PROGRAM MANAGER provides
written justification deemed reasonably sufficient by
CITY MANAGER.
Should any such failure on the part of PROGRAM
MANAGER 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 6TERMINATION 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, reports and
other documents related to Work authorized under
this Agreement, whether finished or not, must be
turned over to the CITY. The PROGRAM MANAGER
shall be paid in accordance with provisions OF
Attachment B, provided that said documentation is
turned over to CITYs within ten (10) business days of
termination. Failure to timely deliver the
documentation shall be cause to withhold any
payments due without recourse by PROGRAM
MANAGER 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 If CITY terminates for convenience when
PROGAM MANAGER is not in default,
PROGRAM MANAGER shall have no recourse
or remedy from such termination made by the
CITY except to retain and/or receive, as
applicable, the fees already disbursed or owing
as compensation for the WORK that was
performed in compliance with the Agreement
prior to termination, 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 PROGRAM MANAGER'S RIGHT TO
TERMINATE
The PROGRAM MANAGER 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 PROGRAM
MANAGER specifying its breach of its duties under
this agreement.
6.03 TERMINATION DUE TO UNDISCLOSED
LOBBYIST OR AGENT
PROGRAM MANAGER warrants that it has not
employed or retained any company or person, other
than a bona fide employee working solely for the
PROGRAM MANAGER 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 PROGRAM MANAGER 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 7DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS
With the exception of previously existing proprietary
items that are subject to licensing, all work products,
including, without limitation, reports, forms, drawings
and specifications, are considered instruments of
service are and shall become the property of the
CITY regardless of whether the program, Project or
activity for which they were made is contracted or
constructed. The PROGRAM MANAGER shall be
permitted to retain copies, including reproducible
copies, of work products solely for information and
reference in connection with the CITY's use.
7.02 DELIVERY UPON REQUEST OR
CANCELLATION
Failure of the PROGRAM MANAGER to promptly
deliver all such work products 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
PROGRAM MANAGER until PROGRAM MANAGER
delivers all such work products. PROGRAM
MANAGER shall have no recourse from these
requirements.
7.03 RE -USE BY CITY
With the exception of previously existing proprietary
items that are subject to licensing, all work products
may be used by the CITY on other projects, or for
completion or continuation of this program by others.
Work products for which the City has secured
licenses shall be used by CITY in accordance with
the terms of the license granted.
CITY Contract No. K -05-00453 Page 9
PROFESSIONAL SERIVCES AGREEMENT
Submission or distribution to meet official regulatory
requirements or for other purposes in connection with
the Project is not to be construed as publication in
derogation of the PROGRAM MANAGER'S rights.
7.04 NONDISCLOSURE
To the extent allowed by law, PROGRAM MANAGER
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 PROGRAM MANAGER'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 PROGRAM MANAGER hereunder, and
PROGRAM MANAGER shall require all of its
employees, agents, sub -PROGRAM MANAGERs and
subcontractors to comply with the provisions of this
paragraph.
7.05 MAINTENANCE OF RECORDS
PROGRAM MANAGER will keep adequate records
and supporting documentation, which concern 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 PROGRAM MANAGER for a minimum of
three (3) years from the date of termination of this
Agreement or the date the Program 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 8INDEMNIFICATION
The PROGRAM MANAGER shall hold harmless,
indemnify and defend the CITY, at PROGRAM
MANAGER's own cost and expense, CITY 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
PROGRAM MANAGER or the Sub -PROGRAM
MANAGERs. The PROGRAM MANAGER 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 PROGRAM MANAGER'S obligation
under this paragraph shall not be limited in any way
by the agreed upon contract price, or the PROGRAM
MANAGER'S limit of, or lack of, sufficient insurance
protection and shall apply to the full extent that it is
caused by the negligent act or omission,
recklessness or intentional wrongful conduct of the
PROGRAM MANAGERS, its agents, servants, or
representatives. This article shall survive the
termination or expiration of the Agreement.
ARTICLE 9INSURANCE
The PROGRAM MANAGER shall not start Work
under this Agreement until the PROGRAM
MANAGER 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 PROGRAM MANAGER shall furnish 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 PROGRAM
MANAGER 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 PROGRAM MANAGER.
PROGRAM MANAGER shall maintain coverage with
equal or better rating as identified herein for the term
of this contract. PROGRAM MANAGER 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. PROGRAM MANAGER shall
furnish a copy of the insurance policy or policies upon
request of the Risk Administrator.
PROGRAM MANAGER shall furnish copies of
insurance policies pertaining to this Agreement to
RISK ADMINISTRATOR within ten (10) days of
written request.
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
Limit Bodily Injury Liability and Property Damage
Liability. General Aggregated Limit shall have a
minimum limit of $2,000,000. This shall include
CITY Contract No. K -05-00453 Page 10
PROFESSIONAL SERIVCES AGREEMENT
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.
9.03-2Professional Liability Insurance
The PROGRAM MANAGER shall maintain
Professional Liability Insurance including Errors
and Omissions coverage in the minimum amount
of $1,000,000 per claim, providing for all sums
up to said limit which the PROGRAM MANAGER
shall be legally obligated to pay as damages for
claims arising out of the services performed by
the PROGRAM MANAGER or any person
employed by the PROGRAM MANAGER in
connection with this Agreement. This insurance
shall be maintained for at least one year after
completion of the services hereunder.
9.03-3Worker's Compensation Insurance
The PROGRAM MANAGER 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.
9.03-4Sub-Program Manager Compliance
PROGRAM MANAGER shall ensure that all Sub -
PROGRAM MANAGERs comply with the
insurance requirements commensurate with their
specific level of involvement or responsibility on
the overall Program, as determined by Risk
Management.
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 Program Manager in accordance
with §10.06 herein. PROGRAM MANAGER 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 PROGRAM
MANAGER's accounts during the performance of this
Agreement and for three (3) years after final payment
under this Agreement. The PROGRAM MANAGER
agrees to furnish copies of any records necessary, in
the opinion of the Director, to approve any requests
for payment by the PROGRAM MANAGER.
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 PROGRAM MANAGER
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 shall not be
transferred, pledged, sold, delegated or assigned, in
whole or in part, by the PROGRAM MANAGER
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 PROGRAM MANAGER, 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 PROGRAM MANAGER's services are unique in
nature and any transference without CITY
COMMISSION approval shall be cause for the CITY
to cancel this Agreement. The PROGRAM
MANAGER 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 PROGRAM MANAGER 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
For any Project or activity to be compensated under
the Lump Sum method, the PROGRAM MANAGER
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 PROGRAM MANAGEMENT
fee and any addition thereto will be adjusted to
exclude any significant sums by which the CITY
determines the fee was increased due to inaccurate,
incomplete or non -current wage rates and other
CITY Contract No. K -05-00453 Page 11
PROFESSIONAL SERIVCES AGREEMENT
factual unit costs. All such price adjustments will be
made within one (1) year following the end of the
Project. or activity.
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
PROGRAM MANAGER's duties to indemnify the City
under ARTICLE 8 where PROGRAM MANAGER shall
pay the City's reasonable attorney's fees.
10.06 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
Director
City of Miami, Department of Capital
Improvements & Transportation
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 PROGRAM MANAGER:
HDR Engineering, Inc.
ATTN: Paul Bowdoin, PE, Senior Vice President
2202 N. West Shore Blvd., Suite 250
Tampa, FL 33607
10.07 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.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort
of the City AND PROGRAM MANAGER 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.
10.09 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.
10.10 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 local 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 the mutually acceptable certified
mediator on a 50/50 basis. The PROGRAM
MANAGER agrees to include such similar contract
provisions with all SubPROGRAM MANAGERs
and/or independent contractors and/or PROGRAM
MANAGERs 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 in
any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement.
CITY Contract No. K -05-00453 Page 12
PROFESSIONAL SERIVCES AGREEMENT
10.12 COMPLIANCE WITH LAWS
PROGRAM MANAGER 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 PROGRAM
MANAGER 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
PROGRAM MANAGER's performance under this
Agreement on account of race, color, sex, religion,
age, handicap, marital status or national origin.
PROGRAM MANAGER 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 PROGRAM MANAGER 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 PROGRAM MANAGER access to CITY
property, including project jobsites, if PROGRAM
MANAGER 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
PROGRAM MANAGER.
Jobsite safety is the sole responsibility of the
Contractor. However, all parties, including
PROGRAM MANAGER, should serve notice to
the Contractor and CITY if a condition or
situation is observed that presents a hazard to
PROGRAM MANAGER'S employees.
10.12-3 ADA Compliance
PROGRAM MANAGER 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
PROGRAM MANAGER shall take affirmative
steps to -insure nondiscrimination in employment
of disabled persons.
10.13 NO PARTNERSHIP
PROGRAM MANAGER is an independent contractor.
This Agreement does not create a joint venture,
partnership or other business enterprise between the
parties. The PROGRAM MANAGER has no authority
to bind the City to any promise, debt, default, or
undertaking of the PROGRAM MANAGER.
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:
PROGRAM MANAGER 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 PROGRAM MANAGER
being entitled to seek judicial relief in connection
therewith. Should the amount of compensation
hereunder exceed $50,000, the City Manager's
decision shall be approved or disapproved by the City
Commission. PROGRAM MANAGER 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:
PROGRAM MANAGER 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, the PROGRAM
MANAGER 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.
PROGRAM MANAGER further understands that
Florida Workers' Compensation benefits available to
employees of the City are not available to PROGRAM
MANAGER.. and agrees to provide workers'
compensation insurance for any employee or agent
of PROGRAM MANAGER 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
CITY Contract No. K -05-00453 Page 13
PROFESSIONAL SERIVCES AGREEMENT
activities and the Agreement is subject to amendment and/or change in regulations, upon thirty (30) days
or termination due to lack of funds, reduction of funds notice.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST PROGRAM MANAGER, HDR Engineering,
Inc., a for profit Florida corporation
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
PROGRAM MANAGER Secretary
(Affirm PROGRAM MANAGER 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
CITY Contract No. K -05-00453 Page 14
PROFESSIONAL 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:
STATE OF
NOTARIZATION
COUNTY OF
SS:
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
CITY Contract No. K -05-00453 Page 15
ATTACHMENT A — SCOPE OF SERVICES
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Under the direction of the Department,
PROGRAM MANAGER is to programmatically
manage and functionally administer the overall
capital and transportation improvement program of
the CITY, consisting of, but not limited to, planned
capital and transportation improvements, construction
projects, and the purchase of capital goods and
equipment. Additionally, the PROGRAM MANAGER
is responsible for the specific management oversight
of the production, the planning, design and
procurement activities, and the construction of all
vertical and horizontal construction projects.
It is the intent and purpose of the CITY that
PROGRAM MANAGER shall provide the services
hereunder as an extension of the Department's
resources by providing qualified technical and
professional personnel to perform the duties and
responsibilities assigned under the terms of this
Agreement. The PROGRAM MANAGER shall
minimize reliance on the Department's resources for
assignments and activities provided under the
agreement, as may be authorized by the Director.
PROGRAM MANAGER shall use its best effort at all
times to cause the work to be performed in the most
expeditious and economical manner using the
highest industry standards consistent with the
interests of the CITY.
A1.01 RANGE OF SERVICES
A1.01-1PROGRAM MANAGER may be required
to perform all or some of the services presented
in this Agreement, depending on the needs of
the CITY. The PROGRAM MANAGER shall
furnish the services specifically authorized by this
Agreement, which services may encompass one
or more professional disciplines in addition to
those held by the PROGRAM MANAGER.
A1.01-2Program Management services shall
include, but are not limited to, research and
preparation of reports, studies, coordination with
community organizations, project management,
production management, Construction
Administration, cost estimating, value
engineering, scheduling, GIS
production/management, utility coordination,
program management technology and
information systems development and
maintenance, document control and records
management, and administrative, contractual,
and financial program management for the City's
CITP. The Services may further include but are
not limited to planning, programming, field
investigations, observations, feasibility studies,
and other activities that may be required to
complete the Annual Work Program and
approved Work Orders.
A1.01-3PROGRAM MANAGER will not be
responsible to manage the purchase of capital
goods and/or equipment, but shall assist with the
fiscal monitoring of those capital projects and
including them in the annual CITP.
A1.01-4The City, at its option, may elect to
expand, reduce or delete the extent of work
elements described in this scope of services,
provided such action does not alter the intent of
the agreement. The Department may request
Consultant services on an as -needed basis.
There is no guarantee that any or all of the
services described in this document will be
assigned during the term of this agreement.
A1.02 COOPERATIVE WORK
The PROGRAM MANAGER will be responsible to
work in cooperation with officials of the City, the
Department, client departments and agencies,
commuity and other stakeholders, and with consulting
engineers and/or architects to administer the
planning, design and construction of PROGRAM
projects, and as well as overall program management
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 PROGRAM MANAGER 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, (Program Managers' 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
PROGRAM MANAGER any particular, exclusive or
special rights to any Work required by the CITY.
Outside of this Agreement, the PROGRAM
MANAGER may submit proposals and/or
qualifications for any professional services which the
PROGRAM MANAGER is qualified to perform in
response to any public solicitation issued by CITY.
CITY Contract No. K -05-00453 Page A-1
ATTACHMENT A - SCOPE OF SERVICES
A1.04 PAYMENTS
The CITY will pay the PROGRAM MANAGER a
stipulated monthly amount for Primary Services and
a separate amount for each Work Order issued, in
accordance with provisions and limitations of
Attachment B. No payment will be made for the
PROGRAM MANAGER's time or services in
connection with the preparation of any Work Order
proposal or for any Work done outside of the
ANNUAL WORK PROGRAM or in the absence of an
executed Work Order, Notice to Proceed and
Purchase Order, except those services provided
within the initial ninety (90) days on the effective date
of this Agreement.
ARTICLE A2OVERVIEW OF PROGRAM
MANAGEMENT SERVICES
A2.01 PRIMARY SERVICES
The services include, but are not necessarily be
limited to the following:
• Overall Administrative Program Management
services for the capital and transportation
improvement program
• Production Management: Programmatic
management of capital project Production, that
is, the feasibility and other pre -design studies,
financial and other analyses, scheduling,
planning, selection of construction and/or design
delivery method, design, engineering.
• Construction Program Administration for
projects undergoing construction, activites may
include, without limitation monitoring the overall
construction schedule of the capital improvement
program, coordinating schedules among
projects, assisting with the selection of
construction engineering observation firms and
overseeing the work of same, assisting with
community outreach, and providing regular
construction -associated reports
A2.02 SPECIALTY SERVICES
Where DIRECTOR, in his/her sole discretion,
identifies the need for services related to a unique,
and possibly large scale, element, activity, sub-
program or Project within the PROGRAM that is
outside of the scope of PRIMARY SERVICES as
defined herein, and such Services are unavailable
from within the CITY's personnel resources,
hereinafter SPECIALTY SERVICES, PROGRAM
MANAGER shall provide a proposal, as further
described in Article A6.02 for the performance of said
services. Said proposal shall identify, in such detail
as deemed appropriate by the Director, the nature of
the proposed services, the extent of manpower and
other resources required for such Specialty Services,
and the individual(s), firm(s) and/or team that has
qualifications and expertise in the field of the subject
endeavor. The assignment of Work as SPECIALTY
SERVICES shall be made solely at the discretion of
the City, by the Director, with the approval of the City
Manager and/or the City Commission as applicable,
and may be accomplished by a WORK ORDER
issued pursuant to this agreement.
The award and execution of a WORK ORDER or
Notice to Proceed for said SPECIALTY SERVICES
shall be solely at the City's discretion and submittal of
a proposal is no guarantee or assurance that the
PROGRAM MANAGER will be authorized to perform
the work as SPECIALTY SERVICES
Compensation for any SPECIALTY SERVICES shall
be separately negotiated and may be lump sum,
hourly rate -based or other method as deemed
appropriate by the parties.
ARTICLE A3PRIMARY SERVICES
Those services considered by CITY to be absolutely
fundamental to the successful management of the
overall CITP shall be considered Primary Serives and
shall consist, generally of the following three
comprehensive areas.
A3.01 ADMINISTRATIVE PROGRAM MAN-
AGEMENT
The PROGRAM MANAGER, it its capacity as overall
capital program adminitrator, will provide complete
and comprehensive coordination and management,
including, but not limited to, the following services
and/or activities:
A3.01-1 Program Implementation Stra-tegies:
research and recommend the most effective
methods to implement all aspects of the overall
program.
A3.01-2 Program Coordination:
Coordinate project design, procurement, contract
negotiation and contract administration activities.
A3.01-3ContractuaI Method Alternatives:
Advise as to the most effective method(s) of
contracting for the various aspects of the
program and/for specific projects from among
options available under the City Code and State
Statute, such as conventional competitive
procurement practices (RFP/RFQs includign
those govened by the Consutlant Competitive
Negotiations Act, Invitations to Bid, "Design -
Build", or "Construction Manager -at -Risk"), or a
combination of these; Job Order Contracting,
direct purchase of materials and other potential
delivery methods.
A3.01-4 Program Logistics: Develop
comprehensive program work plans, schedules
and budgets.
A3.01-5lnformations Sytems: Update and
manage the existing computer application used
for program management and fiscal monitoring
program known as the Miami Program Control
System, based on the Transportation Automated
Control System originally developed for the City
of Jacksonville. Assist with the migration of data
and program software to the new City's new
CITY Contract No. K-04-00648 Page A-2
ATTACHMENT A - SCOPE OF SERVICES
ERP, and continue with information systems
management after migration.
A3.01-6Fiscal Management Assistance:
Develop financial projections, monitor and track
program funds, financing and cash flows. Assist
with the development of program and materials
and financial data for potential financing options,
including investment bonds, which may be
utilized to implement the program.
A3.01-7Reporting: Furnish regular progress and
status reports on the program at intervals
determined by the Director.
A3.01-8Staffing: Review and recommend
efficiencies within DEPARTMENT and
PROGRAM MANAGEMENT staffing and
maintenance of staffing efficiencies within the
PRGRAM MANAGEMENT Team.
A3.01-9Procedures & Process Improvements:
Assist with the development of procedures and
procedure manuals for various program activities
and processes. Develop or assist with the
development of standard documents and/or
forms utilized in the implementation of the
program (such as legislation, procurement
documents, uniform specifications, contract
general conditions, individual project analyses,
resident notices and newsletters). Assist with the
development and implementation of a contractor
and A/E Consultant performance review
program.
A3.01-10 Document Control & Records
Management: Develop or assist with the
development of a document management
system for the program; maintain documentation
and correspondence relating to the program that
is accessible and will be owned by the City.
A3.01-11 Annual Capital Plan: Assist with the
preparation of the annual Capital and
Transportation Improvement Plan.
A3.01-12 Inter -Agency Coordination: Assist
with the overall coordination of the City's
program with other governmental agencies, such
as the Florida Department of Transportation
(FDOT), Miami -Dade County Public Works and
Water and Sewer Departments, utility
companies, regulatory agencies and with private
developers.
A3.01-13 Annual Work Program: Prepare
estimated man -power requirements and
estimates of resource costs for proposed
services.
A3.01-14 Staff & Business Development:
Assist with the development and implementation
of other staff development programs, mentor
department staff
A3.01-15 ADA Compliance: Provide regular
and systematic reviews of all projects, during
critical phases of project implementation
(planning, design and construction) to assist in
compliance with the Americans with Disbilities
Act.
A3.01-16 Prepare official minutes for scope of
services and other meetings for the Department's
approval and dissemination.
A3.02 PRODUCTION MANAGEMENT
SERVICES
A3.02-1 General Project Administration and
Fiscal Activities
A3.02-1(a) Cost Control: Provide value
engineering throughout project life cycles as
requested, and verify constructability of plans &
specifications.
A3.02-1(b) Financial: Prepare monthly cash
draw projections, monitor monthly project
expenditures. Review, monitor and advise the
City regarding the disposition of payment
requisitions from contractors and/or consultants.
Assist with timely submission of payment
requisitions to meet cash flow commitments,
Monitor project funding, prepare financial
projections as required.
A3.02-1(c) Reporting: Provide progress reports
and status information on assigned project(s) to
City designees at frequencies identified by
Director or Designee.
A3.02-1(d) Communication & Outreach: Attend
and address meetings with City officials,
neighborhood groups, and private citizens
concerning projects, respond to questions and
concerns about the project at City Commission
meetings, assist the City with public information,
notifications and public meetings required in
relation to assigned design construction projects.
A3.02-1(e) Information Management,
Document Control: Maintain files of all
documentation and correspondence relating to
the program and specific projects in an orderly
system which will be submitted to the City upon
completion of the project. Maintain project data
within the MCPS application or its successor
program.
A3.02-1(f) Legal & Other Services: Should
legal issues arise relating to a project, provide
records, depositions and testimony about
affected projects. Provide consulting services on
other matters relating to the projects and/or
program.
A3.02-1(g) Project Scoping: Assist with
devising and/or confirming detailed project
scopes with staff and client departments,
commensurate with funding.
A3.02-2Design & Production Activities
A3.02-2(a) Project Scoping: Assist with
devising and/or confirming detailed project
scopes with staff and client departments,
commensurate with funding. Verify the accuracy
of Architect's/Engineer's budget and design
estimates against cash flow commitments.
Program Manager shall consider prioritization
CITY Contract No. K-04-00648 Page A-3
ATTACHMENT A - SCOPE OF SERVICES
and design alternates as contingency measures
to verify that cash flow commitments are
achieved.
A3.02-2(b) Schedules & Budgets: Develop
work plans, schedules and budgets for the
overall program and for assigned projects.
Coordinate the design, preparation of
construction documents, procurement/bidding
and establishment of construction schedules with
City staff.
A3.02-2(c) Reviews: Provide design and
constructability reviews of plans and
specifications at progress intervals. Such
reviews shall not relieve the designer of record of
liability associated with any errors or omissions in
the plans and specifications, the responsibility of
which shall remain solely with the designer of
record.
A3.02-2(d) ADA Compliance: Review
compliance with handicapped accessibility and
maintain documentation/justification when full
compliance cannot be achieved. Such review
shall not relieve the designer of record of liability
associated with any errors or omissions in the
plans and specifications, the responsibility of
which shall remain solely with the designer of
record.
A3.02-2(e) Permits & Approvals: Facilitate
and/or assist the City in obtaining all Federal,
State and local permits or approvals (from
agencies such as Miami -Dade Water and Sewer,
DERM, Environmental, and Department of
Health). Review such permits for consistency
with CITY approved plans and for special
requirements or conditions, if any. It is the
responsibility of the designer of record to file for
and obtain all permits.
A3.02-2(f) Utillity Coordination: Facilitate
comprehensive utility coordination to assist with
conflict resolution and coordination among City,
designer's of record, and various utility capital
plans and owners.
A3.02-2(g) Public Outreach: Coordinate and
assist in hosting of periodic meetings at
frequencies determined by the Director or
Designee with Program Managers to promote
best practices by City and industry.
A3.02-3Bids and Contracts
A3.02-3(a) Prepare and/or assist with the
preparation of solicitation documents such as
RFPs, RFQs, and Invitations to Bid.
A3.02-3(b) Review and tabulate construction
bids, proposals for architect/engineering
services, and like documents.
A3.02-3(c) Review appropriateness of a/e
consultant and contractor fee proposals with
Department personnel as appropriate.
A3.02-3(d) Provide input and assist with the
selection and evaluation of consultants,
contractors, and other service providers.
A3.02-3(e) Assist with preparation of award
documents, grant applications and contracts, and
assist with the administration of grants.
A3.02-3(f) Manage and oversee the selection,
monitoring and oversight of Job Order Contracts
in use by the City; assist in the preparation,
evaluation and award of new Job Order
Contracts if deemed necessary by DIRECTOR.
A3.02-3(g) Seek to encourange the participation
of minority, small and/or disadvantage
businesses as well as unemployed City of Miami
residents, and promote affirmative action
policies.
A3.02-3(h) Participate and assist or coordinate
negotiations with consultants and/or contractors
regarding price proposals and/or adjustments in
time for performance of services which may
result in supplemental services.
A3.03 CONSTRUCTION ADMINISTRATION
The City of Miami has contracted separately with
various firms provideing construction engineering and
observation (CEO) services . The Program Manager
will assist the City in the management of the CEO
services, including the following tasks:
A3.03-1 Provide administrative coordination
between active construction projects in the same
or adjacent areas.
A3.03-2Review and monitor traffic plans, and
provisions to protect existing facilities during
construction.
A3.03-3Visit the jobsites periodically and as
needed to monitor construction progress.
A3.03-4Review and recommend approval of
Requests for Change Orders.
A3.03-5Verify that contractors have filed safety
and affirmative action policies. However,
Program Manager shall not be responsible for
jobsite safety or for contractors failure to comply
with affirmative action and safety policies.
A3.03-6Administer construction contracts.
A3.03-7 Oversee work of Construction
Engineering Observation Program Managers.
A3.03-8 Perform and implement claims
avoidance analysis. Devise and implement
initiatives and proactively assist contractors in
methods intended to minimize potential claims
and disturbances to public.
A3.03-9 Coordinate special inspections
including major trades, as requested by the
DIRECTOR.
A3.03-10 Review, monitor and recommend
approval of payment requisitions from the
contractor and other Program Managers.
CITY Contract No. K-04-00648 Page A-4
ATTACHMENT A — SCOPE OF SERVICES
A3.03-11 Monitor monthly construction -
related expenditures by the CITY.
A3.03-12 Coordinate and assist in hosting
of periodic meetings at frequencies determined
by the Director or Designee with contractors to
promote best practices by City and industry.
ARTICLE A4SPECIALTY SERVICES
The specific scope of activities required as
SPECIALTY SERVICES shall vary depending on
nature of the specific endeavor, and may encompass
any or all of the tasks described under PRIMARY
SERVICES. The required tasks and/or activities shall
be described in a proposal that shall form the basis
for a WORK ORDER to be approved by the
DIRECTOR, CITY MANAGER and/or CITY
COMMISSION, as appropriate.
ARTICLE A5STAFFING
The PROGRAM MANAGER will perform all services
described in this Scope of Services by use of the
CORE PROGRAM STAFF and/or the
SUPPLEMENTAL (Hourly Rate) STAFF, as described
below. The ANNUAL WORK PROGRAM shall
delineate the total anticipated CORE and
SUPPLEMENTAL STAFF levels. Individual WORK
ORDERS shall likewise depict staff and/or activities
as being ofered on a lump sum, performance basis or
houlry-rate, limiting amount basis. The DIRECTOR's
input regarding staff and work assigned as CORE
PROGRAM STAFF and SUPPLEMENTAL STAFF
shall be duly considered by PROGRAM MANAGER in
preparing the ANNUAL WORK PROGRAM or any
individual WORK ORDER proposal and failure to
adequately address such concerns regarding staff
assignments may be cause for DIRECTOR's rejection
of same.
All staff shall be duly qualified, trained and/or licensed
to perfrom the Work assigned to them.
A5.01 CORE PROGRAM STAFF
As depicted in the ANNUAL WORK PROGRAM, a
significant portion of the PRIMARY SERVICES shall
be perfomed by PROGRAM MANAGER's staff
assigned on a full-time basis and housed at the
Miami Riverside Center. Such personnel shall be
considered CORE PROGRAM STAFF, and shall be
shown in the ANNUAL WORK PROGRAM and billed
to the CITY on a Lump Sum Basis.
Any reduction in the Scope of Work assigned to the
CORE PROGRAM STAFF should trigger a
corresponding reduction in the Lump Sum
Compensation, as provided in Article B3.01-3
A5.02 SUPPLEMENTAL STAFF
The work assignments performed by these staff will
be requested by the CITY and/or the PROGRAM
MANAGER for individual or short term tasks, or for
long-term and continuing service tasks, associated
with any element of the Scope of Services. The level
of effort anticipated for these staff members and their
assignments will be analyzed by the DIRECTOR
and/or his/her designee on an as needed basis, and
the progress will be measured through the Progress
Reporting to accompany the monthly invoicing.
A5.03 SPECIALTY STAFF
Staff assigned via WORK ORDER to a given scope of
Work shall be duly qualified and experienced in fields
directly related to the SPECIALTY SERVICES.
Individual WORK ORDERS shall depict staff and/or
activities as being ofered on a lump sum,
performance basis or hourly -rate, limiting amount
basis.
A5.04 STAFFING CHANGES
If additional staff is warranted in the opinion of the
PROGRAM MANAGER due to workload issues, a
written request will be made by PROGRAM
MANAGER to the DIRECTOR whose written approval
is required as described below.
A5.04-1 Changes due to Absence or
Termination: If there are changes in the staff
depicted in the ANNUAL WORK PROGRAM or
an authorized WORK ORDER, particularly in
CORE PROGRAM STAFF, due to voluntary or
involuntary termination, that position will be
replaced within five (5) business days of the date
of separation, or as requested by the
DIRECTOR. Should an individual staff,
particularly within the CORE PROGRAM STAFF,
be absent for more than 15 consecutive business
days due to vacation, illness or other matter,
PROGRAM MANAGER shall provide a qualified
replacement that is acceptable to the
DIRECTOR. DIRECTOR, in his/her sole
discretion, may additionally request qualified
replacement staff due to absences of Tess that 15
business days if warranted by the nature of the
work handled by that staff. Such changes shall
be noted and approved in writing.
A5.04-2Changes due to Work Requirements:
DIRECTOR's approval shall be in writing for
additional or replacement CORE STAFF and for
additional SUPPLEMENTAL STAFF estimated to
work in excess of 20 hours per month in total. In
such cases, PROGRAM MANAGER shall
provides a writen proposal to DIRECTOR
detailing anticipated man-hour and related
requirements for the task or activity to be
assigned to additional SUPPLEMENTAL STAFF.
Where SUPPLEMENTAL STAFF are required on
an ad hoc, non -repetitive basis for 20 hours per
month or less in total, the DIRECTOR's approval
may be designated by his/her approval of the
invoice that contains and specifically identifies
such additional staff. Such addition of STAFF
shall be duly noted in the Monthly Invoice and
Progress Report. PROGRAM MANAGER shall
CITY Contract No. K-04-00648 Page A-5
ATTACHMENT A - SCOPE OF SERVICES
bear the cost of any additional staff not approved
by DIRECTOR.
A5.04-3Electronic mail requests or proposals
and authorizations are acceptable.
ARTICLE A6ASSIGNMENT OF WORK
It is the intent and purpose of the CITY that
PROGRAM MANAGER shall provide the Primary
Services hereunder as an extension of the
Department's resources as may be authorized by the
DIRECTOR. It is envisioned that areas of
responsibilities and specified tasks will be assigned
by the DIRECTOR as part of his/her approval of an
ANNUAL WORK PROGRAM as prescribed below,
consisting of the total anticipated CORE Program and
SUPPLEMENTAL Staff levels as part of a separately
scoped and negotiated Work Order for Specialty
Services, as part of routine management meetings,
and on an as needed basis throughout the term of the
Agreement.
A6.01 ANNUAL WORK PROGRAM
An ANNUAL WORK PROGRAM, consisting of the
total anticipated CORE PROGRAM STAFF and
SUPPLEMENTAL STAFF levels, shall be prepared
and provided to the Director at least annually, or at
the frequency requested by the DIRECTOR. The
Annual Work Program shall cover all PRIMARY
SERVICES as well as estimates for known
SPECIALTY SERVICES.
The ANNUAL WORK PROGRAM shall identify and
estimate the level of both CORE and
SUPPLEMENTAL STAFF to be provided for the up-
coming program year. However, PROGRAM
MANAGER may augment staff with additional
personnel as needed throughout the year to
accomplish the assigned work, subject to the
approval of the DIRECTOR as provided in Section
A5.04.
At least sixty (60) days prior to the anniversary date
of this Agreement, PROGRAM MANAGER shall
prepare a comprehensive report of accomplishments,
and proposed goals, strategies, tasks and activities to
be undertaken for the following year under this
Agreement, along with a detailed analysis of
personnel, other resources and compensation
required to accomplish same for the up -coming
period. Such ANNUAL WORK PROGRAM shall be
consistent with the financial and programmatic
objectives of the CITP. The DIRECTOR shall
critically review the proposed ANNUAL WORK
PROGRAM, with input from CITY staff or others, and
direct such modifications as he/she deems
appropriate in his/her sole discretion. When the
ANNUAL WORK PROGRAM is deemed acceptable
to DIRECTOR, he/she will notify PROGRAM
MANAGER in writing of its approval for
implementation for the following program year.
The DIRECTOR's approval of the ANNUAL WORK
PROGRAM may be subject to the additional
authorization of the City Manager and/or the City
Commission depending on the extent of variation, if
any, from the Summary of Compensation depicted in
Schedule B5.
A6.02 WORK ORDERS FOR SPECIALTY
SERVICES
When a specific task above and beyond the
scope of PRIMARY SERVICES assigned to the
CORE PROGRAM STAFF and the SUPPLEMENTAL
STAFF as provided in the ANNUAL WORK
PROGRAM, the DIRECTOR or his/her authorized
designee, will request, in writing where practicable, a
proposal from the PROGRAM MANAGER for
SPECIALTY SERViCES based on a proposed scope
of work. The PROGRAM MANAGER 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 PROGRAM MANAGER shall
then prepare a written "Work Order Proposal" for the
required SPECIALTY SERVICES generally following
the guidelines attached hereto as Schedule A3,
indicating the proposed scope of services, time of
performance, proposed fees, Subconsultants if
warranted, deliverable items and/or documents, and
funding and/or estimated construction cost, if
provided by CITY. The Work Order Proposal shall
depict detailed staffing committments for the
proposed SPECIALTY SERVICES and the method of
compensation, either Lump Sum or Houly
Rate/Limiting Amount.
When consensus is reached, the PROGRAM
MANAGER 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 PROGRAM MANAGER as "Accepted
and Approved." The Work Order is then approved by
the DIRECTOR, City Manager, and/or City
Commission, in accordance with provisions of the
City Code. When the WORK ORDER is fully
executed, written "Notice to Proceed" will be issued
by the DIRECTOR and/or his/her designated
designee.
CITY Contract No. K-04-00648 Page A-6
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE Al. - PROGRAM MANAGEMENT TEAM
PRIME PROGRAM AND SUB -PROGRAM MANAGERS
The following table summarizes the roles for all members of the Program Management Team anticipated
to work on the Professional Program Management Services Agreement for the City of Miami.
FIRM
MAJOR ROLE
PRIMARY SERVICES
HDR Engineering, Inc.
Prime Program Manager, Program Management,
including Administration, Production, Construction,
and Financial/Accounting
URS Construction Services, Inc.
Project Management for miscellaneous vertical
projects (Production and Construction)
ADA Engineering, Inc.
Miscellaneous Construction and Production
Management Support
Gordian Group
Construction Project Management for Job Order
Contractor Projects
Project Information Services
Program Controls, program data information
management
CMTS
Miscellaneous Construction and Production
Management Support
JRA Consulting, Inc.
Utility Coordination
Larry Schneider
ADA Compliance Support
SPECIALTY SERVICES -
Work Order No. 1
HDR Engineering, Inc.
Program Manager, Program Management,
including Administration, Production, Construction,
and Financial/Accounting
LTK, Inc.
Streetcar Systems and Technology support
Nick Serianni & Jeffrey Parker
Transportation Program Funding
Holland and Knight
FTA Coordination and Support
Planning Innovations; Inc.
FTA Coordination and Support
CITY Contract No. K-04-00648
Page A-7
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE A2. - KEY STAFF
The following table summarizes the roles for Key Staff Members anticipated to work on the Professional
Program Management Services contract for the City of Miami.
STAFF MEMBER
POSITION DESCRIPTION/ROLE
Will Suero, PE, VP
Senior Program Manager -Contract Manager/Client coordination and Quality
Assurance, as well as contract management.
Neal Poteet, GC, VP
Senior Program Manager/Day to day Program Manager and City of Miami
point of contact. Supervise and Direct full Program Management team
Roger Hatton, GC, PE
Program Manager/Program technical director
Melanie Whitaker
Senior Administrative Assistant/Senior Administrative Support, Document
Control Support
Thais Baptista
Program Controls Manager/Scheduling, Financial, Programming, Report
generation
Collin Worth
GIS Technician/GIS data input, reporting, map creation, and miscellaneous
program controls support
Edwige De Crumpe
Project Accounting/Financial and Contractual tracking and reporting, as well
as EEO compliance monitoring
Ed Herald
Program Manager/Full Program Construction Program Management
Lionel Zapata
Project Manager/Day to day project manager for construction projects
Jim Brittain, PE
Project Manager/Day to day project manager for construction projects
Alvaro Alonso, PE
Senior Project Manager/Day to day project manager for construction
projects
Tony Sabbag, GC
Production Manager/Full Program Production Program Management
Kevin Brown, PE
Project Manager/Day to day project manager for construction projects
Cary Sanchez Rea, AIA
Senior Project Manager/Day to day project manager for construction
projects
Natalie Hossein
Project Manager/Day to day project manager for construction projects
Chris Miranda
Senior Project Manager/JOC Construction Program
Tim Malagon
Senior Program Controls Manager/Responsible for development of Program
Controls System
CITY Contract No. K-04-00648
Page A2-1
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE A3 - WORK ORDER FORM
3 PAGES
CITY Contract No. K-04-00648
DRAFT 8-23-05
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
PROGRAM MANAGER.
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate, as defined in Section
B3.02and at the rates set forth in Schedule
B1
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and
costs, including reimbursable expenses, to the
PROGRAM MANAGER payable by the CITY under
this Agreement shall be limited to the amount
specified in Section 2.04-1 and as shown in Schedule
B5 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 PROGRAM MANAGER,
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.
For employees included as CORE PROGRAM
STAFF, at no time should the billing be exceeded by
or reduced from 1,897 hours per annum per emplyee.
The 1,897 hours per annum includes any additional
overtime, time required to complete the originally
scoped tasks, vacation, personal time or sick time.
B1.02 PROGRAM MANAGER NOT TO
EXCEED
Absent an amendment to the Agreement, with
corresponding approval to amend an ANNUAL
WORK PROGRAM or to amend any specific WORK
ORDER, the maximum dollar amounts stated for
compensation shall not be exceeded without written
approval by the CITY MANAGER. In the event
compensation is exceeded without the City
Manager's written approval, the CITY shall have no
liability or responsibility for paying any amount of
such excess, which will be at PROGRAM
MANAGER's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE BASIS
All fees and compensation payable under this
Agreement shall be based on the maximum wage
rates shown in Schedule , as adjusted for
overhead, FCCM, and operating margin, where
applcable, plus any and all reimbursable expenses
that have been received and approved by the
DIRECTOR in the manner prescribed herein. The
maximum Wage Rates are summarized in Schedule
B1 incorporated by reference. Said Wage Rates are
the maximum effective direct hourly rates, as
approved by the CITY, for PROGRAM MANAGER
and SUB -PROGRAM MANAGER employees in the
specified professions and job classifications 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 and/or job
classifications expected to be used during the term of
this Agreement. These include, without limitation,
program managers, controls managers, accountants,
project managers, transportation and transit planners,
utility coordinators, technicians, architects, engineers,
landscape architects, professional interns, designers,
project managers, GIS and environmental specialists,
specification writers, estimators, schedulers,
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 PROGRAM MANAGER
employees at particular Wage Rate levels.
B2.03 CALCULATION
Said Wage Rates are to be utilized by PROGRAM
MANAGER in calculating compensation payable
under the ANNUAL WORK PROGRAM for specific
assignments and WORK ORDERS as may be
requested by City. PROGRAM MANAGER shall
identify job classifications, available staff and
projected man-hours required for the proper
completion of tasks and/or groups of tasks,
milestones and deliverables identified under the
Scope of Work. Whatever adjustment factors have
been approved by CITY in this Agreement are
depicted in Schedule B2 and shall be applied to the
raw Wage Rates to determine the Adjusted Wage
Rates.
B2.04 EMPLOYEE BENEFITS AND
OVERHEAD
Regardless of the method of compensation elected
for work assigned hereunder, compensation paid by
CITY shall cover all PROGRAM MANAGER's labor
costs including, without limitation, overhead costs
applied In accordance with the most recently
available Federal Accounting Regulations, Florida
Department of Transportation Audited Field and
Office Rates, and other applicable overhead costs.
CITY Contract No. K-04-00648 Page B - 1
DRAFT 8-23-05
Failure to comply with this section shall be cause for
cancellation of this Agreement.
B2.05 ESCALATION
B2.05-1 Wage Rates
Values depicted in Schedule B-1 will be allowed
annual escalation effective with the annual
anniversary of the contract execution date. The
maximum increase in any annual adjustment
shall be limited to three percent (3%) per year
B2.05-2Adjustment Factors
Where an Independent Auditor's Report is used
to calculate overhead and other adjustment
factors as depicted in Schedule B2, the Lump
Sum and Hourly Rate Fees estimated per year
will be adjusted annually utilizing the most recent
updated adjustment factors for successive years,
effective on the anniversary of the execution of
the contract.
ARTICLE B3 COMPUTATION OF FEES
AND COMPENSATION
The CITY agrees to pay the PROGRAM MANAGER,
and the PROGRAM MANAGER 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:
It is understood that with Lump Sum Fixed Fee
Compensation, the PROGRAM MANAGER shall
perform all services for total compensation in the
amount stated above. Under a Limiting Amount
compensation, the PROGRAM MANAGER is to
perform all services that may comprise "Basic
Services" but may not be required by CITY to perform
all other services delineated in the assignement. In
either case, The City shall have no obligation or
liability to pay any fee, expenditure, charge or cost
beyond the Lump Sum or Limiting Amount
compensation amount stipulated.
B3.01 LUMP SUM
Compensation for a Scope of Work shall generally be
a Lump Sum, a Fixed Fee as deemed appropriate by
the CITY, to be mutually agreed upon in writing by the
CITY and the PROGRAM MANAGER and stated in a
Work Order. Lump Sum compensation is the
preferred method of compensation. For any task or
activity to be assigned to PROGRAM MANAGER,
whether PRIMARY or SPECIALTY SERIVES, the
preferred method of compensation is Lump Sum.
B3.01-1Lump Sum Fixed Fee: shall be the total
amount of compensation where aspects of Work
are clearly defined, quantified and calculated.
B3.01-2Payment Basis: Where a Lump Sum
Fixed Fee is agreed upon as the method of
compensation for a project, assignment, task or
activity, payments to the PROGRAM MANAGER
shall be based on a percentage work completed.
B3.01-3Modifications to Lump Sum: If the
CITY authorizes a substantial or material change
in the Scope of Work or level of staffing, the
Lump Sum Compensation for that portion of the
work may be equitably and proportionately
adjusted by mutual consent of the DIRECTOR
and PROGRAM MANAGER, which may be put
into effect by an amendment to the ANNUAL
WORK PROGRAM or Work Order, subject to
such additional approvals as may be required by
legislation or ordinance.
B3.01-4Lump Sum compensation shall be
calculated by PROGRAM MANAGER utilizing the
Wage Rates established herein including
overhead, Facilities Capital Cost of Money
(FCCM), operating margin, and reimbursable
expenses as attached in Schedule B-2.. Prior
to issuing a WORK ORDER, the CITY may
require PROGRAM MANAGER 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 Hourly Rate Fees shall be those rates
for PROGRAM MANAGER and SUB -PROGRAM
MANAGER employee classifications generally
identified in Schedule B1 Wage Rates. Total
fees calculated using an Hourly Rate will include
a maximum not to exceed figure, inclusive of all
costs expressed in the contract documents,
including but not limited to overhead, operating
margin, FCCM, and reimbursable expenses. The
City shall have no liability for any fee, cost or
expense above this figure.
B3.02-2Conditions 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 the
ANNUAL WORK PROGRAM or Work Order
issuance. Hourly Rate Fees may be utilized for
SPECIALTY SERVICES that are similarly
indeterminate. In either case, the CITY will
establish an Allowance in the ANNUAL WORK
PROGRAM or WORK ORDER that shall serve
as a Not to Exceed Fee for the Work to be
performed on an Hourly Rate Basis.
B3.03 SUB -PROGRAM MANAGER FEES
PROGRAM MANAGER is responsible to directly pay
all Sub -Program Managers performing Work under
this Agreement in the amounts formulated in the
ANNUAL WORK PROGRAM, in a WORK ORDER, or
as may be otherwise approved, in writing, by
DIRECTOR. The PROGRAM MANAGER is not
CITY Contract No. K-04-00648 Page B - 2
entitled to a mark-up of any kind on compensation
paid to Sub -Program Managers on behalf of CITY.
B3.04 FEES FOR SPECIALTY SERVICES
The PROGRAM MANAGER may be authorized to
perform SPECIALTY SERVICES for which additional
compensation and/or Reimbursable Expenses, as
provided in this Agreement may be applicable,
B3.04-1 Determination Of Fee
The compensation for such services will be one
of the methods described herein: mutually
agreed upon Lump Sum; or Hourly Rate with a
Not to Exceed Limit.
B3.04-2 Procedure and Compliance
An independent and detailed Notice to Proceed,
and a WORK ORDER or an Amendment to an
existing WORK ORDER, shall be required to be
issued and signed by the Director for each
SPECIALTY SERVICE requested by the City.
The Notice to Proceed will specify the fee for
such service and method of compensation, which
shall not be exceeded, and shall comply with the
City of Miami regulations, including the
Purchasing Ordinance, the Consultants
Competitive Negotiation Act, and other
applicable laws.
B3.05 FEES RESULTING FROM PROJECT
SUSPENSION
If a Program is suspended for the convenience of the
CITY for more than three months or terminated
without any cause in whole or in part, the PROGRAM
MANAGER shall be paid for services duly authorized
and performed prior to such suspension or
termination, together with the cost of authorized
reimbursable expenses then due, and all appropriate,
applicable, and documented expenses resulting from
such suspension or termination. If the Program is
resumed after having been suspended for more than
three months, the PROGRAM MANAGER's further
compensation may be subject to renegotiations.
ARTICLE B4PAYMENTS
B4.01 PAYMENTS GENERALLY
Payments may be requested monthly in proportion to
services performed during the prior month. For the
Lump Sum portion of this contract, payments shall be
made monthly in an amount equal to 1/12th the
annual Lump Sum total compensation. Hourly Rate
payments shall be made on the basis of actual hours
worked for the Hourly Rate Fee, accompanied by a
duly certified invoice, giving names, classification,
salary rate per hour (not to exceed the values
depicted in Schedule B-1), hours worked and total
charge for all personnel directly engaged on a CITY
Project or task.
Recurring Reimbursable Expenses established at a
monthly lump sum as shown in Schedule B3 may be
invoiced monthly. Other, pre -approved direct
Reimbursable Expenses are to be invoiced within 60
days of the PROGRAM MANAGER's expenditure
thereof.
Sub -PROGRAM MANAGER fees and Reimbursable
Expenses shall be billed to the City in the actual
amount paid by PROGRAM MANAGER.
FAILURE TO SUBMIT INVOICE(S) WITHIN 60 DAYS
FOLLOWING THE PROVISION OF SERVICES
CONTAINED IN SUCH INVOICE MAY BE CAUSE
FOR A FINDING OF DEFAULT.
B4.02 MONTHLY PROGRESS REPORT
In addition to the invoice, the PROGRAM MANAGER
shall submit a Monthly Progress Report giving a
summary of the services provided and activities
undertaken by PROGRAM MANAGER staff, with
particular detail regarding the work of
SUPLLEMENTAL STAFF. The Monthly Progress
Report shall also provide summary as to the status of
all assignments, tasks, activities and deliverables as
may be applicable. City shall have the right to reject
any invoice not accompanied by a Monthly Progress
report.
ARTICLE B5 REIMBURSABLE EXPENSES
B5.01 GENERAL
Any fees for authorized reimbursable expenses shall
not include charges for PROGRAM MANAGER
handling, office rent or overhead expenses of any
kind, including depreciation of equipment,
professional dues, subscriptions, etc., or employees
time or travel and subsistence not directly related to
the program or a project(s). Reimbursable expenses
shall be billed to the City at direct cost expended by
the PROGRAM MANAGER.
The CITY will reimburse the PROGRAM MANAGER
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.
Reimbursable Expenses shall be identified and
quantified, to the extent possible, in each ANNUAL
WORK PROGRAM and in each WORK ORDER.
B5.02 TYPES OF REIMBURSABLE
EXPENSES
As depicted in Schedule B3, Reimbursable
Expenses are to be established either as a
RECURRING REIMBURSEMENT set as a Monthly
Lump Sum amount primarily attributable to CORE
PROGRAM STAFF or as VARIABLE
CITY Contract No. K-04-00648 Page B - 3
REIMBURSEMENT given as a limiting amount, or
allowance, subject to the advance approval of the
DIRECTOR or designee for direct expenses
attributable to either CORE PROGRAM STAFF,
SUPPLEMENTAL STAFF or staff assigned to
SPECIALTY SERVICES.
Maximum expense fees are given in Schedule B3 for
estimating purposes. Actual direct costs paid by
PROGRAM MANAGER shall be the basis of invoice
to CITY, subject to the advance approval of the
DIRECTOR as provided below.
B5.03 AUTHORIZATION
Both RECURRING REIMBURSEMENTS and
estimates of VARIABLE REIMBURSEMENTS are to
be identified in each ANNUAL WORK PROGRAM.
Acceptance and approval of the ANNUAL WORK
PROGRAM by the CITY, as provided herein, shall
constitute advance approval of the expenses
identified in the ANNUAL WORK PROGRAM, subject
to the following exceptions. VARIABLE EXPENSES
for all travel and per diem, miscellanoeus ittems and
any other item or category not stated in the ANNUAL
WORK PROGRAM shall be subject to specific written
advance approval of the DIRECTOR using forms
provided in Schedule B4. Likewise, any VARIABLE
REIMBURSEMENT item for a rate (cost) or in an
amount in excess of 20% of the rate or amount
shown in the ANNUAL WORK PROGRAM shall
require separate written advance approval of the
DIRECTOR.
B5.04 DEFINITIONS and CATEGORIES
Reimbursable Expenses are those items authorized
by the CITY outside of or in addition to professional
fees as identified in the ANNUAL WORK PROGRAM
or WORK ORDER and consist of actual expenditures
made by the PROGRAM MANAGER and the
PROGRAM MANAGERS' employees, or Sub -
PROGRAM MANAGERS, in the interest of the Work
for the purposes identified below:
B5.04-1 Transportation
• Recurring Reimburseable: parking
expenses and vehicle allowances for
members of CORE PROGRAM STAFF
inclusive of fuel, maintenance and leasing.
• Variable Reimburseable: parking and
mileage for PROGRAM MANAGER and
SUB -PROGRAM MANAGER staff to sites
strictly relating to CITY Work, excluding
travel to and from primary work location,
supported by mileage log documentation. I
Identifiable transportation expenses in
connection with the Program, subject to the
provisions of this Agreement and to the
limitations of Section 112.061, Florida Statutes,
as amended, excluding, however, all, general
automobile transportation expenses within
Miami -Dade County. However, transportation
expenses within Miami Dade County related to
Project and/or Construction Administration
Services, and performance of scope as
described in the Scope of Work shall be
reimbursed utilizing the mileage rate in Section
112.061 of the Florida Statutes. Transportation
expenses to locations outside the Dade-Broward-
Palm Beach County area or from locations
outside the Dade-Broward-Palm Beach County
area will not be reimbursed unless specifically
pre -authorized in writing by the Project Manager.
Such pre -authorization will be subject to the
mileage rate limitations of Section 112.061,
Florida Statutes, as amended.
B5.04-2 Travel And Per Diem
All travel and per diem expenses are Variable
Reimbursement Expenses. Identifiable per diem,
meals, lodging, taxi fares, car rental and
miscellaneous travel -connected expenses for
PROGRAM MANAGER's personnel subject to
the limitations of Section 112.061 Florida
Statutes as amended, shall be considered
VARIABLE REIMBUSEMENT. Authority to travel
as required in FS 112.061 shall be accomplished
using the form provided as Schedule B4-1.
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 PROGRAM MANAGER'S
employees from one of PROGRAM MANAGER's
offices to another office if the employee is or has
been relocated for more than thirty (30)
consecutive calendar days. Lodging will be
reimbursed only for room rates equivalent to
Holiday Inn, Howard Johnson, Marriott, or
Ramada Inn. Without justification deemed
sufficient solely in the discretion of the
DIRECTOR, lodging will not be reimbursed within
Miami Dade, Broward or Palm Beach County, for
staff who permanently reside in Miami Dade,
Broward, or Palm Beach County.
PROGRAM MANAGER shall have the option,
subject to the review and approval of the
DIRECTOR, to utilize weekly or monthly rates for
lodging of relocated staff upon submission of
documentation that demonstrates the cost
effectiveness of such rates over daily room rates
described above.
B5.04-3Communication and Delivery
Expenses
• Recurring Reimburseable: cellular (mobile)
telepphone expenses for members of CORE
PROGRAM STAFF.
• Variable Reimburseable other than that
stated above, identifiable communication
expenses, specifically those for long
distance and cellular telephone, are to be
considered overhead and not subject to
CITY Contract No, K-04-00648 Page B - 4
reimbursement. Courier and express mail
service is generally considered a Variable
Reimburseable expense.
B5.04-4 Reproduction, Photography
Cost of printing, reproduction or photography,
which is required by or of PROGRAM MANAGER
to deliver services set forth in this Agreement are
eligible Variable Reimbursement Expenses.
B5.04-5Permit Fees
All Permit fees paid by PROGRAM MANAGER to
regulatory agencies for approvals directly
attributable to the Project are deemed eligible
Variable Reimburseable Expenses, and exclude
permit fees required to be paid by the
construction contractor.
B5.04-6Computer Expense
• Recurring Reimburseable: Costs for lease
of laptop computers and printers, and for
lease or maintenance of telecommunication
service used in the MRC office of
PROGRAM MANAGER, as designated in
Schedule B3, are eligible RECURRING
REIMBURSEMENTS.
• Variable Reimburseable Costs for ESRI
computer software licenses and related
computer software, hardware, services, and
supplies, are deemed to be eligible
reimbursable expenses as depicted in
Schedule B3.
B5.04-70ffice Supplies And Equipment
• Recurring Reimburseable: Costs for fax
machine and other equipment rentals and
for consummable office supplies including
copy paper that are used in the MRC office
of PROGRAM MANAGER designated in
Schedule B3
• Variable Reimburseable Costs for toner,
ink cartridges and simlar supplies for fax
machines, printers and copiers that are used
in the MRC office of PROGRAM MANAGER
designated in Schedule B3
B5.01-6Miscellaneous Reimbursable
Expenses
All other expenses as included in Schedule B3
or those otherwise requested in advance and
approved in writing by the DIRECTOR or
designee are eligible for reimbursement as
VARIABLE REIMBURSEMENTs.
B5.05 REIMBURSEMENTS TO SUB-
PROGRAM MANAGERS
Reimbursable SUB -PROGRAM MANAGER expenses
are limited to the items described above when the
SUB -PROGRAM MANAGER agreement provides for
reimbursable expenses and which shall be subject to
all budgetary limitations of the City and requirements
of ARTICLE B5 herein.
ARTICLE B6COMPENSATION for REUSE
OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
Subject to the requirements of Article 7 of this
Agreement, it is understood that all Agreements for
Work include the provision for the re -use of
documents, plans and specifications, including
construction drawings, at the CITY's sole option. By
virtue of signing this Agreement PROGRAM
MANAGER agrees to a 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.
CITY Contract No. K-04-00648 Page B - 5
SCHEDULE B1 - WAGE RATES SUMMARY
MAXIMUM LABOR
JOB CLASSIFICATION
RATES - YEAR 1 (Note 1)
MAXIMUM RAW LABOR
RATES (NOTE 2)
ADJUSTED LABOR
RATES -LOADED I"(3rE9)
Senior Program Manager
$78.49
N/A
Program Manager
$63.44
N/A
Chief Engineer
$75.67
N/A
Senior Project Manager
$50.24
N/A
Project Manager
$41.62
N/A
Construction Coordinator
$31.72
N/A
Program Controls Manager
$38.06
N/A
Sr. Program Controls Manager
N/A
$150.70
Program Accounting
$38.06
N/A
GIS Technician
$18.27
N/A
Computer Systems Manager
$30.45
N/A
GIS Manager
$29.44
N/A
Senior Engineer
$63.44
N/A
Project Engineer
$42.63
N/A
Senior Utility Coordinator
$28.70
N/A
Utility Coordinator
$22.00
N/A
Senior Transit Planner
$72.23
N/A
Senior Transportation Planner
$51.48
N/A
R/W Services Manager
$40.51
N/A
Graphics Technician
$18.78
N/A
Senior Administrative Assistant
$24.36
N/A
Landscape Architect
$35.00
N/A
Senior Landscape Architect
$45.00
N/A
Architect
$40.00
N/A
Senior Architect
$65.00
N/A
Technician
$30.00
N/A
Senior Technician
$38.00
N/A
Designer
$36.00
N/A
Planner
$35.00
N/A
Senior Attorney
N/A
$195.00
Principal - ADA Compliance
N/A
$195.00
Deposition - ADA Compliance
N/A
$250.00
Senior Planner
$50.00
N/A
Senior Railroad Engineer
$62.93
N/A
Senior Geotechnical Engineer
$60.00
N/A
Administrative Assistant
$19.50
N/A
NOTES:
1. All rates are subject to annual 3% increases, effective with the annual anniversary of the contract.
2. These rates apply to HDR, URS, ADA, JRA. Also, reference Schedule B-2 for applicable adjustment factors for
these Raw Rates.
3. These rates apply to PIS, CMTS, Gordian, LTK, Planning Innovations, Inc., Holland and Knight, Serianni-Parker
and Larry Schneider.
At the request of the CITY, Program Manager shall provide staff in such additional job classifications as may be
required to complete the work, consistent with the provisions of this Agreement, the City Code and State Statute.
CITY Contract No. K-04-00648
Page B1 - 1
SCHEDULE B2 - LABOR ADJUSTMENT FACTORS
SCHEDULE B-2
RAW LABOR
FIRM
ADJUSTMENTS
Home
Overhead
-
Field
Overhead
YEAR 1
Home
FCCM
Field
FCCM
Operating
Margin
HDR Engineering, Inc.
167.55%
121.00%
0.55%
0.37%
12.50%
URS Construction Services
N/A
109.18%
N/A
N/A
12.00%
ADA Engineering, Inc.
146.54%
146.54%
0.35%
0.35%
12.00(%
JRA Consulting, Inc.
150.01%
150.01%
0.42%
0.42%
12.00%
These rates are subject to change per year, based on most recent FAR or FDOT approved audits.
Definitions:
Overhead: A computed rate expressed as a percentage of direct labor that includes, but is not
limited to general and administrative costs, fringe benefits, and other indirect costs.
FCCM: Facilities Capital Cost of Money, representing the the imputed cost determined by applying
the cost of money rate to Facilities capital employed in contract performance in accordance CAS
414. It is computed in accordance with CAS 414 and is based on interest rates approved by the
Secretary of the Treasury and public law 92-41
Operating Margin: The negotiated contract price less all applicable contract costs to consultant
(Operating Profit)
CITY Contract No. K-04-00648 Page B2 - 1
SCHEDULE B3 - ESTIMATE OF REIMBURSABLE EXPENSE
PRIMARY SERVICES
VARIABLE REIMBURSEMENT EXPENSES - MAXIMUM ANNUAL TOTALS
Description
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
YEAR 6
Travel and Per
Diem
$70,095.60
$56,703.60
$50,799.60
$43,023.60
$39,279.60
$37,263.60
Communication
and Delivery
$1,653.12
$1,653.12
$1,653.12
$1,653.12
$1,653.12
$1,653.12
Reproduction
and
Photography
$2,400.00
$2,400.00
$2,400.00
$2,400.00
$2,400.00
$2,400.00
Permit Fees
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Computer
$4,920.00
$4,920.00
$4,920.00
$4,920.00
$4,920.00
$4,920.00
Office Supplies
and Equipment
$6,684.00
$6,684.00
$6,684.00
$6,684.00
$6,684.00
$6,684.00
Miscellaneous
$120.00
$120.00
$120,00
$120.00
$120.00
$120.00
SUBTOTAL
$85,872.72
$72,480.72
$66,576.72
$58,800.72
$55,056.72
$53,040.72
RECURRING REIMBURSEMENT EXPENSES - MAXIMUM ANNUAL TOTALS
Description
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
YEAR 6
Travel and Per
Diem
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
Communication
and Delivery
$13,572.00
$13,572.00
$13,572.00
$13,572.00
$13,572.00
$13,572.00
Reproduction
and
Photography
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Permit Fees
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Computer
$5,364.60
$5,364.60
$5,364.60
$5,364.60
$5,364.60
$5,364.60
Office Supplies
and Equipment
$3,693.60
$3,693.60
$642.00
$642.00
$642.00
$642.00
Miscellaneous
$56,125.44
$56,125.44
$56,125.44
$56,125.44
$56,125.44
$56,125.44
SUBTOTAL
$79,055.64
$79,055.64
$76,004.04
$76,004.04
$76,004.04
$76,004.04
SUB -PROGRAM MANAGERS (VARIABLE REIMBURSABLE)
tbd
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
URS
$5,000.00
$5,000.00
$5,000.00
$0.00
$0.00
$0.00
PIS
$12,000.00
$12,000.00
$12,000.00
$12,000.00
$12,000.00
$12,000.00
ADA
$2,800.00
$2,800.00
$2,800.00
$2,800.00
$2,800.00
$0.00
CMTS
$3,279.40
$3,279.40
$0.00
$0.00
$0.00
$0.00
Gordian
$4,960.00
$4,960.00
$4,960.00
$4,960.00
$4,960.00
$4,960.00
JRA
$2,818.80
$2,818.80
$2,818.80
$0.00
$0.00
$0.00
SUBTOTAL
$35,858.20
$35,858.20
$32,578.80
$24,760.00
$24,760.00
$21,960.00
TOTAL
PRIMARY
$200,786.56
$187,394.56
$175,159.56
$159,564.76
$155,820.76
$151,004.76
CITY Contract No. K-04-00648
Page B3 - 1
SCHEDULE B3 - ESTIMATE OF REIMBURSABLE EXPENSE
SPECIALTY SERVICES - WORK ORDER 1 - Streetcar
VARIABLE REIMBURSEMENT EXPENSES - MAXIMUM ANNUAL TOTALS
Description
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
YEAR 6
Travel and Per
Diem
$87,706,00
$87,706.00
$87,706.00
$87,706.00
$87,706.00
$87,706.00
Communication
and Delivery
$4,325.00
$4,325.00
$4,325.00
$4,325.00
$4,325.00
$4,325.00
Reproduction and
Photography
$2,400.00
$2,400.00
$2,400.00
$2,400.00
$2,400.00
$2,400.00
SUBTOTAL
$94,431.00
$94,431.00
$94,431.00
$94,431.00
$94,431.00
$94,431.00
RECURRING REIMBURSEMENT
EXPENSES - MAXIMUM ANNUAL
TOTALS
Description
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
YEAR 6
Travel and Per
Diem
$360.00
$360.00
$360.00
$360.00
$360.00
$360.00
Communication
and Delivery
$3,379.44
$3,379.44
$3,379.44
$3,379.44
$3,379.44
$3,379.44
SUBTOTAL
$3,739.44
$3,739.44
$3,739.44
$3,739.44
$3,739.44
$3,739.44
SUB -PROGRAM MANAGERS (VARIABLE REIMBURSABLE)
LTK
$3,752.00
$0.00
$0.00
$0.00
$0.00
$0.00
Planning
Innovations, Inc.
$2,130.00
$0.00
$0.00
$0.00
$0.00
$0.00
Holland & Knight
$10,900.00
$0.00
$0.00
$0.00
$0.00
$0.00
Serianni & Parker
$1,250.00
$0.00
$0.00
$0.00
$0.00
$0.00
SUBTOTAL
$18,032.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL
SPECIALTY
$116,202.44
$98,170.44
$98,170.44
$98,170.44
$98,170.44
$98,170.44
TOTAL
REIMBURSE-
MENT
$316,989.00
$285,565.00
$273,330.00
$257,735.20
$253,991.20
$249,175.20
CITY Contract No. K-04-00648
Page B3 - 2
SCHEDULE B-4.1 - TRAVEL APPROVAL
0.
/,.. City of Miami
.'� TRAVEL EXPENSE APPROVAL
REFERENCE: Labor/Management Policy Nos. 1-77 and 2-85 1 FI Sales Tax No: 04-00063-08-23
1. Travel Expense Approval No(s). and Amount(s):
TA A -$ TA E-$
TRAVELER
2. This travel request is for: ❑ Employee ❑ Other (specify):
3. Name:
4. Title (held or applied for):
5. Department:
6. Division:
7. Mailing Address:
a
__IAir
8. Purpose:
9. Destination From:
10. Destination To:
11. Date of Departure:
12. Date of Return:
13. Working Days Absent
14. Estimated Mileage:
15. Method of Travel:
❑ City Vehicle (Skip to #18) ❑ Public Carrier other than airline. Specify type.and cost. (Skip to #18):
U Private Vehicle (Skip to #17)
U Private Vehicle (Complete #16; skip to #18)
16.
Travel
Data
a, Name of Airline
b. Initial flight number
c. Fare Basis Code
d. Airfare (if single round trip fare,
enter once).
Departing
Returning
11.
Private
Vehicle
Data
(attach proof
of insurance)
LABOR RELATIONS USE ONLY
Reimbursement
to
limited
$
Authorized Signature
Date
Cl) c
= Q
LLi X
w
18. Account Code(s) to be charged:
19. Total estimated expenses fo this trip (including transportation,
lodging, meals, seminar costs, etc.).:
ADVANCE
REQUEST
20. Reason for travel advance request: ❑ Employee will be absent more than 5 wortdng days.
❑ Travel expenses are unusually high. ❑ Employee's annual salary is less than $50,000.
21. Amt. of Advance Requested:
22. Date Check Needed by:
23. Employee No.:
0
irc
QDepartment
24.
25.
1
Director/Designee Date
City Manager/Finance Director Date
C FN AC 203 Rev. 02/04 I Distribution:
White - Finance (Accounting), Canary - Issuing Deparlment.
SCHEDULE B-4.2 EXPENSE VOUCHER
CAPITAL IMPROVEMENT & TRANSPORTATION PROGRAM MANAGEMENT
VARIABLE REIMBURSEMENT
ADVANCE APPROVAL
(For expense items other than travel)
Consultant:
Submitted by:
Approved by:
City Contract No. K-04-00648
Date:
Date:
Page B — 4.2 - 1
SCHEDULE B-5 - SUMMARY OF TOTAL COMPENSATION
Year 1 Year 2
Year 3
Year 4 Year 5
Year 6
TOTAL
PRIMARY
SERVICES
FEES - CORE STAFF (Lump Sum)
$2,482,932.89
$2,245,954.80
$2,310,499.38
$2,162,868.77
$1,786,006.72
$1,589,945.28
$12,578,207.83
FEES -ADDITIONAL PROGRAM
STAFF (Maximum Limiting Amount)
$3,096,959.26
$2,599,782.55
$1,654,217.77
$1,026,145.86
$1,022,954.16
$796,990.89
$10,197,050.48
FEE SUBTOTAL
$5,579,892.15
$4,845,737.35
$3,964,717.15
$3,189,014.63
$2,808,960.88
$2,386,936.17
$22,775,258.32
EXPENSE RECURRING
REIMBURSEMENT (Lump sum)
$79,055.64
$79,055.64
$76,004.04
$76,004.04
$79,055.64
$76,004.04
$465,179.04
EXPENSE - VARIABLE
REIMBURSEMENT (Maximum
Limiting Amount)
$121,730.92
$108,338.92
$99,155.52
$83,560.72
$79,816.72
$75,000.72
$567,603.52
EXPENSE SUBTOTAL
$200,786.56
$187,394.56
$175,159.56
$159,564.76
$158,872.36
$151,004.76
$1,032,782.56
PRIMARY SERVICES TOTAL
$5,780,678.71
$5,033,131.91
$4,139,876.71
$3,348,579.39
$2,967,833.24
$2,537,940.93
$23,808,040.88
Cumulative Total
$5,780,678.71
$10,813,810.61
$14,953,687.32
$18,302,266.71
$21,270,099.95
$23,808,040.88
SPECIALTY SERVICES = WORK ORDER #1 STREETCAR
FEES - CORE STAFF (Lump Sum)
--
--
FEES ADDITIONAL PROGRAM
STAFF Maximum Limiting Amount
$1,383,996.06
$898,579.93
$831,531.12
$761,562.52
$731,760.00
$752,009.51
$5,359,439.14
FEE SUBTOTAL
$1,383,996.06
$898,579.93
$831,531.12
$761,562.52
$731,760.00
$752,009.51
$5,359,439.14
EXPENSE RECURRING
REIMBURSEMENT (Lump sum)
$3,739.44
$3,739.44
$3,739.44
$3,739.44
$3,739.44
$3,739.44
$22,436.64
EXPENSE - VARIABLE
REIMBURSEMENT (Maximum
Limiting Amount)
$112,463.00
$94,431.00
$94,431.00
$94,431.00
$94,431.00
$94,431.00
$584,618.00
EXPENSE SUBTOTAL
$116,202.44
$98,170.44
$98,170.44
$98,170.44
$98,170.44
$98,170.44
$607,054.64
SPECIALTY SERVICES = WORK
ORDER #1 TOTAL
$1,500,198.50
$996,750.37
$929,701.56
$859,732.96
$829,930.44
$850,179.95
$5,966,493.78
Cumulative Total
$1,500,198.50
$2, 496, 948.87 _
$3, 426, 650.43
$4, 286, 383.39
$5,116, 313.83
$5,966,493.78
GRAND TOTAL ALL PROGRAM
MGMT SERVICES
$7,280,877.21
$6,029,882.28
$5,069,578.27
$4,208,312.35
$3,797,763.68
$3,388,120.88
$29,774,534.66
Cumulative Total
$7,280,877.21
$13, 310, 759.48
$18, 380, 337.75
$22, 588, 650.10
$26, 386, 413.78
$29, 774, 534.66