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HomeMy WebLinkAboutProfessional Services AgreementCITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Program Management Services Contract Type Project Specific Project Renovation of the Orange Bowl Stadium Program Manager Jones Lang LaSalle Americas, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 6 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM: COMMENCEMENT 7 2.02 SCOPE OF SERVICES 7 2.03 COMPENSATION 7 ARTICLE 3 PROGRAM MANAGER'S PERFORMANCE 7 3.01 LIMITATIONS ON RESPONSIBILITY OF THE PROGRAM MANAGER 7 3.02 PERFORMANCE AND DELEGATION 8 3.03 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.04 PROGRAM MANAGER KEY STAFF 8 3.05 TIME FOR PERFORMANCE 8 3.06 DESIGN RESPONSIBILITIES 8 ARTICLE 4 SUB -PROGRAM MANAGERS 8 4.01 GENERAL 8 4.02 SUB -PROGRAM MANAGER RELATIONSHIPS 8 4.03 CHANGES TO SUB -PROGRAM MANAGERS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT: FORCE MAJEURE 9 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 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY CITY 10 7.04 NONDISCLOSURE 10 7.05 MAINTEN . NCE OF RECORDS . . 10 City Initials Page 1 Program Manager I ARTICLE 8 INDEMNIFICATION 11 ARTICLE 9 INSURANCE 11 9.01 COMPANIES PROVIDING COVERAGE 11 9.02 VERIFICATION OF INSURANCE COVERAGE 11 9.03 FORMS OF COVERAGE 11 9.04 MODIFICATIONS TO COVERAGE 12 ARTICLE 10 MISCELLANEOUS 12 10.01 AUDIT RIGHTS 12 10.02 ENTIRE AGREEMENT 12 10.03 SUCCESSORS AND ASSIGNS 12 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 12 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 12 10.06 NOTICES 12 10.07 INTERPRETATION 13 10.08 PRIORITY OF PROVISIONS 13 10.09 COMPLIANCE WITH LAWS 13 10.10 DISCRETION OF DIRECTOR 13 10.11 RESOLUTION OF CONTRACT DISPUTES* 13 10.12 MEDIATION- WAIVER OF JURY TRIAL 14 10.13 THIRD PARTY CLAIMS 14 10.14 INDEPENDENT CONTRACTOR: 14 10.15 PERFORMANCE EVALUATION 15 10.16 CONTINGENCY CLAUSE 15 10.17 LIMITATION OF LIABILITY 15 SIGNATURE PAGE 16 CERTIFICATE OF AUTHORITY 1 NOTARIZATION 17 ATTACHMENT A SCOPE OF WORK AND PROJECT DESCRIPTION A-1 ARTICLE Al GENERAL A-1 A1.01 RANGE OF SERVICES A-1 A1.02 COOPERATIVE WORK A-1 A1.03 NON-EXCLUSIVE RIGHT A-1 A1.04 PAYMENTS A-2 ARTICLE A2 STAFFING A-2 A2.01 CORE STAFF A-2 A2.02 SUPPLEMENTAL STAFF A-2 A2.03 STAFFING CHANGES A-2 ARTICLE A3 CITY'S RESPONSIBILITIES A-2 A3.01 PROJECT & SITE INFORMATION A-2 A3.02 PROJECT MANAGEMENT A-2 ARTICLE A4 PROJECT DESCRIPTION A-3 A4.01 OVERVIEW A-3 A4.02 PROJECT DETAIL A-3 A4.03 PROGRAM MANAGEMENT SERVICES A-4 ARTICLE A5 SUB -PROGRAM MANAGERS A-8 ARTICLE A6 KEY STAFF A-8 City Initials Page 2 Program Manager I ATTACHMENT B COMPENSATION AND PAYMENTS B-1 ARTICLE B1 MANNER OF COMPENSATION B-1 B1.01 COMPENSATION LIMITS B-1 B1.02 PROGRAM MANAGER NOT TO EXCEED B-1 ARTICLE B2 WAGE RATES B-1 B2.01 FEE BASIS B-1 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS B-1 B2.03 CALCULATION B-1 B2.04 EMPLOYEE BENEFITS AND OVERHEAD B-1 B2.05 ESCALATION B-1 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION B-2 B3.01 LUMP SUM B-2 B3.02 HOURLY RATE FEES B-2 B3.03 SUB -PROGRAM MANAGER FEES B-2 ARTICLE B4 FEES RESULTING FROM PROJECT SUSPENSION B-2 ARTICLE B5 ADDITIONAL SERVICES B-3 ARTICLE B6 PAYMENTS B-3 B6.01 PAYMENTS GENERALLY B-3 B6.02 MONTHLY PROGRESS REPORTS B-3 ARTICLE B7 REIMBURSABLE EXPENSES B-3 B7.01 GENERAL B-3 B7.02 TYPES OF REIMBURSABLE EXPENSES B-3 B703 AUTHORIZATION B-3 B7.04 DEFINITIONS & CATEGORIES B-3 B7.05 REIMBURSEMENTS TO SUB -PROGRAM MANAGERS B-4 ARTICLE B8 COMPENSATION FOR REUSE B-5 B8.01 GENERAL B-5 ARTICLE B9 WAGE RATES SUMMARY B-5 ARTICLE B10 ESTIMATE OF FEE AND REIMBURSABLE EXPENSES B-5 EXHIBIT ONE EXECUTED INSTRUMENT DATED FEBRUARY 14, 2006 EXHIBIT ONE EXHIBIT TWO TRAVEL APPROVAL TEMPLATE EXHIBIT TWO EXHIBIT THREE FEE AND REIMBURSIBLE EXPENSES PROPOSAL DATED May 11, 2006 EXHIBIT THREE City Initials Page 3 Program Manager h+iG'ats� CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Program Management Contract Type Project Specific Project Renovation of the Orange Bowl Stadium Program Manager Jones Lang LaSalle Americas, Inc. Office Location Miami, Florida City Authorization City Code Section 18-87 THIS AGREEMENT made this I1 day of N in the year 2006 by and between The City of Miami, Florida, hereinafter called the "City," and Jones Lang LaSalle Americas, Inc., hereinafter called the "Program Manager." RECITAL A. The City issued a Request for Letters of Interest ("RFLI") No. 05-06-022 on December 19, 2005 to develop a short-list of qualified firms and a Request for Information (RFI) No. 05-06-022 to enter into competitve negotiations for the provision of Program Management Services for the Orange Bowl Stadium Renovation Project (the "Services") and based on the submittals submitted by Program Manager ("Submittals"), in response thereto, Program Manager was selected for the provision of said Services. The RFLI, RFI and the Submittals 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. At the commencement of negotiations, Program Manager executed an instrument dated February 14, 2006, by which the City advised Program Manager of a lawsuit filed against the City by Hammes Inc. and Hammes Sports Development of Florida , LLC (the "Litigation") conceming the Project (the "Disclaimer"). In the Disclaimer the City disclaimed any and all representations as to the potential outcome of the Litigation, and retained the right to City Initials Page 4 Program Manager Ini terminate this Agreement if it deemed it to be in its best interest in connection with the Litigation. Program Manager executed the Disclaimer to acknowledge its receipt and its decision to proceed with contract negotiations notwithstanding the Litigation. The Disclaimer is attached hereto as Exhibit One and is by this reference incorporated into this Agreement. C. WHEREAS, by Resolution no. 06- 02'17- , adopted %lit , 2006, the City Commission has selected the Program Manager to provide the Services described herein. WITNESSETH, that the City and the Program Manager, for the considerations herein set forth, agree as follows: City Initials Page 5 Program Manager Initia JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENt ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Architect or A/E means the professional architectural firm selected by the the City and awarded a contract for the architectural and engineering services required for the renovation of the Orange Bowi Stadium. 1.03 Attachments and Exhibits means the attachments and exhibits to this Agreement that are expressly incorporated by reference and made a part of this Agreement as if set forth herein in full. 1.04 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.05 Basic Services means those services designated as such In this Agreement, including the Attachments. 1.06 City Commission means the legislative body of the City of Miami. 1.07 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.08 City means the City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement 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 govemmental body and shall not be attributable in any manner to City as a party to this Agreement. For the purposes of this Agreement, "City" without modification shall mean the City Manager or Director, as applicable. 1.09 Construction Observer means 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. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for services required for the renovation of the Orange Bowl Stadium. 1.11 Core Project Staff means staff of the Program Manager or Sub -Program Managers assigned on a full time basis to the Project by the Program Manager. Program Manager shall be paid for the services of the Core Project Staff on a lump City Initials sum basis based on the staffing requirements for each phase of the Services. 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the Project. For the purpose of this Agreement, the Director is the top administrator of the Department of Capital Improvements and Transportation or designee. 1.13 Master Project Schedule means the schedule developed by the Program Manager and approved by the City that shall be utilized to track to progress of the Project. 1.14 Notice To Proceed means 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 the Project. 1.15 PM Project Manager means an employee or Program Manager who shall be responsible for the day to day management of the Services under this Agreement. 1.16 Program Manager means the individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into this Agreement to provide professional services to the City. 1.17 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Work to be performed under this Agreement and the construction of the Project as a direct representative of the City. 1.18 Project means the construction, alteration and/or repair, and all other services and incidentals thereto, of the Orange Bowl Stadium, as contemplated and budgeted by the City. The Project(s) shall be further defined in the Scope Of Services section of this Agreement. 1.19 Project Participants means the City, Program Manager, NE, Contractor and other firms or companies that may be involved in the Project. 1.20 Professional Services Those services provided by the Program Manager to lead and support the City In the renovation of the Orange Bowl Stadium, including, without limitation, all administrative, technical, and management activities undertaken as part of the Scope of Services. May also be referred to herein as Program Management. 1.21 Risk Administrator means 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. Page 6 Program Manager Init JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 1.22 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables and milestones required for the completion of the Project as defined herein. 1.23 Sub -Program Manager means a person, firm or organization that has entered into a written agreement with the Program Manager to fumish specified professional services for this Project. 1.24 Supplemental Program Staff means 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. Supplemental Program Staff may also be added to the Core Staff. 1.25 Wage Rates means 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 categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.26 Work Order means a written document issued by the City to the Program Manager authorizing the performance of Additional Services, including identification of the tasks, deliverables, time for completion, and the amount of compensation authorized for such Additional Services. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM:COMMENCEMENT The term of this Agreement shall commence upon execution of this Agreement and conclude upon the completion and acceptance of the Services by the Director unless terminated earlier as provided herein. 2.02 SCOPE OF SERVICES The Project includes but is not limited to the redevelopment of the existing structure to include a reduction in the seat count to approximately 63,000 seats, the addition of approximately 14 suites, a total of 1,000 indoor club seats, a total of 750 outdoor club seats, a new club lounge and press box, new concessions, toilets and service facilities. The Project means all work required to complete the renovation of the Orange Bowl Stadium as described in Attachment A, including specifically, but not limited to, all the Architect's Work and the Contractor's Work, and includes all labor, materials, equipment and services provided or to be provided by the A/E and Contractor to fulfill their respective obligations under their respective contracts.. Program Manager shall be responsible for the management of all aspects of the Project and providing support and assistance to the City for other services and contracts necessary for the completion of the Project. The Program Manager shall be responsible for managing, monitoring, and reporting to the City with respect to the performance of all Project Participants and the progress of the work in accordance with approved Master Project Schedule. Program Manager agrees to provide the Services as specifically described in Attachment A to this Agreement, including the special terms and conditions set forth in Attachment A„ which by this reference are incorporated into and made a part of this Agreement. The Program Manager shall serve as the Clty's Representative for the design, construction and post - construction Services required under this Agreement. 2.03 COMPENSATION 2.03-1 COMPENSATION LIMITS The maximum amount of compensation payable by the City to Program Manager as a not to exceed fee, is $6,500,000, based on a base fee of $5,688,747, plus $300,000 in additional services fees, and $511,253 in reimbursible services and fees. This amount is based on the rates and schedules established in Attachment B and Exhibit Three, which are incorporated into this Agreement. In no event shall the amount of compensation exceed said total amount unless explicitly approved by action of the City Manager or the City Commission, as may be applicable pursuant to Section 18-87 of the City Code, and put into effect by written amendment to this Agreement. 2.03-2 PAYMENTS Payment shall be made within thirty (30) days after receipt of an acceptable invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail (Standard invoice template to be provided by City), to allow a proper audit of expenditures, should the City require one to be performed in accordance with the terms of this Agreement. If Program Manager is entitled to reimbursement of travel expenses, then copies of all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. ARTICLE 3 PROGRAM MANAGER'S PERFORMANCE 3.01 LIMITATIONS ON RESPONSIBILITY OF THE PROGRAM MANAGER The Program Manager is not responsible or liable for the design services provided by the A/E, including, without limitation, architecture, design, and engineering, which shall be the responsibility of the A/E and its sub -consultants. The Program Manager is not responsible or liable for the construction contractor's work, including, without limitation, the construction means, methods, techniques, sequences, procedures, and safety programs and precautions which shall be carried out by the Contractor under the construction contract. City Initials l/IU `.1\(_/ Page 7 Program Manager InitidLs,�.—� JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT Notwithstanding the foregoing, if the PM Project Manager observes or otherwise becomes aware of any fault or defect in the A/E's work or Contractor's work, nonconformity of the Contractor's work with the contract documents, or noncompliance with applicable law, the Program Manager shall take commercially reasonable steps to protect the City's interests by giving prompt written notice thereof to the City, A/E and Contractor and direct the NE and Contractor to take appropriate corrective action. The foregoing shall not release the NE or the Contractor from their responsibilities under their respective contracts.The City recognizes and acknowledges that the Architect is responsible for designing the Project within the financial limitations of the City as identified in the Fixed Construction Budget as accepted to by the City. The ProgramManager shall have responsibility to the City for ensuring that the design documents prepared by the Architect are consistent with the Fixed Construction Budget. 3.02 PERFORMANCE AND DELEGATION The Professional Services to be performed hereunder shall be performed by the Program Manager's own staff and the Sub -Program Managers identified in this Agreement, unless otherwise approved in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said other person(s) or firm. 3.03 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 any personnel of any such Sub -Program Managers engaged by the Program Manager to provide and perform Services pursuant to the requirements of this Agreement stating the reason for such request. The Program Manager shall respond to City within five (5) working days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by Program Manager. 3.04 PROGRAM MANAGER KEY STAFF The parties acknowledge that Program Manager was selected by the City, in part, on the basis of qualifications of particular staff identified in Program Manager's Submittals, hereinafter referred to as "Key Personnel". Program Manager shall ensure that Key Personnel as detailed in Attachment A, Article A6 are available for Work hereunder as long as said Key Personnel are in Program Manager's or Sub -Program Manager's employ. Program Manager will obtain prior written approval of Director or designee to change Key Personnel. Program Manager shall provide Director, or designee, with such information as necessary to determine the suitability of proposed new Key Personnel. Director will act reasonably in evaluating Key Personnel qualifications. ILfCity Initials AT Page 8 Program Manager Init� 3.05 TIME FOR PERFORMANCE The Program Manager agrees to start all Services hereunder upon receipt of a Notice to Proceed issued by the Director and continue to perform such Services until all Services have been performed and accepted by the City. Time is of the essence with respect to performance of this Agreement. 3.06 DESIGN RESPONSIBILITIES 3.06-1 Errors and Ommissions The Program Manager shall not be responsible for errors and ommissions of the NE. 3.06-2 Nonconforming Work The Program Manager shall promptly give notice to the City of any defective or nonconforming work of the NE or Contractor or any other Project participant whenever discovered by the Program Manager and whether before or after the date of Final Completion of the Contractor's work. 3.07 Meetings The Program Manager and the City will work jointly to determine the need for meetings and their frequency during each phase of the Project. ARTICLE 4 SUB -PROGRAM MANAGERS 4.01 GENERAL 4.01-1 A Sub -Program Manager is a person, firm or organization who has entered into a written agreement with the Program Manager to furnish Professional Services under this Agreement, that was identified as part of the Program Manager's team in the competitive selection process by which Program Manager was chosen to perform the Services under this Agreement or subsequently approved by the Director, and as such, is identified and listed in Attachment A, Article A5 attached hereto. 4.02 SUB -PROGRAM MANAGER RELATIONSHIPS 4.02-1 All services provided by the Sub - Program 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. Sub -Program Managers shall not be authorized or permitted to further subcontract any Work. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Sub - Program Managers. The Program Manager acknowledges that Sub -Program Managers are entirely under its direction, control, supervision, retention and/or discharge. JONES TANG LASALLE PROFESSIONAL SERVICES AGREEMENT 4.03 CHANGES TO SUB -PROGRAM MANAGERS The Program Manager shall not change any Sub - Program Managers listed in Attachment A, Article A5 without prior written approval by the Director. Such approval shall not be unreasonably withheld, conditioned, or delayed by the Director. ARTICLE 5 DEFAULT 5.01 GENERAL If Program Manager fails to comply with any term or condition of this Agreement, 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, upon fifteen (15) days written notice to Program Manager, given subsequent to the expiration of any applicable cure period, terminate this Agreement. 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. Upon such termination the City and the Program Manager shall determine the time to be provided to the Program Manager to demobilize. All costs incurred as a result of such demobilization shall be at the Program Manager's sole expense. In the event of termination due to default, in addition to the foregoing, Program Manager shall be liable to the City for expenses, capped at $6,000, 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 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, beyond the specified period allowed to cure such default. 5.02-3 Program Manager fails to commence the Services within the time provided or contemplated herein. 5.03 TIME TO CURE DEFAULT: FORCE MAJEURE City shall provide written notice to Program Manager as to a finding of default, and Program Manager shall take all necessary action to cure said default within the time specified in said notice, which shall be thirty (30) days except where the delay is due solely to the Program Manager's default and materially, adversely City Initials Page 9 impacts the critical path or creates an emergency conditions. Under such circumstances the City may specify a timeframe that is less than the stipulated Thirty (30) days. Failure to cure the default in the stipulated timeframe may result in the City Manager or designee terminating this Agreement. The City Manager or Director may, in their sole discretion, extend in writing the timeframe for curing said default. 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 the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Program Manager is delayed in performing any obligation under this Agreement due to a force majeure condition, the Program Manager shall request a time extension from the City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Program Manager for extra compensation unless Additional Services are required. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City has the right to terminate this Agreement for any reason or no reason, upon sixty (60) days' written notice. Upon termination of this Agreement, all reports, charts, sketches, studies, drawings, and other documents or electronic media 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 upon delivery of all such documents, materials and information. 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. 6.02 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 thirty (30) days from the date of the City's receipt of a written notice from Program Manager specifying the City's 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 Program Manager !nit JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT an 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. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All work products, including but not limited to; plans, specifications, maps, computer files, models and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will) be considered "work for hire "as such phrase is defined in Section 101 of Title 17 of the United States Code Public Law 94-533 and all title, ownership and copyright privileges are and at all times shall be the property of the City without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. Program Manager and its Sub -Program Managers' electronic files, drawings tapes, disks, and similar items remain the property of the City. The Program Manager will provide these electronic items upon the request of the City or upon completion/termination of this Agreement. The Program Manager shall provide documents to others at the direction of the City consistent in content and format with normal document production as determined' by the City. The City understands that the use and conversion of Electronic Data to an alternate format may not be accomplished without the potential for introduction of anomalies or errors and that changes or modifications by anyone other than the Program Manager may result in adverse consequences that Program Manager can neither predict nor control. Accordingly, the City agrees that Program Manager shall not be liable for and hereby waives all claims arising out of or connected with (a) the use, modification or misuse by the City of such Electronic Data; or (b) the decline of accuracy or readability of the Electronic Data due to storage conditions, the passage of time, or otherwise; or (c) any use of said electronic data by any third parties receiving the electronic data from the City. The Program Manager will not be liable for use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. Notwithstanding anything contained herein 10 the contrary, Program Manager shall retain all right, title, and interest in intellectual property: (i) created by Program Manager prior to this Agreement, including (without limitation) Program Manager's proprietary software programs and processes for providing services and (ii) created by Program Manager during the term of this Agreement In the normal course of City Initials business for Program Manager's other clients. Program Manager shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to access/inspect the offices of the Program Manager for inspection of the Services and the products of Program Manager at any time. The Program Manager shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of the Program Manager to promptly deliver all Project records to the Director within thirty (30) days of cancellation, or within thirty (30) 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 documents. 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 for completion or continuation of this Project by others. 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, and Sub -Program Managers to comply with the provisions of this Article. 7.05 MAINTENANCE OF RECORDS Program Manager will keep adequate records and supporting documentation, which concem or reflect its Services hereunder. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with statute. Otherwise, the records and documentation will be retained by Program Manager for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. City, or any duly authorized agents or representatives of City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period Page 10 Program Manager Initiaf$��� JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT noted above; provided, however such activity shall be conducted only during normal business hours at the Program Manager's local office and not more than once per year. ARTICLE 8 INDEMNIFICATION 8.01 The Program Manager shall hold harmless, indemnify and defend the City, at Program Manager's own cost and expense, City officials and employees from any and all third party 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 Article shall not be limited in any way by the agreed upon compensation, 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 Manager, its agents, servants, representatives or Sub -Program Managers. This Article shall survive the termination or expiration of this Agreement. ARTICLE 9 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(V), as per A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Program Manager shall fumish certificates of insurance to the Risk Administrator for review and acceptance 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. Program Manager shall maintain coverage with equal or better rating as identified herein for the term of this Agreement. Program Manager's certificates of insurance shall provide that insurers will endeavor to provide written notice to the City's Department of Risk Management of any, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. Program Manager shall make a copy of the Insurance policy or policies available to view in its Risk Management office in Chicago upon request of the Risk Administrator. City Initials 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 Personal and Advertising Injury and Products/Completed Operations each with a minimum limt of $1,000,000. Required endorsements include; Employees included as insured, Contractual Liability, and Independent Contractors Coverage. Automobile coverage for any auto including hired, borrowed or non -owned autos, limits of Liability, Bodily Injury, Damage Liability for any one accident $1,000,000. The City of Miami shall be named an additional Insured on both of these coverages. 9.03-2 Professional Liability Insurance The Program Manager shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $1,000,000 per claim, combined single limits, providing for all sums 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. The deductible shall not exceed $100,000. This insurance shall be maintained for at least one year after completion of the construction and acceptance of the Project covered by this Agreement. 9.03-3 Worker'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. Waiver of Subrogatrion shall be included. 9.03-4 Excess Liability The Program Manager shall maintain Excess Liability insurance in a minimum amount of $3,000,000 for the following; Bodily Injury and Property Damage for each occurance and in the aggregate. 9.03-5 Employer's Llbllity The Program Manager shall maintain Employer's Liability in a minimum amount of $500,000 for bodily injury caused by an accident, each accident, and for bodily injury caused by disease, each employee and policy limit. 9.03-6 Cancellation The certificates evidencing the above policies shall include that the insurer will endeavor to provide the City with written notice of cancellation or material changes from the insurer not less Page 11 Program Manager Initi JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT than thirty (30) days prior to any such cancellation or material change. 9.03-7 Sub -Program Manager Compliance Program Manager shall ensure that all Sub - Program Managers comply with these same insurance requirements. 9.03-8 Waiver of Liability. The City shall include in all subsequent contracts with third parties for the Project contractual language that will limit the liability of the Program Manager to those actions for which the Project Manger is liable under this Agreement. The City will also require that the Program Manager be named as an additional insured under all such contracts. Language shall be included that clearly indicates that the Program Manager's insurance is not the primary insurance for all of the work to be performed under this Project. 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 compensation for reimbursement of any additional costs from the City. 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 commercially reasonable 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 City Initials Page 12 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 written approval. The Program Manager's services are unique in nature and any transference without City 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 retums 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 Program Manager, by executing this Agreement, certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the Project price was increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs. All such price adjustments will be made within 1 year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, conceming this Agreement, or arising out of this Agreement, shalt 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 attomey's fees or in the case of claims covered under Section 10.13 where the City shall pay the Program Manager's expenses and legal 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, or electonic mail, 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 Program Manager Initi JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 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: Gary Fabrikant Assistant Director City of Miami Department of Capital Improvements (CIP) 444 S.W. 2"d Ave., - 8th FI Miami, Florida 33130 With a copy to: Mary H. Conway , P.E. Director City of Miami Department of Capital Improvements (CIP) 444 S.W. 2nd Ave., -10th FI Miami, Florida 33130 For Program Manager: Jones Lang LaSalle Americas, Inc. Attention: Vivian Mumaw Chief Operating Officer 200 E. Randolph Drive Chicago, Illinois 60601 With a copy to: Jones Lang LaSalle Americas, Inc. Attention: John A. Paccione Senior Vice President 200 East Robinson Street Suite 525 Orlando, Florida 32801 And Jones Lang LaSalle Americas, Inc. Attention: General Counsel, Americas 200 E. Randolph Chicago, Illinois 60601 10.07 INTERPRETATION Preparation of this Agreement has been a joint effort. 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. City Initia 10.08 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. 10.09 COMPLIANCE WITH LAWS Program Manager shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, OSHA, 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. 10.09-1 Non -Discrimination Program Manager 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. 10.10 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. 10.11 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 in dispute hereunder exceed $500,000, 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 Page 13 Program Manager In1ti JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 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. 10.12 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, and/or following the completion of the Project 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 Program Manager agrees to include such similar contract provisions with all Sub -Program Managers retained for the Project, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.13 THIRD PARTY CLAIMS In the event that any third party asserts daims against the Program Manager relating to the Project, then, provided (i) Program Manager's insurer fails or refuses to provide Program Manager with legal representation, (ii) the claims do not involve matters for which the Program Manager has an obligation pursuant to Article 8 of this Agreement to indemnify the City, or (iii) the claims do not involve matters for which the City has a good -faith basis to assert claims against the Program Manager, the City agrees to pay Program Manager reasonable compensation for the time and expenses of the Program Manager's personnel involved in the analysis of, response to, and resolution of such claims and the reasonable cost of the Program Manager's defense of such claims, including reasonable fees of legal counsel, any expert witnesses and other essential defense costs (Program Manager's Defense"). The Program Manager shall have the right to select its legal counsel, subject to the approval of the City, which approval shall not be unreasonably withheld. It is understood and agreed that in the event that counsel selected by Program Manager charges rates greater than those customarily paid by the City at the time that such claim is asserted, but in no event less than $250.00 per hour, the parties shall, in good faith, attempt to agree upon such rates or upon an allocated payment of such rates. If the City and Program Manager disagree on the City's obligation to City Initials // 1 yam Page 14 pay for Program Manager's Defense, then the City shall not be required to do so, but shall reimburse the Program Manager the cost of the Program Manager's Defense if, at the conclusion of the claim, it is determined that Program Manager was not at fault, or that the City's assertion of a claim against the Program Manager or the City's decision not to provide the defense contemplated herein, was not in good faith. In the event that the third party claim for which the City has provided or paid the Program Manager's Defense results in a finding of fault on the part of the Program Manager, then the Program Manager shall reimburse the City the cost of Program Manager's Defense to the extent of such finding of fault. For purposes of this provision, a settlement agreement without the City's approval shall be deemed a finding of fault on the part of Program Manager. The City agrees that it will not withhold its approval of a proposed settlement only for the purpose of avoiding its obligations under this Article. The City shall be relieved of its obligation to pay Program Manager's Defense in the event that, at any time during the defense of the third party claim, (i) any insurance carrier provides Program Manager with legal representation, (ii) the City has a good -faith basis to assert a claim or claims against the Program Manager involving matters for which the Program Manager has an obligation to indemnify the Citypursuant to Article 8, (iii) the Program Manager takes a position adverse to the City other than in response to discovery requests or testimony or in good faith in the evaluation of any claim by or against the City, or (iv) claims are asserted by or between the City and Program Manager with respect to either party's performance under this Agreement. 10.14 INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. 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. 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 Program Manager agrees to provide workers' compensation insurance for any employee or agent of the Program Manager rendering Services to the City under this Agreement. 10.15 PERFORMANCE EVALUATION Program Manager is hereby advised that during the performance of Services under this Agreement, upon Program Manager Initi JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT completion of the Project and/or at any other time deemed appropriate by the City a performance evaluation report may be completed by the City. The performance evaluations will be kept in City files for use on future solicitations. 10.16 CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 10.17 LIMITATION ON LIABILITY Notwithstanding anything else contained herein to the contrary, each party shall look solely to the assets of City Initials the other party for satisfaction of any liabilities or obligations relating to this engagement, and no officer, director, employee, partner, affiliate, shareholder or agent of either party shall be personally responsible for any such liabilities or obligations. In addition, each party waives any claims for punitive, consequential, speculative or exemplary damages, including, without limitation, lost revenue or profit, even if a party has knowledge of the possibility of such damages; and, except for Program Manager's liability under Section 8 above, in no event shall Program Manager's liability to the City with respect to this Agreement exceed an amount equal to the greater of annual fees paid or three Million Dollars. Page 15 Program Manager Initials JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Print Name, Title `1�vS�'\ rr`.v's2 ATT(I ST: Program Manager Secretary Gordon Repp ATTEST: Priscilla Thompson, City Clerk APPROVED AS TO REQUIREMENTS: PROGRAM MANAGER, JONES LAN LE AMERICAS, INC. By: John A. Paccione Title: Senior Vice President (Corporate Seal) CITY, Sta MI, a municip (L'" ola, City Manager ration of the INSURANCE APPROVED AS TO LEGAL FORM AND CORRECTNESS: Risk Management Department City Initials rnandez, City Attorney 00 Page 16 Program Manager Initia JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY I HEREBY C � ,1 the laws of th State o (IF CORPORATION) RTI Y that at a meeting of the Board of Directors of a corporation organized and existing; under f , held on the ''day of , 7, a resolution was duly passed and adopted authorizing (Name) j� A t 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 v1 TNESS WHEREOF, I have hereunto set my hand this 14 , day of ' T 20(Ye . Secretary: Print: NOTARIZATION STATE OF ) SS: COUNTY OF ��- The foregoing instrument w s a no dged before me this t\- day of c a , 20, by iJ . ao^`e- , who is personally _lspn� or who has produced as identification and who (dlid! / did not) take an path. SIGNATURF NOTARY PUBL STATE OF RIDA SHERYL KALEBAUGH �ll Nolan/Public, State of Florida PRINTED, ST PtiouSle/KilittIBtal NAME PF0t4OrrARIripmv,Iin.000)451-4854 City Initials Page 17 Program Manager Ini JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCOPE OF WORK AND PROJECT DESCRIPTION ARTICLE Al GENERAL A1.01 RANGE OF SERVICES Ttie Program Manager shall fumish, as Basic Services, comprehensive management services described in this Attachment A. The Request for Letters of Interest (RFLI) dated December 19, 2005, No.05-06-022 and the Request For Information (RFI) dated January 19, 2006, Number 05-06-022 and their corresponding responses are incorporated herein by reference and are included as a part of this Agreement. In addition, the attached Negotiation Amendment to the RFI is incorporated by reference and is included as part of this Agreement. Where there is a conflict between these documents the order of preference shall be: 1. Professional Services Agreement, 2. Negotiation Addendum, 3. RFI, 4. RFLI. The Program Management Services contemplated by this Agreement consist of management of all aspects of the Project and support and assistance to the City in the five Phases of the Project. Phase I covers the requirements for economic, marketing and financial analyses and cost to benefits aspects of this Project. Phase II includes managing and/or assisting in all aspects of the Project, including, without limitation, the procurement of services, including bidding and contracting, Project development, design, and construction, and post construction aspects of the Project. The Program Manager shall be responsible for managing, monitoring, and reporting to the City on all aspects, performance of all participant, and the progress of the Project in accordance with approved Master Project Schedule. The Program Manager agrees to fumish the Program Management Services described in this Agreement and those that are expressly described or necessarily inferred in the Agreement as the responsibility or function of the Program Manager. The Program Manager agrees to perform such services in an expeditious and timely manner consistent with the best interests of the City as set forth in the Agreement and as otherwise made known to the Program Manager and agreed to by the Program Manager. The Program Manager shall provide the Program Management Services under this Agreement In a manner consistent with the highest standard of care and professionalism of the industry. The Program Manager shall assist in the preparation, review and evaluation of all proposals, bids and solicitations relating to the Project and shall assist and make recommendations to the City for the award and negotiation of contracts connected with this Project The City and Program Manager hereby agree that the Program Manager may, subject to the prior written approval of the Director, negotiate Change Orders on behalf of the City. Notwithstanding the foregoing, the Program Manager shall have no authority to bind the City with respect to such Change Orders and same may only become binding upon the. approval and execution of the City. The City reserves the right to directly negotiate, participate in negotiation of Change Orders or to reject Change Orders negotiated by the Program Manager and direct the Program Manager to re -negotiate the Change Orders. In case of termination of the A/E, the Contractor or other firms participating in this Project, the Program Manager shall as part of the Program Manager's Basic Services assist the City in securing the services of another lawfully licensed person or entity to perform the services necessary to complete the Project A1.02 COOPERATIVE WORK The Program Manager will be responsible to work in cooperation with officials of the City, the University of Miami, the A/E, the Contractor, the commuity and other stakeholders, and with other entities necessary to administer the planning, design and construction of the Project. A1.03 NON-EXCLUSIVE RIGHT It is understood that the 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 Notice to Proceed for the Project. The City reserves at all times the right to perform any and all Professional Services in-house, or with other private firms or to discontinue or withdraw the Project 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 Work required by the City. City Initials Page A-1 Program Manageritia1^—J JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT A1.04 PAYMENTS The City will pay the Program Manager a monthly amount for the Core Staff and shall pay for Supplemental Staff, in accordance with provisions and limitations of Attachment B and Exhibit Three. No payment will be made for the Program Manager's time or services in connection with the preparation of any proposal for Additional Services. ARTICLE A2 STAFFING The Program Manager will perform all Services described in this Scope of Services by use of the Core Staff and/or the Supplemental Staff, as described below. All staff shall be duly qualified, trained and/or licensed to perfrom the Work assigned to them. A2.01 Core Staff As depicted in in this Agreement, Basic Services shall be perfomed by Program Manager's staff assigned on a full- time or on a utilization percentage basis as stated in Exhibit Three. Any modification in the Services may trigger a corresponding modification in the Compensation Schedule. A2.02 Suplemmental Staff The Services performed by these staff will be for short term Services, or for long-term and continuing Services, associated with the Scope of Services. Services may be compensated on a hourly or lump sum basis. A2.03 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. 2.01-1 Chanties due. to Absence or Termination: If there are changes in the Core Staff or Supplemental Staff, due to voluntary or involuntary termination, that position(s) 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 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. 2.01-1 Changes due to Proiect Rectuirements: Director's approval shall be in writing for additional or replacement Core Staff and for additional Supplemental Staff not included in the Core or Supplemental Staff and 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-hours 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 Supplelmentary Staff shall be duly noted in the monthly invoice and Management Report. Program Manager shall bear the cost of any additional staff not approved by Director. 2.01-1 Electronic mail requests or proposals and authorizations are acceptable. ARTICLE A3 CITY'S RESPONSIBILITIES A3.01 PROJECT & SITE INFORMATION The City, at its expense and insofar as performance under this Agreement may require, will make its best efforts to fumish the Program Manager with available information on the Orange Bowl Stadium that may assist the Program Manager in the performance of its responsibilities under this Agreement. A3.02 PROJECT MANAGEMENT A3.02-(a) The Director or designee shall act on behalf of the City in all matters pertaining to this Agreement. The Director or designee shall issue all Notices to Proceed to the Program Manager. The Director or designee shall approve all invoices for payment to the Program Manager. A3.02-(b) The Director shall designate a City Project Manager from staff to have general responsibility for management of the Project. The City Project Manager shall meet with the Program Manager at periodic intervals throughout the Services to assess the progress of the Services in accordance with approved schedules. The City Project Manager shall also examine documents submitted by the Program Manager, including invoices, and shall promptly render decisions and/or recommendations pertaining thereto, to avoid unreasonable delay in the progress of the Services. City Initials Page A-2 Program Manager JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT ARTICLE A4 PROJECT DESCRIPTION A4.01 OVERVIEW (taken from RFI) The Orange Bowl Stadium (Stadium), which was built in 1937, is owned and managed by the City of Miami. From the day the Stadium opened it has been home to the University of Miami Hurricane football team, who have won five national collegiate football championships and who have been routinely ranked as one of the top ten teams in the national polls during the last thirty (30) years. The stadium has also hosted many world class events throughout its history. The Stadium was home to the Miami Dolphins when they became the only NFL team to achieve a perfect season. The annual NCAA Orange Bowl Classic Football Game was held at the Stadium until recently being move to the nearby Dolphin Stadium. The Stadium was the site of the boxing match between Alexis Arguello and Aaron Pryor, for the undisputed welterweight champion; The Stadium has also hosted many national and international soccer tournaments such as the Marlboro Cup, Libertadores, the 1996 Soccer Summer Olympics, and the Gold Cup. The Orange Bowl is located in the heart of Miami and in close proximity to areas and features which draw tourists and fans from around the world. There is shopping in downtown Miami, and the areas of Little Havana, Little Haiti and other locales with unique cultural distinctions. The Miami International Airport is nearby as are world -class hotel accommodations. The City of Miami is undergoing unprecedented revitalization as it continues to grow into a world -class City, attracting new residents from around the world. Miami is recognized worldwide as the gateway to Latin America and as an international hub. Miami successfully hosted the 4th annual Latin Grammy Awards show, the visit of the Spanish Prime Minister Jose Maria Aznar, the celebration of the Free Trade of the Americas Conference, FTAA, the MTV Music Video Awards and the Latin Billboard Awards. The City of Miami's goal is to revitalize and redevelop and return the Orange Bowl to a world -class stadium sought after by local, national, and world -class events. This goal includes the following. Develop New Sources Revenue Provide a stadium that vastly improves annual revenue potential for the City of Miami and the University of Miami Hurricanes. Additional reveue sources to be evaluated include stadium or scoreboard naming rights, seating plans, conference center, restaurants, branding, development of outparcels, acquisition of adjoining lands, potential additional partnerships with the University of Miami, the Miami -Dade County School Board and other, etc. The Program Manager will be required to guide the design team in creating multiple tiers of new amenities for ticket holders ranging from general admissions seating to new luxury suites. New amenities should be added consistent with new and recently renovated collegiate and/or professional football stadiums. Improve Game Day Experience and Fan Amenities Improve the overall quality game day experiences for all fans by creating new premium amenities, and amenities that also benefit all ticket holders. Some of these amenities include updating and increasing restroom counts, concourse widths to increase access to restrooms and concessions, concession points of sale and an exterior redesign intended to create a new image for the Orange Bowl. Reduce Impacts to University and Existing Ticket Holders Construction will be phased so that the University of Miami Hurricanes can play at the stadium throughout the redevelopment, which would be complete for the 2009 football season. A4.02 PROJECT DETAIL (taken from RFI) The Program Management services envisioned for this Project requires the Program Management firm to perform the following: A4.02-1 Understanding of the City of Miami's Scope Requirements a. Partnering b. Be efficient and adaptive c. Provide innovative tools and necessary resources d. Assist in legacy building and community stewardship A4.02-2 Administrative Elements a. Master scheduling b. Control of construction budgeting c. Analyze and control funding d. D` .. appropriate contract delivery methods City Initials A-3 Program Manager Ini i'f� JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT e. Manage professional consultants A4.02-3 Production Program Elements a. Development of Projects scopes for various professional services required b. External coordination with various funding sources c. Understanding of State of Florida, Miami -Dade County, and City of Miami Design and Construction codes, rules and regulations d. Understanding of City policies and procedures e. Quality control and constructability reviews f. Coordination of design and construction efforts g. Construction observation h. Construction and professional services contract admnistration i. Public relations support j. ADA compliance management k. Filing and record document control I. Contractor and consultant performance reviews A4.02-4 Construction Program Management Elements a. Management approach, personnel and staffing plan b. Manpower efficiency c. Schedule and budget control d. Quality control and on -site construction reviews e. Development of City staff f. Review of management and staffing efficiencies g. Compensation strategies A4.03 PROGRAM MANAGEMENT SERVICES The Program Management Services to be provided by the Program Manager, indude but are not limited to: A4.03-1 Program Management. The Program Manager shall identify the responsibilities of and between all participants and other service providers, involved in the Project, including those under contract to the City. Manage and coordinate all such responsibilities. The Program Manager will assist in the solidtation of proposals for professional services, negotiation and the award of contracts. A4.03-2 Master Project Budget(s). The Program Manager will be responsible for establishing and managing the Master Project Budget, including the fixed construction budget, which will be done with the assistance of the City. The Program Manager will be responsible for periodically monitoring, evaluating, updating and reporting on the Master Project Budget for the Project. The initial Master Project Budget(s) and all updates of the Master Project Budget will be subject to the review and approval of the City. A4.03-3 Master Project Schedule(s). The Program Manager will be responsible to evaluate the Project to identify and develop an overall Project critical path. The Program Manager will be responsible for developing and maintaining the Master Project Schedule for all participants in the Project, including those who are or are not under contract with the City. The Program Manager shall be responsible for recommending the approval of the baseline schedule for design, construction and post construction services. The initial Master Project Schedule, which shall be utilized to create the master baseline schedule and all updates of the Master Project Schedule, will be subject to the review and approval of the City. The Program Manager shall ensure the timely updating of project schedule submittals by all appropriate participants. The Program Manager shall incorporate schedules accepted by City into the Baseline Master Project Schedule for the Project. The Program Manager will be responsible for monitoring and evaluating the Baseline Master Project Schedule and provide periodic reports and both electronic and hard copies of the schedules, as updated, to the City. The Master Project Schedule shall include appropriate milestones and will identify the estimated duration of the various portions of the Project. The Program Manager will evaluate the Baseline Master Project Schedule and phasing of the design and construction work to identify means of optimizing the sequencing and phasing of the Project thereby reducing the overall Project Schedule. The Program Manager shall be responsible for identifying delays in the work and recommending to the City options to resolve and mitigate any such delays. The Program Manager shall ensure that project participants submit and updated schedule with each payment application. A4.03-4 Procurement and Award. The Program Manager will assist in the review and evaluation of proposals, bids and work authorizations and advise the City with respect to the award of contracts, involved in the design, construction and post construction services of the Project. A4.03-5 Schedule of Values. The Program Manager will direct the Contractor in the development of a Schedule of Values for reporting the Cost of the Work. The Program Manager shall ensure that the Schedule of Values is updated in a timely manner and is current at the time of submission of each payment application. The Program Manager shall not approve a payment application without a current Schedule of Values. City Initials A-4 Program Manager In JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT A4.03-6 Project Communications. The Program Manager will be responsible for managing, coordinating and facilitating communications among and between all project participants and other parties involved with the Project. A4.03-7 Project Reporting. The Program Manager will be responsible for all preparing and disseminating all reports under this Project, including but not limited to monthly, weekly and bi-weekly reports on the progress of all aspects of the Project. A4.03-8 Public and Regulatory Approvals. The Program Manager ill coordinate and assist the City, the A/E and the Contractor, as required, to secure public and regulatory approvals required by govemmental agencies having jurisdiction over the Project. A4.03-9 Payment Procedures. The Program Manager will receive, review and evaluate all Applications for Payments submitted for accuracy in accordance with Florida Statute's Local Government Prompt Payment Act. The Program Manager will recommend in writing approval of all acceptable payment applications or reject, in writing, and require the resubmission of Applications for Payments that are deficient. Rejection of Applications for Payment must include a written basis for such recommendation. A4.03-10 Close-out and Commissioning. The Program Manager will be responsible for managing the close- out of construction and start-up operations of the Project. A4.03-11 Naming Rights. The Program Manager will develop and implement a plan for the naming rights for the new scoreboard. Such assistance will identify potential sources, contract development and negotiations. A4.03-12 Small and Disadvantaged Business Program. The Program Manager will identify to the City, A/E and Contractor opportunities for small and disadvantage business. The Program Manager shall also be responsible for identifying trade work that can be performed utilizing the local workforce. Program Manager will responsible for preparing all reports required to track and provide details on utilization. A4.03-13 Community/Stakeholder Outreach. The Program Manager will assist the City in Conducting Community and Stakeholder outreach which will consist of attending meetings and preparing and making presentations. Community/Stakeholders indude but are not limited to local residents and business, and Miami -Dade County government. A4.03-14 Quality Control & Assurance. Develop, implement and manage a quality control and assurance plan for all phases of the Project A4.03-15 Services. The following are intended to delineate the type of services expected to be provided by the Project Manager during the various phases of the project. A. General 1. Serve as the City's representative (Owner's Representative) throughout the Project 2. All communications with the City shall be coordinated through the City's Project Manager, 3. The City's Project Manager shall be copied on all correspondence 4. Prepare and distribute all meeting minutes to confirm and record the understandings and agreements resulting from meetings and conferences related to the project. Facilitate meetings of City's Project Team and document decisions made as well as key discussion points in meeting minutes. Responsible for distribution of all meeting minutes 5. Attend all meetings requested by the City, including those nern-ssary to develop the program criteria 6. Work with the City and establish a clear project scope of all services for the Orange Bowl Renovation Project. 7. Work with the City to establish the scope of services related to removal of any Hazardous Materials. Monitor the progress of the Hazardous Materials removal 8. Conduct economic, financial and marketing analysis and prepare reports to the City of findings. i. Cost/benefit analyses ii. Conduct a conference center feasibility study iii. Conduct a restaurant feasibility study iv. Restaurants, concessions and other amenities including a comparison with other collegiate facilities v. Sizing and number of Club Suites, Club Seats. Club Lounge, and other amenities vi. Maximize revenue vii. Market comparison viii. Ancillary uses of site ix. Operations plan and associated costs 9. Develop a premium seating plan 10. Develop a stadium signage plan 11. Prepare and review development plan and design concepts with the City. City Initials A-5 Program Manager Initlat— / JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 12. Recommend to City actions to be taken to facilitate the Project. 13. Develop, with the assistance of the City a Master Project Budget and distribute upon approval as directed by the City. 14. Revise and update the Master Project Budget against baseline as necessary to reflect current status. 15. Develop, with the assistance of the City a Master Project Schedule. 16. Prepare cost estimates. 17. Revise and update the Master Project Schedule against the baseline as necessary to reflect current status. 18. Develop and obtain approval of the City of a Construction Phasing Plan. Construction phasing plan must be developed in a manner that does not impact any University of Miami football game and any other events scheduled at time of development of this Plan. 19. Revise and update the Construction Phasing Plan against baseline as necessary to reflect current status. 20. Assist with award of a contract with the NE firm for design of the Project. 21. Coordinate requirements of the concept design with on -going repairs, including structural repairs of the Orange Bowl. 22. Review on -going repairs, historical data, including available plans, drawings, construction documents and reports to determine their impact on the Project. 23. Develop with the assistance of the City the program and design requirements for the Project, which will be used as a standard by the A/E for the design of the Project. 24. Perform preliminary investigation, and finding of fact of planned construction, construction or modification to properties adjacent to the Project site; or projects that may have an effect upon the Project, or the Project's goals and objectives. 25. Assist the City in the procurement, negotiation and monitoring of the Testing Laboratories during the construction phase. 26. Assist the City with all specialty services during the Project including assisting the City with leasing suites and boxes, and reviewing financial assessments 27. Develop, implement (subject to City approval) and manage a dispute and oanflict resolution process. 28. Recommend lease terms to the City for any and all potential lessees B. Design Phase 1. Review and study any relevant reports, documents or studies previously prepared 2. Work with the City to find any and all "as -built" drawings from previous Orange Bowl projects that can be used as backgrounds for the successful Design Consultant 3. Establish a list of national A/E firms which specialize in Sporting Venue Design 4. Perform preliminary investigation of utility connections and capacities at the project site. Close attention must be made to ensure A/E performs thorough utility coordination. Final responsibility for utility coordination rests with the NE. 5. Compare the resultant Design Agreement proposed fee to that line item in the Project Budget. 6. Meet with the Design Consultant and establish a workable design timetable. And revise the Master Project Schedule accordingly 7. Attend all milestone review meetings, monitoring the design's progress and checking it against the project schedule 8. Review all drawings and specifications at all milestones for the purposes of value engineering and constructability 9. Manage the Design Consultant throughout the design and construction phases 10. Assist City by preparing for Public Meetings as may be necessary from time to time related to the Design Consultant's action or services 11. Establish construction administration service procedures required by the Design Consultant 12. Monitor the Design Consultant's CADD drawings related to changes and ensure that the City receives a proper set of CADD drawings in electronic format at the end of the project 13. Make recommendations to the City regarding any additional services requested by the Design Consultant and any errors and/or omissions that the Design Consultant is responsible for 14. Coordinate between the City, the Design Consultant and the Contractor, so that open and honest communication is common during the design and construction phases 15. Review design for compliance with project goals and requirements. (Design indudes, but is not limited to drawings and specifications.) 16. Timely report all issues and deficiencies in performance to the City that Impact the Master Project Schedule or Budget 17. Facilitate review and approval of the Project by all entities having permit or other jurisdiction 18. Maintain records on all changes request by the City and by the permitting agencies. Program Manager shall be able to track and report on all associated costs. City Initials A-6 Program Manager In + ' _ JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 19. Establish a final payment and close-out procedure to ensure that all documents, materials and other requirements are received by the City C. Construction Phase 1. Establish a list of nationally recognized Construction firms that have built similar projects regarding complexity and large sporting venues 2. Establish with the City an RFP for Construction Services 3. Establish the grading system to be used during the evaluation of the RFP's 4. Assist the City in the review, evaluation of the proposals received for Construction Services 5. Assist the City in the negotiation and award of a contract for Construction Services 6. Clearly define the Construction Firms scope of services, additional services and construction errors and omission responsibilities 7. Compare construction cost to that line item in the Master Project Budget an update accordingly 8. Establish with the City the preliminary construction sequence and timetables that meet the City's Project overall schedule goals. Then meet with the Contractor and establish a workable construction schedule 9. Compare construction schedule to Master Project Schedule and update accordingly 10. Provide on -site representation throughout the construction phase 11. Manage the Contractor throughout the design and construction phases 12. Ensure that Contractor prepares one week, two week, and monthly look -ahead schedules. Program Manager will be responsible for the distribution of these schedules. 13. Provide weekly reports to the City during the construction phase. Reports to include logs on submittals, RFI's and CPR's 14. Work with the Contractor to establish value engineering procedures and criteria and closely monitor the estimates of design through the design period 15. Review all estimates and compare it to the original Master Project Budget 16. Establish construction administration procedures to be used by the Contractor throughout the construction period 17. Require that the Contractor furnish an original construction schedule and monthly updates 18. Monitor the progress of construction and compare the progress to the original construction schedule and the monthly updates 19. Coordinate the activities for Testing Laboratories during the construction phase. Evaluate and make recommendations regarding their costs and services 20. Track and report on all change orders, pending change orders, the basis for change orders and their associated costs. 21. Track and report on all unforeseen conditions, and their associated costs. 22. Assist City by preparing for Public Meetings as may be necessary from time to time related to the Contractor's action or services 23. Ensure that the Contractor is complying with the Quality Control and Assurance Plan 24. Establish a substantial completion and punch list procedure so that all areas are properly reviewed and that the subsequent lists are properly completed prior to issuance of the notice of Substantial Completion 25. Establish a final completion and close-out procedure to ensure that all documents, materials and other requirements are received by the City 26. Make recommendations to the City regarding all additional services, or time extensions requested by the Contractor. Also review and make recommendations regarding the Contractor's responsibilities regarding construction errors and/or omissions 27. Coordinate between the City, the Design Consultant and the CM, so that open and honest communication is common during the design and construction phases 28. Timely report all issues and deficiencies that impact the Construction Schedule. 29. Review and recommend to the City proposed uses of construction contingency by the Contractor. 30. Maintain a "Pending Change Report" to track proposed increases in the construction contract and uses of construction contingency - expected, committed and contracted. D. Post Construction Phase 1. Develop a Sponsorship/Naming Rights Plan and assist the City in implementing the Plan and entering into sponsorship agreements 2. Develop and implement a training program for City personnel for all equipment and operation aspects of the improvements to the Orange Bowl Stadium 3. Develop an operation plan and associated benefits cost for operation by the City, Private, or a City/Private partnership. Manage the build -out of the concessionaire sites. 4 Based on the completed renovations develop start-up and annual maintenance plans, including preventative maintenance, with corresponding budgets City initial A-7 Program Manager Ini JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT 5. Assist the City in the selection and contracting process for a restaurant. Manage the build -out of the restaurant site (if determined to be financially beneficial) 6. Assist the City in the concessionaire selection and contracting process. Manage the build -out of the concessionaire sites, including systems and equipment 7. Develop a Parking plan and assist the City in its implementation. 8. Develop a warranty plan for for monitoring, reporting and tracking warranty issues and repairs In addition, as stipulated in this Attachment A the RFLI, RFI, corresponding responses from the Program Manager, and the Negotiation addendum are incorporated by reference and become apart of this Agreement. ARTICLE A5 SUB -PROGRAM MANAGERS FIRM NAME CONSULTING FIELD David & Garcia PR Public Relations MAGBE Consulting Services, Inc. Community Outreach Tim Haahs & Associates Parking Planning and Design HNTB Corporation Transportation Planning and Traffic Analysis ARTICLE A6 KEY STAFF NAME JOB CLASSIFICATION John Vick Executive Vice President John A. Paccione Senior Vice President (Project Executive) Ann Carey Senior Vice President (Project Executive) James K. Cowdery Vice President Hank D. Pohl Senior Project Manager Michael Godoy Director Steve Froot Vice President Larry Benton Associate Justin Bates Junior Associate City Initials '"'*"""END ATTACHMENT A'"*'"" A-8 Program Manager I JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B COMPENSATION AND PAYMENTS ARTICLE B1 MANNER OF COMPENSATION The fees for Services for 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 (1) Core staff and recurring expenses shall be paid on a lump sum basis for each phase of the Project. Payments will be made on a monthly basis prorated over the time to be established for each phase, upon the City's approval of the corresponding components of the Master Project Schedule. b) An Hourly Rate, at the rates set forth in Article 69. (1) Supplemental staff shall be reimbursed on an hourly basis. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Program Manag payable by the City under this Agreement shall be limited to the amount specified in Section . .03-1 and as shown in Exhibit Three as the maximum compensation limit for • ulative expenditures under this Agreement. Under no circumstances will the City have any liability for work pe, •rme•, •r as otherwise may be alleged or claimed by Program Manager, beyond the cumulative amount provided er-'•, a ept where specifically approved in accordance with the City Code by the City Manager or City Commissi. as • lic. ble as an increase to the Agreement and put into effect via an Amendment to this Agreement. For employees included as Core Staff, at no time should the billing exceed the amount specified in this A B1.02 PROGRAM MANAGER NOT TO EXCEED Absent an amendment to the Agreement, 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 Article B9, as adjusted for overhead, and operating margin, where appilcable, 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 Article B9 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 Article B9 identifies the professions and/or job classifications expected to be used during the term of this Agreement. 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 for Supplemental Staff and for Additional Services as may be requested by City. Program Manager shall identify job classifications, available staff and projected man-hours required for the proper completion of the Services under this Agreement. Whatever adjustment factors have been approved by City in this Agreement are depicted in Article B9and shall be applied to the raw Wage Rates to determine the Adjusted Wage Rates. B2.04 EMPLOYEE BENEFITS & OVERHEAD Regardless of the method of compensation, ail compensation paid by the City shall cover all Program Manager's labor costs. B2.05 ESCALATION B2.05-1 Wa9e Rates Values depicted in Article B9 will be allowed annual escalation effective with the annual anniversary of the contract executioi},d9e. The maximum increase in any annual adjustment shall be limited to three percent (3%) per year City Initials B-1 Program Manager Initi JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT B2.05.2 Adjustment Factors Where an Independent Auditor's Report is used to calculate overhead and other adjustment factors as depicted in Article B9, 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 83 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: B3.01 LUMP SUM Compensation for Services shall generally be a Lump Sum, a Fixed Fee mutually agreed to or to be mutually agreed upon in writing by the City and the Program Manager and stated in a Work Order for Additional Services. Lump Sum compensation is the preferred methodof compensation. For any task or activity to be assigned to Program Manager, whether PRIMARY or SPECIALTY SERVICES, the preferred method of compensation is Lump Sum. B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where aspects of Work are clearly defined, quantified and calculated. B3.01-2 Payment Basis: Payments shall be made on a monthly basis to the Program Manager and shall be made based upon the total compensation for the cost of the Core Staff and/or Supplemental Staff for a particular Phase of the Services prorated on the number of months for such Phase. B3.01-3 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Services, the Lump Sum Compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director and Program Manager, which may be put into effect by a change order, subject to such additional approvals as may be required by legislation or ordinance. B3.01-4 Lump Sum compensation shall be calculated by Program Manager utilizing the Wage Rates established herein including overhead, operating margin, and reimbursable expenses as attached in Exhibit Three. 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 Article B9 Wage Rates. Total fees calculated using an Hourly Rate will include a maximum not to exceed figure, inclusive of all costs expressed in the Agreement, including but not limited to overhead, operating margin, and reimbursable expenses. The City shall have no liability for any fee, cost or expense above this figure. B3.02-2 Conditions for Use Hourly Rate Fees shall be used only in those instances where it the parties agree that it is not possible to determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for the work to be performed. Hourly Rate Fees may be utilized for Supplemental Staff and Additional Services. In either case, the City will a Not to Exceed Fee for the work to be performed on an Hourly Rate Basis. B3.02-3 Overtime Program Manager shall identify justification for use of overtime and, upon advance approval of Director, may authorize the use of overtime, subject to the following limitations: overtime may only be used for Supplemental Staff utilized on an hourly basis, and such Supplemental Staff shall not be exempt employees as defined under the Federal Fair Labor Standards Act. Further, overtime compensation shall not exceed one and one half (1-1/2) times the employee's regular hourly rate, as provided in Article B9. B3.03 SUB -PROGRAM MANAGER FEES Program Manager is responsible to directly pay all Sub -Program Managers performing Services The Program Manager is not entitled to a mark-up of any kind on compensation paid to Sub -Program Managers on behalf of City. All payments to Sub -Program Manager shall be made in accordance with Florida Statutes's Local Government Prompt Payment Act. ARTICLE B4 FEES RESULTING FROM PROJECT SUSPENSION If the Project 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 expens: esulting from such suspension or termination. If the Program is resumed after having been suspended form. •: { n three months, the Program Manager's further compensation may be subject to renegotia J City Initials 8-2 Program Manager ini JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT ARTICLE B5 ADDITIONAL SERVICES Services categorized as "Additional Services" may be specified and authorized by City and are considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in the Work Order. Hourly ' Rates shall be based on those stated in this Agreement. ARTICLE B6 PAYMENTS B6.01 PAYMENTS GENERALLY Payments may be requested monthly for services performed during the prior month. For the Lump Sum portion of this contract, payments shall be made monthly on an equally prorated monthly basis for the applicable portion of the Services. 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 Article B9), hours worked and total charge for all personnel. Recurring Reimbursement Expenses established at an annual lump sum as shown in Exhibit Three may be invoiced monthly, and paid as noted above for the Lump Sum portion of the Agreement. Other, pre -approved Variable Reimbursement 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. B6.02 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 Managerstaff, with particular detail regarding the work of Suppemental 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 B7 REIMBURSABLE EXPENSES B7.01 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 Project. 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. Documentation shall be submitted with invoices for Variable Reimbursement Expenses. For Recurring Reimbursement expenses, the supporting documentation for the lump sum payments shall be available to the City for audit upon request of the City. B7.02 TYPES OF REIMBURSABLE EXPENSES As depicted in Exhibit Three, Reimbursable Expenses are to be established either as a Recurring Reimbursement set as a Monthly Lump Sum amount primarily attributable to Core Staff or as Variable 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 Staff, Supplemental Staff. Reimbursable Expenses are shown in Exhibit Three. Actual direct costs paid by Program Manager for Variable Reimbursement Expenses shall be the basis of invoice to City, subject to the advance approval of the Director as provided below. B7.03 AUTHORIZATION Both Recurring Reimbursements and estimates of Variable Reimbursements are as shown in Exhibit Three, subject to the following exceptions. Variable Reimbursement Expenses for all travel and per diem, miscellaneous 'items and any other itern or category not stated shall be subject to specific written advance approval of the Director or designee using forms provided in Exhibit Two. B7.04 DEFI;N NS & CATEGORIES City initials B-3 Program Manager I JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT Reimbursable Expenses are those items authorized by the City outside of or in addition to professional and consist of actual expenditures made by the Program Manager and the Program Manager's employees, or Sub -Program Managers, in the interest of the Services for the purposes identified below: B7.04-1 Tran portatlori • Recurring Reimburseable: parking expenses and vehicle allowances for members of Core 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 the performance of Services 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 Director or designee. Such pre -authorization will be subject to the mileage rate limitations of Section 112.061, Florida Statutes, as amended. B7.04-2 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 Exhibit Two. 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, 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. B7.04-3 Communication and Delivery Expenses • Recurring Reimburseable: cellular (mobile) telephone expenses for members of Core 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 reimbursement. Courier and express mail service is generally considered a Variable Reimburseable expense. B7.04-4 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. B7.04-5 Permit 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. B7.04-6 Computer Expense • Recurring Reimburseable: Costs for lease of laptop computers and printers. for Program Manager, as designated in Exhibit Three, are eligible Recurring Reimbursements. B7.04-7 Office Supplies And Equlament Recurring Reimburseable: Costs for fax machine and other equipment rentals and for consummable office supplies including copy paper designated in Exhibit Three. • Variable Reimburseable Costs for toner, ink cartridges and simlar supplies for fax machines, printers and copiers designated in Exhibit Three. B7.07-8 Miscellaneous Reimbursable Expenses Alt other expenses q,cluded in Exhibit Three or those otherwise requested in advance and approved in writing by the Director or esignQe are eligible for reimbursement as Variable Reimbursements. City Initials B-4 Program Manager !nit JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT B7.05 REIMBURSEMENTS TO SUB -PROGRAM MANAGERS Reimbursable Sub -Program Manager expenses are limitedto 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 herein. ARTICLE B8 COMPENSATION FOR REUSE B8.01 GENERAL It is understood that this Agreement includes the provision for the re -use of documents, plans and specifications, reports,and models, at the City's sole discretion. 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. ARTICLE B9 WAGE RATES SUMMARY JOB CLASSIFICATION Executive Vice President Associate Junior Associate Senior Vice President Senior Project Manager Project Manager Project Coordinator Director Vice President NOTES: MAXIMUM LABOR RATES $430.00 $190.00 $165.00 $226 - $230.00 $145.00 $124.00 $93.00 - $101.00 $136.00 $136.00 - $171.00 ARTICLE B10 ESTIMATE OF FEE AND REIMBURSIBLE EXPENSES As stipulated in the Program Manager's Orange Bowl Fee and Reimbursible Expenses Proposal dated May 11, 2006, which is attached and made a part of this Agreement in Exhibit Three. City Initials B-5 Program Manager I JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT EXHIBIT ONE EXECUTED INSTRUMENT DATED FERUARY 14, 2006 City Initials Exhibit Two Program Manager Initi City of ititaint JOE ARRIOLA City Manager February 14, 2006 Mr. John A, Paccione Senior Vice President Jones Lang LaSalle 701 Brickell Avenue Miami, Florida 33131 Subject: Orange Bowl Renovations -Program Management Services Dear Mr. Paccione: The City has been served with a lawsuit by Hammes Inc. and Hammes Sports Development of Florida, LLC concerning the above referenced subject. The lawsuit includes counts for damages and injunctive relief. Litigation is uncertain. As such, the City cannot make and makes no representation as to the potential outcome of the litigation or the dispute with Hammes Inc. and Hammes Sports Development of Florida, LLC. Although the City intends to continue negotiations and award a contract to the best qualified firm, you need to know that the City may elect not to award a contract or may elect to terminate the contract, after it has been executed, if it deems it to be in its best interest, in light of the lawsuit or dispute with Hammes Inc. and Hammes Sports Development of Florida, LLC.. Additionally, the City may be enjoined from proceeding with the negotiations and the award of the contract. The contract that will be negotiated will include a provision that will allow the City to terminate the contract for convenience, which includes the issues related to the lawsuit or dispute, By signing below you acknowledge that you have been advised of the pending litigation and dispute and that you have elected to proceed with negotiations with the City notwithstanding. Sincere F F.. rement Supervisor rikant Accepted B DEPARTMENT OF CAPITAL IMPROVEMENTS 444 NW 2'd Avenue, 8'" Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT EXHIBIT TWO TRAVEL APPROVAL TEMPLATE City of Miami �y ;• i;- TRAVEL EXPENSE APPROVAL REFERENCE: Laborikk agement Polley Nos.1.77 and `2 16 1 FI Nal Tax No: 04-00063.08i23 1. Treve*anos;Apytoval No(r). rndAmoinip): TA A -S' TA E-•$ I5. 2. Tf S v vsl nqu►at Is for: 0 Employ.. 0 Otlrrsr,(.pedty): & tame;; 4. Tttts: pwW'or tippled tor)c. 010arhnant • Q. OE i.im: 7. Malin0 Addrus 0 8 Pttpo.I:. 0:-00s6nwar Fromr 1O..Deslswdan'Tor t1,. Ora d t spark . 12 rota d ftetars 18.. Waddng.Days Absent:. 14. Cathnafa_d MAleage: 15, Mathod of Taal; O Gfty V.hid. Slip la#14 O PubGecarnaromsrtttan akiine.:Specify type and boa. (Skip to 918; .0 Pilau' ve * (stop to R17) 0 Pnvas VaI (Complete tie 'rip 10:618) 16. i..Dspartin% Ratarirra ;kit? "Tmvei go* '4. Name of AtiUna b. IrRial ttlght,w b4 c. Fala Sarla.Coda O. Nrf2ielf rlri ro n:11 p tare,, *Morena): 11: ... L IR'RELATIONS 118E.CHt,Y Pkifale Vehda Data fieln:btlrsernertt.kt:iisd PI MINN 0991 of brit); AUlhorladJ180610t6. Oek I 1 1 I LS 19..Aceount Code(a) tuba craved: 18. Totat sakria od experua for this t4p (Iiduding tnweipartaorL ,taro. Tama, seminar waft seq.).; 20. Reasondor tnwa,advarue laguest D Bmpoysa yr 'ba rwant npra.ther's nuking days, 0 Twat axperreeia'e.u,raivalytiSh 0 Employee. arwrel°aviary Is lootsron.$60;000: 21..MX. otAdvanoe Nowa Wdi ' 22. Data Check Nradad by 23. Empl rev Na: 2 ' 1 1 26, 1 1 City btanacan/Farenoe Dire aor Dail Dopamine CinrctordDasfg,.. Daft ' t203 Fori 1 clartation: whir -Fiona (iwo« range, priory Issuing Depertunonl. City Initials Exhibit Two Program Manager InitiC:::)1 JONES LANG LASALLE PROFESSIONAL SERVICES AGREEMENT EXHIBIT THREE FEE AND REIMBURSIBLE EXPENSES PROPOSAL DATED MAY 11, 2006 City Initials /% `,1 Y/ Exhibit Three Program Manager Initial Jones Lang LaSalle Professional Services Agreement 6ddblt Three C8y of Miami Program Management Services for the Renovation of 1M Orange Band Stadium Name of Firm: Jona. Lang LaSsae Summary Fee Schedule for Al Pluses _. _.. Fees Expenses _.. No. Area of ResponsBnry to be Performed ....._.. Name _. PositionTask Ma5ytic Pre -Design Design Construction ost conPtr., n Total M ayrticalConstruction Pre -Design Design Construction c.Po Total Total A Core Program ManagementlConstructlsn Management Project Definition - - - - - - Strdeglo Malyels '__.Joan Vick ` Executive Vice Presider+ 103,200 44,720 - - - 147,220 - 147,920 Financial Analysis Larry Benton Associate 208,780 96 800 - 307,580 _ 307 580 FerencS Angels ,Iuttn Bates Consultant 34,320 17 100 - 51,460 51,480 _ ) Prated DaliverY - - - - Program Management Mot Carey Project Executive 311,570 - 107,730 8,553 427,653 - 427,853 Program Management John Pecdone Project Ereaalw - 156,544 60,062 194,814 17.106 428,526 - 428,526 Program Management James Corday ', Vice President - 156016 130.566 485,306 42,621 794,609 - 794,509 Program Menag•m•nt Hank Pohl Senior Project Manager - 100,353 167,988 588,593 54,829 921,741 - 921,741 Program Management Project Manager Project Manager - 129,459 144,454 514,801 47.154 835,668 835.068 Program ManagementProject Manager Project Manager- 129,459 144,464 514,801 47,155 835,869 - 635,869 Program Management Praffci Coordnator Project Coordinator 128,328 107,393 382,722 35,056 S53,497 653,497 - _ Project Operations ....._ - - _ Operations Support Mlchaal0odoy Director 47,678 - - 7,073 64,751 - 54,751 Opralkns Support Shove Froot Vie President 143,034 - 21,219 164,253 - 164,253 A- CumuMew Hours 948,582 660,837 764,966 2,771,767 280,764 5,623847 - - - - - - 6 623,647 B Slemental Staff Project Definition - - - - - - - Protect. Dery Sve _. - _ Project Operations - - - - a8u poR Mbtt Godoy Dvodor .. - - .- Opersibns Suppon Suva Freot licePresident - _ _ .. _ Retell FsasiDlltiy _ _ _ - - Markel Maysls Vice ProWanl Retell Vice President 12,000 -• - - 12,000 - 12,000 Financial Analysts Project AnUyer Retell MalyM 12,900 - •- 12.900 12 900 _ _ _ _ Con/ COMM_ Fusibility _ _ Marti Analysis Vita President 'Hotels Vice President 9,000 9,000 9,000 Financial Analysis Protect Associate Motels Mwdas -... 13,000 • - - 13,000 - 13,000 FinandalMayab Ploted. WebMalyy9t 18,000 18,000 - 18,000 B - C4lmdetM Hours 64,900 44 64,900l 4- _ - - 114.900 300,000 _ 300,000 300,000 . C Supplemental Staff - Sub Program Managers Supplemental Services: _. _ Treseponaeon and Trade ... - • • - - Parking Plrni g - Public Relations -- Community Outreach - - - - C-Cumulative Moue 700,000 • 300,000 - 300,008 Recurring Expenses for Project Related end Cora Staff 32,340 14,958 15,290 88,042 8,396 135,024 135,024 Venabie menses for Project Related and Supplemental Weft 126,815 54,056 52,794 130,733 11,630 376,228 376,228 1 Orand Hours $ 1,213,462 $ 990,837 a 764,695 $ 2,776,767 $ 280,786 i 5,968,747 $ 159,156 $ 89,012 $ 86,084 $ 198,775 $ 16,226 i 511,253 i 0,500.000 Cumulative May 11, 2006 Summary Fee Schedule 1 of 12 May 11, 2006 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium Summary Expense Schedule for All Phases VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: • umptions: Total phase length of 39 months from May 2006 to July 2009 Item No Description Amount per Month orMontle FTE Number of or PTV' Analytical Pro -Design Design Construction t Canpchatrc0o Total 1 Computer Software $478 20 1,150 1,700 1,500 5,100 - 9450 2 Local Courser stimate $477 39 4,680 1,920 1,600 9,600 600 18,800 ® 4 Outside R • ..,•,yL • 'al $845 39 7 800 1 600 2 580 18 000 3 000 32 960. FaxCartridges(Small Office 6108 39 - :. • :... 2,400 200 4,200 5 Fax Cartridges Additional larger HP Machine- Field Office $215 30 _ - 1,600 1,600 4,800 400 8,400 8 ; Printer Cartridge -add Office 8108 39 893 2,400 200 4,200 7 ravel - Rental Cars Suppbmantrl Staff $50 - 39 780 320 320 480 40 1,940 8 ravel - Air Fire (To -From) Supplemental Stag $105 39 1,950 640 480 960 80 4.110 9 Travel- Hotels Supplemental Staff S109 39 1,950 640 640 960 : • 4,270 10 Travel- Meals Supplemental Staff 325 39 390 160 160 240 20 970 11 Travel - Misc. SupplernentM Staff _____ , $5 39 98 20 20 60 5 203 12 Travel'- Parking FLL Supplemental Stag $12 39 195 80 80 120 10 485 13 Trivet - Parking MIA SStaff ta Supplementalsza $12�3��®� #OIVroI 0 - - - 2,400 200 485 878 2,800 .. 15 Meld es � Glasses/Ear 16 Cagy Paper.... ._....._.... $274 39 _... 3,900 800 800 4,800 400 10,700 17 - Couriers, Messengers ^....... $352 39 4,680 1,920 1,920 4,800 400 13,720 18 Mist. Office Supplies (Fofder(Bnder/PenGYPen/Posif/CD/Noteb ook) 5377 ...... _ 39 _ 3,900 1,600 1,600 7,200 400 14,700 20 CM Phone Service S47 39 - 341 140 210 1,050 105 1,848 21 Perking Mewl) 58 39 98 40 40 120 10 308 136,024 _. -. Told 32,340 14,5611 16,210 66,042 6,306 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Pro ect No.: �.__ shipping (WIMin Florida -Miami, Next Day, 1 Lb.) $218 39 938 384 768 6,000 400 8,488 23 Shipping (Min Fbrida-Mares, Next Day, S Um)5481 39 4,368 1.792 1,792 9,800 1,200 18,752 24 Travel - Raft' Cars Cora Conahuctlm Mont $945 39 14,820 6,080 8,080 9,120 760 36,860 25 Travel - Pikfus(ToFrom)Cors 'Propram/Construction Mont $2.002 39 37,050 12,160 9,120 18,240 1,520 78,090 26 Trawl- Hotels tore ProptamXAnstucton Mgmt $2,080 39 37,050 12,180 12,160 18,240 1,520 81,130 27Travel - Meals Core Program $473 39 7,410 3,040 3,040 4,580 380 18,430 28 Travel- Misc. Core Pfopralutons5ULtIOn $99 39 1,853 380 380 1,140 95 3,848 20 Travel - Panting FLL CO M Construction #AO•r•t =. $236 39 3,705 1,520 1,520 2,280 190 9,215 30 Travel - Partenp M(A Gore Program/Conetrucdon MOmt 5238 39 3,705 1,520 1,520 2,280 190 9,215 31 Mileage Core Program/Construction Mgmt S322 39 3,705 1,520 1,824 5,123 380 12,552. 32 Cell Phone Service $899 39 8,484 2,680 3,990. 19,950 1,995 35,079 33 Packing(Vlsitocs) _ 6158 39 1,950 800 800 2,400 200 6,150 34 1 one (Bel South) 5215 39 2,400 1,800 1,800 2,400 400 8,400 35 Laptop Lease $831 19.8 1,380 2,040 1 800 10,200 1,000 16,420 38 Color a B/W Printer Lease _...__-_. $323 39 - 2,400 2 400 7,200 600 12,800 37 Copier Lease __.._. $538 39 - 4,000 4,000 12,000 1,000 21,000 Total 125,816 64,068 62,794 130,733 11,530 376,228 Summary Reimbursable Sch 2 of 12 City of Miami Program Managemend Services forth Renovation of the Orange Bowl Stadium Name of Farm: Jones Lang LaSalle Phase: Malytiul Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number: 05-06-022 Project Number. Submittal Date: 02i082005 Phase Length: May 2006 to July 2009 _...._. No. Area of Reeponaidlity _- ... Task to be Performed Name — Position Ud9zation Percentage rcentag Duration (In Hours ) Hourly Rates _. _.. Totals --Variable Rermb. ExpensesRecurring from Expense VJerkstheet ( ) Reim. Expenses (From Expanse Worksheet) a Comment Clarifiwti,ms, Remarks Remarks A Core Program Management/Constructlon Management _.. Project Deflnrtion Strategic Analysis John Vick Executive Vice President 20 240 430 $103.,200 20% for six months Financial Analysis Larry Benton Associate- 100 1100 190 $208,780 100% for seven months Financial Analysis Justin Bates ConsuHant 20 208. 165 $34,320 20% for six months Project Delivery _ - Program Management Ann Carey Project Exeanive -- Vanes 1347 231 $311,570 Length of Phase Program Management_ John Pavaone Projeal Exeafive S0 Program Management James Cowdery Vice President S0 Program Management Hank Pohl Senior Project Manager $0 Program Management Project Manager.,. Project Manager 50 Program Management PredManager —. Project Manager _ _.... 30 — m PrograManagement Project Coordinator Pmlect Coordinator 50 -.. - Project Operations _ _.. .... ....... Operations Support Michael Godoy __._ Director Varies 351 138 $47,678 Length of Phase _ Operations Support Steve Root_ Vice President -. Varies 954 150 $143,034.Length of Phase ...._ ._ ...... A. Cumulative Hours _.�. 4199 _... _. $848 582 $ - $ - B Supplemental Staff Project Definition _. _ — s Project Delivery_._ ...._. _ _.. Project Operations �. Retail Feasib$lty Market Analysts Vice President Retai Vice President Varies 40 300 $12,000 Six months Financial Analysis Project Analyst Rated Analyst Vanes 86_.—.._. 150 $12,800 Six months Conf Center Feasibility_ Market Analysis Vice President Hotels Vice. President Varies 30 300 $9,000 Six months Financial Analysis Project Associate Hotels Associate Varies 85 200 $13,000 Six months Financial Analysis Project Analyst Hotels Analyst — Varies 120 150 $18,000 Six months B B. Cu-Mutative Howe 341 _ $64,800 _.. $ - $ C Supplemental Staff - Sub Program Managers Supplemental8ervlces: To be provided =—_ _. $300,000 - Transportation and Traffic Parking Ptaming _4... Public Relations _... Community Outreach ._. C - Cumulative Hours 0 $300,000 $ - $ - 1 Grand Cumulative Hour 4540 $ 1,213,482.00 $ 32,340.2., $ 128,815.25 May 11, 2006 Analytical Phase Fee Schedule 3 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium ANALYTICAL PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 39 months from May 2006 to July 2009 / Total phase hours of 4640 divided by 1900 hours per FTE equals 2.3 FTE's for this phase Item No Description Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software $500 2.3 $1,150 2 Local Courier (Estimate) $120 39 $4,680 3 Outside Reprographics $200 39 $7,800 4 Fax Cartridges (Smal B & W )- Field Office $0 39 $0 5 Fax Cartridges Additional Larger HP Machine- Field Offices. $0 39 $0 6 Printer Cartridge- Field Office S0 39 $0 7 Travel - Rental Cars Supplemental Staff 5400 39 $780 8 Travel,Air Fare (To -From) Supplemental Staff 51,000 39 $1,950 9 Travel - Hotels Supplemental Staff $1,000 39 $1,950 10 Travel - Meals Supplemental Staff $200 39 $390 11 Travel - Misc. Supplemental Staff $50 39 198 12 Travel - Parking FLL Supplemental Staff 5100 39 $195 13 Travel - Parking MIA Supplemental Staff 5100 39 $1.95 _ 14 Mileage Supplemental Staff $120 39 $234 15 Field Vest/Safety Glasses/Ear Plug/Gloves $0 0 $0 16 Copy Paper $100 39 $3,900 17 Couriers, Messengers _ $120 39 $4,680 18 Misc. Office Supplies (Folder/Bind er/Penc31/Pen/Posi1/C D/Notebook) $100 39 $3.900 20 Cell Phone Service $175 39 _$341 21 Parking (Visitors) $50 39 __ $98 _ Total $32,340.25 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) $24 39 $936 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) 5112 39 A 4 368 24 Travel - Rental Cars Core Program/ Construction Mgmt $400 39 $14,820 25 -Air Fare (To -From) Core Program/Construction Mgmt $1,000 39 $37,050 26 Travel - Hotels Core Program/Construction Mgmt $1,000 39 $37,050 27 Travel - Meals Core Program/Construction Mgmt $200 39 57,410 28 Travel -Misc. Core Program/ConstnictionMgmt $50 39 $1,853_ 29 Travel- Perking FLL Core Construction Mgmt 5100 39 $3J05 30 Travel - Parking MIA Core Program/Construction Mgrnt $100 39 53,705 31 Mileage Core Program/Construction Mgmt $100 39 $3,705 32 Ce8 Phone Service $175 39 $8,484 33 Parkingffsitors) _ $50 39 $1,950 34 T1 line (Bel South) $200 12 $2,400 35 Laptop Lease $600 2.3 $1,380 36 Color & B/W Printer Lease S0 39 S0 37 Copier Lease $0 39 $0 Total S126,815.25 I May 11, 2006 Analytical Phase Reimbursables 4 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Finn: Jones Lang LaSalle Phase: Pre -Design Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number. 05-06-022 Project Number. Submi6al Date: 02)082006 Phase Length: May 2006 to December 2008 No, Area W Reaponaibiy Tank to be Performed Name Position Utilization Percentage Duration On Hours) Hourly Rates Totals Comment, Clarifications, Remarks I l Variable Reimb. enemas I (From Expense Worksheet) 1 Rearming Reim, Expenses (From Expense Workseet) A Core Program Management/Construction Management Project Definition Strategic Analysis John Vick Executive Vlce Preaident 20 104 430 $44,720 20% for three months Finandd Analysis Larry Benton Aasodate 100 520 190 $98,800 100% for three months Financial Ana103 Justin Bates Consultant 20 104 165 $17,160 20% for three months ) Project Delivery Program Management Ann Carey Project Executive S0 Program Management John Pecdone Project Executive 50 693 226 $158,544 Length of Phase Program ManegemeM James Cowdery Vice President Varies 915 171 $158,016 Length of Phase Program Management Hank Pohl Senior Project Manager 50 693 145 $100,353 Length of Phase Program Management Project Manager Project Manager 100 1040 124 $129,459 Length of Phase Program Management Project Manager Project Manager 100 1040 124 5129,459 Length of Phase Program Management Project Coordinator Project Coordinator 100 1387 93 $128,326 Length of Phase Project Operations Operations Support Michael Godoy Director Operations Support Steve Froot Vice President $0 A- Cumulative Haute . 6498 5960,637 $ - $ - B Supplemental Staff Project Definition Project Delivery Project Operations Retail Feasibtlky Market Analysis Vice Preaident Releil Vloe President Finandd Analysis Project Analyst Retai Analyst Conf Center Fesenel ty Markel Analysts _ Vice President Hotels V ce President Financial Analysts Project Associate Hotels Associate Financial Analysis _ Project Analyst Hotels Analyst B - Cumulative Hours 0 $0 S - $ - C Supplemental Staff - Sub Program Managers 8upptmsntd services: Transportatlan and Traffic Parking Planning Public Relations Community Outreach C - Cumulative Hours 0 $ - $ - $ - Grand Cumulative Hours 649E $960,837.00 $ 14,958.00 3 54,056.00 May 11, 2006 Pre -Design Phase Fee Schedule 5 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium PRE -DESIGN PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 8 months from May 2006 to December 2006 / Total phase hours of 6496 divided by 1900 hours per FTE equals 3.4 FTE's for this phase Item No Description Month Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software $500 3.4 $1,700 2 Local Courier(Estimate) 5240 8 $1,920 3 Outside Reprographics 5200 8 51,600 4 Fix -Cartridges (Small B &TIV)- Field Office 5100 8 $800 5 Fax Cartridges Additional Larger HP Machine- Field Office $200 8 51,600 6 Printer Cartridge- Field Office 5100 8 $800 - Travel- Rental Cars Supplemental Staff 5600 8 5320 8 Travel -Air Fare (To -From) Supplemental Staff 51,600 8 $640 9 Travel - Hotels Supplemental Staff $1,600 8 5640 10 Travel - Meals Supplemental Staff $400 8 5160 11 Travel- Misc. Supplemental Staff 550 8 520 12 Travel - Parking FLL Supplemental Staff $200 8 580 13 Travel - Parking MIA Supplemental Staff $200 8 $80 14 Mileage Supplemental Staff 5240 8 596 15 Field Vest/ afety Glasses/Ear Plug/Gloves $0 8 $0 16 Copy Paper 5100 8 5800 17 Couriers, Messengers 5240 8 $1,920 _ 18 Misc. Office Supplies (Folder/Binder/Pencil/Pen/Posit/CD/Notebook)5200 8 $1,600 20 ' Cell Phone Service $350 8 5140 21 Parking (Visitors) 5100 8 540 Total $14,956.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping(fYithin Fonda -Miami, Next Day, 1 Lbs) $48 8 5384 23 Shipping (vMthin Florida -Miami, Next Day, 5 Los) 5224 8 $1,792 24 Travel - Rental Cars Core Program/ Construction Mgmt 5800 8 56,080 25 Travel - Air Fare (To -From) Core Program/Construction Mgmt $1 600 8 $12,160 26 Travel - Hotels Core Program/Construction Mgmt $1,600 8 $12,160 27 Travel - Meals Core Program/C struction Mgmt $400 8 $3,040 28 Travel - Misc. Core Program/Construction Mgmt 550 8 5380 29 Travel- Parking FLL Core Construction Mgmt $200 8 $1,520 30 Travel - Parking MIA Core Program/Construction Mgmt $200 8 $1,520 31 Mileage Core Program/Construction Mgmt 5200 8 51,520 32 Cell Phone Service 5350 8 $2,660 33 Parking (Visitors) 5100 8 $800 34 T1 line (Bell South) 5200 8 $1,600 35 Laptop Lease $800 3.4 52,040 36 Colon& -B/W Printer Lease $300 6 $2,400 37 Copier Lease $500 8 54,000 l✓ Total $54,056.00 1 May 11, 2006 Pre -Design Phase Reimbursables 6 of 12 City of Miami Program Management Services for the Renovation of the Orange Bow( Stadium Name of Finn: Jones Lang LaSalle Phase: Design Jones Lang LaSalle Professional Services Agreement Exhiblt Three RFI Number. 65-06022 Project Number. Submittal Date: 02/082006 Please Length: January 2007 to August 2007 Area of Responsibility1 Task to be Performed Name Position Utilization Percent Duration (In Hours) Hourly Rates Totals Comment, Clarifications. Remarks Variable Ralmb. ExpensesReverting (From Expense Workstteet) Reim. ExpensesNo. (From Expense v, orkaheet) A Core Program Management/Construction Management Project Dagnl6on Strategic Analysis John tick Executive Vice President Financial Analysis Larry Benton Associate Financial Analysis Justin Bates Consultant Protect Delivery Program Management Ann Carey ProjectExecutive f0 Program Management John Pacciaa Project Executive Varies 258 233 $60,062 Length of Phase Program Management James Coadery Vice President 66 744 175 $130 566 Length 0f Phase Progran Management Hank Pohl Senior Project Manager 100 1127 149 $167,966 Length of Phase ` Program Management Project Manager Project Manager 100 1127 128 $144 454 Length of Phase ` Program Management Project Manager Project Manager 100 1127 128 $144,454 Length of Phase gr Proam Management Project oordinator C Project Coordrator 100 1127 95 $107 393 Length 01 Phase Project Operations Operations Support Mic ael Goday Director Operations Support Steve Hoot Vice President A - Cumulative Hours 5510 5754,895 $ - $ - B Supplemental Staff Project Definition Project Delivery _...... Project Operations Retail Feasibility Market Analysis ' Vice President Retail Vice President Financial Analysis Project Analyst Retail Analyst Cora Center Fesstbl(Ity Market Analysis ViCO President Hotels Vice President Financial Anelysb Project Associate Hotels Associate Financial Analysis Project Analyst Hotels Analyst B - Cumulative Hours 0 f0 $ - $ - C Supplemental Staff - Sub Proem Managers Supplemental Services: - Transportation and Traffic Pada g Planning Public Relations Community Outreach C - Cumulative Hours 0 $ - $ - $ - Grand Cumulative Hours 5510 $754,895.00 $ 15,290.00 $ 52,794.0C May 11, 2006 Design Phase Fee Schedule 7 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium DESIGN PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 8 months from January 2007 to August 2007 1 Total phase hours of 5510 divided by 1900 hours per FTE equals 3.0 FTE's for this phase item No Description Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software _ $500 3 $1,500 2 Local Courier (Estimate) $200 8 $1,600 3 Outside Reprographics $320 8 $2,560 4 Fax Cartridges (Small B & W)- Field Office $100 8 $800 5 Fax Cartridges Additional Larger HP Machine- Field Office 5200 8 $1,600 6 Printer Cartridge- Field Office $100 8 $800 7 Travel - Rental Cars implemental Staff $800 8 $320 8 Travel - Air Fare (To -From) Supplemental Staff $1,200 8 S480 9 Travel - Hotels Supplemental Stag $1,600 8 $640 10 Travel - Meals Supplemental Staff $400 8 $160 11 Travel - Misc. Supplemental Staff $50 8 $20 12 Travel - Parking FLL Supplemental Staff 5200 8 $80 13 Travel - Parking MIA Supplemental Staff $200 8 $80 14 Mieape Supplemental Staff $200 8 $80 15 Field Vest/Safety Glasses/Ear Plug/Gloves $0 8 $0 18 Copy Paper $100 8 $800 17 Couriers, Messengers $240 8 51,920 18 Misc. office Supplies (Folder/BinderIPenc1/PenJPosWCD/t4otebool) $200 8 $1,600 20 Ca Phone Service $525 8 $210 21 Parking (Visitors) $100 8 $40 Total $15,290.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) $96 8 _ $768 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) 5224 8 _ $1,792 24 Travel - Rental Cars Core Program/ Construction Mgmt $800 8 $6,080 25 Travel - Air Fare (To -From) Core Program/Construction Mgrrlt $1,200 8 $9,120 28 Travel - Hotels Core Program/Construction Mgmt $1,600 8 $12,160 27 Travel - Meals Core Program/Construction Mgrnt $400 8 $3,040 28 Travel - Miss Core Program/Construction Mgmt $50 8 $380 29 Travel - Parking FLL Core Construction Mgmt $200 8 $1,520 30 Travel - Parking MIA Core Program/Constnicion Mgmt $200 8 $1,520 31 Mileage Core Program/ConstructionMgmt $240 8 $1,824 32 Cell Phone Service $525 8 $3,990 33 Parking (Visitors) $100 8 $800 34 T1 line (Bel South) $200 8 $1,600_ 35 Laptop Lease $600 3.0 1,800 38 Color & B/W Printer Lease $300 8 $2,400 37 Copier Lease $500 8 $4,000 I Total S52,794.00 May 11, 2006 Design Phase Reimbursables 8 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Throe City of Mbml Program Management Services for the Renovation of the Orange BoM Stadium Name of Firm Jones, Lang LaSalle Phase: Constitution RFl Number. 05-06-022 Project Number. Submittal Dab: 02/082006 Phase Length: June 2007 to May 2009 No. Teak b De Performed ed:. Name Position Percentage Duration Hours) pn Hourly Rates Totals Comment, CWNiottions, Remarks f imb. Expenses (From Exariable pense Workaheet) Rewiring Reim, Expenses (From Ex�erhse WorkaMet) A Core Program Management/Construction Management Project Dendeon— SirsteglcMelysie John Veit ... Exeadive Vies President Flnandal..Analysis Larry Benton ...—Aiaodate Financial: Analysis Justin Bates Constable! Project every e Program Management Ann Carey _ Project Exeartive Varies 451 239 5107,730 Length of Phase Program Management Join Piccione Project Executive 20 815 239 $194,814 Length of Phase Frogman Management Jemeet..r•ovrdery Vice President 66 2574 181 5465,306 Length of Phase Program Management Hank Pol4 Senior PmLed Manager 100 3900 153 S598,593 Length of Phase :Program Management Pmj Mw alter ProieA 1danagpr 100 3900 132 5514 1301 Length of Phase Program Management Project Manager Project Manager 100 3900 132 5514,801 Length of Phase Program Management Project Coordinator Proved Coordinator 100 3900 98 $382,722 Length of Phase Project Operations .. _ Operations Support Michael Godoy .. Director Operations SoPlicl Steve Froot _. V+ce President A - Cumulative Hors 19440 S2,77a 787 S S B Supplemental Staff Protect Definition Project Delivery Project Operations Retail FeaewItty Market Analysts Vice President Retail Vice President Financial M9Iyais Project Analyst Rebl Analyst Corrt,._CwHat Feasibility Market Mahau Vice President Hotels Vice President Financial. Analysis Project Associate Hotels Associate Financial. Mallsis Project Analyst Hotels Analyst B- Cumulative Hours 0 50 S - S - C Supplement& Staff - Sub Program Managers Supplem n0l'. Services: Transportation and Traflc Parting Planning Pubic Relations _. Community Oubeach .__ C - Cumulative Hors 0 5 - 5 - $ - Grand CuraUattve Hours 19440 S 2,778,767 S 88,042.00 5 130,733.00 May 11, 2006 Construction Phase Fee Schedule 9 of 12 Jones Lang LaSalle Professional Services Agreement Exhibtt Three Program Management Services for the Renovation of the Orange Bowl Stadium CONSTRUCTION PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 24 months from June 2007 to May 2009 / Total phase hours of 19,440 divided by 1900 hours per FTE equals 10.2 FTE's for this phase Item No Description Amount per Month or Number of Months or FTE's Base UnK Cost Total Fee Remarks 1 Computer Software 5500 10.2 $5,100 2 Local Courier (Estimate) 5400 24 $9,600 3 Outside Reprographics 5750 24 $18 000 4 Fax Cartridges (Smal B & W )- Field Office 5100 24 $2,400 5 Fax Cartridges Additional Larger HP Machine- Field Office 5200 24 54,800 8 Printer Cartridge- Field Office -_ __ 5100 24 $2,400 7 Travel - Rental Cars Supplemental Staff_ 5400 24 5480 8 Travel - Air Fare (To -From) Supplemental Staff 5800 24 5960 9 Travel - Hotels Sugplernental Staff 5800 24 5960 10 Travel - Meals Supplemental Staff 5200 24 5240 11 Travel -Misc. Supplemental Staff 550 24 560 12 Travel - Parking FLL Supplemental Staff 5100 24 5120 13 Travel - Parking MIA Supplemental_ Staff $100 24 _ 5120 14 Mileage Supplemental Staff 5360 24 5432 15 Field Vesf/Safetysses/Ear Plug/Gloves 5100 24 52,400 16 Copy Paper 5200 24 $4 800 17-- Couriers, Messengers 5200 24 $4,800 18 Misc. Office Supplies — (Folder/Binder/Penci/Pen/Posit/C D/Notebook) 5300 24 $7,200 20 Cell Phone Service 5875 24 $1,050 21 Parking (Visitors) 5100 24 5120 Total 566,042.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) 5250 24 $6,000 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) 5400 24 $9,600 24 Travel - Rental Cars Core Program/ Construction Mgmt $400 24 $9,120 25 Travel -Air Fare (To -From) Core Program/Construction Mgmt $800 24 $18,240 28 Travel - Hotels Core Program/Construction Mgmt 5800_ 24 $18 240_ 27 Travel - Meals Core Program/Construction Me mt 5200 24 $4,580 28 Travel- Misc. Core Program /Constrtruction Mgmt 550 24 51,140 29 Travel - Parking FLL Gore Construction Mgmt 5100 24 $2,280 30 Travel - Parking MIA Core Program/Construction Mgmt 5100 24 52,280 31 Mieage Core Program/Construction Mgmt 5215 24 $5,123 32 Cell Phone Service 5875 24 519,950 33 Parking Niisitors) 5100 24 52,400 34 T1 line (Bell South) 5200 12 52,400 35 Laptop Lease $1,000 10.2 $10,200 36 Color & B!W Printer Lease 5300 24 57,200 37 Copier Lease $500 24 $12,000 Total $130,733.00 May 11, 2006 Construction Phase Reimb Exp 10 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Firm: Jones Lang LaSalle Phase: Post -Construction Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number. 05-06-022 Project Number. Submittal Date: 02/082006 Phase Length: June 2009 to July 2009 No. Area 01 ResponsibilityName Task to be Performed Position Utlization Percentage Duration (InHourly Hours) Rates Totals Comment, Clarifications, Remarks Variable Relmb. ExpensesReaming (From Expense Worksheet) 1 Reim. Expenses (From Expense Worksheet) A Core Program Management/Constructlon Management Project Definttlon Strategic Analysis Finandal Analysis Larry Benton Associate Financial Analysis Justin Bates Consultant Project Delivery Program Management Ann Carey Project Executive Varies 35 244 $8,553 Length of Phase Program Management John Paccione Prcjed Executive 20 89 248 $17,106 Length of Phase Program Management James Cowdery Yoe President 66 229 186 $42,621 Length of Phase 1 Program Management Hank Pohl Senior Project Manager 100 347 158 $54,829 Length of Phase Program Management Prclect Manager Project Manager 100 347 138 $47,154 Length of Phase Program Management Project Manager Project Manager 100 347 136 647,155 Length of Phase .,‘\*) Program Management Project Coordinator Project Coordinator 100 347 101 335,056 Length of Phase - Proi•ct OPorldo Operations Support NOchael Godoy Director Varies 52 136 $7,073 Length of Phase Operations Support --Steve Froot Vice President Varies 141 160 $21,219 Length of Phase A - Cumulative Hours 1914 $280,766 8 - $ - B Supplemental Staff Project Defottlon Project Delivery Project Operations Retail Feasibility Market Analysis VIem President Reta1 Vice President Finandd Analysts Project Analyst Retell Analyst Conf Center Feasibility Market Analysis Vioe President Hotels Vice President Finandal Analysis Project Assodate Hotels Associate Flnandd Analysis Project Analyst Holds Analyst El- Cumulative Hours 0 SO S - S - C Supplemental Staff - Sub Program Managers Supplemental Services: Transportation and Traffic Parldng Planning Pudic Relations Community Outreach C - Cumulative Hours 0 $ - $ - $ - 1914 $ 280,766 May 11, 2006 Post -Construction Phase Fee Sch 11of12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium POST -CONSTRUCTION PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 2 months from June 2009 to July 2009 / Total phase hours of 1914 divided by 1900 hours per FTE equals 1.0 FTE's for this phase Item No Description Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software S0 1.0 SO 2 Local Courier (Estimate) $400 2 3800 3 Outside Reprographics $1,500 2 $3,000 4 Fax Cartridges (Small B & W )- Field Office $100 2 3200 5 Fax Cartridges Additional Larger HP Machine- Field Office $200 2 3400 6 Printer Cartridge- Field Office 3100 2 $200 7 Travel - Rental Cars Supplemental Staff $400 2 $40 8 Travel -Air Fare (To -From) Supplemental Staff $800 2 580 9 Travel - Hotels Supplemental Staff $800 2 $80 10 — Travel ®Meals Supplemental Staff $200 2 $20 11._ Travel -Misc. Supplemental Staff $50 2 $5 12 Travel - Parking FLL Supplemental Staff 5100 2 $10 13 Travel - Parking MIA Supplemental Staff $100 2 510 14 MAeage Supplemental Staff $380 2 $36 15 Field Vest/Safety Glasses/Ear Plug/Gloves 5100 2 $200 16 Copy Paper $200 2 _ $400 17 Couriers, Messengers 5200 2 $400 18 Misc. Office Supplies (Folder/Binder/Penciil/Pen/Pos1UCDMOtebook) 5200 2 5400 20 Cell Phone Service $1,050 2 5105 21 Parkin (Visitors) 5100 2 510 Total $6,396.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) 3200 2 5400 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) $600 2 $1,200 24 Travel - Rental Cars Core Program/ Construction Mgmt 5400 2 $760 25 Travel -Air Fare (To -From) Core Program/Construction Mgmt, 5800 2 $1,520 28 Travel- Hotels Core Program/Construction Mgmt 5800 2 $1,520 27 Travel - Meals Core ProgranVConstruction Mgmt $200 2 $380 28 Travel - Misc. Core Program/Construction Mgmt 550 2 595 29 Travel - Parking FLL Core Construction Mgmt 3100 2 5190 30 Travel - Parking MIA Core Program/Construction Mgmt $100 2 5190 31 Mileage Core Program/Construction Mgmt 5200 2 $380 32 Cep Phone Service 51,050 2 $1,995 33 Parking (Visitors) 5100 2 $200 34 Ti line (Bel South) $200 2 3400 35 Laptop Lease 51.000 1.0 51,000 36 Color & B/W Printer Lease $300 2 5600 37 Copier Lease $500 2 51 0 I Total $0 00 11 May 11, 2006 Post -Construction Phase Reimb 12 of 12 City of Ittfamf JOE ARRIOLA City Manager February 14, 2006 Mr. John A. Paccione Senior Vice President Jones Lang LaSalle 701 Brickell Avenue Miami, Florida 33131 Subject: Orange Bowl Renovations -Program Management Services Dear Mr. Paccione: The City has been served with a lawsuit by Hammes Inc. and Hammes Sports Development of Florida, LLC concerning the above referenced subject. The lawsuit includes counts for damages and injunctive relief. Litigation is uncertain. As such, the City cannot make and makes no representation as to the potential outcome of the litigation or the dispute with Hammes Inc, and Hammes Sports Development of Florida, LLC. Although the City intends to continue negotiations and award a contract to the best qualified firm, you need to know that the City may elect not to award a contract or may elect to terminate the contract, after it has been executed, if it deems it to be in its best interest, in fight of the lawsuit or dispute with Hammes Inc. and Hammes Sports Development of Florida, LLC.. Additionally, the City may be enjoined from proceeding with the negotiations and the award of the contract. The contract that will be negotiated will include a provision that will allow the City to terminate the contract for convenience, which includes the issues related to the lawsuit or dispute. By signing below you acknowledge that you have been advised of the pending litigation and dispute and that you have elected to proceed with negotiations with the City notwithstanding. Sincere rikant ro irement Supervisor Accepted By: (4)Oki lti� DEPARTMENT OF CAPITAL IMPROVEMENTS 444 NW 2nd Avenue, 8m Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 Jonas Lang LaSalle Professional Services Agreement Exhibit Three City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Firm: Jones Lang LaSalle Summary Fee Schedule for All Pluses Fees Expenses No. Area of Responsibility Task to be Performed Name Posltlon Analytical Pre -Design Design Construction Construction Total Total Analytical Pre -Design Design COnstuction Post Construc on Total Total A Core Program Management/Construction Management Project Definition - - Strategic Analysis John Yrak Executive Vice President 103,200 44,720 - - - 147,920 - 147,920 Financial Analysis Larry Benton - Associate 208,780 98,800 - - - 307,580 - 307,580 Financial Analysis Justin Bates Consultant 34,320 17,160 - - 51,480 - 51,480 Project Delivery - _ - - Program Management Ann Carey Project Executive 311.570 - 107.730 8,553 427,853 - 427,853 Program Management John Paerbne Project Executive _ 156,544 80,062 194.814 17,108 429,528 - 428,528 Program Management James Cow8ery Vice President - 155,016 130,568 485,306 42,621 794,509 794,509 Program Management Hank Pohl Sentor Protect Manager - 103,353 187,966 598,593 54.829 921,741 - 921,741 Program Management Project Manager Project Manager 129,451 144,454 514,801 47,154 835.888 835,888 Program Management Project Manager Project Manager - 129,459 144.454 514.801 47,155 835,889 835,889 Program Management Coo�rdJin�ator Project Coornnator - 128,326 107,393 382,722 35,058 657407 - 853,497 Project Operations - - - - Operations Support Mienael Godoy Director 47 678 • - - 7,073 54,751 - 54 751 Operations Support Steve Froot Vice President 143,034 - - 21,219 184.253 - 154,253 A _ Cumulative Hours 848 682 960,837 764,996 2,778,767 280 766 6,623,647 - . . - - - 6,623,947 8 Supplemental Staff Project Definition - - - - ' - - Project Delivery - - - - - - - - ProjaetOperations - - - Operations Support Michael Godoy Director, - • . - - - operations Support Steve Froot Vice President - • - - - - - - Retail Feasibility - - - - - - MarkelMaysis Vice President Retail Yoe President 12,000 - - 12,000 - 12,000 Financial Analysis Project Analyst Retail Analyst 12 900 - - - 12,900 - 12,900 ___.._. - - - _ Conf Canter Feasibility ..... _.._ - - Market Analysis Yrce President _ Hotels Vice President 9,000 . - - 9,000 - 9,000 Financial Analysis Project Associate Hotels Associate 13,000 • - - 13,000 - 13,000 Flnanroal Analysis Project Analyst. Hotels Analyst 18,000 - - _ 18,000 - 18,000 8 - Comula••tive House 64,900 - _ - 64,900 - _ - 64,900 300,000 • - - • • 300 000 - 300,000 C Supplemental Staff - Sub Program Managers 8upplenuntal Services: Trans or�rtation and Traffic - - - - _ - - - Parking Planning - • - ` _ _ - - - Public Relations • - . . - - - Community Outreach . - - - - - - - C • Cumulative Hour 300,000 - , - 300,000 - 300,000 Recurring Expenses for Project Related end Corn_BLI} 32,340 14,956 15,290 68,042 8,396 135,024 135.024 VII IfillW Eapenaes for Project Raratadand Supplemental Staff 128.815 54.056 52,794 130,733 11,830 378,228 376,228 grand Cumulative Hours $ 1,213,482 3 980,837 1 754,895 3 2,778,787 $ 280,788 $ 5,988,747 3 159.158 $ 69.012 $ 88.084 $ 196,775 $ 18,226 $ 511,253 $ 8,500,000 May 11, 2006 Summary Fee Schedule 1 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium Summary Expense Schedule for All Phases VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: i ssumptions: Total phase length of 39 months from May 2006 to July 2009 Item No Description Amount per Month or FTE Number of Monthsor FTE Analytical ' Pre -Design Design Construction Post ConstructionTotal 1 Comp t oftware 5478 20 1,150 1,700 1,500 5,100 - 9,450 2 Local Courier (Estimate: 5477 39 4,680 1,920 1.600 9,600 800 18,600 3 Outside Reprographics $845 39 7,800 1 600 2,560 18,000 3 000 32,960 4� Fax Cartridges (Small 9 8 W )- Field offi 5108 39 - 800 800 2,400 200 4,200 5 Fax Cartridges Additional Larger HP Machine- Field Office 5215 39 - 1,600 1,600 4,800 400 8.403 6 Printer Cartndge- Reid Office 5108 39 - B00 800 2,400 200 4,200 7 Travel - Rental Cars Supplemental Staff 550 39 780 320 320 480 40 1,940 8 Travel - Alr Fee (To -From) Supplemental Staff 6105 39 1,950 640 480 960 80 4,110 9 Travel - Hotels Supplemental Start 5109 39 1,950 640 640 960 80 4,270 10 Travel - Meals Supplemental Staff 525 39 390 160 150 240 20 970 11 Travel - Misc. Supplemental Stan 55 39 98 20 20 60 5 203 12 Travel • Perking FLL Supplemental Staff 512 39 195 80 80 120 10 485 13 Travel - Parking MIA Supplemental Staff 312 39 195 80 80 120 10 485 14 Mileage Supplemental Sta>( 523 39 234 96 80 432 38 878 15 FeldVest7Safety Glasses/Ear Plug/GlovesftDIVl01 0 - - - 2,400 200 2,600 16 Copy Paper 5274 39 3,900 800 800 4,800 400 10,700 17 Couriers Messengers 5352 39 4,680 1,920 1,920 4,800 400 13,720 18 Misc. Office Supplies (Folder/Blnder/PenciVPrnPosit/CD/Noteb oak) 5377 39 3,903 1,600 1,600 7,200 400 14,700 20 Ceti Phone Service _ 547 39 341 140 210 1,050 105 1,846 21 Paddr (Visitors) 58 39 98 40 40 120 10 308 Total 32,340 14,956 15,290 68,042 6,396 135,024 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (WBhln Florida -Miami, Next Day, 1 Lbs) 6218 39 936 384 768 6,000 400 8.488 23 Shipping Within FbridaJNlami, Need Day. 5 Ws) 5481 39 4,368 1.792 1,792 9,600 1.200 18,752 24 Travel - Rental Cars Core Program/ construction Mgmt $946 39 14,820 6,680 6,080 9,120 760 36.860 25 Travel - Air Fare (Torom) Core Pr_ Mgmt 52,002 39 37,050 12,160 9,120 18,240 1,520 78,090 26 Travel - Hotels t s Core Prograrn/Construcbon Mgm1 32,080 39 37.050 12,160 12,160 18,240 1.520 81.130 27 Travel - Meals Core Program/Construction 'Mgmt 5473 39 7,410 3.040 3.040 4.560 380 18,430 28Trgmt 'tee Program/Construction599 39 1,853 380 380 1,140 95 3,848 29 Mrt- Partdng. FLL Core Construction 5236 39 3,705 1.620 1.520 2,280 190 9,215 30 Travel -Parking MIA Core Program/Construction Mgnit $238 39 3,705 1,520 1,520 2,280 190 9,215 31 Mileage Core Progran Constnxtion Mgmt 5322 39 3,705 1,520 1,824 5,123 380 12,552 32 Ceti Phone Service ...._ ... 5899 39 6.484 2,660 3,990 19,950 1,995 35.079 33 Parking (Vis4tors) 5158 39 1,950 800 800 2,400 200 6,150 34 T1 line (Bell South) - 5215 39 2,400 1,600 1,600 2,400 400 8,400 16,420H 35 Laptop Lease 5831 19.8 1,380 2,040 1,800 10,200 1,000 36 Cdor B BIN Printer Lease 5323 39 - 2,400 2,400 7,200 600 12,600 37 Copier Lease 5538 39 - 4,000 4,000 12,000 1,000 21000 Total 126,816 54,056 52,794 130,733 11,830 376,228 May 11. 2006 Summary Reimbursable Sch 2 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Firm: Jones Lang LaSalle Phase: Analytical Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number: 05-06-022 Project Number. Submittal Date: 02/08/2006 Phase Length: May 2006 to July 2009 No. Area of Responsibility Task to be Performed Name Position Utilization Percentage Duration (In Hours) Hourly Rates Totals Comment, Clarifications, Remarks Variable Reimb. Expenses (From Expense Pen Worksheet ) Recurring Rem. Expenses (From Expense worksheee) A Core Program Management/Construction Management Project Definition Strategic Analysis John Vide Executive Vice President 20 240 430 $103,200 20% for six months Financial Analysis LartyBenton Associate 100 1100 190 $208,780 100% for seven months Financial Analysis Justin Bates Consultant 20 208 165 $34,320 20% for six months Project Delivery Program Management Ann Carey ,,. Project Executive Varies 1347 231 $311,570 Length of Phase Program Management John Pacaone Project Executive $0 Program Management James Cowdery Vice President $0 Program Management Hank Pohl Senior Project Manager $0 Program Management _ Project Manager Project Manager $0 Program Management ' Project Manager Project Manager $0 Program Management Project Coordinator - Project Coordinator $0 Project Operations Operations Support Michael Godoy Director Varies 351 136 $47,678 Length of Phase Operations Support SteveFroot Vice President Varies 954 150 $143,034 Length of Phase A • Cumulative Hours 4199 $848.582 $ - $ - B Supplemental Staff Project Definition Project Delivery Project Operations Retail Feasibility Market Analysis Vice President Retail Vice President Varies 40 300 $12,000 Six months Financial Analysis Project Analyst. Retail Analyst Varies es 150 $12,900 Six months • Conf Center Feasibility Market Analysis Vice Pressident Hotels Vice President Varies 30 300 $9 000 Six months Financial Analysis Project Associate Hotels Associate Vanes 65 200 $13,000 Six months Financial Analysis Project Analyst Hotels Analyst Varies 120 150 $18,000 Six months B - Cumulative Hours 341 $64,930 $ - $ - C Supplemental Staff - Sub Program Managers Supplemental Services: To be provided $300,000 Transportation end Traffic Parking Planning Public Relations Community Outreach C - Cumulative Hours 0 $300,000 $ - $ - Grand Cumulative Hours 4540 • $ 1,213,482.00 $ 32,340.2E $ 126,815.25 May 11, 2006 Analytical Phase Fee Schedule 3 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium ANALYTICAL PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Protect No.: Assumptions: Total phase length of 39 months from May 2006 to July 2009 / Total phase hours of 4540 divided by 1900 hours per FTE equals 2.3 FTE's for this phase Item No Description Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Com•uterSoftware $500 2.3 $1,150 2 LocalCourier (Estimate) $120 39 $4,680 3 Outside Reprographics $200 39 $7,800 4 Fax Cartrid•es;Small B & W - Field Office $0 39 $0 5 Fax Cartridges Additional Larger HP Machine- Field Office $0 39 $0 6 Printer Cartrid•e- Field Office $0 39 $0 7 Travel - Rental Cars Supplemental Staff $400 39 $780 8 Travel -Air Fare (To -From) Supplemental Staff $1,000 39 $1,950 9 Travel - Hotels Supplemental Staff $1,000 39 $1,950 10 Traver- Meals Supplemental Staff $200 39 $390 11 Travel - Misc. Supplemental Staff $50 39 $98 12 Travel - Parkin. FLt, Su • • emental Staff $100 39 $195 13 Travel -Parking M1q Su• •lemental Staff $100 39 $195 14 Mlea•e Su• •lemental Stag $120 39 $234 15 Field VesUSafe Glesses/Ear Plug/Gloves $0 0 $0 16 Copy Paper $100 39 $3,900 17 Couriers, Messen•ers $120 39 $4,68D 18 Misc. Office Supplies Folder/Binder/Pencil/Pen/Posit/CD/Notebook $100 39 $3,900 20 Cell Phone Service $175 39 $341 21 Parking (Visitors) $50 39 $98 Total $32,340.25 RECURRING REIMB. EXPENSE FO_R PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: Shipping (Within Florida Miami, Next Day, 1 Lbs) $24 39 1 $936 Shipping (Within Florida Miami, Next Day, 5 Lbs) $112 39 $4,368 24 Travel - Rental Cars Core Program/ Construction Mgmt $400 39 $14,820 25 TMmgmel%U -r Fare (To -From) Core Program/Construction t $1,000 39 $37,050 26 Travel - Hotels Core Pro•ram/Construction Mgmt $1,000 39 $37,050 27 Travel -Meals Core Pr. • ram/Construction Mgmt $200 39 $7,410 28 Travel - Misc. Core t roq am/Construction M•rot $50 39 $1,853 29 Travel - Parking FLL Core Construction Mgmt $100 39 $3,705 30 Travel - Parking WA Core Program/Construction Mgmt $100 39 $3,705 31 Mileage Core Program/Construction Mgmt $100 39 $3,705 32 ell Phone Service $175 39 $6,484 33 Parking (Visitors) $50 39 $1,950 34 T1 line (Bell South) $200 12 $2,400 35 Laptop Lease $600 2.3 $1,380 36 Color & B/W Printer Lease $0 39 $0 37 Copier Lease $0 39 $0 Total $126,815.25 May 11, 2006 Analytical Phase Reimbursables 4 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Firm: Jones Lang LaSalle Phase: Pre -Design Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number. 05-06-022 Project Number. Submittal Date: 02/08/2008 Phase Length: May 2006 to December 2006 No.Area o1 Responsibility Task to be Performed Name Positron Utilization Percentage Duration (In Hours) Hourly Rates Totals Comment, Clartfications, Remarks Variable Reimb. Expenses (From Expense Worksheet) Reverting Reim. Expenses (From Expense Worksheet) A Core Program Management/Construction Management Project Definition Strategic Analysis John Vick Executive Vice President 20 104 430 $44,720 20% for three months Financial Analysis Larry Benton Associate 100 520 190 $98,800 100% for three months Financial Analysis Justin Bates Consultant 20 104 165 $17,160 20%for three months Project Delivery Program Management Arn Carey Project Executive $0 Program Management John Paocione Project Executive 50 693 226 S156,544 Length of Phase Program Management James Cowdery Vice President Vanes 915 171 $156,016 Length of Phase Program Management Hank Pohl Senior Project Manager 50 693 145 $100,353 Length of Phase Program Management Project Manager Project Manager 100 1040 124 $129,459 Length of Phase Program Management Project Manager Project Manager 100 1040 124 $129,459 Length of Phase Program Management Project Coordinator Project Coordinator 100 1387 93 $128,326 Length of Phase Project Operations Operations Support Michael Godoy Director Operations Support Steve Froot Vice President s0 A - Cumulative Hours 6496 $960,837 $ - $ - B Supplemental Staff . Project Definition Project Delivery Project Operations(i Retail Feasibility Market Analysis Vice President Retail Vice President Financial Analysis Project Analyst Retail Analyst Conf Center Feasibility Markel Analysis Vice President Hotels Vice President Financial Analysis Project Associate Hotels Associate Financial Analysis Project Analyst Hotels Analyst B - Cumulative Hours 0 SO $ - $ - C Supplemental Staff - Sub Program Managers Supplemental Services: Transportation and Traffic Parking Planning Public Relations Community Outreach C - Cumulative Hours 0 $ - $ - $ - Grand Cumulative Hours 6496 $960,837.00 $ 14,956.03 $ 54,056.0d May 11, 2006 Pre -Design Phase Fee Schedule 5 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium PRE -DESIGN PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 8 months from May 2006 to December 20061 Total phase hours of 6496 divided by 1900 hours per FTE equals 3.4 FTE's for this phase Item No Description Amount per Month FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software $500 3.4 $1,700 2 Local Coune (Estimate) _ $240 8 $1,920 3 Outside Reprographics S200 8 $1,600 4 Fax Cartridges (Small B & W )- Field Office $100 8 $800 5 Fax, Cartridges Additional Larger HP Machine- Field Offices $200 8 51,600 6 Printer Cartridge- Field Once $100 8 $800 7 Travel - Rental Cars Supplemental Staff $800 8 $320 8 Travel - Air Fare (To -From) S�plemental Staff $1,600 8 $640 9 Travel - Hotels Supplemental Staff $1,600 8 $640 10 Travel - Meals Supplemental Staff $400 8 $160 i 11 Travel - Misc. Supplemental Staff $50 8 $20 12 Trave! - Parking FLL Supplemental Staff $200 8 $80 13 Travel - Parking M1A Supplemental Staff $200 8 $80 14 Mileage Supplemental Staff $240 8 $96 15 Field Vest/Safety Glasses/Ear Plug/Gloves $0 8 $0 16 Copy Paper $100 8 $800 17 Couriers, Messengers $240 8 $1,920 18 Misc. Office Supplies s (Folder/Binder/Penal/Pen/Posit/CD/Notebook) $200 8 $1,600 20 Cell Phone Service $350 8 $140 21 Parking (Visitors) $100 8 $40 Total 314956.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Days 1 Lbs) $48 8 $384 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) $224 8 $1 792 • 24 Travel - Rental Cars Core Program/ Construction Mgmt $800 8 $6,080 25 Travel - Air Fare (To -From) Core Program/Construction Mimt $1,600 8 $12,169 26 Travel -Hotels Core Pro•ram/Construction M•mt $1,600 8 $12,160 27 Travel - Meals Core Program/Construction Mgmt $400 _ 8 $3,040 28 Travel - Misc. Core Program/Construction Mgmt $50 8 $380 29 Travel - Parking FLL Core Construction Mgmt $200 8 $1,520 30 Travel - Parking MIA Core Program/Construction Mgmt $200 8 $1,520 31 Mileage Core Program/Construction Mgmt $200 8 51,520 32 Cell Phone Service $350 8 $2,660 33 Parking (Visitors) $100 8 $800 34 T1 line (Bell South) $200 8 $1,600 35 Laptop Lease $600 3.4 $2,040 36 Color & B/W Printer Lease $300 8 $2,400 37 Copier Lease $50.0 8 $4,000 Total $54,056.00 May 11, 2006 Pre -Design Phase Reimbursables 6 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowi Stadium Name of Finn: Jones Lang LaSalle Phase: Design Jones Lang LaSalle Professional Services Agreement Exhibit Three RFINumber. 05-06-022 Project Number. Submittal Date: 02/08/2006 Phase Length: January 2007 to August 2007 No. Area of Responsibility Task to be Performed Name Positron Utilization Percentage Duration (in Hours) Hourly Rates Totals CommentClarif®l ons, Remarks Variable Reimb. Expenses (From Expense Worksheet) Recurring Reim. Expenses (From Expense Worksheet) A Core Program Management/Construction Management r- Project Definition Strategic Analysis John Vick Executive Vice President Financial Analysis Larry Benton Associate Financial Analysis Justin Bales Consultant Project Delivery Program Management Ann Carey Project Executive $0 Program Management _ John Paocione Project Executive Varies 258 233 S60,062 Length of Phase Program Man Bement JamesCowdery Vice President 66 744 175 S130,566 Length of Phase Program Management Hank Pohl Senior Project Manager 100 1127 149 $167 966 Length of Phase Program Management Project Manager Project Manager 100 1127 128 S144,454 Length of Phase Program Management Project Manager Project Manager 100 1127 128 $144 454 Length of Phase Program Management Project Coordinator Project Coordinator 100 1127 95 $107 393 Length of Phase Project Operations Operations Support Michael Godoy Director Operations Support Steve Froot Vice President A- Cumulative Hours 5510 $754,895 $ - $ 13 Supplemental Staff Project Definition Project Delivery Project Operations Retail Feasibility ' Market Analysis Vice President Retail Vice President Financial Analysis Project Analyst Retail Analyst Conf Center Feasibility Market Analysis Vice President Hotels Vice President Financial Analysis Project Associate Hotels Associate Financial Analysis Project Analyst Hotels Analyst B - Cumulative Hours 0 SO $ - $ - C Supplemental Staff - Sub Program Managers Supplemental Services: Transportation and Traffic Parking Planning Public Relations Community Outreach _ C - Cumulative Hours 0 $ - $ - $ Grand Cumulative Hours 5510 S754,895.00 $ 15,290.00 t $ 52,794.00 May 11, 2006 Design Phase Fee Schedule 7 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium DESIGN PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 8 months from January 2007 to August 2007 / Total phase hours of 5510 divided by 1900 hours per FTE equa{s 3.0 FTE's for this phase Item No . Description Amount per Month or FTE _ Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software $500 3 $1,500 2 Local Courier (Estimate) $200 8 $1,600 3 Outside Reprographics $320 8 $2,560 4 Fax Cartridges (Small B 8 W )- Field Office $100 8 $800 5 Fax Cartridges Additional Larger HP Machine- Field Office $200 8 $1,600 6 Printer Cartridge- Field Office $100 8 $800 7 Travel - Rental Cars Supplemental Staff $800 8 $320 8 Travel - Air Fare (To -From) Supplemental Staff $1 200 8 $480 9 Travel - Hotels Supplemental Staff $1,600 8 $640 10 Travel - Meals Supplemental Staff $400 8 $160 11 Travel - Misc. Supplemental Staff $50 8 $20 12 Travel - Parking FLL Supplemental Staff $200 8 $80 13 Travel - Parking MIA Supplemental Staff $200 8 580 14 Milea;e Supplemental Staff $200 8 $80 15 Field Vest/Safety Glasses/Ear Plug/Gloves $0 8 $0 16 Copy Paper $100 8 $800 17 Couriers, Messengers $240 8 $1,920 18 Misc. Office Supplies (Folder/Binder/Pencil/Pen/Posit/CD/Notebook) $200 8 $1,600 20 Cell Phone Service $525 8 $210 21 Parking(Visitors) $100 8 540 ffi Total $1b 290.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) $96 8 $768 23 Shiping (Within Florida_Miami, Next Day, 5 Lbs) $224 8 $1,792 24 Travel - Rental Cars Gore Program/ Construction Mgmt $800 8 $6,080 25 Travel - Air Fare (To -From) Core Program/Construction g $1,200 8 $9,120 26 Travel - Hotels Core Program/Construction Mgmt $1,600 8 $12.160 27 Travel - Meals Core Program/Construction Mgmt $400 8 $3,040 28 Travel-- Misc, Core Program/Construction Mgmt $50 8 $380 29 Travel - Parking FLL Core Construction Mgmt $200 8 $1,520 30 Travel - Parking MIA Core Program/Construction Mgmt $200 8 $1,520 31 Mileage Core Program/Construction Mgmt $240 8 $1,824 32 Cell Phone Service $525 8 $3,990 33 Parking (Visitors) $100 8 $800 34 T1 line (Bell South' _ $200 8 $1,600 35 Laptop Lease $600 3.0 $1,800 36 Color & B/W Printer Lease $300 8 $2,400 37 Copier Lease $500 8 $4,000 Total $52,794.00 May 11, 2006 Design Phase Reimbursables 8 of 12 City of Miami Program Management Services for the Renovation of the Orange BovA Stadium Name of Flrn: Jones Lang LaSalle Phase: Construction Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number. 05-06-022 Project Number. Submittal Date: 02/08/2006 Phase Length: June 2007 to May 2009 Area of Responsibility ' Task to be Performed Name J Position Utilization Percentage Duration (In Fours) Hourly Rates Totals Comment, Clarifications, Remarks Variable Reimb. Expenses (From Expense Worrsheet) Recurring Reim. Expenses (From Expense Worksheet) A CoreProgram Management/Construction Management Project Definition Strata is Analysis John Vick Executive Vice President Financial f Cysts Larry Benton _ Associate Pinanaal..Anatysis Justin Bates Consultant Project Delivery Program Management Ann Z-arey Project Executve Varies 451 239 $107,730 Length of Phase Progrem Management John Paccrone Project Executive 20 815 239 $194,814 Length of Phase Program Management James Co+vdery Vice President. 66 2574 181 S465,306 Length of Phase Program Management_Hank Pohl Senior Project Manager 100 3900 153 S598,593 Length of Phase Program. Management Project Manager — Project Manager 100 3900 132 $514,801 Length of Phase PFogramMaf gement Project Manager _ Project Manager 100 3900 132 $514,801 Length of Phase Prrogrart lanagement Project CoMinator Project Coordinator 100 3900 98 S382,722 Length of Phase \ - Project Operations -.... Operations Support Michael Godoy ._ Director Operations Support Steve Froot Vice President A - Cumulative Hours 19440 52,778,767 5 - S - B Supplemental Staff Project Definition Project Delivery Project Operations Retail Feasibility Markel Analysis Vow President Retat Vice President Financial Analysis Project Analyst Retail Analyst Conf Center Feasibility Market Analysis Vice President , _ Hotels Vice President Financial Analysis Project Associate — Hotels Associate Financial Analysis Project AnaystJ ,.. Hotels Analyst B - Cumulative Hours 0 S0 S - S - C Supplemental Staff - Sub Program Managers Supplemental Services: Transpoiatian and Traffic Parking Planning Public Relations Community Outreach C - Cumulative Hours 0 S - S - S - Grand Cumulative Hours 19440 S 2.778.767 S 66,042.00 $ 130,733.00 May 11, 200E Construction Phase Fee Schedule 9 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowl Stadium CONSTRUCTION PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 24 months from June 2007 to May 2009 / Total phase hours of 19,440 divided by 1900 hours per FTE equals 10.2 FTE's for this phase Item No . Description Amount per Month or FTE Number of Months or FTE's Base Unit Cost Total Fee Remarks 1 Computer Software $500 10.2 $5,100 2 Local Courier (Estimate) $400 24 $9,600 3 Outside Reprographics $750 24 $18,000 4 Fax Cartridges (Small B & W)- Field Office $100 24 $2,400 5 Fax Cartridges Additional Larger HP Machine- Field Office $200 24 $4,800 6 Printer Cartridge- Field Office $100 24 $2,400 7 Travel - Rental Cars Supplemental Staff $400 24 - $480 8 Travel - Air Fare (To -From) Supplemental Staff $800 24 $960 9 Travel - Hotels Supplemental Staff $800 24 $960 10 Travel - Meals Supplemental Staff $200 24 $240 11 Travel - Misc. Supplemental Staff $50 24 $60 12 Travel - Parking FLL Supplemental Staff $100 24 $120 13 Travel - Parking MIA Supplemental Staff $100 24 $120 J 14 Mileage Supplemental Staff $360 24 $432 15 Field Vest/Safety Glasses/Ear Plug/Gloves $100 24 $2,400 16 Copy Paper $200 24 $4,800 17 Couriers, Messengers $200 24 $4,800 18 Misc. Office Supplies Folder/Binder/Pencil/Pen/Posit/CD/Notebook) $300 24 $7,200 20 Cell Phone Service $875 24 $1,050 21 Parking (Visitors) $100 24 $120 Total $66,042.00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 22 Shipping (Within Florida -Miami, Next Day, 1 Lbs) $250 24 $6,000 . 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) $400 24 $9,600 24 Travel - Rental Cars Core Program/ Construction Mgmt $400 24 $9,120 25 Travel - Air Fare (To -From) Core Program/Construction Mgmt $800 24 $18,240 26 Travel - Hotels Core Program/Construction Mgmt $800 24 $18,240 27 Travel - Meals Core Program/Construction Mqmt $200 24 $4,560 28 Travel - Misc. Core Program/Construction M9rnt $50 24 $1,140 29 Travel - Parking FLL Core Construction Mgmt $100 24 $2,280 30 Travel - Parking MIA Core Program/Construction Mgmt $100 24 $2,280 31 Mileage Core Program/Construction Mgmt $215 24 $5,123 32 Cell Phone Service $875 24 $19,950 33 Parking (Visitors) $100 24 $2,400 34 T1 line (Bell South) $200 12 $2,400 35 Laptop Lease $1,000 10.2 $10,200 36 Color & B/W Printer Lease $300 24 $7,200 37 Copier Lease $500 24 $12,000 Total $130,733.00 May 11, 2006 Construction Phase Reimb Exp 10 of 12 City of Miami Program Management Services for the Renovation of the Orange Bowl Stadium Name of Firm: Jonas Lang LaSalle Phase: Post -Construction Jones Lang LaSalle Professional Services Agreement Exhibit Three RFI Number. 05-06-022 Project Number. Submittal Date: 02/08/2006 Phase Length: June 2009 to July 2009 No. Arse of Responsibility r Task to be Performed Name position Utilization Percentage Duration (In Hours) Hourly Rates Totals Comment, Clarifications, Remarks r Variable Reimb. Expenses - (From Expense VVorksheet) Recurring Reim. Expenses (From Expense Worksheet) , A Core Program Management/Construction Management 1 (\ii Project Dentition Strategic Analysis Financial Analysis Larry Benton Associate Financial Analysis Justin Bates Consultant Project Delivery Program Management Ann Carey Project Executive Varies 35 244 $8,553 Length of Phase Program Management John Pacdone Project Executive 69 248 $17,106 Length of Phase Program Management James Cowdery Wce Presidem 66 229 186 $42.621 LeNth of Phase PrNram Management Hank Pohl Senior -Project Manager 100 347 158 S54,829 Length of Phase Program Management Project Manager Project Manager 100 347 136 $47,154 Length of Phase Program Management Project Manager Prokect Manager 100 347 136 $47,155 Length o1 Phase Program Management Project Coordinator Project Coordinator 100 347 101 $35,056 Length of Phase Project Operations Operations Support Michael Godoy Orrector Varies 52 136 $7,073 Length of Phase Operations Support Stave Froot Vice President Varies 141 150 $21,219 Length of Phase A - Cumulative Hours 1914 $280,766 $ - $ - B Supplemental Staff Project Definition Project Delivery Project Operations _ Retail Feasibility _ Market Analysis Vice President Retail Vice President Financial Analysis Project Analyst Retail Analyst Conf Center Feasibility" Market Analysis Vice President Hotels Vice President Financial Analysis Protect Associate Hotels Associate Financial Analysis Project Analyst Hotels Analyst B -Cumulative Hours 0 $0 $ - $ - C Supplemental Staff - Sub Program Manages Supplemental Services:. Transportation and Traffic Parking Planning_ Public Relations Community Outreach C - Cumulative Hours D $ - $ - $ - 1914 $ 280,766 May 11, 2006 Post -Construction Phase Fee Sch 11 of 12 Jones Lang LaSalle Professional Services Agreement Exhibit Three Program Management Services for the Renovation of the Orange Bowi Stadium POST -CONSTRUCTION PHASE / ESTIMATE OF REIMBURSABLE EXPENSES VARIABLE REIMB. EXPENSE FOR PROJECT RELATED AND SUPPLEMENTAL STAFF - LUMP SUM - Project No.: Assumptions: Total phase length of 2 months from June 2009 to July 2009 / Total phase hours, of 1914 divided by 1900 hours per FTE equals 1.0 FTE's for this phase Item No Description Amount per Month or FTE Number of Months or FTE's Rase Unit Cost Total Fee Remarks 1 Computer Software $0 1.0 $0 2 _ Local Courier (Estimate) $400 2 $800 3 Outside Reprographics $1,500 2 $3,000 4 Fax Cartridges (Small B & Wj Field Office 1100 2 $200 5 Fax Cartridges Additional Larger HP Machine- Field Offices $200 2 $400 6 Printer Cartridge- Field Office • $100 2 $200 7 Travel - Rental Cars Supplemental Staff $400 2 $40 8 — Travel _Air Fwet-To-From) Supplemental Staff $800 2 $80 9 Travel - Hotels Supplemental Staff $800 2 $80 10 Travel - Meals Supplemental Staff $200 2 $20 11 Travel - Misc. Supplemental Staff $50 2 $5 12 Travel- Parking FLL Supplemental Staff $100 2 $10 13 - Travel Parkr MIA S pplemental Staff $100 2 $10 14 Mileage Supplemental Stall $360 2 $36 15 Field Vest/Safety Glasses/Ear Plug/Gloves $100 2 $200 16 Copy Paper $20D 2 $400 17 Couriers, Messengers $200 2 $400 18 ,Misc. Office Supplies (Folder/Binder/Pencil/Pen/Posit/CD/Notebook) $200 2 $400 20 Cell Phone Service $1,050 2 $105 _21 Parking (Visitors) $100 2 $10 Total $8,398,00 RECURRING REIMB. EXPENSE FOR PROJECT RELATED AND CORE STAFF - LUMP SUM - Project No.: 2.2 Shipping (Within Florida -Miami, Next Day, 1 Lbs) $200 2 $400 23 Shipping (Within Florida -Miami, Next Day, 5 Lbs) $600 2 $1,200 24 Travel - Rental Cars Core Program/ Construction Mgmt $400 2 $760 25 Travel -Air Fare (To -From) Core Program/Construction Mgmt $800 2 $1,520 26 Travel - Hotels Core Prograrn/Construction Mgmt $800 2 $1,520 27 Travel - Meals Core Program/Construction Mgmt $200 2 $380 28 Travel - Misc. Core Program/Construction Mgmt $50 2 $95 29 Travel - Parking FLL Core Construction Mgmt $100 2 $190 30 Travel - Parking MIA Core Program/Construction Mgmt $100 2 $190 31 Mileage Core Program/Construction Mg_mt $200 2 $380 32 Cell Phone Service $1,050 2 $1995 33 Parking (Visitors) $100 2 $200 34 T1 line (Bell South) $200 2 $400 35 Laptop Lease $1,000 1.0 $1,000 38 Color & B/W Printer Lease $300 2 $60D 37 Copier Lease $500 2 $1 000 Total $11,830.00 May 11, 2006 Post -Construction Phase Reimb