HomeMy WebLinkAboutProfessional Services Agreement•Ob.
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City OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Project (if applicable)
Consultant
Architectuf al and Enaineering
Project Specific
College of Policing
Spillis Candela DM,IM
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 4
ARTICLE 2 GENERAL CONDITIONS 5
2.01 TERM. 5
2.02 SCOPE OF SERVICES 5
2.03 COMPENSATION 5
ARTICLE 3 PERFORMANCE 5
3.01 PERFORMANCE AND DELEGATION 5
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 5
3.03 Consultant KEY STAFF 5
3.04 TIME FOR PERFORMANCE 5
3.05 DESIGN RESPONSIBILITIES 5
ARTICLE 4 SUBCONSULTANTS 6
4.01 GENERAL 6
4.02 SUB -CONSULTANT RELATIONSHIPS 6
4.03 CHANGES TO SUBConsultantS 6
ARTICLE 5 DEFAULT 6
5.01 GENERAL 6
5.02 TIME TO CURE DEFAULT: FORCE MAJEURE 6
ARTICLE 6 TERMINATION OF AGREEMENT 7
6.01 City'S RIGHT TO TERMINATE 7
6.02 CONSULTANT'S RIGHT TO TERMINATE 7
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT... 7
ARTICLE 7 DOCUMENTS AND RECORDS 7
7.01 OWNERSHIP OF DOCUMENTS 7
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY City • 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 8
ARTICLE 9 INSURANCE 8
9.01 COMPANIES PROVIDING COVERAGE 8
9.02 VERIFICATION OF INSURANCE COVERAGE 8
9.03 FORMS OF COVERAGE 9
9.04 MODIFICATIONS TO COVERAGE 9
ARTICLE 10 MISCELLANEOUS 9
10.01 AUDIT RIGHTS 9
10.02 ENTIRE AGREEMENT 9
10.03 SUCCESSORS AND ASSIGNS
10.04
10.05
10.06
10.07
10.08
10.09
10.10
10.11
TRUTH -IN -NEGOTIATION CERTIFICATE
APPLICABLE LAW AND VENUE OF LITIGATION
NOTICES
INTERPRETATION
PRIORITY OF PROVISIONS
COMPLIANCE WITH LAWS
DISCRETION OF DIRECTOR
RESOLUTION OF CONTRACT DISPUTES•
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10.12 MEDIATION-WIAVER OF JURY TRIAL 11
10.13 INDEPENDENT CONTRACTOR: 11
10.14 PERFORMANCE EVALUATION 11
10.15 CONTINGENCY CLAUSE 11
ATTACHMENT A - SCOPE OF WORK 8
ARTICLE Al GENERAL 8
A1.01 RANGE OF SERVICES 8
A1.02 NON-EXCLUSIVE RIGHT 8
A1.03 PAYMENTS 8
ARTICLE A2 BASIC SERVICES 8
A2.01 Phase I - Programming and Schematic Design: 8
A2.02 Phase II - Design Development: 9
A2.03 Phase III - Construction Document Development 9
ARTICLE A3 ADDITIONAL SERVICES: 14
A3.01 GENERAL 15
ARTICLE A4 REIMBURSABLE EXPENSES 16
A4.01 GENERAL 16
A4.02 SUBConsultant REIMBUREMENTS 16
ARTICLE A5 CITY'S RESPONSIBILITIES 16
A5.01 PROJECT & SITE INFORMATION 16
A5.02 PROJECT MANAGEMENT 17
A5.03 CONSTRUCTION MANAGEMENT 17
A5.04 LEGALAND OTHER SERVICES 17
SCHEDULE Al - PROJECT DESCRIPTION 18
SCHEDULE A2 - SUBCONSULTANTS 23
SCHEDULE A3 - KEY STAFF 23
ATTACHMENT B - COMPENSATION AND PAYMENTS 1
ARTICLE 81 COMPENSATION FOR SERVICES 1
B1.01 COMPENSATION LIMITS 1
ARTICLE B2 WAGE RATES 1
82.01 FEE BASIS 1
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 1
B2.03 MULTIPLIER 1
B2.04 CALCULATION 1
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 1
B3.01 LUMP SUM 1
B3.02 HOURLY RATE FEES 2
B3.03 REIMBURSABLE EXPENSES 2
B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 2
B3.05 FEES for ADDITIONAL SERVICES 2
B3.06 PAYMENT EXCLUSIONS 3
B3.07 FEES RESULTING FROM PROJECT SUSPENSION 3
ARTICLE B4 PAYMENTS TO THE Consultant 3
B4.01 PAYMENTS GENERALLY 3
B4.02 FOR COMPREHENSIVE BASIC SERVICES 3
B4.03 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 3
ARTICLE B5 COMPENSATION FOR REUSE 3
B5.01 GENERAL 3
SCHEDULE B1 - WAGE RATES 4
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City OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
Service Category Comprehensive Architectural and Engineering
Contract Type Project Specific
Project (if applicable) College of Policing
Consultant Spillis Candela DMJM
Consultant Office Location
800 Douglas Entrance, North Tower, 2nd Floor, Coral Gables, FL
33134
City Authorization City Code Section 18-87
THIS AGREEMENT made this 3»'-day of in the year 2006 by and
between The City of Miami, Florida, hereinafter called the "City," and Spillis Candela & Partners,
Inc. dba Spillis Candela DMJM, hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 04-05-112 on July 8,
2005 for the provision of Comprehensive Architectural and Engineering- services College of
Policing Project and Consultant's proposals ("Proposal"), in response thereto, was selected as
one of the most qualified for the provision of said Services. The RFQ and the Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are by this
reference expressly incorporated into and made a part of this Agreement as if set forth in full.
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
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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 Attachments means the attachments to this
Agreement are expressly incorporated by reference
and made a part of this Agreement as if set forth in
full.
1.03 Base Fee means the amount of compensation
mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services
designated as such in this Agreement, including the
Attachments hereto.
1.05 City Commission means the legislative body
of the City of Miami.
1.06 City Manager means the duly appointed chief
administrative officer of the City of Miami.
1.07 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 govemmental 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.
1.08 Consultant means the individual, partnership,
corporation, association, joint venture, or any
combination thereof, of properly registered
professional architects, landscape architects and/or
engineers, which has entered into this Agreement to
provide professional services to the City.
1.09 Contractor means an individual, partnership,
corporation, association, joint venture, or any
combination thereof, which has entered into a contract
with the City for construction of City facilities and
incidentals thereto.
1.10 Director means the Director of the City
Department designated herein who has the authority
and responsibility for managing the specific project or
projects covered under this Agreement. For the
purpose of this Agreement, the Director is the top
administrator of the Department of Capital
Improvements and Transportation or designee.
1.11 Inspector means an employee of the City or
of a consulting firm hired by the City and assigned by
PROFESSIONAL SERVICES AGREEMENt
the City to make observations of Work performed by a
Contractor.
1.12 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
Consultant may begin Work on a Project or a specific
task of a Project as outlined in the Scope of Work.
1.13 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.
1.14 Project means the construction, alteration
and/or repair, and all services and incidentals thereto,
of a City facility as contemplated and budgeted by the
City. The Project(s) shall be further defined in the
Scope Of Services section of this Agreement.
1.15 Professional Services means those
services within the scope of the practice of
architecture, professional engineering, landscape
architecture, or registered surveying and mapping, as
applicable, as defined by the laws of the State of
Florida, or those performed by any architect,
professional engineer, landscape architect, or
registered surveyor or mapper in connection with his
or her professional employment or practice.
1.16 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.
1.17 Scope Of Work or Work means a
comprehensive description of the activities, tasks,
design features, objectives, deliverables and
milestones required for the completion of the Project
as defined herein.
1.18 Subconsultant means a person or
organization of property registered professional
architects, landscape architects, engineers, registered
surveyor or mapper, and/or other professional
specialty that has entered into a written agreement
with the Consultant to furnish specified professional
services for a Project or task.
1.19 Wage Rates means the effective direct
expense to Consultant and/or Subconsultant, 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.
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ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
2.01-1 Commencement
The term of this Agreement shall commence upon
execution of this Agreement and conclude upon the
completion and acceptance of the Work by the
Director unless terminated earlier as provided herein.
2.01-2 Time
Time is of the essence in this Agreement.
2.02 SCOPE OF SERVICES
Consultant agrees to provide the Services as
specifically described and under this Agreement,
including the special terms and conditions set forth in
Attachment "A°, which by are incorporated into and
made a part of this Agreement.
2.03 COMPENSATION
2.03-1 Compensation Limits
The maximum amount of compensation payable by
the City to Consultant as a lump sum or not to exceed
fee, is $1,400,000 based on a base fee of $1,337,200,
$22,800 in additional services fees, and $40,000 in
reimburasble services. This amount is based on the
rates and schedules established in Attachment B
and Schedule B1, 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, to allow a proper audit of
expenditures, should the City require one to be
performed. If Consultant is entitled to reimbursement
of travel expenses, then all bills for travel expenses
shall be submitted in accordance with Section
112.061, Florida Statutes.
Should the City fail to pay an invoice within the
stipulated thirty (30) days, The Consultant shall be
entitled to interest in accordance with Florida Statute's
Local Govemment Propmpt Payment Act.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The Professional Services to be performed hereunder
shall be performed by the Consultant's own staff and
the Subconsultants 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.
PROFESSIONAL SERIVCES AGREEMENT
3.02 REMOVAL OF UNSATISFACTORY
PERSONNEL
Director may make written request to Consultant for
the prompt removal and replacement of any personnel
employed or retained by the Consultant, or any
Subconsultants, or any personnel of any such
Subconsultants engaged by the Consultant to provide
and perform services or Work pursuant to the
requirements of this Agreement. The Consultant shall
respond to City within 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 Consultant.
3.03 CONSULTANT KEY STAFF
The parties acknowledge that Consultant was
selected by the City, in part, on the basis of
qualifications of particular staff identified in
Consultant's response to City's solicitation, hereinafter
referred to as "Key Personnel". Consultant shall
ensure that Key Personnel as detailed in Schedule A-
2 are available for Work hereunder as long as said
Key Personnel are in Consultant's or Subconsultant's
employ. Consultant will obtain prior written approval
of Director or designee to change Key Personnel.
Consultant 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.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder
upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or
phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to
performance of this Agreement.
A reasonable extension of the time for completion of
various assignments, tasks or phases will be granted
by the City should there be a delay on the part of the
City in fulfilling its obligations under this Agreement as
stated herein. Such extension of time shall not be
cause for any claim by the Consultant for extra
compensation.
Should the City direct the Consltant to stop Work for a
period of time in excess of thirty (30) consecutive
days, the Consultant may seek additional
compensation under the Additional Services provision
of this Agreement.
3.05 DESIGN RESPONSIBILITIES
3.05-1 Errors and Ommissions
The Consultant shall be responsible to promptly make
corrections to the Consultant's Work when the
Consultant's Work is found to contain discrepancies,
errors or omissions. All costs associated with
corrections in the Consultant's Work, delays to the
Work, including, but not limited to, increased costs of
construction, and damages associated with the
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Contractors Work or the work of other Project
participants, resulting from such discrepancies, errors
or omissions shall be borne by the Consultant. Except
with the Consultant's correction of design and
construction documents, the Consultant shall only be
responsible for construction related cost resulting from
the above where such discrepancies, errors and
omissions result from the negligence of the Consultant.
3.05-2 Nonconforming Work
The Consultant shall promptly give notice to the City of
any defective or nonconforming Work of the Contractor
or any other Project participant whenever discovered by
the Consultant and whether before or after the date of
Substantial Completion of the Contractor's Work. All
Work is to be in compliance with applicable codes.
3.06 Meetings
The Consultant shall schedule at a minimum bi-
weekly meetings with the Contractor. Additional
meetings will be scheduled where the Consultant and
Project Manager determine that such a need exists.
At each of these meetings, the Consultant and
Contractor shall review the Project's budget,
schedule, and scope along with the Consultant's
progress to date on the respective phases of the
Project and any special problems related to the
continuing progress of the Project including but not
limited to any outstanding RFts, CPRs, and change
orders. Consultant shall prepare and distribute all
meeting minutes to participant present at the
meetings.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Subconsultant is a person or
organization of properly registered professional
architects, landscape architects, engineers,
registered surveyors or mapper, and/or other
qualified professional who has entered into a
written agreement with the Consultant to fumish
Professional Services under this Agreement, that
was identified as part of the consulting team in
the competitive selection process by which
Consultant was chosen to perform the services
under this Agreementa or subsequently by the
Director, and as such, is identified and listed in
Schedule Al attached hereto.
4.01-2 A Specialty Subconsultant is a person or
organization that has, with the consent of the
Director, entered into a written agreement with
the Consultant to fumish unique and/or
specialized Professional Services necessary for
the Project or task described under Additional
Services. Such Specialty Sub -Consultant shall
be in addition to those identified in Schedule Al.
4.02 SUBCONSULTANT RELATIONSHIPS
4.02-1 All services provided by the
Subconsultants shall be performed pursuant to
appropriate written agreements between the
PROFESSIONAL SERIVCES AGREEMENT
Consultant and the Subconsultants, which shall
contain provisions that preserve and protect the
rights of the City under this Agreement.
Subconsultants 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
Subconsultants. The Consultant acknowledges
that Subconsultants are entirely under its
direction, control, supervision, retention and/or
discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not change any Subconsultants
listed in Schedule Al without prior written approval by
the Director, in response to a written request from the
Consultant stating the reasons for any proposed
substitution. Such approval shall not be unreasonably
withheld, conditioned, or delayed by the Director.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition
of this Agreement, or fails to perform any of its
obligations hereunder, then Consultant shall be in
default. Upon the occurrence of a default hereunder
the City, in addition to all remedies available to it by
law, may immediately, upon written notice to
Consultant, terminate this Agreement whereupon all
payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default
shall be immediately returned to the City. Consultant
understands and agrees that termination of this
Agreement under this section shall not release
Consultant from any obligation accruing prior to the
effective date of termination.
In the event of termination due to default, in addition
to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and
negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement
of the Work,. In the event of default, the City may
also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to
default have been cured.
5.02 TIME TO CURE DEFAULT: FORCE
MAJEURE
City shall provide written notice to Consultant as to a
finding of default, and Consultant shalt take all
necessary action to cure said default within fifteen
(15) days of receipt of said notice. Failure to cure the
default in the stipulated timeframe may result in the
City Manager 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 Consultant be
due to a condition of force majeure as that term is
interpreted under Florida law, then City may allow an
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extension of time reasonably commensurate with the
cause of such failure to perform or cure.
If the Consultant is delayed in performing any
obligation under this Agreement due to a force
majeure condition, the Consultant 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 Consultant for extra
compensation unless Additional Services are
required.
ARTICLE 6 TERMINATION OF
AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
6.01-1 The City has the right to terminate
this Agreement for any reason or no reason,
upon ten (10) days' written notice. Upon
termination of this Agreement, all charts,
sketches, studies, drawings, and other
documents related to Work authorized under this
Agreement, whether finished or not, must be
tumed over to the City. The Consultant shall be
paid in accordance with provisions of Attachment
B, provided that said documentation is turned
over to City within ten (10) business days of
termination. Failure to timely deliver the
documentation shall be cause to withhold any
payments due without recourse by Consultant
until all documentation is delivered to the City.
6.01-2 Consultant shall have no recourse
or remedy from a termination made by the City
except to retain the fees already disbursed or
owing as compensation for the Work that was
performed in complete compliance with the
Agreement, as full and final settlement of any
claim, action, demand, cost, charge or
entitlement it may have, or will, have against the
City, its officials or employees. The Consultant
may also be entitled to customary and reasonable
expenses resulting from such termination.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this
agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty
(60) days from the date of the City's receipt of a
written notice from Consultant specifying the City's
breach of its duties under this Agreement.
6.03 TERMINATION DUE TO
UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or
retained any company or person, other than a bona
fide employee working solely for the Consultant to
solicit or secure this Agreement and that he or she
has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee,
PROFESSIONAL SERIVCES AGREEMENT
commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making
of this Agreement.
For the breach or violation of this provision, the City
shall have the right to terminate the Agreement
without.
ARTICLE 7 DOCUMENTS AND
RECORDS
7.01 OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, 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. Consultant and its
Subconsultants' electronic CADD (Computer Assisted
Design and Drafting) files, tapes, disks, and similar
items remain the property of the City. The Consultant
will provide these electronic items upon the request of
the City or upon completion/termination of this
Agreement. The Consultant 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 Consultant may result in adverse consequences
that Consultant can neither predict nor control.
Accordingly, the City agrees that Consultant 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 City agrees that the design documents to be
provided by Consultant will contain certain standard
Consultant component design details from the
Consultant's Best Practices Detail Library, which
standard component details shall remain the property
of the Consultant. These details are repetitive in
nature, not project -specific, function rather than form -
oriented, and were not developed for or identifiable
with the Work. Continued use by the Consultant will
not compromise the complete transfer to the City of
the unique features of the design for the Work and will
not result in a compromise of the City's absolute right,
Page 7
title and ownership to the work product and design
documents herein.
The Consutlant will not be liable for use by the City of
plans, documents, studies, or other data for any
purpose other than that intended by the terms and
conditions of this Agreement.
Consultant shall not copyright any material and
products or patent any invention developed under this
Agreement. The City shall have the right to visit the
site for inspection of the Work and the products of
Consutlant at any time. The Consultant shall be
permitted to retain copies, including reproducible
copies, solely for information and reference in
connection with the City's use and occupancy of the
Project.
7.02 DELIVERY UPON REQUEST OR
CANCELLATION
Failure of the Consultant to promptly deliver all such
documents to the Director within ten (10) days of
cancellation, or within ten (10) days of request by the
City, shall be just cause for the City to withhold
payment of any fees due Consultant until Consultant
delivers all such documents. Consultant shall have no
recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or
Work Orders for new work will include the provision
for the re -use of plans and specifications, including
construction drawings, at the City's sole option, and
by virtue of signing this Agreement Consultant agrees
to such re -use in accordance with this provision
without the necessity of further approvals,
compensation, fees or documents being required and
without recourse for such re -use. The Consutlant will
not be liable for use by the City of plans, documents,
studies, or other data for any purpose other than that
intended by the terms and conditions of this
Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to
divulge, fumish or make available to any third person,
firm or organization, without City's prior written
consent, or unless incident to the proper performance
of the Consultant's obligations hereunder, or in the
course of judicial or legislative proceedings where
such information has been properly subpoenaed, any
non-public information concerning the services to be
rendered by Consultant hereunder, and Consultant
shall require all of its employees, agents, and
Subconsultants to comply with the provisions of this
Article.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting
documentation, which concern or reflect its Work
hereunder. Records subject to the provisions of
Public Record Law, Florida Statutes Chapter 119,
shall be kept in accordance with statute. Otherwise,
PROFESSIONAL SERIVCES AGREEMENT
the records and documentation will be retained by
Consultant for a minimum of three (3) years from the
date of termination of this Agreement or the date the
Project is completed, whichever is later. City, or any
duly authorized agents or representatives of City, shall
have the right to audit, inspect, and copy all such
records and documentation as often as they deem
necessary during the period of this Agreement and
during the three (3) year period noted above;
provided, however such activity shall be conducted
only during normal business hours.
ARTICLE 8 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and
defend the City, its officials and employees from any
and all claims, losses and causes of actions which
may arise out of the performance of this Agreement
as a result of any act of negligence or negligent
omission, recklessness, or intentionally wrongful
conduct of the Consultant or the Subconsultants. The
Consultant shall pay all claims and losses of any
nature whatsoever in connection therewith and shall
defend all project related suits, in the name of the City
when applicable, and shall pay all costs, including
without limitation reasonable attorney's and appellate
attorney's fees, and judgments which may issue
thereon. The Consultant's obligation under this Article
shall not be limited in any way by the agreed upon
compensation, or the Consultant's limit of, or lack of,
sufficient insurance protection and shall apply to the
full extent that it is caused by the negligent, act or
omission, recklessness or intentional wrongful
conduct of the Consultant, its agents, servants,
representatives or Subconsultants.
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(VII), as per A.M. Best Company's
Key Rating Guide, latest edition. In lieu of the
requirement for a Florida resident agent the
Consultant may furnish a Worker's Compensation All
States Policy.
9.02 VERIFICATION OF INSURANCE
COVERAGE
The Consultant shall furnish certificates of insurance
to the Risk Administrator for review and approval prior
to the execution of this Agreement. The Certificates
shall clearly indicate that the Consultant has obtained
insurance of the type, amount and classification
required by these provisions, in excess of any pending
claims at the time of award of this Agreeement to the
Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term
of this Agreement. Consultant shall provide written
notice to the City's Department of Risk Management
of any material change, cancellation and/or notice of
Page 8
non -renewal of the insurance within 30 days of the
change.
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
Premises and Operations, Independent
Contractors and Contractual Liability. Automobile
coverage including hired, borrowed or non -owned
autos, limits of Liability, Bodily Injury, Damage
Liability for any one accident $1,000,000. The
City of Miami shall be named an additional .
insured on both of these coverages.
9.03-2 Professional Liability Insurance
The Consultant shall maintain Professional
Liability Insurance including Errors and
Omissions coverage in the minimum amount of
$1,000,000 per claim, in the agregate, providing
for all sums which the Consultant shall be legally
obligated to pay as damages for claims arising
out of the services performed by the Consultant
or any person employed by the Consultant in
connection with this Agreement. This insurance
shall be maintained for at least one year after
completion of the construction and acceptance of
the Project covered by this Agreement.
9.03-3 Worker's Compensation Insurance
The Consultant shall maintain Worker's
Compensation Insurance in compliance with
Florida Statutes, Chapter 440, as amended, and
Employee's Liability with a minimum limit of
$500,000 each occurrence.
9.03-4 Sub -Consultant Compliance
Consultant shall ensure that all Sub -Consultants
comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee
reserves the right to require modifications, increases,
or changes in the required insurance requirements,
coverage, deductibles or other insurance obligations
by providing a thirty (30) day written notice to the
Consultant in accordance with §10.06 herein.
Consultant 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 additiional
costs from the City.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's
accounts during the performance of this Agreement
and for three (3) years after final payment under this
Agreement. The Consultant agrees to furnish copies
PROFESSIONAL SERIVCES AGREEMENT
of any records necessary, in the opinion of the
Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to
time, represents the entire and integrated agreement
between the City and the Consultant and supersedes
all prior negotiations, representations or agreements,
written or oral. This Agreement may not be amended,
changed, modified, or otherwise altered in any
respect, at any time after the execution hereof, except
by a written document executed with the same
formality and equal dignity herewith. Waiver by either
party of a breach of any provision of this Agreement
shall not be deemed to be a waiver of any other
breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be
transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written
consent of the City, acting by and through its City
Commission. It is understood that a sale of the
majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for
the benefit of creditors shall each be deemed
transactions that would constitute an assignment or
sale hereunder requiring prior City written approval.
The Consultant's services are unique in nature and
any transference without City approval shall be cause
for the City to cancel this Agreement. The Consultant
shall have no recourse from such cancellation. The
City may require bonding, other security, certified
financial statements and tax returns from any
proposed assignee and the execution of an
Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition
precedent to considering approval of an assignment.
The Consultant and the City each binds one another,
their partners, successors, legal representatives and
authorized assigns to the other party of this
Agreement and to the partners, successors, legal
representatives and assigns of such party in respect
to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION
CERTIFICATE
In compliance with the Consultant's Competitive
Negotiation Act, for any Project to be compensated
under the Lump Sum method, the Consultant shall
certify that wage rates and other factual unit costs
supporting the compensation are accurate, complete,
and current at the time of Notice to Proceed. The
original Project price and any addition thereto will be
adjusted to exclude any significant sums by which the
City determines the project price 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.
Page 9
10.05 APPLICABLE LAW AND VENUE OF
LITIGATION
This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the
State of Florida. Any suit or action brought by any
party, concerning this Agreement, or arising out of this
Agreement, shall be brought in Miami -Dade County,
Florida. Each party shall bear its own attorney's fees
except in actions arising out of Consultant's duties to
indemnify the City under ARTICLE 8 where
Consultant shall pay the City's reasonable attorney's
fees.
10.06 NOTICES
Whenever either party desires to give notice unto the
other, such notice must be in writing, sent by
registered United States mail, return receipt
requested 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 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:
Mary H. Conway
Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 10th FI
Miami, Florida 33130
With a copy to:
City Attorney
City of Miami
444 S.W. 2nd Ave., Suite 945
Miami, FI. 33130-1910
Gary Farbrikant
Procurement Supervisor
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 8th FI
Miami, Florida 33130
FOR Consultant:
Enrique Macia
Spillis Candela DMJM
800 Douglas Entrance
North Tower, 2nd Floor
Coral Gables, FL 33134
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,
PROFESSIONAL SERIVCES AGREEMENT
unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer
to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear,
unless the context otherwise requires. Whenever
reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article
as a whole, including all of the subsections of such
Section, unless the reference is made to a particular
subsection or subparagraph of such Section or Article.
10.08 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
Consultant 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 Consultant 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
COnsultant warrants and represents that it does
not and will not engage in discriminatory practices
and that there shall be no discrimination in
connection with Consultant's performance under
this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national
origin. Consultant further covenants that no
otherwise qualified individual shall, solely by
reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be
excluded from participation in, be denied
services, or be subject to discrimination under
any provision of this Agreement.
Consultant shall affirmatively comply with all
applicable provisions of the Americans with
Disabilities Act ("ADA") in the course of providing any
work, labor or services funded by the City, including
Titles 1 & it of the ADA (regarding nondiscrimination
on the basis of disability) and all applicable
regulations, guidelines and standards. Additionally
the Consultant shall take affirmative steps to —insure
nondiscrimination in employment of disabled persons.
10.10 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.
Page 10
10.11 RESOLUTION OF CONTRACT
DISPUTES:
Consultant understands and agrees that all disputes
between it and the City based upon an alleged
violation of the terms of this Agreement by the City
shall be submitted to the City Manager for his/her
resolution, prior to Consultant being entitled to seek
judicial relief in connection therewith. Should the
amount of compensation hereunder exceed $500,000,
the City Manager's decision shall be approved or
disapproved by the City Commission. Consultant
shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written
decision, approved by the City Commission if
applicable, or
(ii) a period of sixty (60) days has expired after
submitting to the City Manager a detailed
statement of the dispute, accompanied by all
supporting documentation, or a period of (90)
days has expired where City Manager's
decision is subject to City Commission
approval; or
(iii) City has waived compliance with the
procedure set forth in this section by written
instrument(s) signed by the City Manager.
10.12 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 Consultant
agrees to include such similar contract provisions with
all Subconsultants retained for the Project, thereby
PROFESSIONAL SERIVCES AGREEMENT
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 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 Consultant has no authority to bind the City to
any promise, debt, default, or undertaking of the
Consultant. Consultant 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. Consultant further understands that
Florida Workers' Compensation benefits available to
employees of the City are not available to Consultant,
and agrees to provide workers' compensation
insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
10.14 PERFORMANCE EVALUATION
Consultant is hereby advised that during the
performance of Work under this Agreement, upon
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.
10.15 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.
Page 11
PROF" �IONAL SERIVCES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Effective date May 5, 2006/
Spill Can' la artners, Inc., dba
'TINIEST TTEST CONSU : piJ} andela,DMJM
Signature
Print Name, Title
ATTEST:
Consultan ecretary
'121lvcrr'��1L
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
ATTEST: City OF MIAMI, a municipal corporation of the
Priscilla Thompson, City Clerk
State oj.Florida
Joe Amo1a, Cry anager
AP ,! INSURA E APPROVED AS TO LEGAL FORM AND
RE I� OIER
CORREC NES':
r";
Risk Management Department
Jorge L. F: n . - z, ity Attorney
Page 12
PROFESS._AAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Spillis Candela & Partners Inc., dba corporation organized and existing under
the laws of the State of M AVATP on the 16tkiay of March , 2006 , a
resolution was duly passed and adopted authorizing (Name) Fnriqua Macia as
(Title) principal of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th., day of March
20 06 . y +
Secretary: 17
Print: Robyn L. Miller
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner, shall be the
official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
Stat
e
Zip
Page 13
PROFESSt..NAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_
Signed:
Print:
NOTARIZATION
STATE OF , 2. R/DX )
SS:
COUNTY OF ,4i4 141- t\4Z1 G )
The foregoing instrument was acknowledged before me this / 6 day of
,44q/2C,f , 20 OCo , by Roe, ye() L ,y/L c a• , who is per cal y.
own to me or who has produced as identification and who
(did / I not) take an oath.
SIGNATLIRE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Page 14
ATTACHMcNT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
The Consultant shall provide comprehensive professional Architectural and Engineering with an Architect as the
prime professional, for the Project for which the Consultant was selected in accordance with Section 287.055 Florida
Statutes, as amended, Consultants Competitive Negotiations Act (CCNA).
A1.01 RANGE OF SERVICES
The Consultant shall furnish, as Basic Services, comprehensive professional services for the Project including, but
not limited to field investigations and observations, cost estimates, opinions of probable construction cost, complete
design services, including preparation of bid and construction documents, construction contract administration, and
review of work prepared by Subconsultants. Other services that may be required, at the discretion of the City as
Additional Services, may include, but are not limited to planning, programming, feasibility studies, construction
engineering inspections, review of work prepared by other consultants, and/or other miscellaneous architectural,
registered surveying and mapping, and/or engineering services.
Professional services will be limited to providing architectural and engineering services for the development of an
international police training facility as further described in Attachment Al. Consultant shall be responsible for all basic
services include in Article A2 below.
A1.02 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 Consultant 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 professional architects or engineers as provided by Section 287.055, Florida Statutes,
(Consultants' Competitive Negotiation Act) or to discontinue or withdraw the Project or to exercise every other choice
allowed by law. This Agreement does not confer on the Consultant any particular, exclusive or special rights to Work
required by the City.
A1.03 HAZARDOUS MATERIALS
The Consultant and Sub -Consultants shall have no responsibility for the discovery, presence, handling, removal,
disposal or exposure of persons of hazardous materials in any form at the Project site, including but not limited to
asbestos products, mold, polycholrinated biphenyl (PCB) or there toxic substances.
A1.04 PAYMENTS
The City will pay the Consultant the stipulated amount for the Work required, in accordance with provisions and
limitations of Attachment B. No payment will be made for the Consultant's time or services in connection with the
preparation of any such proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed
or Purchase Order.
ARTICLE A2 BASIC SERVICES
The Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the
phases enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county
and City of Miami, Florida, Codes andf Ordinances; including all civil engineering, structural engineering, architectural,
mechanical/plumbing engineering, electrical engineering and landscape design services normally required for a
project of an architectural nature. The Consultant shall maintain an adequate staff of qualified personnel on the Work
at all times to ensure its performance as specified in the Agreement. These services are hereinafter referred to as
"Basic Services" shall include the following:
A2.01 Phase I - Programming and Schematic Design:
A2.01-(a) The Consultant shall confer with representatives of the Director to establish the overall
scope of the Project consisting of a detailed listing of all functions and spaces together with the square
footage of each assignable space, gross square footage, and a description of the relationships between and
among the principal programmatic elements
A2.01-(b) The Consultant shall prepare and present in writing, and at an oral presentation if
requested, for approval by the City, a Design Concept and Schematics Report, comprising Schematic
Design Studies, including an identification of any special requirement affecting the Project, Project
Development Schedule and a Statement of Probable Construction Cost, as defined below:
Page A-8
ATTACHMENT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
1. The Schematic Design Studies shall consist of site plan(s), floor plans, elevations, sections, and all
other elements required by the Project Manager to show the scale and relationship of the
components and design concepts of the whole. The floor plans may be single -line diagrams. A
simple perspective rendering or sketch, model or photograph thereof may be provided to further
show the design concept.
2. Consultant shall identify and notify the City of any building code issues or lack of compliance with
current codes which may affect the Scope of Work and/or the facility where the Work will be
performed.
3. The Project Development Schedule shall show the proposed completion date of each Phase of the
Project through design, bidding, construction and the proposed date of occupancy by the City.
4. The Statement of Probable Construction Cost shall include a summary of the estimated cost of the
building and/or other work, including fixed equipment, site improvements, professional fees,
construction contingency allowance, movable equipment (if any), utility services and funding
allocation evaluation comprising a brief description of the basis for estimated costs(similar projects)
with square foot costs. Costs shall be adjusted to the projected bid date and a preliminary
evaluation of the program as it pertains to the allocated construction funds.
5. If the statement of Probable Construction Costs exceeds allocated funds, the Consultant shall
prepare recommendations for reducing the scope of the Project in order to bring the estimated
costs within allocated funds. Based on the Probable Construction Budget submitted by the
Consultant the City and the Consultant may agree to a revised Fixed Construction Budget.
A2.01-(c) The Consultant shall submit an electronic set of all documents and three copies of
documents required under this Phase, without additional charge, for review and approval by the City..
Consultant shall not proceed with the next Phase of the Work until the documents have been approved, in
writing, by the City, and an Authorization to Proceed with the next Phase has been issued by the City.
A2.02 Phase 1I — Design Development:
A2.02-(a) From the approved Schematic Design documents, the Consultant shall prepare and
present in writing, and at an oral presentation if requested, for approval by the City, Design Development
Documents, an updated Project Development Schedule and an updated Statement of Probable Construction
Costs as defined below:
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
sections), outline specifications, and other documents that delineate and describe the size and
character of the entire Project with respect to architectural; civil, structural, mechanical and electrical
systems; landscaping; construction, materials, finishes and other items incidental thereto and as
required by the Project Manager, and as may be appropriate and applicable. Consultant's staff from
each of the major technical disciplines shalt attend the oral presentation (if requested) of Phase II
documents, to explain the design concept of their systems.
2. The updated Development Schedule shall show the proposed completion date of each Phase of the
Project through design, bidding, construction and proposed date of occupancy.
3. The updated Statement of Probable Construction Cost shall include a summary of the estimated
cost of the building including fixed equipment, site improvements, professional fees, movable
equipment (if any), utility services extensions and funding allocation evaluation comprising a brief
description of the basis for estimated costs. Costs shall be adjusted to the projected bid date and
an evaluation of the project cots as they pertain to the allocated construction of the Project.
4. If the statement of Probable Construction Costs exceeds allocated funds, the Consultant shall
prepare recommendations for reducing the scope of the project in order to bring the estimated costs
within allocated funds. Based on the Probable Construction Budget submitted by the Consultant
the City and the Consultant may agree to a revised Fixed Construction Budget.
A2.02-(b) The Consultant shall return to the City review (check) sets of documents from the
Schematic Design Phase submission. The Consultant shall provide an appropriate written response to all
review commentary noted on these previous Phase documents.
A2.02-(c) The Consultant shall submit an electronic set of all documents and three hard copies of
documents required under this Phase, without additional charge, for review and approval by the City.
Consultant shall not proceed with the next Phase of the Work until the documents have been approved, in
writing, by the City, and an Authorization to Proceed with the next Phase has been issued by the City.
A2.03 Phase Ill - Construction Document Development
A2.03-(a) From the approved Design Development Documents, the Consultant shall prepare for
written approval by City, Final Construction Documents setting forth in detail the requirements for the
Page A-9
ATTACHME_wT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
construction of the Project, including the Bid Form and other necessary information for the bidders,
Supplemental Terms and Conditions for the Contract, complete fully permittable drawings and technical
specifications (the Project Manual). The Consultant is responsible for complete coordination between the
engineering and architectural disciplines and compliance of the design and Construction Documents with all
applicable codes.
A2.03-(b) Maximum Cost Limit: Prior to authorizing the Consultant to proceed with preparation
of Construction Document Development, the City may establish and communicate to the Consultant a
maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not
advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the
estimate of the cost of construction shall be adjusted by Consultant. The Consultant cannot and does not
guarantee that bids or negotiated prices will not vary from any estimate of Probable Construction Cost or
evaluation prepared or agreed to by the Consultant. Notwithstanding anything above to the contrary, the
City may require the Consultant to revise and modify Construction Documents and assist in the re -bidding of
the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed the
Maximum Cost Limit.
A2.03-(c) 40% Construction Documents Submittal: The Consultant shall make a 40%
Construction Documents submittal, for review and approval by the City, which shall include the following:
1. A reproducible and three hard copy sets of all 40% construction drawings, including any minor
revisions, additions, corrections and applifications indicated and/or "Red -Lined" by the City as part
of the review of the Design Development Documents. Consultant shall return to the City review
(check) sets of documents from the Design Development Phase submission. The Consultant shall
provide an appropriate response to all review commentary noted on es prevApps Phase
documents. k.\1u\
2. A Drawing Cover Sheet listing an index of all number of drawings by each iscipSine. Drawings not
included in the 40% review shall be noted. 1-b oy-
3. The updated Project Development Schedule to include an outline of maker -construction milestone
activities and the recommended construction duration period in calendar days.
4. An updated Statement of Probable Construction in CSI format, to include a breakdown of the
buildings components, site Improvements, fees, general conditions and construction contingency.
5. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit the City to award a Construction Contract within the
limit of the budgeted amount
6. A Project Specifications index and Project Manual with at least 25% of the Specifications
completed.
7. The Consultant shall not proceed with further construction documents development until approval of
the 40% documents is received in writing from the City. Approval by the City shall be for progress
only and does not relieve the Consultant of its responsibilities and liabilities relative to code
compliance and to other covenants contained In this Agreement. The Consultant shall resolve all
questions indicated on the documents and make all changes to the documents necessary in
response to the review commentary. The 40% Documents review (check) set shall be returned to
the City upon submission of 75% complete Construction Documents and the Consultant shall
provide an appropriate response to all review commentary noted on these previous Phase
documents
A2.03-(d) 75% Construction Documents Submittal: The Consultant shall make a 75%
Construction Documents submittal, for review and approval by the City, which shall include the following:
1. A reproducible and three hard copy sets of all 75% construction drawings. The consultant shall
additionally attach an index of all anticipated drawing sheets necessary to fully define the
construction and an estimate of the current percent of completion of each of the drawings.
Consultant shall retum to the City review (check) sets of documents from the Design Development
Phase submission. The Consultant shall provide an appropriate response to all review commentary
noted on these previous Phase documents.
2. A reproducible and three hard copy sets and two electronic copies of the technical specifications.
The Consultant shall in the preparation of the technical specifications, use CSI Standards, format,
developed and recommended by the Construction Specifications Institute (CSI). However all non-
technical terms and conditions shall be submitted separately as supplemental conditions. The 75%
Construction Documents submittal shall include all applicable sections of CSI Divisions, which shall
be at least 75% complete of the Specifications Sections 100% complete. These specifications shall
be in final form, except as may be revised through the review process.
Page A-10
ATTACHM NT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
3. The Consultant shall work closely with the City in the preparation of the proposal or itemized bid
form and shall prepare the supplementary terms and conditions or similar document for those
conditions unique to this specific project.
4. Color boards, which shall show complete color selections for all finish materials.
5. A Drawing Cover Sheet listing an index of all anticipated drawings by each discipline at the 100%
level.
6. An updated Statement of Probable Construction Cost broken down by specification sections. The
Stateme.t shall include any adjustments necessary for projected award date, changes in
requirements, or general market conditions. Authorization to Proceed with the 100% Construction
Documents will not be issued if the latest Statement of Probable Construction Cost exceeds the
Total Authorized Construction Budget, unless the City increases the Total Authorized Construction
Budget or the Consultant and the City agree on methods of cost reduction sufficient to enable
construction within the funds available. Any increase or reduction in the Construction Budget shall
be agreed upon in writing by the duly authorized signatories of the respective parties.
7. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit the City to award a Construction Contract within the
limit of the budgeted amount
8. The Consultant shall not proceed with further construction documents development until approval of
the 75% documents is received in writing from the City. Approval by the City shall be for progress
only and does not relieve the Consultant of its responsibilities and liabilities relative to code
compliance and to other covenants contained in this Agreement. The Consultant shall resolve all
questions indicated on the documents and make all changes to the documents necessary in
response to the review commentary. The 75% Documents review (check) set shall be returned to
the City upon submission of 100% complete Construction Documents and the Consultant shall
provide an appropriate response to all review commentary noted on these previous Phase
documents
A2.03-(e) 100% Construction Documents Submittal: The Consultant shall make a 100%
Construction Documents submittal, for final review, comments and approval by the City. The City shall
review documents for program compliance only; it is the Consultant's responsibility to coordinate its Work as
well as. the Work generated by the various Subonsultants involved with the Work. The 100% submittal shall
include the following.
1. Three sets of all 100% constructions permittable and constructible drawings for review. Each Sub -
consultant shall provide its drawings to a 100% level of completion with this submittal. The
Drawings submitted at this Phase shall include all details, schedules, tables, and calculations for
the project to be submitted for "Dry -Run" Permit.
2. An electronic copy and one set of all reports, programs, and similar documents necessary for the
issuance of documents for bidding and construction contract award.
3. An updated Project Development Schedule, to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
4.' An updated Statement of Probable Construction Costs (including construction contingency
allowance and similar allowances) broken down by specification CSI sections. The Statement shall
include any adjustments necessary for projected award date, changes in requirements, or general
market conditions. If the Statement of Probable Construction Cost exceeds the Total Authorized
Construction Budget, the Consultant shall review materials, equipment, component systems and
types of construction included in the Contract Documents and shall recommend changes in such
items and/or reasonable adjustment in the scope of the Project that will result in bids within the
allocated funds. All such changes in the Contract Documents shall be made at no additional cost to
the City. It is agreed that any "Statement of Probable Construction Costs' prepared by the
Consultant represents a reasonable estimate of cost in Consultant's best judgment as a
professional familiar with the local construction industry.
5. Contractor payment schedule based on pay for performance parameters. Consultant shall identify
constuction milestones that are based on a monthly payment schedule.
A2.03-(f) Dry Run Permitting: The Consultant shall file and follow-up for building permits at
the earliest practicable time during the performance of the Work, the necessary portions of the Contract
Documents for approval by City, County, State and/or Federal authorities having jurisdiction over the Project
by law or contract with the City, and shall assist in obtaining any such applicable certifications of "permit
approval" by such authorities prior to approval by the Department of the 100% complete Review Set and
printing of the Contract Documents. The Consultant shall promptly, at any time during the performance of
the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of
Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such
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ATTACHI,._,JT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
permitting authorities. The Consultant shall make all required changes and resolve all questions presented
or revisions required by the permitting authorities on the documents at no additional cost to the City From
the approved "Dry -Run"; Consultant shall deliver too the City one ser of reconciled drawings, noting any and
all revisions in reporducible and CADD files to be uses as the "Bid Set" insuring ther are no discrepancies
form permitted drawings.. The 100% completed check set (s) shall be returned to the City. Upon final
approval by the City, the Consultant shall furnish a reproducible and two set of all drawings and technical
specifications and supplemental conditions and two electronic copy to the City, without additional charge..
A2.04 Phase IV - Bidding and Award of Contract:
A2.04-(a) Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the
Construction Documents, from authorities having jurisdiction, acceptance by the City of the 100%
Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the
City in obtaining bids, preparing and awarding the construction contract. The City, for bidding purposes, will
have the bid documents printed, or, at its own discretion, may authorize such printing as a reimbursable
service to the Consultant.
A2.04-(b) Issuance of Bid Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of Bidders
2. The Consultant shall assist the City in the preparation of responses to questions if any are required,
during the bidding period. All addendum or clarifications, or responses shall be issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant
shall attend all any pre -bid meeting(s) and require attendance of Subconsultants at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.04(c) Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids,
determining the responsiveness of bids and the preparation of documents for Award of a contract. If the
lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project, or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The
Consultant shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost based on such revisions with in the Total
Authorized Construction Budget. The City may exercise such option where the bid price exceeds
10% of the Fixed Construction Budget provided to the Consultant and as may be modified by the
City and the Consultant prior to soliciting bids.:
4. Suspend, cancel or abandon the Project
NOTE: Under item 3(c) above the Consultant shall, without additional compensation modify the Construction
Documents as necessary to bring the Probable Construction Cost within the budgeted amount. The City may
recognize exceptional construction market cost fluctuations before exercising option 3(c) above.
A2.05 Phase V - Administration of the Construction Contract:
A2.05-(a) The Construction Phase will begin with the award of the construction contract and will end
when the Consultant has provided to the City all post construction documents, including Contractor As -Built
drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of
Occupancy have been delivered to the City and the City approves the final payment to the Consultant.
During this period, the Consultant shall provide administration of the construction contract as provided by
this Agreement, and as provided by law.
A2.05-(b) The Consultant, as the representative of the City during the Construction Phase, shall
advise and consult with the City and shall have the authority to act on behalf of the City to the extent
provided in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2.05-(c) The Consultant and respective Subconsultants shall visit the site to conduct field
observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress
of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of
the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Consultant shall provide any site visits necessary for certification if required by the authorities having
jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The
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ATTACHMLisa A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
Consultant shall report on the progress dhe Work, including any defects and deficiencies that may be
obeserved in the Work. The Consultant and/or Subconsultants will not be required to make extensive
inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless
otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings
and field inspections report it is asked to attend, as well as the distribution of the minutes. Consultant and
Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her
Subconsultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or
employees' failure to perform the work in accordance with the contract unless such failure of performance
results from the Consultant's acts or omissions.
A2.05-(d) The Consultant shall furnish the City with a written report of all observations of the Work
made by Consultant and require all Subconsultants to do same during each visit to the Project. The
Consultant shall also note the general status and progress of the Work, on forms fumished by the City, and
submit them in a timely manner. The Consultant and the Subconsultants shall ascertain that the Work is
acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making timely,
accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to
the monthly Professional Services payment request for construction administration services. The
Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the
rejection of payment requests and may result in a proportional reduction in Construction Administration fees
paid to the Consultant.
A2.05-(e) Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due the Contractor based on the pay for performance milestones and shall
recommend approval of such amount as appropriate. This recommendation shall constitute a representation
by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work
has progressed to the point Indicated and that, the quality of the Work is in accordance with the contract and
the Contractor is entitled to amount stated on the requisition subject to:
1. a detailed evaluation of the Work for conformance with the contract upon substantial completion;
2. the results of any subsequent tests required by the contract;
3. minor deviations from the contract correctable prior to completion;
4. any specific qualifications stated in the payment certificate and further that the Contractor is entitled
to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement tothe City
on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's
Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall
not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment
Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination
to ascertain how and for what purpose the Contractor has used money paid on account of the Construction
Contract Sum.
A2.05-(f) The Consultant shall be the interpreter of the requirements of the Contract Documents and
the judge of the performance thereunder. The Consultant shall render interpretations necessary for the
proper execution or progress of the Work upon written request of either the City or the Contractor, and shall
render written decisions, within maximum of ten (10) calendar. days, on all claims, disputes and other matters
in question between the City and the Contractor relating to the execution or progress of the Work.
Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable
from, the Contract Documents and shall be in written or graphic form.
A2.05-(g) The Consultant shall have the authority to recommend rejection of Work, which does not
conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the
authority to recommend special inspection or testing of any Work deemed to be not in accordance with the
Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and
completed.
A2.05-(h) The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract
Documents shalt not be authorized without concurrence of the City's Project Manager and/or Director of
Capital Improvements and shall be authorized with or without change in costs to the construction. The
Consultant shall have a maximum of ten (10) calendar days form receipt of shop drawings, samples, RFI's or
other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with
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ATTACHivicNT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
comments indicating either approval or disapproval. Consultant shall provide the Contractor with a detailed
written expfaination as to the basis for rejection.
A2.05-(i) The Consultant shall initiate and prepare required documentation for changes as required
by the Consultants own observations or as requested by the City, and shall review and recommend action on
proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request,
the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or
proposed action along with an analysis and/or study supporting such recommendation.
A2.05-(j) The Consultant shall examine the Work upon receipt of the Contractor's request for
substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that the Project
is substantially complete in accordance with the contract requirements. The Consultant shall In conjunction
with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in
the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735 Upon
satisfactory completion of the punch list the Consultant shall recommend execution of a " Certificate of Final
Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon
satisfactory completion of all items on the punch list all necessary closeout documentation from the
Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment,
releases of liens/claims and such other documents and certificates as may be required by applicable codes,
law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor.
A2.05-(k) The Consultant shall monitor and provide assistance in obtaining the Contractor's
compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and
maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of
equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction
to occupancy by the City.
A2.05-(I) The Consultant shall fumish to the City the original documents, including drawings, revised
to as -built" conditions based on information fumished by the Contractor; survey, and specific condition. In
preparing the "as -built" documents the Constult shall rely on the accuracy of the information provided by the
Contractor, including the Contractor's record drawings. Any certification required under this Agreement
z2N, includi the contents of "as -built" documents are conditioned upon the accuracy of the information and
t' docurrits provided by the construction contractor. Transfer of changes made by "Change Authorization",
"Change Order", "Request for Information", substitution approvals, or other clarifications will be the
p'S Consultant's responsibility to incorporate into the "as -built" and record documents. Changes made in the
field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the
Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant.
The original documents as well as the "Field Record Set" shall become the property of the City. A
reproducible set of all other final documents will be fumished to the City free of charge by the Consultant.
A2.05-(m) The Consultant shall furnish to the City one complete set of "As -built Drawings", in Auto
CADD Version 2000 or such other format acceptable to the City.
A2.05-(n) The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting
"as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings
shall be furnished on 24" x 36" sheets and one electronic copy.
A2.05-(o) The Consultant assist the City in the completion of the Contractor's performance evacuation
performance during the performance of the construction work and upon final completion of the Project.
A2.09 Time Frames for Completion
These time frames do not include the City's review time of two weeks for Phases I through III and four weeks for
Phase IV..
Phase I Programming & Schematic Design 12 weeks
Phase II Design Development 10 weeks
Phase III a 40% Construction Documents 8 weeks
Phase III b 75% Constrcution Documents 4 weeks
Phase III c 100% Construcction Documents 4 weeks
Phase III d Dry -Run Permitting 8 weeks
Phase IV Bidding and Award 4 weeks
Phase V Construction Administration 78 weeks
ARTICLE A3 ADDITIONAL SERVICES:
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ATTACHM,. JT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are normally
considered to be beyond the scope of the Basic Design 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 Attachment B, Section 83.05.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein additional Services may inciude but are not limited to the following:
A3.02-(a) Needs Analysis: Special analyses of the City's needs, and special detailed programming
requirements for a project.
A3.02-(b) Specialty Studies: Financial feasibility, energy efficiency, life cycle costing, or other special
studies.
A3,02-(c) Pre -Design Surveys 8, Testing: Planning surveys, soil tests, environmental investigations, site
evaluations, or comparative studies of prospective sites.
A3.02-(d) Design Of Non -Project Facilities: Design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of a specific project.
A3.02-(e) Extraordinary Existing Conditions: Unless otherwise provided herein, providing services to
investigate existing conditions of facilities or to make measured drawings thereof, after the Consultant has
expended an amount of time deemed to be the normal requirement for renovation and alteration projects.
For the purposes of this Agreement, this amount of time shall be that equal to 0.3 of 1% of the Estimated
Construction Cost. The Consultant will be required to verify this expenditure, in writing, in accordance with
ARTICLE B4.
A3.02-(f) Cost Estimating: Professional detailed Estimates of Construction Cost consisting of quantity
surveys itemizing all material, equipment and labor required for a project.
A3.02-(g) Interior Design: Interior design services required for or in connection with the selection of furniture
or furnishings, except, all equipment, materials, supplies and related items included in the Scope of Work.
A3.02-(h) Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities,
and surveys or inventories in connection with construction performed by the City.
A3.02-(I) Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-(j) Full -Time Construction Management: The services of one or more full-time, on site project field
representatives during construction.
A3.02-(k) Extended Testing $$ Training: Extended assistance beyond that provided under Basic Services
for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of
City's personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, subcontractor, or equipment manufacturer
A3.02-(1) Major Revisions: Making major revisions to drawings and specifications resulting in or from a
change in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by the City and are due to causes beyond the control of the Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-(m) Expert Witness: Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration proceeding or legal proceeding, providing, however, that the Consultant cannot testify
against the City in any proceeding during the course of this Agreement.
A3.02-(n) Building Code Revisions: Revisions of plans and specifications required as a result of changes in
building code requirements.
A3.02-(o) Miscellaneous: Any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural/engineering practice related to construction.
A3.02-(p) Renderings; Upon the request of the City for a project rendering and upon written authorization
by the Director, the Consultant shall submit several simple studies of proposed perspective drawings for the
Project, indicating suggestions for angles of view and general composition of a rendering. Upon approval of
a perspective format, the Consultant shall execute and submit one 20" x 30" framed and glassed perspective
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ATTACHI1/4,"4T A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
rendering in color of the Project and three smaller 10" x 15" framed photographic copies, in color as
requested by the City. This will be considered as an additional service, to be compensated on a mutually
agreeable basis in accordance with this Agreement.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and
Additional Services and consist of actual, direct expenditures made by the Consultant and the Consultants for
the purposes listed below. Transportation, travel and per diem expenses within Dade and Broward Counties
shall not be considered as reimbursable expenses under this Agreement. Any travel subject to reimbursement
must be approved by the City in advance of such travel. If Consultant is entitled to reimbursement of travel
expenses, then all bills for travel expenses shall be submitted following applicable provisions of Section
112.061, Florida Statutes.
A4.01-(a) Communications Expenses
Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and
express mail between the Consultant's various permanent offices. The Consultant's field office at the
Project site is not considered a permanent office.
A4.01-(b) Reproduction, Photography
Cost of printing, reproduction or photography, beyond that which is required by or of Consultantas part of the
work, set forth in this Agreement (There is no photography in basic services. Do we want monthly pictures?)
A4.01-(c) Geotechnicallnvesitgation
Identifiable Soil Borings and Reports and testing costs approved by Project Manager.
A4.01-(d) Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the construction Contractor.
A4.01-(e) Surveys Site surveys, special purpose surveys, and/or "As -built" surveys when authorized by the
Project Manager
A4.01-(f) Other items not indicated in Section 4.01 when authorized by the Project Manager
A4.02 SUBCONSULTANT REIMBUREMENTS
Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant agreement
provides for reimbursable expenses and when such agreement has been previously approved in writing by the
Director and subject to all budgetary limitations of the City and requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
The City, at its expense and insofar as performance under this Agreement may require, shall fumish the Consultant
with the information described below, or, if not readily available, may authorize the Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-(a) Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations
of existing structures and/or trees, the grades and lines of street, pavement, and adjoining properties; the
rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-(b) Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or
other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. The Consultant shall recommend necessary tests to the City.
A5.01-(c) General Project Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.01.(a)
A5.01-(d) Existing Drawings: Drawings representing as -built conditions at the time of original construction,
subject to availability. However, such drawings, if provided, are not warranted to represent conditions as of
the date of receipt. The Consultant must still perform field investigations as necessary in accordance with
Article 2.02A (5) to obtain sufficient information to perform his services. Investigative services in excess of
"Normal Requirements," as defined, must be authorized in advance.
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ATTACHMENT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
A5.01-(e) Reliability:
The services, information, surveys and reports described in A5.01-(a) through A5.01-(d) above, shall be
furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof, provided the Consultant has reviewed all such information to determine if additional
information and/or testing is required to properly design the project.
A5.02 PROJECT MANAGEMENT
A5.02-(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 Consultant. The Director or
designee shall approve all invoices for payment to the Consultant.
A5.02-(b) The Director shall designate a City Project Manager from staff to have general responsibility for
management of the Project. The Project Manager shall meet with the Consultant at periodic intervals
throughout the Work to assess the progress of the Work in accordance with approved schedules. The
Project Manager shall also examine documents submitted by the Consultant, including invoices, and shall
promptly render decisions and/or recommendations pertaining thereto, to avoid unreasonable delay in the
progress of the Work.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-(a) During the construction phase, the Consultant and the Department staff shall assume the
responsibilities described in the general conditions and supplementary conditions of the construction
contract relating to review and approval of the construction work by the Contractor.
A5.03-(b) If the City observes or otherwise becomes aware of any fault or defective Work in the Project, or
other nonconformance with the contract during the construction phase, the City shall give prompt notice
thereof to the Consultant.
A5.04 LEGAL AND OTHER SERVICES.
The City shall furnish any available legal, accounting, insurance counseling, and auditing services that the Consultant
may require to ascertain how or for what purposes a Contractor has used the money paid to the Contractor under the
construction contract, as may be required by the City.
Page A-17
ATTACHMENT Al
PROJECT DESCRIPTION
1.0 OVERVIEW
ATTACHMENT A - SCOPE OF SERVICES
The intent of the Project is to secure space for the current and long-term needs of the College of Policing. The
Project is primarily an international police training facility; however the Project also includes space for an auditorium
and retail space.
The Project calls for initial design of approximately a 57,000 square foot (s.f.) facility. Fundraising is ongoing, and will
ultimately determine how much of the project will be built. The Consultant will design for the entire preliminary
program included in this Agreement.
The Project will be located on land currently owned by the City on the Northwest Corner of NW 3rd St and NW 2nd
Ave, Miami, Florida. The project site is 1.3674 acres, plus the adjacent city Police Department site.
Additional information is provided in Exhibits 1-7.
2.0 FACILITY DESIGN INFORMATION
This list is intended to provide guidelines on building -wide programming and design issues.
1. A connection/bridge from the new building to the existing Police Department building is envisioned to take
place at the existing building 3rd level, at the Cafeteria area. The Cafeteria space may need reconfiguration
to accommodate the connection.
2. A walk-through Metal Detector and separate x-ray device will be provided at the main public entrance to the
building. Space shall be provided for a queuing area inside the front door, before people go through the
metal detector and x-ray devices.
3. Access to the Police Store and Health Store shall be directly from the exterior of the building. People
coming to the retail components of the facility will not gain access to the building through the retail spaces.
4. The equipment for the Shooting Range in the building will be provided by the City. The Range will
accommodate 180 degree Range Training activities. Special attention shall be given to the control of gun
noise from the Range, as well as proper ventilation from the space.
5. The only City Department that will be in this building full-time will be the Police Training Department.
6. The existing Police Department building has an operational helipad on the roof of the building. Therefore,
the roofline of this new facility cannot be higher than the existing helipad. The existing Police Department
building is 5 stories high.
7. A feature the Police Department would like integrated into this facility is an exterior location to hold
graduation party functions, as well as press conferences. One option would be a roof patio area where
these functions could take place.
8. The Police Department would like to integrate a space into the design where Police graduation classes could
be photographed. This could be interior or exterior. It would be nice if this could be focused somewhere
where there is a Police Department emblem that could be included in the photograph. Currently the Police
Department does not have a location for this function.
9. An Elementary Charter School exists on the southwest corner of the site. Due to the high volume of traffic to
this school in the morning during drop-off and in the afternoon during pick-up, the Police Department has
requested limited public entrances to the site from NW 3rd Street. A commercial, delivery entrance off of NW
3rd Street would be acceptable. The west side of this site is adjacent to the parking and playground areas of
the Charter School.
10. The E.O.C. portion of the program is intended to take over and utilize classroom spaces in the building. It is
expected that operable partitions will be opened up, which would enable the use of 3 or 4 classrooms as the
E.O.C. This would be considered an effective and efficient use of space. The E.O.C. would need to be
sized to accommodate 60 E.O.C. workstations.
11. The K-9 Training facilities currently located on the site will be relocated off -site.
12. Existing trees on the site may need to be removed. The City of Miami has a process for removal of trees,
which will need to be followed.
Contract No. A-18 Consultant Initials
ATTAL.nMENT A - SCOPE OF SERVICES
13. The parking that exists along the east side of this site is currently used for visitors to the Police Department.
There are approximately 45 parking stalls in this lot. The final design solution will need to accommodate
visitor parking to be used by the existing Police Department facility as well as the new International Police
Training Facility. The new facility is expected to integrate with the existing Police Department site. The
existing parking garage west of the existing Police Department will be made available for users in this
building. The garage houses approximately 500 stalls of parking. The Police Department has stated that
100 of these stalls will be available for use by the new International Police Training Facility. The remaining
stalls will be used by the Police Department. The solution will need to guide users of this building to the
available parking in the existing parking structure, and also provide additional visitor parking for the new
building.
14. A LEED Silver Rating is the goal for this facility. The City currently has no directive as to specific sustainable
design initiatives to incorporate into this building. Sustainable design features should be targeted to enable
this facility to reach the goal of a LEED Silver Rating.
15. There are a number of aspects of Security that will be important to this facility. These include:
a. Perimeter Security
i. Appropriate setback from the street
ii. Security bollard placement
iii. Clear sightlines
b. Building Access
i. Controlling ingress to the building. An x-ray machine and metal detector will be located at
the main public entrance to the facility.
c. Building Circulation Zones
i. Separate circulation zones must be established during the design phase. in this facility,
there shall be 2 primary circulation zones.
1. Public
2, Police Department and Training Personnel
d. Staff only entrances will be equipped with card readers.
e. Interior spaces should be reviewed for function to determine any interior separation required. (i.e.,
limit staff to only certain areas and/or restrict public access.)
f. Use Crime Prevention through Environmental Design (CPTED) principles in the planning of the
facility. This could include decorative planters, landscaping and other architectural elements.
g. Consider security when placing HVAC intakes to limit the possibility of introducing any
contaminates into the facility.
h. The Main Entrance Lobby must be located and designed to enable public entrance to the
auditorium after normal business hours, while securing the remainder of the building from access
by after-hours visitors.
i. One dock station will be needed for standard building use.
3.0 BUILDING PROGRAM
The following is the basic program for the Project. These requirements will be reviewed and may be revised during
the Schematic and Design Development Phases.
#spaces nsf/space nsf/total remarks
CLASSROOMS / EOC
Classrooms 7 900 6,300
EOC Center/Computer Classroom 1 900 900
Copy/Printing Area 1 80 80
Storage 1 100 100
Contract No.
Sub -Total 7,380
flexible partitioning; 25-30 persons each
operational center, glazing on all four
sides
relate to Classrooms for expanded
operations
A-19 Consultant Initials
ATTACHMENT A — SCOPE OF SERVICES
Departmental Efficiency
Factor/Circulation 0.15 1,107 8,487
RANGE TRAINING
12 positions, 4-feet by 75-feet, 180-
Ranges 1 4,800 4,800 degree
column free space
Control Booth 1 100 100 controls targets and lighting
Cleaning Room 1 120 120 weapons cleaning, supplies
Range Supervisor 1 120 120 private office
Ammo Bunker 1 200 200 blast resistant storage
Target Storage 1 100 100
Restrooms 2 50 100 single fixture, ADA accessible
Armorer 1 150 150 private office
Sub -Total 5,690
Departmental Efficiency
Factor/Circulation 0.15 854 6,544
TRAINING
FACILITY/AUDITORIUM
Dormitories 1 1,440 1,440 3 dorms of 4, 2 singles
Lounge/Kitchen 1 560 560 small kitchen, 2 refrigerators
tables with seating for 20 people
Multi -Level, Tiered Auditorium 1 8,000 8,000 200 persons seated at training tables
projection room
Translator's Room 1 200 200 4-5 stations supporting auditorium
Library 1 200 200
Video Studio 1 500 500
Sub -Total 10,900
Departmental Efficiency
Factor/Circulation 0.15 1,635 12,535
SURVIVAL TRAINING
Range Simulator 1 1,000 1,000 virtual reality interface, props
Simulator Control Room 1 120 120 equipment tbd
Equipment Storage 1 100 100
Equipment Care (Washer, Dryer,
Etc.) 1 120 120 commercial washer and dryer, sinks
Defense Tactics Area 1 6,000 6,000 60' by 100' foot room, high ceiling
Contract No. A-20 Consultant Initials 411/111
Sub -Total
Departmental Efficiency
Factor/Circulation
ADMINISTRATIVE OFFICES
Commander's Office
Lieutenant's Office
Sergeant's Office
Conference/Meeting Room
Secure File Storage
Copy/Work
Storage
Range Office
Survival Office
General Office plus Clerical
0.15
1
1
1
5
5
6
Sub -Total
Departmental Efficiency
Factor/Circulation 0,15
COMMON AREAS
Security/Lobby Reception
Health Trust
MPD Police Store
Building Maintenance
Janitorial Closets
Electrical Equipment
Telephone/Data Equipment
Computer Room
SWAT Team
SWAT Van Covered Parking
Cafeteria
1
1
1
1
4
2
2
1
1
2
0
7,340
1,101 8,441
225 225
120 120
100 100
560 560
200 200
80 80
100 100
70 350
70 350
70 420
2,505
376 2,881
ATTAChMENT A - SCOPE OF SERVICES
private office
private office
private office
accommodates 25 people, AN aids
east orientation with view
space saver system
copier, fax, printer, supplies
staff workstations
staff workstations
staff workstations, clerical workstation
1,000 1,000 public entry, public lobby
w/security screening/queuing area, 300
s.f.
w/receptionist, 80 s.f.
commercial, area allowance
commercial, area allowance
400 400
400 400
240 240
20 80
50 100
50 100
120 120
500 500
150 300
0
one per level
as required
as required
servers
lockers, weapons, ammunitions
includes an open area workstation
includes a chemical storage closet
2 outdoor covered parking areas
for SWAT team vans (one future)
shielded from view
assigned at 50% of area for estimating
0 use existing cafeteria with connection at
third floor level
Contract No. A-21 Consultant Initials
ATTb. JIENT A — SCOPE OF SERVICES
Sub -Total 3,240
Departmental Efficiency
Factor/Circulation 0.15 486 3,726
PLUMBING FACILITIES
Toilets (MT first floor/main floor) 2 210 420 public/staff facilities
confirm fixture requirements per code
Toilets (M/F second floor) 2 160 320 confirm fixture requirements per code
Toilets (M/F third floor) 2 130 260 confirm fixture requirements per code
Toilets (M/F fourth floor 2 130 260 confirm fixture requirements per code
Sub -Total 1,260
Departmental Efficiency
Factor/Circulation 0.15 189 1,449
SQUARE FOOTAGE SUB -TOTAL 38,315 net square footage
Departmental Efficiency
Factor/Circulation 0.15 5,747
Bridge Connection 1,000 if required by location on site
MEP Efficiency Factor 0.25 11,016
TOTAL SQUARE FOOTAGE 56,078 total building gross square footage
Contract No.
A-22 Consultant Initials
ATTAR .MENT A — SCOPE OF SERVICES
SCHEDULE A2 - SUBCONSULTANTS
FIRM NAME
CONSULTING FIELD
Fraga Engineering
Mechanical
EAC Consulting, Inc.
Civil/Site Engineering
Curtis + Rogers Design Studio
Landscape Architecture
Carter Goble Lee
Programming
C. Vargas & Associates
Range Design
Shen Milson & Wilke
Audiovisual/Acoustical
Construction Management Services
Estimating
SCHEDULE A3 - KEY STAFF
NAME
JOB CLASSIFICATION
Enrique Macia
Principal
Jim Koepp
Project Manager
Doug McKenzie
Assistant Project Manager
Scott Tao
Project Architect
Alicia Garcia
Head Specification Writer
Jenny Kyryluk
Specification Administrator
Dean Newberry
Principal
B. Molitor
Interior Design
Ron Hunt
Project Director, Structural
J. Mola
Project Engineer, Structural
Emilio Rivero
Project Director, Electrical
Juan Bauza
Project Engineer, Electrical
G. Wrentz
Construction Administrator
Contract No.
END ATTACHMENT A
A-23 Consultant Initials
M
,CHMENT B — COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 COMPENSATION FOR SERVICES
The City shall pay and Consultant agrees to accept as full payment for the WORK an amount not to exceed One million
four hundred thousand dollars ($1,400,000.00). Said Compensation consists of:
Base Fee: $1,337,200.00 `� \L
• Allowance for Reimbursable Expenses: $ 40,000.00 E`
• Allowance for Additional Services $ -20 00O 00- , • ` °
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable
by the City under this Agreement shall be limited to the amount specified in Section 2.03-1 as the maximum
compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any
liability for work performed, or as otherwise may be alleged or claimed by Consultant, beyond the cumulative amount
provided herein, except where specifically approved in accordance with the City Code by the City Manager or City
Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement.
ARTICLE 82 WAGE RATES
B2.01 FEE BASIS
All fees and compensation payable under this Agreement shall be based upon the Wage Rates that have been
approved by the Director. Said Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said
Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant and Subconsultant
employees in the specified professions and job categories that are to be utilized to provide the Professional Services
under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule 81 ideritifies the professions, job categories and/or employees expected to be used during the term of this
Agreement. These may include, but are not limted to, architects, engineers, landscape architects, designers, CADD
technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative
support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves
the right to recommend the use of Consultant employees at particular Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, a multiplier of 2.9 shall apply to the approved average hourly Wage Rates
in calculating compensation payable by the City. Said multiplier is intended to cover Consultant employee benefits
(e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office
and drafting supplies, depreciation of equipment, professional dues, subscriptions, reproduction of documents,
drawings and specifications, mailing, stenographic, administrative and clerical support,.
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for the Work and any
additional work directly related to this Project requested by City. Consultant shall identify job classifications, available
staff and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones and
deliverables identified under the Scope of Work as exemplified in Schedule A2.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this
Agreement, fees computed by one or a combination of the methods outlined herein, as applicable, in the following
manner:
63.01 LUMP SUM
Compensation for this Scope of Work is a Lump Sum, Not to Exceed Fee. Should the City require Additional
Services direclty related to this Project, Lump Sum compensation is the preferred method of compensation.
B3.01-1 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established
herein. The City may require Consultant to verify or justify its requested Lump Sum compensation. Such
verification shall present information deemed sufficient and acceptable to City.
City Contract No. Pages B-1
Consultant Initials
A.. ACHMENT 8 - COMPENSATION
B3.01.2 CHANGES TO PROJECT SCOPE
if the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for the Base Fee may
be equitably adjusted by mutually consent of the parties, which may be put into effect by an amendment to the
Agreement.
33.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subcons::itant employees identified in
Schedule B1 Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs
expressed in the Agreement. The City shall have no liability for any fee, cost or expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees may be used only in those instances for Additional Work directly related to this Project where
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 such Additional Work. In such cases, the City will establish an
allowance that shall serve as a not to exceed fee for the Work to be performed on an hourly rate basis.
B3.03 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall be reimbursed on the cost borne by the Consultant and shall not
include charges for Consultant handling, office rent or overhead expenses of any kind, including local telephone and
utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc.,
reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and
subsistence not directly related to the Project. All reimbursable services shall be billed to the City at direct cost
expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will
be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this
Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without
limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES
The design of additive and deductive alternates contemplated as part of the original Scope for the Project as stated in
the Agreement is considered as part of Basic Services. The design of additive and deductive alternates that are
beyond the original Scope of Work and construction budget may be billed to City as Additional Services. The fees for
alternates will be calculated by one of the methods outlined above, as mutually agreed by the Director and the
Consultant.
B3.05 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation and/or
Reimbursable Expenses, as defined in this Agreement under Sections B3.05 and B3.03 respectively, may be
applicable.
B3.05-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed upon Lump
Sum or Hourly Rate with a Not to Exceed Limit,.
83.05-2 Procedure and Compliance
Provided that the fee for required Additional Service(s) are within the Allowance for Additional Services
established herein, an independent and detailed Notice to Proceed shall be required to be issued and signed by
the Director for each additional service requested by the City. Should said Allowance for Additional Services be
exhausted, then an Amendment to the Agreement will also be required for further Work of this type. The Notice
to Proceed will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall
comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultant's Competitive
Negotiation Act, and other applicable laws.
B3.05-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall
not include additional charges for office rent or overhead expenses of any kind, including local telephone and
utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc.,
reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and
subsistence not directly related to a project.
City Contract No.
Pages B-2 Consultant initials
A..ACHMENT B — COMPENSATION
B3.06 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and specifications, for
extended construction administration, or for other work when such work is due to errors or ommissions of Consultant
as determined by City.
B3.07 FEES RESULTING FROM OJ C t S11C-'ENSION
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, during any Phase, the Consultant shall be paid for services duly authorized, performed prior
to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due,
and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the
Project is resumed after having been suspended for more than three months, the Consultant's further compensation
shall be subject to renegotiation.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Professional Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the actual amount
paid by Consultant.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For this Project, for which comprehensive design services are stipulated, payments shall, in the aggregate, not
exceed the percentage of the estimated total Basic Compensation indicated below for each Phase.
This payment shall be made monthly, based upon the schedule of deliverables, and according to the phases of this
Agreement, in proportion to the services performed do that the compensation at the completion of each phase shall
equal the following percentages and amounts of the total fee:
College of Policing
Phase I programming & Schematic Design $224,000 16.75%
Phase II Design Development $263,000 19.67%
Phase III Construction Documents $531,300 39.73%
Phase IV Bidding and Award $ 54,900 4.11%
Phase V Construction Administration $264.000 19.74N
TOTAL FEE $1,337,200 100%
At the City's option, partial payments may be made during the Construction Contract Administration Phase in
proportion with amounts paid on the Construction Contract. Sub -Consultant fees and Reimbursable Expenses shall
be billed to the City in the actual amount paid by Consultant.
B4.02-1 If the Construction Contract Time is extended through no fault of the Consultant, the Consultant
may be compensated for any required Professional Services and for expenses not otherwise compensated for in
connection with such time extensions, in accordance with Section 5.01C and Schedule B1 and as authorized by
the Director or his/her authorized representative.
B4.03 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested monthly in proportion to the services performed.
When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval try the Director,
a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all
personnel directly engaged on a project or task. The Consultant shall attach to the invoice all supporting data for
payments made to Subconsultants engaged on the Project or task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the
percentage of completion of the Project development and the total estimated fee to completion.
ARTICLE B5 COMPENSATION FOR REUSE
B5.01 GENERAL
It is understood by Consultant that the City may re -use the plans and specifications, including construction drawings,
at the City's sole option. By virtue of signing this Agreement Consultant and Subconsultants agree to a re -use in
accordance with this Article without the necessity of further approvals, compensation, fees or documents being
required and without recourse for such re -use.
City Contract No. Pages B-3
Consultant Initials
A I ACHMENT B - COMPENSATION
SCHEDULE B1 -'NAGE RATES
JOB CLASSIFICATION (Spiillis Candela DMJM
ADJUS T =D
HOURLY RATE
(Multiplier Not
Applied)
Principal, Architectural
$60.59
Project Manager
$42.31
Assistant Project Manager
$42.31
Project Architect
$39.25
Head Specification Writer
$40.87
Specification Administrator
$24.04
Principal, Specifications
$63.21
Interior Design
$34.64
Project Director, Structural
$69.23
Project Engineer, Structural
$50.65
Project Director, Electrical
$54.53
Project Engineer, Electrical
$34.85
Construction Administrator
$21.08
Engineer I
$23.06
CADD III
$24.33
CAD
$19.90
CADD1 or 2
$17.07-$19.75
City Contract No.
Pages B-4 Consultant Initials