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HomeMy WebLinkAboutProfessional Services AgreementCITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS PROFESSIONAL SERVICES AGREEMENT FOR MISCELLANEOUS CONTINUING SERVICES 2004 - 2006 (Construction Projects Under $1 Million and/or Study Activities under $50,000) BETWEEN THE CITY OF MIAMI, FLORIDA, AND PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) FOR ENVIRONMENTAL/COASTAL ENGINEERING PROFESSIONAL SERVICES RECITAL A. The City has issued on 5/21/03 a Request for Qualifications ("RFQ") No. 02-03-163 for the provision of Architectural, Engineering, Landscape Architectural and Surveying services for Miscellaneous Continuing Services ("Services") and PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) proposal ("Proposal"), in response thereto, was selected as one of the most qualified proposals for the provision of ENVIRONMENTAL/COASTAL ENGINEERING services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full herein. B. Under Chapter 18, Article III of the Code of the City of Miami, as amended, the City Manager may award certain Professional Services contracts, subject to the applicable requirements of Section 287.055 Florida Statutes, as amended, the Consultants' Competitive Negotiations Act ("CCNA") for selection and which do not exceed a cumulative sum of $500,000 in total value for Miscellaneous Continuing Services contracts solicited in compliance with CCNA. Any contract sums exceeding $500,000 shall require the prior approval of the Miami City Commission. The total amount of compensation payable to the Consultant, including basic and/or additional services and/or reimbursable expenses shall not exceed a cumulative sum of $500,000. CIP - Contract No. K-0400339 Page 1 WHEREAS, the City of Miami, Florida, experiences a fluctuating workload required of its professional architectural and engineering staff which makes it impractical to hire all necessary expertise in-house; and WHEREAS, it is in the best interests of the City to be able to obtain professional ENVIRONMENTAL/COASTAL engineering services expeditiously when a need arises in connection with a study or a partial or complete capital improvement project; and WHEREAS, the City has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of the City Procurement Ordinance, as one of several Consultants who will provide miscellaneous professional architectural, landscape architectural, registered surveying and mapping, and/or engineering services as directed by the Director of the Department of Capital improvement Projects, for such projects and/or tasks as may be required from time to time by the City; and, THIS AGREEMENT made this / day of in the year two thousand , BY AND BETWEEN THE CITY OF MIAM FLORIDA, hereinafter called the "Owner," and PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO), hereinafter called the "Consultant," as an ENVIRONMENTAL/COASTAL ENGINEERING Consultant. The parties agree the foregoing recitals are true and correct and incorporated herein by this reference. WITNESSETH, that the Owner and the Consultant, for the considerations herein set forth, agree as follows: CIP - Contract No. K- Page 2 TABLE OF CONTENTS ARTICLE PAGE SCOPE OF THE WORK 5 1. DEFINITIONS 7 1.01 Additional Services 1.02 Basic Services 1.03 City Manager 1.04 City or Owner 1.05 Consultant 1.06 Contractor 1.07 Director of the Department of Design and Construction Management 1.08 Inspector 1.09 Notice to Proceed 1.10 Project Manager 1.11 Project 1.12 Professional Services 1.13 Term of Contract 1.14 Work Order 2. CONSULTANT SERVICES AND RESPONSIBILITIES 8 2.01 Basic 2.02 Additional Services 2.03 Reimbursables Services 3. SUBCONSULTANTS 24 3.01 Definitions 3.02 Subconsultants' Relations 4. THE OWNER'S RESPONSIBILITIES 25 4.01 4.02 4.03 Information Furnished Project Management Legal Services, Etc. 5. BASIS OF COMPENSATION 27 5.01 Professional Service Fee 5.02 Additional Service/Reimbursables Fee CIP - Contract No. K- Page 3 ARTICLE PAGE 6. PAYMENTS TO THE CONSULTANT... 31 6.01 Payment for Basic Services 6.02 Payment for Additional Services) Reimbursables Services 6.03 Deductions 6.04 Project Suspension 7 GENERAL PROVISIONS... 33 7.01 Indemnification 7.02 Insurance 7.03 Performance 7.04 Termination of Agreement 8. MISCELLANEOUS ...37 8.01 Consultant's Account Records 8.02 Ownership of Documents 8.03 Maintenance of Records 8.04 Extent of Agreement 8.05 Successors and Assigns 8.06 Truth -in- Negotiation Certificate 8.07 Applicable Law and Venue of Litigation 8.08 Consultant's Staff 8.09 Notices 8.10 Interpretation 8.11 Joint Preparation 8.12 Priority of Provisions 8.13 Mediation; Waiver of Jury Trial 8.14 Time 8.15 Compliance with Laws 8.16 ADA Compliance 8.17 No Partnership 8.18 Discretion of Director SCHEDULE 1 ... 43 EXHIBIT "A" — "E" INSTRUCTIONS 47 C1P - Contract No. K- Page 4 SCOPE OF WORK The Consultant shall provide professional ENVIRONMENTAL/COASTAL Engineering services for miscellaneous projects in the professional services category for which the consultant was selected under the City's Request for Qualifications (RFQ) No. 02-03- 163 in accordance with Section 287.055 Florida Statutes, as amended, Consultants "Competitive Negotiations Act (CCNA). Environmental/Coastal Engineering services are broad in service type and range in scope from complete engineering designs for construction to environmental reports, testing and permitting. When a specific project has been determined, the Department of Capital Improvements (CIP) Director or his/her authorized designee will request in writing, a Professional Services Proposal from the Consultant based on the proposed scope of work. The Consultant and CIP and other City staff shall have preliminary meetings to further define the scope of work and to resolve any questions regarding the project. The Consultant shall then prepare a written "Professional Services Proposal" generally following the City's standard guidelines indicating the proposed scope of services, time of performance, proposed fees, subconsultants, deliverable construction documents, reports, tests, and estimated costs. The Consultant's Professional Services Proposal shall be negotiated until an agreement is reached. (If agreement cannot be reached, the City may terminate negotiations and may request a professional services proposal from another qualified consultant in the same or other qualified professional services category.) When an agreement is reached, the Consultant shall prepare a revised Professional Services Proposal which will become Exhibit "A" to a formal Work Order issued by the Department of Capital Improvements. The Work Order shall first be executed by the Consultant as "Accepted and Approved." The Work Order is then approved by the CIP Director, the City's Risk Management Administrator and the City Attorney. When the Work Order is fully executed, a Purchase Order will be issued, and a written "Notice to Proceed" will be issued by the CIP Director and/or his/her designee. The Consultant shall furnish one or more of the following ENVIRONMENTAL/COASTAL Engineering Services as specifically authorized by a Work Order issued by the Director of the Department of Capital Improvement Projects. The services may include but are not limited to planning, investigations, feasibility studies, cost estimates, environmental testing and reports, partial or complete design services, including preparation of bid and/or construction documents, construction contract administration, and other miscellaneous ENVIRONMENTAUCOASTAL engineering services that may be required. The City Manager or the Director of the Department of Capital Improvement Projects may issue a Work Order to encompass entire Basic Services (as defined in Section 2.01) for a full service project, or for Basic Services, or for specific testing, investigations, assessments, reports and environmental permitting tasks. CIP - Contract No. K- Page 5 It is understood that the Work Order and Notice to Proceed will be issued under this Agreement at the sole discretion of the City Manager or Director of the Department of Capital Improvement Projects and that the Consultant has no expectation, entitlement, right to or privilege to receive a Work Order and Notice to Proceed for any project or task. The Owner reserves at all times the right to perform any and all architectural, and/or engineering services in-house, or with other private professional architects or engineers as provided by Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or tasks or to exercise every other choice allowed by law. This Agreement does not confer on the Consultant any particular, exclusive or special rights to the City of Miami, Florida, Work. The Consultant may submit proposals for any professional services which the Consultant is qualified to perform, if and when proposals are publicly solicited by the Owner outside this Agreement. The Owner will pay the Consultant a separate stipulated lump sum or percentage fee or hourly rate fees for each Work Order issued. The fees for Professional Services for each Work Order shall be determined by one of the following three methods or a combination thereof, as mutually agreed upon by the Director of the Department of Capital Improvement Projects and the Consultant. (1) A Lump Sum (See Section 5.01A). (2) A Percentage of Construction Cost, as defined in Section 5.01 B (3) Hourly Rate, as defined and at the rates set forth in Section 5.01 C. The aggregate sum of all payments for fees and costs including reimbursable expenses to the Consultant under this Agreement shall be limited to total cumulative expenditures by the City of up to $500,000 which is a guaranteed maximum price ("GMP") under this Agreement. The City shall not be liable for any item of cost, fee, expense, charge , or expenditure exceeding the GMP. This is the cumulative total guaranteed maximum for all expenditures related to the Consultant, including, without limitation, fees and reimbursables, pursuant to this Agreement, as it may be amended. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by Consultant beyond the cumulative total guaranteed maximum provided herein, unless the City Commission approves an increase in the contract. The Director of the Department of Capital Improvement Projects or his/her authorized designee will confer with the Consultant before any Work Order and Notice to Proceed is issued to discuss the scope of the Work, the time to complete the Work and the fee for services rendered in connection with the Work. No payment will be made for the Consultant's time or services in connection with the preparation of any such proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed and Purchase Order. CIP - Contract No. K- Page 6 ARTICLE 1 DEFINITIONS 1.01 ADDITIONAL SERVICES: Those ENVIRONMENTAL/COASTAL engineering services beyond the Scope of Basic Services defined in Section 2.02 1.02 BASIC SERVICES: Those architectural/engineering services defined in Section 2.01. 1.03 CITY MANAGER: The duly appointed chief executive officer of the City of Miami. 1.04 CITY OR OWNER: The City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the Owner of the project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to City as a party to this contract. The City of Miami may be referred to herein as "City" or "Owner." 1.05 CONSULTANT: The individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects and/or engineers, which has entered into the agreement to provide professional services to the Owner. 1.06 CONTRACTOR: An individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the Owner for construction of City of Miami, Florida, facilities and incidentals thereto. 1.07 DIRECTOR OF THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS: The Director of the Department of Capital Improvement Projects of the City of Miami, Florida, having the authority and responsibility for management of the specific projects authorized under this Agreement. 1.08 INSPECTOR: An employee of the City of Miami, Florida, assigned by the Director of the Department of Capital Improvement Projects to make observations of Work performed by a Contractor. 1.09 NOTICE TO PROCEED: A written letter or directive issued by the Director of Capital Improvements Projects or his/her designee to the Consultant authorizing the start of professional services under the executed Work Order; is issued after approval of the City's Risk Management and City Attorney. CIP - Contract No. K- Page 7 1.10 PROJECT MANAGER: An employee of the Owner assigned by the Director of the Department of Capital Improvement Projects to manage and monitor the Work to be performed under this Agreement and the construction of a project as a direct representative of the Owner. 1.11 PROJECT: The construction, alteration or repair, and all services and incidentals thereto, of a City of Miami, Florida facility as contemplated and budgeted by the Owner. 1.12 PROFESSIONAL SERVICES: Those services within the scope of the practice of architecture, professional engineering, Iandscape architecture, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, Iandscape architect, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as ENVIRONMENTAL/COASTAL engineering services or other professional services, as applicable, which are within this definition. 1.13 TERM OF CONTRACT: The Term of the Contract for miscellaneous projects shall be for two (2) years with an option to renew (OTR) for an additional one (1) year period or until projects underway are completed. 1.14 WORK ORDER: A written document issued by the City to the Consultant authorizing the performance of specific professional services, and stating the Scope of Work, time for completion, and the amount of fee authorized for such services. CIP - Contract No. K- Page 8 ARTICLE 2 CONSULTANT SERVICES AND RESPONSIBILITIES 2.01 BASIC SERVICES: The full range of Basic Services is applicable in its entirety only to Projects for which full Basic Services are authorized. ENVIRONMENTAL/COASTAL Engineering Services for smaller projects, environmental testing reports and permitting will have fewer phases and/or Tess submittals for the required services as indicated in the Work Order. For full -service projects, the Consultant agrees to provide complete professional ENVIRONMENTAUCOASTAL engineering services set forth in the five phases enumerated hereinafter and in accordance with the Florida Building Code and the City of Miami, Florida, Code of Ordinances; including all other services normally required for a project of specific type, unless modified by a specific requirements in the Work Order, hereinafter collectively called "Basic Services," as follows: 2.01A Phase I - Programming and Schematic Design: 1) The Consultant shall confer with representatives of the Director of the Department of Capital Improvement Projects to establish the Program, consisting of a detailed listing of all functions and spaces together with the square footage of each assignable space, gross square footage, and a description of the relationships between and among the principal programmatic elements. If the project needs are so unique that a special analysis of the requirements is necessary to establish a more detailed program, such services may be authorized as Additional Services. 2) The Consultant shall prepare and present for approval by the Owner, a Design Concept and Schematics Report, comprising the Schematic Design Studies, including an identification of any special requirement affecting the Project, a Project Development Schedule and a Statement of Probable Construction Cost, as defined below: a. The Schematic Design Studies shall consist of a site plan, floor plans, elevations, sections, etc. as required by the Project Manager and shall show the scale and relationship of the parts and the design concept of the whole. Floor plans may be single- CIP - Contract No. K- Page 9 line diagrams; door and window locations are not required. A simple perspective rendering or sketch, model, or photograph thereof may be provided to further show the design concept. b. The Project Development Schedule shall show the proposed completion date of each Phase of the Project through design, bidding, construction, and the proposed date of occupancy by Owner. c. The Statement of Probable Construction Cost shall include a summary of the estimated cost of the building(s) and/or other work including fixed equipment, construction contingency allowance, escalation factors adjusted to the estimated bid date, movable equipment (if any), allowances or contingencies (if any), utility services and extensions (if applicable), a brief description of the basis for estimated costs (similar projects) with square foot costs adjusted to bid date, a preliminary evaluation of the program and the allocated construction funds in terms of each component of the work. 3) The Consultant shall submit three copies of all documents required under this Phase, without additional charge, for approval by the Owner, and the Consultant shall not proceed with the next Phase until the documents have been approved, in writing, by the Owner, and an Authorization to Proceed with the next phase has been issued. 2.0113 Phase II - Design Development: 1) From the approved Schematic Design documents, the Consultant shall prepare and present, for approval by Owner, Design Development Documents, comprising the drawings, outline specifications, and other documents to delineate and describe the character of the entire Project as to ENVIRONMENTAL/COASTAL systems and other items incidental thereto, and as required by the Project Manager. Staff from each of the major technical disciplines shall attend the presentation to explain the design concept of their systems. 2) At this presentation, the Consultant shall also submit an Updated Statement of Probable Construction Cost. If the Updated Statement of Probable Construction Cost exceeds the construction budget amount, appropriate cost or scope reduction recommendations must be included. CIP - Contract No. K- Page 10 3) The Consultant shall submit three sets of all Design Development documents required under this Phase, without additional charge, for approval by the Owner, and the Consultant shall not proceed with the next Phase until the Owner has in writing approved the documents. 2.01 C Phase III - Construction Documents Development: From the approved Design Development Documents, the Consultant shall prepare for written approval by Owner, "Final Construction Documents" setting forth in detail the requirements for the construction of the Project. The Consultant is responsible for full compliance of the design and the Construction Documents with all applicable codes. 1) 50% Construction Documents Submittal: The Consultant shall make a 50% Construction Documents submittal, for approval by the Owner, which shall include: a. Three sets of prints of all drawings, and specifications. b. A complete index of every drawing sheet, to become part of the Construction Documents, and the Consultant's evaluation of the individual percentage of completion of each sheet. c, The Consultant shall, in the preparation of the Specifications, use CSI Standards, including the 16- Division and 3-part Section format developed and recommended by the Construction Specifications institute. The 50% construction specification documents submittal shall include sections of Divisions "0" and "1" and all of the technical specification sections, each of which shall be between 50% and 100% complete. Outline specifications as submitted during the Design Development phase are not acceptable for this phase. d. An Updated Statement of Probable Construction Cost, as indicated by time factor, changes in CIP - Contract No, K- Page 11 CIP - Contract No. K- requirements, or general market conditions, and an updated Project Development Schedule. Authorization to Proceed with the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the Total Authorized Construction Budget, unless the Owner increases the Total Authorized Construction Budget or the Consultant and the Owner agree on methods of cost reduction sufficient to enable construction within the funds available. Any increase or reduction in the Construction Budget shall be agreed upon IN WRITING by the duly authorized signatories of the respective parties. e. The Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items to permit the Owner to award a Construction Contract within the limits of the budgeted amount. The Consultant shall not proceed with further development until written approval of the 50% documents is received from the Owner. The Consultant shall make all changes to the documents and resolve all questions related to the 50% documents. The 50% complete revised Construction Documents shall be Check Set and shall be returned to the Owner for final approval. The Consultant shall work closely with the Owner in the preparation of the Proposal and shall prepare the Supplementary General Conditions for those conditions unique to this specific project. 100% Construction Documents Submittal: a. Upon 100% completion of the Construction Documents, the Consultant shall submit to the Owner three copies of the Drawings, Specifications as Check Sets, together with a final, updated Statement of Probable Construction Cost or, when previously authorized as a reimbursable expense, a Detailed Construction Estimate of Costs may be prepared by a Construction Cost Consultant. Page 12 b. The Consultant shall make al! required changes or additions and resolve all questions related to the 100% documents. A revised 100% complete Check Set shall be returned to the Owner. Upon final approval by the Owner, the Consultant shall furnish one printed copy of all Drawings and Specifications, along with a reproducible set and an electronic copy to the Owner without additional charge. c. The Consultant shall assist the Owner in filing the required documents for approval by ALL governmental authorities having jurisdiction over the Project. The Consultant shall submit the 100% Construction Plans for building permits, utility permits (water & sewer), including Environmental and Health Dept. approval (if necessary), zoning approvals to the appropriate government agencies for construction permitting. The Consultant shall revise the plans as necessary for permitting and construction. These revisions shall be made before the plans are issued for bidding. The Consultant shall prepare addendums and/or revised plans if necessary revisions occur during the bidding period. The Consultant shall make the original documents or reproducible copies thereof available to the Owner for reproduction of additional copies as may be required for bidding and/or construction purposes. 2.01D Phase IV - Bidding and Award of Contract: 1) Bid Documents Approvals and Printing: Upon obtaining all necessary approvals of the Construction Documents, and approval by the Owner of the latest Statement of Probable Construction Cost, the Consultant shall assist the Owner in obtaining/evaluating bids and awarding construction contracts. The Owner may have the drawings and specifications printed for bidding purposes, either through its open agreements with printing firms or as a reimbursable cost through the Consultant. CIP - Contract No. K- Page 13 CIP - Contract No. K- 2) Issuance of Bid Documents, Addenda and bid opening: a. The Owner shall issue the Bid Documents to prospective bidders and keep a complete "List of Bidders". The Advertisement for Bids will instruct the bidders to pick up the Bid Documents at the Office of the Department of Capital Improvement Projects. b. The Consultant shall prepare addenda, if any are required, for the Owner to issue to all prospective bidders. No addendum shall be issued without the Owner's approval. c. The Consultant shall be present at the bid opening, with the Owner's staff. 3) If the lowest responsive, responsible Base Bid received exceeds the Total Authorized Design Value, the Owner may: a. approve the increase in Project cost and award a contract, or b. reject all bids and rebid the Project within a reasonable time with no change in the Project, or c. reject all bids and direct the Consultant to revise the Project scope or quality, or both, as approved by the Owner, and rebid the Project, or d. suspend, cancel or abandon the Project. NOTE: Under item (3)c. above the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. The providing of such service shall be the limit of the Consultant's responsibility in this regard, and having done so, the Consultant shall be compensated in accordance with this Agreement providing that there will be no additional compensation for a modification under (3)c. The Owner may recognize exceptional construction market cost fluctuations before exercising option (3)c. above. Page 14 It is agreed that any "Statement Statement of Probable Construction Cost" or Detailed Cost prepared by the Consultant represents a reasonable estimate of cost in the Consultant's best judgment as a professional familiar with the local construction industry, and that neither the Consultant nor the Owner, has any control over the cost of labor, materials, and equipment, bidders' methods of determining bid prices, competitive bidding, or market conditions. Therefore, the Consultant cannot and does not guarantee that bids will not vary from the final Statement of Probable Construction Cost or Detailed Cost Estimate prepared by the Consultant. If the Latest Statement of Probable Construction Cost exceeds the budgeted amount, the Consultant shall review the materials, equipment, component systems and types of construction included in the Contract Documents and shall recommend changes in such items and/or reasonable adjustments in the scope of the Project (to be made at no additional cost to the Owner) that will result in bids within the available funds. Evaluations of the Owner's Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the Consultant represent the Consultant's best judgment as a design professional familiar with the construction industry. Prior to authorizing the Consultant to proceed with preparation of the Final Design, the Owner may establish and communicate to the Consultant a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the Owner has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the Owner, the estimate of the cost of construction may be adjusted. The Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the Consultant. Notwithstanding anything above to the contrary, the Owner may require the Consultant to revise and modify Construction Documents and assist in the re -bidding of the Work at no additional cost or fee to the Owner if all responsive and responsible bids received exceed the Maximum Cost Limit. CIP - Contract No. K- Page 15 2.01E Phase V - Administration of the Construction Contract: 1) The Construction Phase will begin with the award of the Construction Contract and will end when the Owner approves the Contractor's final Payment Certificate and all post construction documents, As -Built Surveys, warrantees and guarantees have been delivered to the Owner. During this period, the Consultant shall provide Administration with the Construction Contract as set forth in the General and Supplementary Conditions of the Construction Contract. 2) The Consultant, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and shall have authority to act on behalf of the Owner to the extent provided in the General Conditions and the Supplementary Conditions of the Construction Contract. The Consultant shall in a timely manner, review and approve shop drawings, samples, submittals, test reports and related documents required by the contract documents. 3) The Consultant shall visit the site at least weekly, and at all key construction events, and the Consultant's respective Subconsultants shall visit the site weekly, to ascertain the progress of the Project and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the Consultant shall endeavor to guard the Owner against defects and deficiencies in the Work. The Consultant will not be required to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant shall carefully review and approve the Contractor's applications for payment before they are submitted to the City for payment. The Consultant's representative shall attend the monthly site requisition meetings. The Consultant will not be held responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor will the Consultant be held responsible for the Contractor's or Subcontractors', or any of their agents' or employees', failure to perform the Work in accordance with the Contract Documents. CIP - Contract No, K- Page 16 4) The Consultant shall furnish the Owner with a written report of all observations of the Work made by the Consultant and the Subconsultants during each visit to the Project. The Consultant shall also note the general status and progress of the Work on forms furnished by the Owner, and submits them in a timely manner. The Consultant shall review the Contractor's construction schedules and if necessary, have the schedules updated on a monthly as work progresses. The Consultant and the Subconsultants shall ascertain that the Contractor is making timely, accurate, and complete notations on the "as -built" drawings. 5) Based on observations at the site and consultation with the Project Manager, the Consultant shall determine the amount due the Contractor on account and shall recommend approval of such amount. This recommendation shall constitute a representation by the Consultant to the Owner that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents subject to: a. An evaluation of the Work for conformance with the Contract Documents, b. the results of any subsequent tests required by the Contract Documents, c. minor deviations from the Contract Documents correctable prior to completion, and d. any specific qualifications stated in the Payment Certificate and 'further that the Contractor is entitled to payment in the amount agreed upon at the requisition site meeting. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used the money paid on account of the Construction Contract Sum. 6) The Consultant shall be an interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written decisions, within a Cl P - Contract No. K- Page 17 reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 7) Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. In the capacity of interpreter, the Consultant shall endeavor to secure faithful performance by both the Owner and the Contractor, and shall not show partiality to either. 8) The Consultant shall have authority to recommend rejection of Work which does not conform to the Contract Documents. Whenever, in the Consultant's reasonable opinion, it is necessary or advisable to insure compliance with the Contract Documents, the Consultant will have authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and delivered to the Project, or installed and completed. The Consultant and subconsultants shall provide such normal civil, structural, mechanical, electrical, landscape or other related inspection expertise as necessary to determine compliance with the Construction Contract. 9) The Consultant shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Major changes or substitutions to the Contract Documents shall not be authorized without concurrence of the Owner's Project Manager and/or Director of Capital Improvements. 10) The Consultant shall initiate Change Orders for the Owner's approval as required by the Consultant's observations, or requested by the Owner; and review and recommend action on proposed Change Orders initiated by others within the scope of the Project. CIP - Contract No. K- Page 18 11) The Consultant shall examine the Work upon receipt of the Contractor's Request of Substantial Completion Inspection of the Project and shall, prior to occupancy by the Owner, recommend execution of a Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially completed in accordance with the contract requirements. A punch list of any defects and discrepancies in the Work required to be corrected by the Contractor shall be prepared by the Consultant and the Sub -consultants, in conjunction with representatives of the Owner. Satisfactory completion of the Punchlist shall be obtained before the Consultant recommends execution of a Certificate of Final Acceptance and final payment to the Contractor. The Consultant shall obtain from the Contractor all required guarantees, operating and maintenance manuals for equipment, releases of liens and such other documents and certificates as may be required by applicable codes, laws, and the specifications, and deliver them to the Owner before Final Acceptance. 12) The Consultant shall provide assistance in obtaining the Contractor's compliance with the Contract Documents relative to 1) initial instruction of Owner's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project. 13) The Consultant shall furnish to the Owner, the original drawings, revised to "as -built" conditions based on information furnished by the Contractor; such "As -Built" drawings and surveys shall become the property of the Owner. 2.02 ADDITIONAL SERVICES: 2.02A Additional Services as listed below are normally considered to be beyond the scope of the Basic Services as defined in this Agreement. Additional services shall be authorized by prior written authorization executed by the City Manager or the Director, and will be compensated for as provided under Section 5.02. CIP - Contract No. K- Page 19 Additional Services shall include but are not limited to the following: 1) Special analyses of the Owner's needs, and special detailed programming requirements for a project. 2) Financial feasibility, life cycle costing or other special studies. 3) Planning surveys, soil tests, environmental investigations, site evaluations, or comparative studies of prospective sites. 4) Design services relative to future facilities, systems and equipment which are not intended to be constructed as part of a specific project. 5) Providing services to investigate existing conditions of facilities or to make measured drawings thereof, after the Consultant has expended an amount of time deemed to be the normal requirement for renovation and alteration projects. For the purposes of this Agreement, this amount of time shall be that equal to .3 of 1 % of the Estimated Construction Cost. The Consultant will be required to verify this expenditure, in writing, in accordance with Article 6. 6) Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a project. 7) Interior design services required for or in connection with the selection of furniture or furnishings, except, all equipment, materials, supplies and related items included in the Construction Contract. 8) Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by the Owner. 9) Any additional special professional services (other than normal ENVIRONMENTAL/COASTAL engineering services) as may be required for a project, such as: acoustical, food service, and/or theatrical consulting, art in public places (artists & sculptors), special computer and electronic systems and security systems. 10) The services of one or more full-time, on site Project Field Representatives during construction. CIP - Contract No. K- Page 20 11) Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of Owner's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, subcontractor, or equipment manufacturer. 12) Consultation concerning replacement of any Work damaged or built inconsistently with the Contract Drawings, providing the cause is found by the Owner to be other than by fault of the Contractor, the Consultant or the Consultant's agents. 13) Making major revisions changing the scope of a project, to drawings and specifications, when such revisions are inconsistent with written approvals or instructions previously given by the Owner and are due to causes beyond the control of the Consultant. (Major revisions are defined as those changing the scope and arrangement of spaces and/or scheme and/or any significant portion thereof.) 14) Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding, providing, however, that the Consultant cannot testify against the City in any proceeding during the course of this Agreement. 15) Preparing supporting data, Drawings, and Specifications as may be required for Change Orders affecting the scope of a project, provided the change in the Consultant's Basic Compensation resulting from the adjusted Contract Sum does not fully compensate for such services. 16) Preparation of deductive changes orders, and/or preparation of additive change orders, which are not incorporated in the Work. 17) Preparing an energy efficiency study and a life cycle cost analysis which shall be submitted to the Owner for approval. 18) Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted ENVIRONMENTAUCOASTAL engineering practice related to construction. CIP - Contract No. K- Page 21 19) Upon the request of the Owner for a project rendering and upon written authorization by the Director of the Department of Capital Improvement Programs, the Consultant shall submit several simple studies of proposed perspective drawings for the Project, indicating suggestions for angles of view and general composition of a rendering. Upon approval of a perspective format, the Consultant shall execute and submit one 20' x of Otheframed Project and andglassed three perspective rendering in color smaller 10" x 15" framed photographic Th sgwilplhbecco sideredoasr as an requested by the Owner. additional service, to be compensated on a mutually agreeable basis in accordance with this Agreement. 2.03 REIMBURSABLES: 2.3.1 Reimbursables are those items authorizedobfY�c actualhe wner in expendituresexpenditureslm de by to the Basic and Additional Services and consist the Consultant and the Consultants' employees, f t ees, ubk f on r tretaf ts, and Special Subconsultants in the interest ing purposes a) Identifiable transportation expenses n112 Q61 connection Florida Stattesecat$ subject to the limitations of Section amended, Transportation expenses to locations outside the Dade- Broward-Palm Beach County area or from locations outside the Dade-Broward-Palm Beach County area will not be reimbursed unless specifically pre -authorized in writing by the Project Manager. Such pre -authorization will be subject to the limitations of Section 112.061, Florida Statutes, as amended. b) Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes. ill note is s for class C travel inside Dade or Broward County reimbursed. Meals and lodging expenseswill ofbe fromburs oned for or temporarily relocating Consultant's Consultant's offices to another office if the employee is relocated for more than ten (10) consecutive Working days. Lodging will be e reimbursed only for room rates equivalent to Holiday Inn, How Johnson or Ramada Inn. Governmental Beach County. Page CIP - Contract No. K- c) Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between the Consultant's various permanent offices. The Consultant's field office at the Project site is not considered a permanent office. d) Cost of printing, reproduction or photography, which is required by or of Consultant to deliver services, set forth in this Agreement. e) Identifiable testing costs, special reports and recommendations approved by Project Manager. f) All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. g) Reimbursable sub -consultant expenses are limited to the items described above when the sub -consultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Section 2.03 herein. h) Site surveys, special purpose surveys, and/or "As -built surveys when authorized by the Project Manager. i) Information items indicated in Section 4.01 when authorized by the Project Manager. CIP - Contract No. K- Page 23 ARTICLE 3 SUB -CONSULTANTS 3.01 DEFINITIONS: 3.01A A Sub -consultant is a person or organization of properly registered professional architects and/or engineers, who has entered into a written agreement with the Consultant to furnish professional services for a project or task, described under Basic Services in Section 2.01 herein. 3.01 B A Special Sub -consultant is a person or organization that has entered into a written agreement with the Consultant to furnish professional services for a project or task described under Additional Services. 3.02 SUB -CONSULTANTS' RELATIONS: 3.02A All services provided by the Subconsultants shall be pursuant to appropriate written agreements between the Consultant and the Sub - consultants, which shall contain provisions that preserve and protect the rights of the Owner and the Consultant under this Agreement. 3.02B Nothing contained in this Agreement shall create any contractual or business relationship between the Owner and the Subconsultants. The Consultant acknowledges that Subconsultants are entirely under his direction, control, supervision, retention and/or discharge. 3.02C If the Consultant has an obligation to use specific Subconsultants, please indicate below: FIRM NAME CONSULTING SERVICE CIP - Contract No. K- Page 24 The Consultant shall not change any Sub -consultant without prior written approval by the Director of the Department of Capital Improvement Projects, in response to a written request from the Consultant stating the reasons for any proposed substitution. Such approval shall not be unreasonably withheld, conditioned, or delayed by the Director. ARTICLE 4 THE OWNER'S RESPONSIBILITIES 4.01 INFORMATION FURNISHED: The Owner, at its expense and insofar as performance under this Agreement may require, shall furnish the Consultant with the following information, or may authorize the Consultant to provide the information, as an Additional Reimbursable Service: 4.01A Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures and/or trees, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and such existing utilities information as it has relative to sewer, water, gas and electrical services. 4.01 B Soil borings or test pits; chemical, mechanical, when deemed necessary; also, if required, an interpretation thereof and recommendations. recommend necessary tests to the Owner. 4.01C Information regarding Project Budget, City guidelines, forms, formats, and assistance program as per Section 2.0IA. 4.01 D Drawings representing as -built conditions at the time of original construction will be furnished to the Consultant; however, they are not warranted to represent conditions as of this date. The Consultant must perform field investigations as necessary in accordance with Article 2.02A (5) to obtain sufficient information to perform his services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. structural, or other tests appropriate professional The Consultant shall and State procedures, required establishing a CIP - Contract No. K- Page 25 4.01E The services, information, surveys and reports required by Paragraphs 4.01A through 4.01C, inclusive, shall be furnished at the Owner's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided the Consultant reviews all of the information provided by the Owner (such as surveys & soil borings) to determine if additional information and/or testing is required to properly design the project. 4.01 F The Owner shall furnish the above information or authorize the Consultant to provide it at cost as a reimbursable expense and as expeditiously as possible for the orderly progress of a project development. 4.02 PROJECT MANAGEMENT: 4.02A The Director of the Department of Capital Improvement Projects shall act on behalf of the Owner in all matters pertaining to this Agreement. The Department of Capital Improvement Programs shall issue all Authorizations to Proceed to the Consultant. The Director of the Department of Capital Improvement Programs and/or his designee shall approve all invoices for payment to the Consultant. 4.02B The Department of Capital Improvement Projects shall act as liaison between the Consultant and Owner. The Director of the Department of Capital Improvement Projects shall designate a Project Manager from the Department of Capital Improvement Projects staff to have general responsibility for management of a project or task through all phases. The Project Manager shall meet with the Consultant at periodic intervals throughout the preparation of the Contract Documents to assess the progress of the Work in accordance with approved schedules. The Project Manager shall also examine documents submitted by the Consultant, including invoices, and shall promptly render decisions and/or recommendations pertaining thereto, to avoid unreasonable delay in the progress of the Consultant's work. 4.02C During the construction phase, the Consultant and the Department of Capital Improvement Projects staff shall assume the responsibilities described in the General Conditions and Supplementary Conditions of the Construction Contract. 4.02D If the Owner observes or otherwise becomes aware of any fault or defective Work in a project, or other nonconformance with the Contract Documents during the construction phases, the Owner shall give prompt notice thereof to the Consultant. CIP - Contract No. K- Page 26 4.03 LEGAL SERVICES, ETC. 4.03A The Owner shall furnish any available legal, accounting, insurance counseling, and auditing services that the Consultant may require to ascertain how or for what purposes a Contractor has used the money paid to the Contractor under a Construction Contract, as may be required by the Owner. ARTICLE 5 BASIS OF COMPENSATION 5.01 PROFESSIONAL SERVICE FEES: The Owner agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined under Sections 5.01A, 5.01 B, and 5.01 C as applicable, in the following manner: 5.01A Lump Sum: 1) The fee for a task or project may, at the option of the Owner, be a Fixed Sum as mutually agreed upon in writing by the Owner and the Consultant and stated in an Authorization to Proceed and/or the Work Order. 2) If a Fixed Sum is agreed upon as the "Basic Fee" for a project, payments to the Consultant on account of the fee shall be made on a percentage of the Basic Fee according to the Phase of the Work as indicated under Section 6.01. 3) If the Owner authorizes an increase or decrease in the scope of the project or the Total Authorized budget based on the budget estimate of probable cost of the project, the Basic Fee will be adjusted as mutually agreed upon by amending the Work Order. It is understood that with Lump Sum Compensation, the Consultant shall perform all services for total compensation in the amount stated above. The City shall have no obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum Compensation amount stipulated. CIP - Contract No. K- Page 27 5.01 B Percentage of Construction Cost: A percentage fee based on the Total Authorized Design Value of a project said percentage being hereinafter called the 'Basic Fee," as mutually agreed upon in writing by the Owner and the Consultant and stated in an Authorization to Proceed. If the Owner authorizes an increase or decrease in the scope of the Project or the Total Authorized Design Value of the Project, the Basic Fee will be adjusted as mutually agreed upon or on an hourly basis in accordance with Schedule 1. 1) Fee Computation: a. The Total Authorized Design Value shall be used and identified on the Authorization to Proceed as the basis for establishing the fee for Phases 1, II, III, IV and V of Basic Services. b. If the actual construction cost is significantly increased during the construction phase, the "Actual Construction Cost" may be used as the basis for adjusting the fee for Phase V of Basic Services. The term "Actual Construction Cost" does not include any compensation of the Consultant, the cost of the land, rights -of -way, works of art, or other costs which are the responsibility of the Owner. 2) It is understood that with percentage compensation the Consultant shall perform all services for the stated percentage of the construction cost budgeted when the contract is signed. 5,01 C Hourly Rate 1) The fee shall be defined on an hourly rate as shown in Schedule 1. 2) The following Principals will be employed on this project: Alexander A. Hockman, PE, President Steven E. Black, PE, Region Vice President CIP - Contract No. K- Page 28 3) Personnel directly engaged on a project by the Consultant may include architects, engineers, designers, job captains, draftsmen, specifications writers, and CADD operators engaged in design and production of drawings, specifications and related documents, construction inspection, and other services pertinent to a project during all phases thereof. 4) Any authorized reimbursable services fee shall not include charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. The Consultant shall submit paid invoices or documentation approved by the Project Manager for all reimbursable requests. For all reimbursable services the Consultant will apply the multiplier of one- {1.0) times the amount expended by the Consultant. Owner authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Service. 5) Should overtime work be necessary, and authorized in advance by the Director of the Department of Capital Improvement Projects, the compensation for such work shall be approved by the Director and stated in an Authorization to Proceed. 6) It is understood that with an hourly rate fee, the fees will not exceed the hourly salary rate shown on Schedule I and all services shall be performed on that basis. 5.01 D Fee for Additive Alternates: The design of additive and deductive alternates authorized by the Director of the Department of Capital Improvement Programs will be considered a Basic Service. The fees for alternates that are beyond the original Scope of Work and construction budget will be calculated by one of the three methods outlined above, as mutually agreed by the Director of the Department of Capita! Improvement Projects and the Consultant. CIP - Contract No. K- Page 29 5.02 ADDITIONAL SERVICES REIMBURSABLES FEE: The Consultant may be authorized to perform Additional Services for which Reimbursable costs, as defined by this agreement, and as described under Sections 2.02 and 2.03 respectively. The fee for such services will be computed by one of the following methods: a) Mutually agreeable Fixed Sum. b) Percentage of Construction Cost in accordance with Section 5.OIA. c) Hourly Rate in accordance with Section 5.01 C. An independent and detailed Authorization to Proceed shall be required to be issued and signed by the Director for each additional service requested by the City. The Authorization to Proceed will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami Purchasing Ordinance, the Consultant's Competitive Negotiation Act, and other applicable laws. The Owner will reimburse the Consultant for authorized Reimbursable Services pursuant to the limitations of this Agreement as verified by appropriate bills, invoices or statements. 5.03 Absent an amendment to the agreement any maximum amounts stated for compensation, or percentage amounts of compensation, shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at Consultant's own cost and expense. CIP - Contract No. K- Page 30 ARTICLE 6 PAYMENTS TO THE CONSULTANT 6.01 PAYMENT FOR BASIC SERVICES: Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. Said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. The "Basic Services" standard fee breakdown is as follows: Phase I Programming and Schematic Design 15% Phase II Design Development 20% Phase III Construction Document Development 40% Phase IV Bidding and Award of Contract 5% Phase V Construction Contract Administration 20% TOTAL FEE 100% During Phase V, partial payments may be made on a regular monthly basis based on the construction time and punchlist period *min. 1 month) or in accordance to the percentage amount paid on account of the Construction Contract. If the Construction Contract Time is extended through no fault of the Consultant, the Consultant may be compensated for any required professional services and for expenses not otherwise compensated for in connection with such time extensions, in accordance with Section 5.01C and Schedule 1, and as authorized by the Director or his/her authorized representative. 6.02 PAYMENT FOR ADDITIONAL/REIMBURSABLE SERVICES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized as an hourly rate, the Consultant shall submit for approval by the Director of Department of Capital Improvement Projects, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. CIP - Contract No. K- Page 31 6.03 DEDUCTIONS: No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. 6.04 PROJECT SUSPENSION: If a project is suspended for the convenience of the Owner for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services authorized by an Authorization to Proceed which were performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due and all appropriate and applicable terminal expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. CIP - Contract No. K- Page 32 ARTICLE 7 GENERAL PROVISIONS 7.01 INDEMNIFICATION The Consultant shall hold harmless, indemnify and defend the Owner, its officials and employees harmless from any and all claims, losses and causes of actions which may arise out of the performance of this Agreement as a result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of the Consultant or the Sub -consultants. The Consultant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all project related suits, in the name of the Owner when applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attorney's fees, and judgments which may issue thereon. The Consultant's obligation under this paragraph shall not be limited in any way by the agreed upon contract price, or the Consultant's limit of, or lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligence, act, omission, recklessness or intentional wrongful conduct of the Consultants, it's agents, servants, or representatives. Owner and Consultant acknowledge that the conditions of any construction contract shall include language, satisfactory to the Owner's attorney, in which the contractor agrees to hold harmless, indemnify and to defend Owner, its agents, its officials and employees from all suits and actions, including attorney's fees, and all costs of litigation, and/or appeals and judgments of any name and description arising out of or incidental to the performance of the construction contract or Work performed thereunder. With respect to and in consideration for the indemnification provided by Consultant in paragraphs 7.01 above, Owner agrees to pay to Consultant the sum of $25.00 as separate and independent consideration, the sufficiency and receipt of which is acknowledged by the Consultant. The provisions of this section shall survive the expiration or earlier termination of this Agreement. This indemnification shall be construed to comply with the provisions of §725.08, Fla. Statutes, as amended, and other applicable laws. CIP - Contract No. K- Page 33 7.02 INSURANCE The Consultant shall not start Work under this Agreement until the Consultant has obtained all insurance required hereunder and the Owner's Risk Manager has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the Owner may cancel this Agreement or at its sole discretion, shall be authorized to purchase such coverage and charge the Consultant for such coverage purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage shall in no way be construed to be a waiver of its rights under this Agreement. 7.02A INSURANCE REQUIRED All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Owner's Risk Manager. All companies shall have a Florida resident agent and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition. The Consultant shall furnish certificates of insurance to the Risk Management Director for review and approval prior to the execution of this agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to the consultant. No failure to renew, material change or cancellation of, the insurance shall be effective without a 30-day prior written notice to and approval by the Owner. 1) Comprehensive General Liability and Automobile Liability Coverage shall have minimum limits of $1,000,000 per Occurrence, Combined single Limit Bodily Injury Liability and Property Damage Liability. General Aggregated Limit shall have a minimum limit of $2,000,000. This shall include Premises and Operations, Independent Contractors, Products and Completed Operations, Broad Form Property Damage, XCU Coverage, and Contractual Liability. Automobile coverage including hired, borrowed or non -owned autos, limits of Liability, Bodily Injury, Damage Liability for any one accident $1,000,000. The City of Miami shall be named an additional insured on both of these coverages. CIP - Contract No. K- Page 34 2) Professional Liability Insurance The Consultant shall maintain Professional Liability Insurance/Errors and Omissions coverage in the minimum amount of $1,000,000 per occurrence, combined single limits, providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. Deductible shall not exceed 10%. This insurance shall be maintained for at least one year after completion of the construction and acceptance of any project covered by this Agreement. Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440 and Employee's Liability with a minimum limit of $ 500,000 each occurrence. Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 7.03 PERFORMANCE 7.03A Performance and Delegation The services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise approved by the Owner. Said approval shall not be construed as constituting an agreement between the Owner and said other person or firm. Consultant agrees, within fourteen (14) calendar days of receipt of a written request from the Owner, to promptly remove and replace any personnel employed or retained by the Consultant, or any sub -consultants or subcontractors or any personnel of any such sub -consultants or subcontractors engaged by the Consultant, to provide and perform services or Work pursuant to the requirements of this Agreement, whom the Owner shall request in writing to be removed, which request may be made by the Owner with or without cause. 7.03B Time for Performance The Consultant agrees to start all Work hereunder upon receipt of an Authorization to Proceed issued by the Director of the Department of Capital Improvement Projects and to complete each Phase within the time stipulated in the Authorization to Proceed. Time is of the essence with respect to performance of this Agreement. CIP - Contract No. K- Page 35 A reasonable extension of the time for completion of various. Phases will be granted by the Owner should there be a delay on the part of the Owner in fulfilling its part of the Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for extra compensation. 7.04 TERMINATION OF AGREEMENT 7.04A Right to Terminate The Owner has the right to terminate this Agreement for any reason or no reason, upon seven days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents related to Work authorized under this Agreement, whether finished or not, must be turned over to the Owner. The Consultant shall be paid in accordance with Section 6.04, provided that said documentation is turned over to Owners within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Consultant (until all documentation is delivered to the City). The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a statement from Consultant specifying its breach of its duties under this agreement. 7.04B Termination Due to Undisclosed Lobbyist or Agent The Architects (or registered surveyor and mapper or professional engineer, as applicable) warrant that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. CIP - Contract No. K- Page 36 ARTICLE 8 MISCELLANEOUS 8.0 MISCELLANEOUS 8.01 CONSULTANT'S ACCOUNT RECORDS The Owner reserves the right to audit the Consultant's accounts for bills submitted on Hourly Rate basis during the performance of this Agreement and for five (5) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. 8.02 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall become the property of the Owner whether the Project for which they are made is contracted or not. The Consultant shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project Failure of the Consultant to promptly deliver all such documents to the Director within seven (7) days of cancellation , or within seven (7) days of the documents being requested by the City, shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such documents. Consultant shall have no recourse from these requirements. The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others, provided the Consultant is not in default under this Agreement, except as provided in Article 7 or by agreement in writing and appropriate compensation . to the Consultant, in which case such drawings and specifications may be used. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Consultant's rights. CIP - Contract No. K- Page 37 To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without Owner's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, sub -consultants and subcontractors to comply with the provisions of this paragraph. 8.03 MAINTENANCE OF RECORDS Consultant will keep adequate records and supporting documentation, which concern or reflect its services hereunder. The records and documentation will be retained by Consultant for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however such activity shall be conducted only during normal business hours. 8.04 EXTENT OF AGREEMENT This Agreement, as it may be amended form time to time, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, written or oral, This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. 8.05 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Consultant without the written consent of the Owner, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City Commission approval. CIP - Contract No. K- Page 38 The Consultant's services are unique in nature and any transaction will allow the City to cancel this Agreement without cause. The Consultant shall have no recourse from such cancellation. The City of Miami may require bonding, other security, certified financial statements and tax returns from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form satisfactory to the City as a condition precedent to considering approval of an assignment. The Consultant and the Owner each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 8.06 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Authorization to Proceed for a project to be compensated under the Lump Sum method the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of said Authorization to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the Owner determines the project price was increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs. All such price adjustments will be made within 1 year following the end of the Project. 8.07 APPLICABLE LAW AND VENUE OF LITIGATION This agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this agreement, or arising out of this agreement, shall be brought in Miami -Dade County, Florida, Each party shall bear its own attorney's fees except in actions arising out of Consultant's duties to indemnify the City under Section 7.01 where Consultant shall pay the City's reasonable attorney's fees. 8.08 CONSULTANT'S STAFF Consultant will provide the key staff identified in their proposal for Project as long as said key staff is in Consultant's employment. Consultant will obtain prior written approval of Project Manager to change key staff. Consultant shall provide Project Manager with such information as necessary to determine the suitability of proposed new key staff. Project Manager will act reasonably in evaluating key staff qualifications. CIP Contract No. K- Page 39 8.09 If Project Manager desires to request removal of any of Consultant's staff, Project Manager shall first meet with Consultant and provide reasonable justification for said removal. 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: Joe Arriola, City Manager City of Miami, City Hall 3500 Pan American Drive Miami, FL 33133 With a copy to: AND Jorge C. Cano, Director City of Miami Department of Capital Improvement Programs (CIP) 444 S.W. 2"d Ave., - 8th FI Miami, Florida 33130 Alejandro Vilarello, City Attorney City of Miami 444 S.W. 2nd Ave., Suite 945 Miami, FI. 33130-1910 FOR CONSULTANT: Mark E. Lynch, Jr. Chief Operations Officer PROFESSIONAL ENGINEERING And INSPECTION COMPANY, INC. (PEICO) 10125 NW 116 Way — Suite 18 Miami, FL 33178 Phone: 305-236-8100 CIP - Contract No. K- Page 40 8.10 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 8.11 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City AND Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 8.12 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into..r this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 8.13 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and for construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami - Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar CIP - Contract No. K- Page 41 contract provisions with all Subconsultants and/or independent contractors and/or consultants retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. in an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 8.14 TIME Time is of the essence in this Agreement. 8.15 COMPLIANCE WITH LAWS Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this agreement. 8.16 ADA COMPLIANCE Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I & II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally the Consultant shall take affirmative steps to insure, nondiscrimination in employment of disabled persons. 8.17 NO PARTNERSHIP Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise between the parties. The Consultant has no authority to bind the City to any promise, debt, default, or undertaking of the Consultant. 8.18 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the Owner or decisions of the Owner shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. CIP - Contract No. K- Page 42 SCHEDULE I PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) In the event the Project Fee or Additional Services are to be performed on an hourly basis as per Section 5.01 C, the hourly rate shall be a multiple of 2.9 times the direct salary rate of the personnel engaged directly on the Project, said rate being $135 dollars per hour for the principals and the hourly salary rate of other personnel shall be determined from salaries reported to the Director of Internal Revenue. In no case shall the regular billing rates exceed the hourly billing rates as set for the in Schedule I below. HOURLY BILLING RATE SCHEDULE Classification Hourly Billing Rate Principal of PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) $ 135.00 per hour Project Manager $ 101.00 per hour Registered Architect/Registered Engineer $ 92.00 per hour Graduate Architect/Graduate Engineer $ 72.00 per hour Construction Manager $ 92.00 per hour Construction Inspection $ 53.00 per hour Sr. Draftsman/TechnicalUCADD Operator $ 63.00 per hour Draftsmen $ 53.00 per hour Data Processing/Clerical $ 43.00 per hour CIP - Contract No. K- Page 43 IN WITNESS WHEREOF, the City of Miami, Florida, has caused this Agreement to be executed by the undersigned and the seal of the City to be set hereto; and the said Consultant has caused this Agreement to be executed by the undersigned and the seal of the Consultant set hereto on this day and year first above written. THE CITY OF MIAMI, FLORIDA Sy: .. Joe A , City Manager THE CITY OF MIAMI, FLORIDA (SEAL) ATTEST Priscilla A. Thonipson, City ' erk APPROVED AS TO FORM AND LEGALITY APPROVED AS TO INSURANCE FOR THE USE AND RELIANCE OF THE REQUIREMENTS: CITY OF MIFLORIDA, ONLY. leja ► i ro Vilarello, City Attorney % Dania Carrillo, 0o339 CIP - Contract No. K- Risk Management Administrator Page 44 RESOLUTION ADOPTED BY BOARD OF DIRECTORS OF PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC A FLORIDA CORPORATION WHEREAS, there being a special meeting of the board of directors of Professional Engineering & Inspection Company, Inc. on January 1, 2004 held in the City of Ft. Lauderdale, State of Florida, with a quorum of the directors present, to take certain steps to transact such business as it shall deem necessary and proper. It was duly moved and seconded that the following resolution be adopted: BE IT RESOLVED that the Board of Directors of the above corporation do hereby authorize: Mark Lynch, Chief Operations Officer and their successors in office to negotiate, on terms and conditions that they may deem advisable, a contract or contracts and to execute said documents on behalf of the corporation, and further we do hereby give him/her the power and authority to do all things necessary to implement, maintain, amend or renew said document. The above resolution was passed by a majority of those present and voting in accordance with the by-laws and articles of incorporation. I certify that the above and foregoing constitutes a true and correct copy of a part of the minutes of a meeting of the Board of Directors held on the 1st day of January 2004. IN WITNESS WHEREOF, I have subscribed my name a and affixed the seal of the Corporation, this 2.0 day of APkt_L. _ `f Dickerson Wright, Chief Executive Officer r,`. rporate.: Seal • d�. WHEN THE CONSULTANT IS A CORPORATION OR PROFESSIONAL ASSOCIATION ATTEST: Secretary / V, c A6vit./e# (Corporate Seal) B Mark E. Lynch, Jr., Chief ptions Officer PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (aka PEICO) D©DvaL Z.5 Consultant's Registration No. WHEN THE CONSULTANT IS AN INDIVIDUAL OR PARTNERSHIP ATTEST: Witness: Legal name of Partnership Witness: By: Legal name (Title, if any) CIP - Contract No. K- Page 45 WHEN THE CONSULTANT IS A JOINT VENTURE Legal name of firm Legal name firm By: By: Signature Signature Legal name and title Legal name and title ATTEST Witness Witness Witness Witness CIP - Contract No. K- Page 46 INSTRUCTIONS FOR EXHIBIT "A"- "E" Attached are the Department of Capital Improvements recommended "Professional Services Proposal — Standard Guidelines" for a final mutually agreed upon Proposal from the Consultant to the City of Miami. These guidelines are intended to provide a complete understanding of the services to be provided by the Consultant for specific projects. The proposal will be an exhibit to the Professional Services Agreement (PSA) for specific projects, and an exhibit to the City's Work Order for Miscellaneous Continuing Services contracts. The Proposal will provide the Scope of Work, budget, professional fees, proposed schedule, and the proposed deliverables for the project. CIP - Contract No. K- Page 47 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES The following are recommended "Standard Guidelines" for Consultants with Professional Services Contracts with the City of Miami for Miscellaneous Projects to submit complete proposals for doing specific projects. The consultant should prepare proposal cover letter which includes the following: I. Project Name and Address. II. An Introduction and Project Background Information III. Proposed Project's Scope of Work IV. Indicate the City's Construction Budget and Schedule as follows: The Construction Budget for Project Name has been allocated by the City of Miami in the total amount of ($ ). The proposed completion time of the project is months. PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) will present an Estimated Probable Construction Cost within Budget and Schedule. The Scope of Work in the Proposal shall be as mutually agreed upon by the City of Miarni and the Consultant and per the firm's breakdown in Exhibit "A." PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) shall provide complete professional AIE services for the following phases as indicated below: Phase I. Programming Schematic Design Phase II Design Development Phase lil. Construction Documents including all permitting "Dry Runs" required by the project Phase IV Bidding and Negotiation Phase V Construction Administration The Consultant shall list the proposed Sub -Consultants and breakdown as per Exhibit "B." PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) shall provide a "Not To Exceed" fixed fee according with Compensation in the Professional Services Agreement between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) and the City of Miami. See attached "Exhibit A" (Staff Hours), "Exhibit B" (Sub - Consultants Staff Hours) and "Exhibit C" (Fee Breakdown by Phases). Estimated Reimbursable Expenses shall be indicated as per the Professional Services Agreement between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) and the City of Miami. See attached "Exhibit C" Provide Estimated Amount). CIP - Contract No. K- Page 48 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES Proposed additional Services shall be indicated as per the Professional Services Agreement between PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) and the City of Miami. See attached "Exhibit C" (indicate Additional Services fees if known). The professional services Proposal shall indicate the proposed Project Drawings and/or Deliverables. See attached "Exhibit D" (indicate list of drawings to prepare). Professional Services Proposal shall include a Project Schedule. See attached "Exhibit E." As part of the Basic Services and after the Schematic Design Phase is complete, Presentation drawings shall be included at no additional cost for the City of Miami. Also, two public Presentations shall be included as Basic Services in this Proposal. The objective of these Presentations is to show the design concept and that the most relevant design feature of the project has been conveyed. In General, the professional services Proposal shall be provided in accordance with the Professional Services Agreement with the City of Miami. END CIP - Contract No. K- Page 49 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES EXHIBIT "A" Breakdown of work effort by PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) based on total Scope of Work and (A/E) Professional Services. tal'`arnount this s CIP - Contract No. K- Page 50 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES EXHIBIT "B" Breakdown of work effort by Sub -Consultant for PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) based on total Scope of Work and Professional Services. Sub -Consultant Firm Name and Discipline 3 d f r '- z➢ � ,,:zStaff/Category' 1 1 J F 4 rpt� {..l'�r.., al �.. ,�k e zrS: Hours L� 15t ,! ll:':`� :� 1 ,,.ir.,tf d E, rkf Hourly Rate �l 1 ' 17'• rd F•a 1 ! li�.i.. I4 ,Total' -, a fk -C uk a •�i r 1..1 ...r _ { j ,.1 y/� 2 i1 :;: I' V VI, ki 1 E � "� I'lLil. 3-€u� ri .k li �I3 t 31�11 :1 FKaIN�h i'��16! , ' iEEr �pv YL 7� b tlj5 €,. k13Li .7 •0 � �• II laa t� ra7au�k �N1��" 7 Rl If Ike i';1_ T VS 1I1... 71 ., CIP - Contract No. K- Page 51 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES EXHIBIT "C" Fee Schedule for 100% Complete Deliveries Submittal for PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) Phase Total Amount Phase I. Programming Schematic Design Phase II. Design Development Phase III. Construction Documents and Permitting Phase IV. Bidding and Negotiation Phase V. Construction Administration Reimbursable Expenses "Not to Exceed" Fixed Fee Additional Services "Not to Exceed" Fixed Fee CIP - Contract No. K- Page 52 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES EXHIBIT "D" Total Project Drawings and/or Deliveries for PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO) Sheet Number Drawing Name or Activity Total Hours 1 CIP - Contract No. K- Page 53 PROFESSIONAL SERVICES PROPOSAL STANDARD GUIDELINES EXHIBIT "E" PROJECT SCHEDULE PROFESSIONAL ENGINEERING & INSPECTION COMPANY, INC. (AKA PEICO ID # Task Name and/or Activity Description Duration (Days) Start Date Finish Date CIP - Contract No. K- Page 54