HomeMy WebLinkAboutExhibitCITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
SERVICE CATEGORY:
CONTRACT TYPE:
PROJECT NAME:
PROJECT No.:
CONSULTANT:
CONSULTANT'S OFFICE:
CITY AUTHORIZATION:
CITY CONTRACT No.:
ARCHITECTURAL & ENGINEERING SERVICES
PROJECT SPECIFIC
MUSEUM PARK PROJECTS
B-30358
COOPER, ROBERTSON & PARTNERS, LLP.
311 WEST 43RD STREET
NEW YORK, NY 10036
212 247-1717
RESOLUTION No. 07-0356
07-749
Page 1
TABLE OF CONTENTS
RECITAL 6
ARTICLE 1 DEFINITIONS 6
ARTICLE 2 GENERAL CONDITIONS 7
2.01 TERM 7
2.02 SCOPE OF SERVICES 7
2.03 COMPENSATION 7
ARTICLE 3 PERFORMANCE 7
3.01 PERFORMANCE AND DELEGATION 7
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7
3.03 CONSULTANT KEY STAFF 7
3.04 TIME FOR PERFORMANCE 8
3.05 DESIGN RESPONSIBILITIES 8
ARTICLE 4 SUB -CONSULTANTS 8
4.01 GENERAL 8
4.02 SUB -CONSULTANT RELATIONSHIPS 8
4.03 CHANGES TO SUB -CONSULTANTS 8
ARTICLE 5 DEFAULT 9
5.01 GENERAL 9
5.02 TIME TO CURE DEFAULT: FORCE MAJEURE 9
ARTICLE 6 TERMINATION OF AGREEMENT 9
6.01 CITY'S RIGHT TO TERMINATE 9
6.02 CONSULTANT'S RIGHT TO TERMINATE 9
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9
ARTICLE 7 DOCUMENTS AND RECORDS 9
7.01 OWNERSHIP OF DOCUMENTS 9
7.02 DELIVERY UPON REQUEST OR CANCELLATION 10
7.03 RE -USE BY CITY 10
7.04 NONDISCLOSURE 10
7.05 MAINTENANCE OF RECORDS 10
ARTICLE 8 INDEMNIFICATION 10
9.01 COMPANIES PROVIDING COVERAGE 11
9.02 VERIFICATION OF INSURANCE COVERAGE 11
9.03 FORMS OF COVERAGE 11
9.04 MODIFICATIONS TO COVERAGE 11
ARTICLE 10 MISCELLANEOUS 12
10.01 AUDIT RIGHTS 12
Page 2
10.02 ENTIRE AGREEMENT 12
10.03 SUCCESSORS AND ASSIGNS 12
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 12
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 12
10.06 NOTICES 12
10.07 INTERPRETATION 13
10.08 PRIORITY OF PROVISIONS 13
10.09 COMPLIANCE WITH LAWS 13
10.10 Non -Discrimination 13
10.11 DISCRETION OF DIRECTOR 13
10.12 CONTRACT DISPUTE RESOLUTION 13
10.13 MEDIATION -WAIVER OF JURY TRIAL 13
10.14 INDEPENDENT CONTRACTOR 14
10.15 PERFORMANCE EVALUATION 14
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL 17
A1.01 RANGE OF SERVICES 17
A1.02 STATUS OF COMPONENTS OF PROJECT 17
A1.03 COORDINATION MEETINGS 17
A1.04 DESIGN CRITERIA PROFESSIONAL SERVICES 17
A1.05 NON-EXCLUSIVE RIGHT 17
A1.06 PAYMENTS 18
ARTICLE A2 BASIC SERVICES 18
A2.01 DEVELOPMENT OF OBJECTIVES 18
A2.02 SCHEMATIC DESIGN 18
A2.03 DESIGN DEVELOPMENT 19
A2.04 CONSTRUCTION DOCUMENTS 19
A2.05 BIDDING AND AWARD OF CONTRACT 20
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 21
ARTICLE A3 ADDITIONAL SERVICES 24
A3.01 GENERAL 24
ARTICLE A4 REIMBURSABLE EXPENSES 25
A4.01 GENERAL 25
A4.02 SUB -CONSULTANT REIMBURSEMENTS 25
ARTICLE A5 CITY'S RESPONSIBILITIES 25
A5.01 PROJECT & SITE INFORMATION 25
A5.03 CONSTRUCTION MANAGEMENT 26
A5.04 LEGAL AND OTHER SERVICES 26
SCHEDULE Al - PROJECT DESCRIPTIONS 27
Page 3
SCHEDULE A2 - SUB -CONSULTANTS 28
SCHEDULE A3 - KEY PERSONNEL 29
ATTACHMENT B - COMPENSATION AND PAYMENTS 30
ARTICLE B1 COMPENSATION FOR SERVICES 30
B1.01 COMPENSATION LIMITS 30
B1.02 CONSULTANT NOT TO EXCEED 30
ARTICLE B2 WAGE RATES 30
B2.01 FEE BASIS 30
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30
B2.03 MULTIPLIER 30
B2.04 CALCULATION 31
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 31
B3.01 LUMP SUM 31
B3.02 HOURLY RATE FEES.. 31
B3.03 REIMBURSABLE EXPENSES 31
B3.04 FEES FOR ADDITIONAL SERVICES 32
B3.05 PAYMENT EXCLUSIONS 32
B3.06 FEES RESULTING FROM PROJECT SUSPENSION 32
ARTICLE B4 PAYMENTS TO THE CONSULTANT 32
B4.01 PAYMENTS GENERALLY 32
B4.02 COMPENSATION FOR CONSTRUCTION ADMINISTRATION 32
B4.03 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 33
B4.04 DEDUCTIONS 33
ARTICLE B5 REIMBURSABLE EXPENSES 33
B5.01 GENERAL 33
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 33
ARTICLE B6 COMPENSATION FOR REUSE 34
B6.01 GENERAL 34
Page 4
THIS AGREEMENT made this _ day of in the year 2008 by and
between the City of Miami, Florida, hereinafter called the "City," and Cooper, Robertson &
Partners, LLP., a New York Limited Liability Partnership, hereinafter called the "Consultant."
RECITAL
A. City issued a Request for Qualifications ("RFQ") No. 05-06-119 on January 29,
2007 for the provision of Architectural and Engineering Services for the design of the Museum
Park. The Consultant's proposal ("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, City, through action of the City Commission has selected Consultant
in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation
Act), and the applicable provisions of City Procurement Ordinance, to provide the professional
services as described herein by Resolution No. 07-0356, adopted June 14, 2007 and authorized
the City Manager to negotiate this Agreement
C. WHEREAS, the City, through action of the City Commission, by Resolution No.
07- , adopted , has authorized the City Manager to execute this Agreement
WITNESSETH, that City and Consultant, for the considerations herein set forth, agree
as follows:
Consultant's Initials City's Initials
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City Contract No. 07-749
ARTICLE 1 DEFINITIONS
1.01 Actual Construction Cost means the
construction cost during the performance of the
Construction Administration Services.
1.02 Additional Services means any Work
defined as such in a Work Order, secured in
compliance with Florida Statutes and City Code.
1.03 Attachments mean the attachments to this
Agreement which are expressly incorporated by
reference and made a part of this Agreement as if set
forth in full.
1.04 Base Fee means the amount of
compensation mutually agreed upon for the
completion of Basic Services.
1.05 Basic Services means those services
designated as such in this Agreement, including the
Attachments hereto.
1.06 City Commission means the legislative
body of City of Miami.
1.07 City Manager means the duly appointed
chief administrative officer of City of Miami.
1.08 City means 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 City exercises its
regulatory authority as a governmental body, the
exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws
and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body
and shall not be attributable in any manner to City as
a party to this Agreement. For the purposes of this
Agreement, "City" without modification shall mean
City Manager or Director, as applicable.
1.09 Construction Administration means the
act of managing all aspects of construction from
issuance of bid documents to issuance of a certificate
of occupancy and final release of liens.
1.10 Consultant means the individual,
partnership, corporation, association, joint venture,
limited liability partnership, 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 City.
1.11 Contractor means an individual,
partnership, corporation, association, joint venture, or
any combination thereof, which has entered into a
contract with City for construction of City facilities and
incidentals thereto.
PROFESSIONAL SERVICES AGREEMENT
1.12 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 or Agent.
1.13 Force Majeure means an event as
interpreted under Florida Statutes.
1.14 Hourly Rates means the effective direct
expense to Consultant and/or Sub -consultant, on an
hourly rate basis, for employees in the specified
professions and job categories assigned to provide
services under this Agreement that justify and form
the basis for professional fees regardless of actual
manner of compensation.
1.15 Inspector means an employee of City or of
a consulting firm hired by City and assigned by City to
make observations of Work performed by a
Contractor.
1.16 Museum Master Plan or Master Plan
means the document prepared for the City by Cooper,
Robertson & Partners dated November 15, 2006 and
the Master Plan sketch presented in the City
Commission meeting of March 13, 2008.
1.17 Museum Park means the revitalized 30+
acre City -owned parcel of land currently known as
Bicentennial Park. In 2000, the City Commission
passed a resolution to renew Bicentennial Park as a
"premier public park." During that time, the Miami
Museum of Science and the Miami Art Museum
completed a multi -year site and funding analysis for
the development of new, world -class institutions at
Bicentennial Park. The trustees of both the Miami Art
Museum and the Miami Museum of Science adopted
a joint resolution establishing the collaborative goal of
creating "Museum Park Miami" in Bicentennial Park.
1.18 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 the Project as outlined in the Scope of
Work.
1.19 Pre -Construction Manager means an
entity hired to provide cost, scheduling,
constructability reviews and other services. Project
Management firm may be engaged to provide
Construction Management Services.
1.20 Project Manager means an employee or
representative of 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 City.
City's Initials
Consultant's Initials
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City Contract No. 07-749
1.21 Project means the planning, design,
construction, alteration and/or repair, and all services
and incidentals thereto, of a City facility known as
Museum Park as contemplated and budgeted by City.
The Project shall be further defined in the Scope of
Services section of this Agreement.
1.22 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.
1.23 Reimbursable Expenses means those
services authorized by City in addition to the Basic
and Additional Services and consist of actual, direct
expenditures made by Consultant and the Sub-
consultant(s).
1.24 Risk Administrator means City's Risk
Management Administrator, or designee, or the
individual named by City Manager to administer
matters relating to insurance and risk of loss for City.
1.25 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. The Scope of Work for this
Agreement is attached hereto and incorporated as
Attachment A.
1.26 Sub -Consultant means a person or
organization of properly registered professional
architects, landscape architects, engineers, registered
surveyor or mapper, and/or other professional
specialty that has entered into a written agreement
with Consultant to furnish specified professional
services for the Project or task.
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 the terms set forth in
this Agreement, including the special terms and
conditions set forth in Attachment "A", as same may
be supplemented by mutual agreement of the parties,
which by this reference is incorporated into and made
PROFESSIONAL SERIVCES AGREEMENT
a part of this Agreement. The Work shall be based on
the March 13, 2008 plan which is hereby incorporated
by reference and made a part of this Agreement.
2.03 COMPENSATION
2.03-1Compensation Limits
The maximum amount of compensation payable by
City to Consultant, including reimbursable expenses
and an additional services allowance, shall be a not to
exceed fee of $5,991,000.00. The Compensation
Amount is based on fee of $5,081,000 for Basic
Services, and $910,000 for reimbursable expenses
and additional services as set forth in Article B.1.
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 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.
-ARTICLE-3--PERFORMANCE - 3.01 PERFORMANCE AND DELEGATION
The Professional Services to be performed hereunder
shall be performed by Consultant's own staff and the
Sub -consultants identified in this Agreement, unless
otherwise approved in writing by City. Said approval
shall not be construed as constituting an agreement
between City and said other person(s) or firm.
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 Consultant, or any
Sub -consultants, or any personnel of any such Sub -
consultants engaged by Consultant to provide and
perform services or Work pursuant to the
requirements of this Agreement. 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 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-2are available
for Work hereunder as long as said Key Personnel
are in Consultant's or Sub -consultant's employ.
Consultant will obtain prior written approval of Director
Consultant's Initials
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City Contract No. 07-749
City's Initials
or Agent to change Key Personnel. Consultant shall
provide Director or Agent 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
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
based on the schedule set forth in Section A2.07.
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 City should there be a delay on the part of City in
fulfilling its obligations under this Agreement as stated
herein. Such extension of time shall not be cause for
any claim by Consultant for extra compensation.
3.05 DESIGN RESPONSIBILITIES
3.05-1 Errors and Omissions
Consultant shall be responsible to promptly make
corrections to Consultant's Work when Consultants
Work is found to contain discrepancies, errors or
omissions.
To the extent that such discrepancies, errors or
omissions are the fault of Consultant, costs associated
with corrections of Consultant's Services, and delays
and/or costs of the construction work resulting from,
Toss of use, increased costs of construction, cost for
correction or replacement of construction work already
performed, and damages associated with the
Contractor's Work or the work of other Project
participants, resulting from such discrepancies, errors
or omissions shall be borne by Consultant.
3.05-2 Acceptance of Existing Work Product
Cooper, Robertson & Partners, by separate
agreement, has prepared the Master Plan for
Bicentennial Park. In addition, Cooper, Robertson &
Partners has prepared schematic designs and design
documents for portions of the Project which shall be
revised based upon the Plan presented in the City
Commission meeting of March 13, 2008. Consultant
shall prepare their construction documents based on
such revised 'scliematic—design and design
development documents. .
3.05-3 Nonconforming Work
Consultant shall promptly give notice to City of any
defective or nonconforming Work of the Contractor or
any other Project participant whenever discovered by
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.
PROFESSIONAL SERIVCES AGREEMENT
3.06 MEETINGS
During design, Consultant shall schedule, at a
minimum, bi-weekly meetings with City. At such
meetings, Consultant will discuss schedule, budget,
scope and any specific design issues needing
attention. Consultant shall keep meeting minutes and
action item lists for all such meetings. Special
meetings may be required on a more frequent basis
to address specific design issues.
ARTICLE 4 SUB -CONSULTANTS
4.01 GENERAL
4.01-1 A Sub -consultant is a person or organization of
properly registered professional architects, landscape
architects, engineers, registered surveyors or mapper,
and/or other qualified professional that has, with the
consent of the Director, entered into a written
agreement with 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 Agreement or
subsequently by the Director, and as such, is
identified and listed in Schedule A2 attached hereto.
4.01-2 A Specialty Sub -consultant -is a person or
organization that has, with the consent of the Director,
entered into a written agreement with Consultant to
furnish 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 A2.
4.02 SUB -CONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Sub -consultants
shall be performed pursuant to appropriate written
agreements between Consultant and the Sub -
consultants which shall contain provisions that
preserve and protect the rights of City under this
Agreement.
4.02-2Nothing contained in this Agreement shall
create any contractual or business relationship
between City and the Sub -consultants. Consultant
acknowledges that Sub -consultants are entirely under
its direction, control, supervision, retention and/or
discharge.
4.03 CHANGES TO SUB -CONSULTANTS
Consultant shall not change any Sub -consultants
listed in Schedule A2 without prior written approval by
the Director, in response to a written request from
Consultant stating the reasons for any proposed
substitution. Such approval shall not be unreasonably
withheld, conditioned, or delayed by the Director.
Consultant's Initials
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City Contract No. 07-749
City's Initials
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,
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 City to
Consultant while Consultant was in default shall be
immediately returned to 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 of
Consultant, in addition to the foregoing, Consultant
shall be liable to City for reasonable and immitigable
costs and expenses incurred by City in the re -
procurement of the Services. In the event of default,
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 shall 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 City
Manager terminating this Agreement. City Manager or
Director may, in their sole discretion, extend in writing
the timeframe for curing said default.
If any such failure on the part of Consultant is due to a
condition of force majeure as that term is interpreted
under Florida law, then City may allow an extension of
time reasonably commensurate with the cause of
such failure to perform or cure.
If Consultant is delayed in performing any obligation
under this Agreement due to a force majeure
condition, then Consultant shall request a time
extension from 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-clairmby-C-onsultant for extra -
compensation unless Additional Services are
required.
ARTICLE 6 TERMINATION OF
AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
6.01-1 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
PROFESSIONAL SERIVCES AGREEMENT
Agreement, whether finished or not, must be tumed
over to City. If the termination is without cause, 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 City.
6.01-2 Consultant shall have no recourse or remedy
from a termination made by 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 City, its officials or
employees.
6.02 CONSULTANT'S RIGHT TO
TERMINATE
Consultant shall have the right to terminate this
agreement, in writing, following breach by City, if
breach of contract has not been corrected within sixty
(60) days from the date of City's receipt of a written
notice from Consultant specifying 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 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 Consultant any fee,
commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making
of this Agreement.
For the breach or violation of this provision, City shall
have the right to terminate the Agreement without
compensation.
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 City without restriction
or limitation on their use, and will be made available,
on request, to City at any time during the performance
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of such services and/or upon completion or
termination of this Agreement. Consultant and its
Sub -consultants' electronic CADD (Computer
Assisted Design and Drafting) files, tapes, disks, and
similar items remain the property of City. Consultant
will provide these electronic items upon the request of
City or upon completion/termination of this
Agreement. Consultant shall provide documents to
others at the direction of City consistent in content
and format with normal document production as
determined by City. 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 Consultant may
result in adverse consequences that Consultant can
neither predict nor control. Accordingly, 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 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 City. City agrees
That_ the ._ design documents to be provided by
Consultant will contain certain standard Consultant
component design details from Consultant's Best
Practices Detail Library, which standard component
details shall remain the property of 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 Consultant will not compromise the complete
transfer to City of the unique features of the design for
the Work and will not result in a compromise of City's
absolute right, title and ownership to the work product
and design documents herein.
--Consultant-wilt not be liable for use by 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. City shall have the right to visit the site for
inspection of the Work and the products of Consultant
at any time. Consultant shall be permitted to retain
copies, including reproducible copies, solely for
__information_and reference in onnection_with_Ci y's
use and occupancy of the Project.
Consultant retains the right to utilize the drawings for
promotional and marketing purposes.
7.02 DELIVERY UPON REQUEST OR
CANCELLATION
Failure of Consultant to promptly deliver all such
documents to the Director within ten (10) days of
cancellation, or within ten (10) days of request by
City, shall be just cause for City to withhold payment
of any fees due Consultant until Consultant delivers
PROFESSIONAL SERIVCES AGREEMENT
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 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. Consultant will not be liable for use by
City of plans, documents, studies, or other data for
any purpose other than 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 Consultant's obligations hereunder, or
in the course of judicial or legislative proceedings
where such information has been properly
subpoenaed, any non-public information conceming
the services to be rendered by Consultant hereunder,
and Consultant shall require all of its employees,
agents, and Sub -consultants 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, the
records and documentation will be retained by
onsultant_for-a_ninirnum ofihr_ee (31 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
necessaryduringthe 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.
N S PRR V-IBED BY -CITY
While the City does not warrant the accuracy of any
existing documentation relative to the existing facility,
Consultant shall have the right to rely on all existing
documentation provided by the City except such
information as the City and Consultant agree shall be
field verified. Consultant shall notify City, in writing, of
any errors in existing documentation as soon as such
error is discovered. In no way shall City or Consultant
be liable for existing field conditions.
ARTICLE 8 INDEMNIFICATION
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Consultant shaft hold harmless, indemnify and defend
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
Consultant or its Sub -consultants. 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 City when applicable, and
shall pay all costs, including without limitation
reasonable attomey's and appellate attorney's fees,
and judgments which may issue thereon. Consultant's
obligation under this Article shall not be limited in any
way by the agreed upon compensation, or
Consultants 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 Consultant, its
agents, servants, representatives or Sub -consultants.
ARTICLE 9 INSURANCE
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies
_authorized to 10 husiness_under the laws of the State
of Florida and satisfactory to the Risk Administrator.
All companies shall have a Florida resident agent and
be rated at least A(X), as per A.M. Best Company's
Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE
COVERAGE
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 Consultant has obtained
insurance of the type, amount and classification
required---by—these--provisions. ---Consultant -._shall
maintain coverage with equal or better rating as
identified herein for the term of this Agreement.
Consultant shaft provide written notice to City's
Department of Risk Management of any material
change, cancellation and/or notice of non -renewal of
the insurance within thirty (30) days of the change.
Consultant shall furnish a copy of the insurance policy
or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies
pertaining to this Agreement to the Risk Administrator
within ten (10) days of written request,
9.03 FORMS OF COVERAGE
9.03-1 Minimum Insurance Coverage
The following requirements illustrate the minimum
coverages required by the City. The City reserves the
right to request higher coverage amounts once the
Consultant's Scope of Work is negotiated. Prior to
contract execution or at anytime thereafter, the
required coverages may change as a result of a
change in the Scope of Work. Should additional
PROFESSIONAL SERIVCES AGREEMENT
insurance be required by the City, Consultant may be
reimbursed by the City for the actual cost of such
insurance.
9.03-2 Commercial General Liability and
Automobile Liability
Coverage shall have minimum limits of $1,000,000
per Occurrence, $2,000,000 aggregate for Bodily
Injury Liability and Property Damage Liability. This
shall include Premises and Operations, Independent
Contractors and Contractual Liability. Automobile
coverage including owned, hired, borrowed or non -
owned autos, with a combined single limit of at least
$1,000,000 Bodily Injury and Property Damage
Liability for any one accident. City of Miami shall be
named an additional insured on both of these
coverages.
9.03-3 Professional Liability Insurance
Consultant shall maintain Professional Liability
coverage with limits of at least $5,000,000 aggregate,
providing for all sums which Consultant shall be
legally obligated to pay as damages for claims arising
out of the services performed by Consultant or any
person employed by Consultant in -connection with
-this--Agreement. In —addition, ---Project Specific
Professional Liability coverage shall be maintained
with limits of at least $2,000,000. These insurances
shall be maintained for at least two (2) years after
completion of the construction and acceptance of the
Project covered by this Agreement.
Consultant shall not be liable for errors and omission
relative to the accuracy of the survey and
geotechnical reports and plans. Consultant shall be
liable for designing the Project to the survey and
geotechnical reports and plans provided to the
Consultant.
Professional_. Liability._ Insurance_ will not cover the
survey and geotechnical Work managed by the
Consultant, where the City has contracted for such
services under separate contract. The Consultant
shall have no liability or responsibility for the accuracy
of the survey or geotechnical Work.
9.03-4 Worker's Compensation Insurance
Consultant shall maintain Worker's Compensation
Insurance in compliance with Florida Statutes,
Chapter 440, as amended, and Employee's Liability
-with-a lit till urn ach occurrence.
9.03-5 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 its 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
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City Contract No. 07.748
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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 additional
costs from City.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
City reserves the right to audit Consultant's accounts
during the performance of this Agreement and for
three (3) years after final payment under this
Agreement. Consultant agrees to furnish copies of
any records necessary, in the opinion of the Director,
to approve any requests for payment by Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to
time, represents the entire and integrated agreement
between City and 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 Consultant without the written
consent of City, acting by and through its City
Commission. It is understood that a sale of the
majority of the stock or partnership shares of
Consultant, a merger or bulk sale, an assignment for
the benefit of creditors shall give the City a right to
terminate this Agreement.
Consultant's services are unique in nature and any
transference without City approval shall be cause for
City to cancel this Agreement. Consultant shall have
no recourse from such cancellation. 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_for i satisfactory -to. City Attorney as a condition
precedent to considering approval of an assignment.
Consultant and 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.
PROFESSIONAL SERIVCES AGREEMENT
10.04 TRUTH -IN -NEGOTIATION
CERTIFICATE
In compliance with Consultant's Competitive
Negotiation Act, for any project to be compensated
under the Lump Sum method, 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
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 one (1) year following
the end of the Project.
10.05 APPLICABLE LAW AND VENUE OF
LITIGATION
This Agreement shall be interpreted and construed in
accordance with and govemed by the laws of the
State of Florida. Any suit or action brought by any
party, conceming this Agreement, or arising out of this
Agreement, 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 City under ARTICLE 8 where Consultant
shall pay City's reasonable attomey'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 electronic 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: Mr. Gary Fabrikant,
Assistant Director
Dept. of Capital Improvements
Program (CIP)
City of Miami
444 S.W. 2nd Avenue - 8th FI
Miami, Florida 33130
With
to:
copies Ms. Julie O. Bru, City Attomey
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, FI. 33130-1910
Mr. David Mendez, Assistant Director
CIP Department
City of Miami
444 S.W. 2nd Avenue - 8th Fl
Miami, Florida 33130
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City Contract No. 07-748
City's Initials
For
Consultant:
With
to:
and
David Mendez, P.E.
Dept. of Capital Improvements
Program (CIP)
City of Miami
444 S.W. 2nd Avenue - 8th FI
Miami, Florida 33130
Mr. Alexander Cooper
Cooper, Robertson & Partners, LLP.
311 West 43'd Street
New York, NY 10036
copies Mr. Michael Jasper
Cooper, Robertson & Partners, LLP.
311 West 43rd Street
New York, NY 10036
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. 1 he headings contained in this
Agreement are for reference purposes only and shall
not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the
singular shall include the plural, and vice versa,
unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer
to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear,
unless the context otherwise requires. Whenever
reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article
as a whole, including_ ions 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
Consultant's Initials
PROFESSIONAL SERIVCES AGREEMENT
Agreement. Consultant represents and warrants that
there shall be no unlawful discrimination as provided
by law in connection with the performance of this
agreement.
10.10 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 City, including Titles
I & II of the ADA (regarding nondiscrimination on the
basis of disability) and all applicable regulations,
guidelines and standards.- Additionally, Consultant
shall.take _afflrrnative steps--to.insure nondiscrimination
in employment of disabled persons.
10.11 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing
with City or decisions of City shall be within the
exercise of the reasonable professional discretion of
the Director or the Director's authorized designee.
10.12 CONTRACT DISPUTE RESOLUTION
Consultant understands and agrees that all disputes
between it and City based upon an alleged violation of
the terms of this Agreement by City shall be submitted
to 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, City
Manager's decision shall be approved or disapproved
by City Commission. Consultant shall not be entitled
to seek judicial relief unless: i) it has first received City
Manager's written decision, approved by City
Commission if applicable, or ii) a period of sixty (60)
days has expired after submitting to City Manager a
detailed statement of the dispute, accompanied by all
supporting documentation, or a period of ninety (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 City
Manager.
10.13 MEDIATION -WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to
resolve conflict which may arise during the course of
the design and/or construction of the Project, and/or
following the completion of the Project the parties to
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City Contract No. 07-749
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 an equal basis. Consultant agrees to
include such similar contract provisions with all Sub -
consultants retained for the Project, thereby providing
for non -binding mediation as the primary mechanism
for dispute resolution.
In an effort to expedite the conclusion of any litigation
the parties voluntarily waive their right to jury trial or to
file permissive counterclaims in any action arising
under this Agreement.
10.14 INDEPENDENT CONTRACTOR
Consultant has been procured and is being engaged
to provide services to City as an independent
contractor, and not as an agent or employee of City.
This Agreement does not create a joint venture,
partnership or other business enterprise between the
parties. Consultant has no authority to bind City to
any- promise, - debt, default, orundertakingof
Consultant. Consultant shall not attain, nor be entitled
PROFESSIONAL SERIVCES AGREEMENT
to, any rights or benefits under the Civil Service or
Pension Ordinances of City, nor any rights generally
afforded classified or unclassified employees.
Consultant further understands that Florida Workers'
Compensation benefits available to employees of City
are not available to Consultant, and agrees to provide
workers' compensation insurance for any employee or
agent of Consultant rendering services to City under
this Agreement.
10.15 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 City, a performance
evaluation report may be completed by City. The
performance evaluations will be kept in City files for
use on future solicitations.
10.16 CONTINGENCY CLAUSE
Funding for this Agreement is contingent upon 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.
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City Contract No. 07-749
City's Initials
PROFESSIONAL SERIVCES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST CONSULTANT, Cooper Robertson & Partners,
LLP
Alexander Cooper, Partner
ATTEST: (Corporate Seal, if applicable)
Consultant Secretary
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Pedro G. Hernandez, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
LeeAnn Brehm, Administrator
Risk Management Department
Julie O. Bru, City Attorney
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City Contract No. 07-749
PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under
the laws of the State of , held on the _day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
20
Secretary:
Print:
day of
NOTARIZATION
STATE OF
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did -/did not) -take -an -oath:
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
City Contract No. 16
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Consultant shall provide comprehensive professional Architectural and Engineering services for the Project for which
Consultant was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive
Negotiations Act (CCNA).
A1.01 RANGE OF SERVICES
Consultant shall furnish, as Basic Services, comprehensive professional services for the Projects including, but not
limited to complete planning and design services, programming, surveying, geotechnical, feasibility studies, options
evaluations, public meetings, irrigation, lighting, electrical, landscaping, parking analysis, detailed facility
assessments, cost estimates, opinions of probable construction cost, preparation of bid and construction documents,
review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction
contract administration, and review and approval of as -built documentation submitted by the Contractor.
Professional services will be limited to providing architectural and engineering services for the design of Museum
Park as further described in Attachment Al .
A1.02 STATUS OF COMPONENTS OF PROJECT
The various components (Components) of the Project are at various stages of the design process ranging from
programing through deisgn development. Exhibit B provides a review of various Components of the Project and the
action to be taken prior to preparing Construction Documents. A status matrix is provided in Exhibit D.
A1.03 COORDINATION MEETINGS
Consultant will participate in Project Coordination meetings with the Miami Art Museum, the Miami Museum of
Science and Planetarium, County agencies, and City agencies in Miami as set forth in Attachment D. These
meetings will be held on days when Project Team meetings are planned. Coordination issues for the Museums
include:
Roads including emergency vehicle access, finished elevators, etc.
Security
Major utility systems and connections
Exterior lighting
Metromover Station reopening and improvements
Public realm finishes and plant material
Construction schedule and staging
Plaza design
A1.04 DESIGN CRITERIA PROFESSIONAL SERVICES
Consultant shall provide Design Criteria Professional (DCP) services for the Underground Garage (Garage). These
services shallbe provided in accordance with Florida Statute §287.055 and Attachment E.
The Garage, including its access ramps, parking level plan, an assumed above ground ventilation and headhouse
structures are a master plan level. Consultant will:
review assumed master plan access points, connections to the Park Drive roadway system, circulation ramp
geometrics and grades, and the illustrative plan of the parking level as they relate to the revised above ground Project
plan as well as local agency standards and acceptable industry practice.
Assess the master plan design to confirm the location and geometrics of the access road system and ramps,
impacting Garage infrastructure, and coordination with the large Project underground utilities.
Analyze the construction feasibility of the Garage
The program for the Garage is based on ±220 spaces.
Schematic drawings will be produced at the end of this subtask.
Following approval to proceed, Consultant will proceed with preparation of Design Development documents
A1.05 NON-EXCLUSIVE RIGHT
It is understood that the Notice to Proceed will be issued under this Agreement at the sole discretion of City Manager
or Director and that Consultant has no expectation, entitlement, right to or privilege to receive a Notice to Proceed for
the Project. 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 Consultant any particular, exdusive or special rights to Work required by
City.
City Contract No. 17
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A — SCOPE OF WORK
A1.06 PAYMENTS
City will pay Consultant the stipulated amount for the Work required, in accordance with provisions and limitations of
Attachment B. No payment will be made for 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
Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the tasks
enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City
of Miami, Florida, Codes and 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. Consultant shall maintain an adequate staff of qualified personnel on the Work at all
times to ensure its performance as specified in the Agreement.
Consultant shall submit one (1) electronic set of all documents and twelve (12) copies of documents required under
Article A2, without additional charge, for review and approval by City. Consultant shall not proceed with the next task
of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the
next task has been issued by City. Should the City decide not to proceed with the design for the shell of the
restaurant building the City shall receive a credit for the reduction in scope, which may be partially offset by the need
to design landscaping for the area that was to be occupied by the building shell.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to develop
several options for how the various elements of the project will be designed and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of City, the Project
Manager, and other jurisdictional agencies in order to comprehensively identify aspects of the completed Museum
Park Miami (MPM) master plan that need further refinement to attain the requisite detail of design development
required to begin the creation of Construction Documents. For clarity of scope, the items that need further
development will be called MPM Conceptuals and the remaining items will be called MPM Designs
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in presentations to
multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation
materials.
A2.01-4
Consultant shall manage the survey and geotechnical firms as well as other testing firms that may be hired by the
City that are required by the performance of the Work. Consultant shall be responsible for designing the Work based
on the survey(s) and geotechnical and other applicable test reports.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a
Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any
special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development
Schedule and review of Constructability Review reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and all
other elements required by City or 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. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI) format, to
include a summary of the estimated project cost and an evaluation of funding allocation. Such summary
shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general
conditions and construction contingency.. Such evaluation shall comprise a brief description of the basis for
estimated costs per each element and similar project unit costs. Costs shall be adjusted to the projected bid
date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within
allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds,
City Contract No. 18
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A — SCOPE OF WORK
shall be presented Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a
reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local
construction industry.
3. The Project Development Schedule shall show the proposed completion date of each task of the Project
through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design stages
deemed necessary by the Project Manager. Consultant shall provide five additional deliverable plan sets for
distribution, by City, to others for this purpose. There shall be an established deadline for review report
submission back to City. Consultant shall provide written responses to all comments within two weeks and
shall maintain files of all related review reports and response reports. If necessary, City may coordinate
Constructability Review meetings with some or all of the reviewers with Consultant present to discuss
specific issues. In addition to the Constructability Review process mentioned above, City reserves the right
to conduct a Peer Review of the project documents at any design stage. Cost of such a Peer Review would
be bome by City. Any findings as a result of said Peer Review would be addressed by Consultant, and if
requested by City, would be incorporated into the design documents, at no additional cost to City and no
extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral
presentations, if requested, for approval by City, separate Design Development Documents, updated Project
Development Schedules, updated Statements of Probable Construction Costs and a review of Constructability
Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections),
outline specifications, and other documents.
2. Design Development consists of continued development and expansion of architectural and/or civil
Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of
each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Three-dimensional sketch(es)
2.4 Study model(s)
2.5 Final materials selection
2.6 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone of each
Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all
long lead procurement items and architecturally significant equipment that will need to be purchased prior to
the completion of- Construction Documents.
4 Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction
Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that
particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its
documentation, at no additional cost to the City, to reflect this reduced scope.
5. Constructability Review reports.
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final
Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable,
pen Iiittable, constructible Project. — — —
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City,
which shall include the following:
1. Consultant shall provide one bound and one loose full size paper copy, and one bound and one loose half
size paper copy of drawings, and one electronic copy in .pdf format.
2. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included
in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated
drawing sheets necessary to fully define the Project.
3. The 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 Cost in CSI format.
City Contract No. 19
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
5. Consultant may also be authorized to include in the Construction Documents approved additive and/or
deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted
amount.
6. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed.
7. Consultant shall include, and will be paid for, City -requested alternates outside of the established Project
scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with
alternates required by the failure of Consultant to design the Project within the Actual Construction Cost.
8. Consultant shall not proceed with further construction document development until approval of the 30%
documents is received in writing from City. Approval by City shall be for progress only and does not relieve
Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained
in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes
to the documents necessary in response to the review commentary. The 30% Documents review (check)
set shall be returned to City upon submission of 60% complete Construction Documents and Consultant
shall provide an appropriate response to all review comments noted on these previously submitted
documents.
A2.04-1 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 ten percent (10%) of the Maximum Cost Limit.
A2.04-2 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 public entity during the permit review process.
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 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.
A2.05-2 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. Such revised plans will be considered an additional service.
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.
A2.05-3 Bld 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 by 10%
the Total Allocated Funds for Construction, the City may:
City Contract No. 20
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
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 andlor 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 within the Total Authorized Construction
Budget. The City may exercise such option where the bid price exceeds by 10% 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(3) above the Consultant shall, without additional compensation, modify the Construction
Documents as necessary to bring the Probable Construction Cost within the budgeted amount. The Consultant
may be entitled to an additional fee for redesign due to changes in the City's construction budget.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
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's 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.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with
the--auth i #re -General Conditions
and the Supplementary Conditions of the construction contract and their Agreement with the City.
A2.06-3
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. The Consultant shall report on the
progress of the Work, including any defects and deficiencies that may be observed 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.
A2.06-4
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 furnished 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.
A2.06-5
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,
City Contract No. 21
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
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 to the 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.
A2.06-6
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.
A2.06-7
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.
A2.06-8
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 shall 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 from receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to retum the
shop drawings or submittals to the Contractor with comments indicating either approval or disapproval.
Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. The
-Consultant shall receive a written schedule detailing the Contractor's submittals, and the Consultant shall be
entitled to recommend adjustments to the schedule as needed to ensure a reasonable flow to the work.
A2.06-9
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. The Consultant may be entitled to additional
services for change orders arising from the Owner's modification to the Work.
A2.06-10
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
City Contract No. 22
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall
be issued to the Contractor.
A2.06-11
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.
A2.06-12
The Consultant shall furnish to the City the original documents, including drawings, revised to "as- built"
conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the " as -
built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor,
including the Contractor's record drawings. Any certification required under this Agreement including the contents
of "as -built" documents are conditioned upon the accuracy of the information and documents 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 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 furnished to the City
free of charge by the Consultant.
A2.06-13
The Consultant shall furnish to the City one complete set of Contractor As -built Drawings as reviewed and
uttant; in -Au -the-city.
A2.06-14
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.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation performance
during the performance of the construction work and upon final completion of the Project.
A2.07 Time Frames for Completion. The Time Frames for completion are broken into two components. The first
component is for the Park and the second is for the Garage The time frames within each component are
generally sequential from the date of the Notice to Proceed. The Work on both components will be
performed concurrently
Park Component
Design 36 weeks
Permitting, Bid, & Negotiation 39 weeks
Construction Administration 78 weeks
Garage Component
Design 24weeks
Bidding 13 weeks
Design Build Design Phase 21 weeks
Design -Build Construction Phase 52 weeks
This schedule is based on the City providing its response to submissions within 30 days of submission of
Construction Documents.
City Contract No. 23
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE A3 ADDITIONAL SERVICES
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 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 83.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the
following:
A3.02-1
Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of
prospective sites.
A3.02-2
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.
A3.02-3
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or
inventories in connection with construction performed by City.
A3.02-4
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-5
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. Provide Commissioning Services as part of systems start-up.
A3.02-6
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 approvels.9rinstructionspreviously given by- City and
are due to causes beyond the control of 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).
A3.02-7
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration proceeding
or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the
course of this Agreement.
A3.02-8
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, including but not
limited to;
> Changes resulting in revisions to Museum area boundaries
> Structural Assessments
> Way -finding
> Meeting days in Miami beyond those established in the Agreement
> Presentation Model
> Change to Garage Program
> Architectural Renderings
> Report, brochures, or other materials for public distribution
> Production of permit sketches for in -water component other than the temporary tie-up Component
City Contract No. 24
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
➢ Zoning Services
➢ Digital ortho-rectified aerial photography
➢ Participation in constructability/peer review workshops or response to comments
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional
Services and consist of actual, direct expenditures made by Consultant and the Sub -consultant for the purposes
listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under
this Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager, long
distance telephone, courier and express mail between Consultant's various permanent offices and Sub -
consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction Photography: Cost of printing, reproduction or photography, beyond that which is required by or of
Consultant's part of the work, set forth in this Agreement .
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by Program
Manager.
A4,01-3
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 Consultant.
A4.01-4
Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4.02 SUB -CONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -consultant's
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 City and requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement may require, shall fumish Consultant with the
information described below, or, if not readily available, may authorize Consultant to provide such information as an
Additional Service, eligible as a Reimbursable.Expense.
A5.01-1
Surveys: City will contract for and pay for survey services. Survey shall include complete and accurate surveys of
building sites, giving boundary dimensions, locations of existing structures, the grades and lines of the site 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
Consultant shall be responsible for managing the Work of the survey firm.
A5.01-2
Soil Borings, Geotechnical Testing: City will contract and pay for soil borings or test pits; chemical, mechanical,
structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation
thereof and recommendations. Consultant shall recommend necessary tests to City. Consultant shall be
responsible for managing the Work of the testing firm(s).
A5.01-3
City Contract No. 25
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A — SCOPE OF WORK
Additional Testing: The City shall be responsible to contract and pay for marine resource mapping, hydrographic
surveys, and environmental impact assessment should they be required. Consultant shall manage such services
on behalf of the City and Consultant assumes no liability or responsibility for the accuracy of such services.
A5.01-4
General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms,
formats, and assistance required establishing a program as per Section A2.02
Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as-
builts availability. However, such drawings, if provided, are not warranted to represent conditions as of the date
of receipt. Consultant must still perform field investigations as necessary in accordance with Section A2.01 to
obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements,"
as defined, must be authorized in advance.
A5.01-5
Threshold Inspection shall be provided by the City. Consultant shall assist the City in procuring Threshold
inspection services.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4 above, shall be
furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof,
provided Consultant has reviewed all such information to determine if additional information and/or testing is
required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-1
During construction, Consultant and the City 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. We do not have copies of these at this time.
A5.03-2
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant.
A5.04 LEGAL AND OTHER SERVICES
City shall furnish any available legal, accounting, insurance counseling, and auditing services that 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 City.
City Contract No. 26
Consultant's Initials
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE Al - PROJECT DESCRIPTIONS
1.0 Project Description:
This Project consists of the design of a park and underground parking structure, herein identified as
Museum Park, at the site currently known as Bicentennial Park as described in the Museum Park Plan
(Plan) dated March 13, 2008, , which was approved by the City Commission, and forms the basis for the
design of Museum Park. Said Plan is incorporated by reference and made a part of this Agreement.
Exhibit B is a map that identifies the Project limits.
The Project is broken into two (2) components. The first is for the design and construction administration
services for the above ground park component. The park component will include, but not be limited to:
➢ Park pavilions
➢ Fountains
➢ Landscaping
➢ Trees -
➢ Garden Areas
➢ Walkways
➢ Lighting
➢ Site Utilities
➢ Irrigation
➢ Maintenance Compound
➢ Building shell for a Restaurant
The second component is for Design Criteria Professional Services. This component will consist of the
Consultant providing for the services required by CCNA and Exhibit B that will be utilized by a Design -Build
company for the design of a +220 parking space underground garage.
City Contract No. 27
Consultant's Initials
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE A2 — SUB -CONSULTANTS
FIRM NAME
Rodriguez and Quiroga
CONSULTING FIELD
Associate Architect
Civitas, Inc.
Landscape Architect
Savino Miller Design Studio
Local Landscape Architect
Coastal Systems International, Inc.
Civil Engineer, Marine Engineer
David Plummer & Associates
Parking & Transportation
Construction Management Services
Cost Estimator
Donnell DuQuesne & Albaisa, PA
Structural Engineer
Fraga Engineers
MEP Engineer
KACO-Kaderabek Company
Geotechnical Engineer
Kugler Associates, Inc.
Lighting Designer
Poulin + Morris
Signage Designer
Dan Euser Waterarchitects, Inc.
Fountain Designer
Hall Fountains, Inc.
Fountain Engineer
City Contract No.
Consultant's Initials
28
ATTACHMENT A - SCOPE OF SERVICES
SCHEDULE A3 - KEY PERSONNEL
NAME
JOB CLASSIFICATION
City Contract No.
Consultant's initials
29
ATTACHMENT - CO<! ATI N AND PAY ENTS
ARTICLE B1 COMPENSATION FOR SERVICES
The City shall pay and Consultant agrees to accept as full payment for the Work an amount not to ex
5,9911 0f)Q, which shall be paid on a Lump Sum not to exceed basis.
Said Compensation consists of:
Pork C„m t
• Base Fee: $4,420,000
o Design $2,995,000
o Permitting, Bid, & Negotiations $ 250,000
o Construction Administration $1,175,000
Compensation is based ont an estimated construction value of $50,000,000 at 2.35%
0..mLesje Component
4,1 Base Fee: $ 61,000
o Design $346,000
o Design Criteria Professional $315,000
oth Components
An allowance account of ,$910,000 has been established for Reimbursable Expense and Additional Sery
approved under this Agreement. Any unexpended balance returns to the City upon completion of the
Project.
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 above 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 Director or City as applicable as an increase to the Agreement and put into effect via an Amendment to
this Agreement.
It+1w02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement, any maximum dollar or percentage amounts stated for
compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or
responsibility for paying any amount of such excess, which will be at Consultant's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE i 'A IS
.11111111.
PI NO
All fees and compensation payable under this Agreement shall be formulated and based upon the of 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 Sub -Consultant employees in the specified professions and job categories that are to
be utilized to provide the services under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, 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 Wage Rates, a multiplier of 2.9 shall apply to the approved
average hourly Wage Rates in calculating compensation payable by the City. If a full or part time -time
OPo
IPINI
ompel
City Contract No.
Consultant's Initials
ATTACHMENT C - DELIVERABLES
ATTACHMENT B COMPE SAT1ON AND PAYMENTS
AlltrLE B1 COMPENSATION FOR SERVICES
The City shall pay and Consultant agrees to accept as full payment for the WORK an amount not to exceed
$
6 4319, which shall be paid on a Lump Sum not to exceed basis.
Said Comp nsation consists of:
Park Com •nt
B Fee: $4,420,000
o
o P brig, Bid, & Negotiations
o Con ruction Administration
$2,995,000
250,000
$1,175,000*
Compensation i ased ont an estimated construction value of $50,000,000 at 2.35%
Garage Compjnt
• Base Fee: $725,0*
o D1gn $410,000
o Design Criteria Professional $315,000
Both Components
An allowance accoun of $1,266,250 has be
Services approved under this Agreement. An
the Project.
B1.01 COMPENSATION LIMITS
established for Reimbursable Expense and Additional
unexpended balance retums to the City upon completion of
The aggregate sum of all py nfor fees and cosk including reimbursable expenses, to the Consultant
4,
payable by the City under this Agreement shall be limited to the amount specified above as the maximum
compensation limit for cumulative expenditures under this Agreement. Under no drcumstances 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
the Director or City as applicable as an increase to the Agreem
this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
proved in accordance with the City Code by
t and put into effect via an Amendment to
Absent an amendment to the Agreement, any maximum dollar or\percentage amounts stated for
compensation shall not be exceeded. In the event they are so exceeded\the City shall have no liability or
responsibility for paying any amount of such excess, which will be at Consu*t's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE :ASIS
AH fees and compensation payable under this Agreement shall be formulated s be ed upon the of the
Wage Rates that have been approved by the Director. Said Wage Rates are urrima d in Schedule B1
incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, approved by the
City, of Consultant and Sub -Consultant employees in the specified professions and Job categOdes that are to
be utilized to provide the services under this Agreement, regardless of manner of compensation\
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule E1 identifies the professions, job categories and/or employees expected to be used dudtg the
term of this Agr ment. These may include, but are not limted to, architects, engineers, lands pe
architects, designers, CADD technicians, project managers, GIS and environmental specialists, spectficat
writers, clerical/administrative support, and others engaged in the Work. In determining compensation for
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 Wage Rates, a multiplier of 2.9 shall apply to the approved
average hourly Wage Rates in calculating compensation payable by the City. If a full or part time -time
City Contract No.
Consultant's Initials
30
ATTACHMENT C - DELIVERABLES
project Field Representative is required the multiple shall not exceed 2.9. 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, deprecation 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.
B3.01 LUMP SUM
Compensation for this Scope of Work is a Lump Sum, Not to Exceed Fee. Should the City require
Continuing 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.
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
B3.02 HOURLY RATE FEES
B3.02-1(a) Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant 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 contract doucments. The City shall have no liability for any fee,
cost or expense above this figure. These rates will be increased annually on the first of January of each
year by not more than 5% of the previous year's rates, at the discretion of the Director.
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 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 Work. 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.
City Contract No. 31
Consultant's Initials
ATTACHMENT C - DELIVERABLES
B3.04 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 B3.04 and B3.03 respectively, may
be applicable.
B3.04-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed upon
Lump Sum or Hourly Rate with a Not to Exceed Limit.
B3.04-2 Procedure and Compliance
Provided that the fee for required Additional Service(s) are within the allowance for such services
established herein, an independent Notice to Proceed shall be be issued and signed by the Director or
designee 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 ofthe fee, which
shall not be exceeded, and shall comply with the City of Miami and City regulations, including the
Purchasing Ordinance, the Consultant's Competitive Negotiation Act, and other applicable laws.
Additional Services shall be based on the schedule of rates provided to CIP in the letter from the
Consultant dated June 18, 2008, which rates are hereby incorporated by reference and as authorized
by the Director or his/her authorized representative.
B3.04-3 Fee Limitations
Any authorized compensation for Continuing 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. B3.05 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to the plan, program,
workbook, drawings and specifications, or for extended construction administration, or for other work when
such work is due to errors or ommissions of Consultant as determined by City.
B3.06 FEES RESULTING FROM PROJECT SUSPENSION
If the Project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during which time 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 appropnate,-applicable;= rand -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 Services may be requested monthly in proportion to services performed during each
Phase/Task of the Work. Sub -consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Monthly payments for the Work, exclusive of Construction Administration
will be based the percentage of Work completed. The City and Consultant shall agree to a spend down
curve, which will be utilized to determine the amount of compensation to be paid to the Consultant for each
invoice. Sub -consultant fees and Reimbursable Expenses shall be billed to the City in the actual amount
paid by Consultant.
84.02 COMPENSATION FOR CONSTRUCTION ADMINISTRATION
Payments for Services may be requested monthly in proportion to the percentage of work completed by the
construction contractor.
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
City Contract No. 32
Consultant's Initials
ATTACHMENT C - DELIVERABLES
in connection with such time extensions, in accordance with Section 5.01 C and the schedule of rates
provided to CIP in the letter from the Consultant dated June 18, 2008, which rates are hereby
incorporated by reference.
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 by 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.
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.
B4.04 DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE EXPENSES
B5.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified as Basic Services and/or Continuing Services and shall consist of actual expenditures
made by the Consultant and the Consultants' employees, Sub -Consultants, and Special Sub -Consultants in
the interest of the Work for the purposes identified below:
B5.01-1 Transportation
identifiable transportation expenses in connection with the Project, subject to the limitations of Section
112.061, Florida Statutes, as amended, excluding, however, all, general automobile transportation
expenses within Miami -Dade County. Transportation expenses to locations outside the Dade-Broward-
Patm Beach County area or from locations outside the Dade-Broward-Palm Beach County area will not
be reimbursed unless specifically pre -authorized in writing by the Project Manager. Such pre -
authorization will be subject to the limitations of Section 112.061, Florida Statutes, as amended.
B5.01-2 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected
expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes as
amended. Meals for class C_travel inside Dade or Broward County will not be reimbursed. Meals and
lodging expenses will not be reimbursed -for -temp oyees from one of
Consultant's offices to another office if the employee is relocated for more than ten (10) consecutive
Working days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Hampton Inn,
Marriot Courtyard, Howard Johnson or Ramada Inn. Governmental lodging will not be reimbursed
within Dade, Broward or Palm Beach County.
B5.01-3 Communication & Mail Expenses
Identifiable communication expenses approved in advance by the Project Manager, courier and express
mail directly related to the Project.
B5.01-4 Reproduction, Photography
Cost of printing, reproduction or photography, which is required by or of Consultant to deliver services,
set forth in this Agreement.
B5.01-5 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.
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS
Reimbursable Sub -Consultant expenses are limited to the items described above when the Sub -Consultant
agreement provides for reimbursable expenses and when such agreement has been previously approved in
City Contract No. 33
Consultant's Initials
ATTACHMENT C — DELIVERABLES
writing by the Director and subject to all budgetary limitations of the City and requirements of ARTICLE B5
herein.
ARTICLE B6 COMPENSATION FOR REUSE
B6.01 GENERAL
It is understood that all Consultant agreements and.or Work Orders for Continuing Servicesa will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole option,
by virtue of signing this agreement they agree to a re -use in accordance with this provision without the
necessity of further approvals, compensation, fees or documents being required and without recourse for
such re -use this agreement they agree to a re -use in accordance with this provision without the necessity of
further approvals, compensation, fees or documents being required and without recourse for such re -use.
City Contract No. 34
Consultant's Initials
ATTACHMENT C - DELIVERABLES
Exhibit A — MAP OF PROJECT LIMITS
City Contract No. 35
Consultants Initials
•
Museum Park Miami
Project Limit Plan - March 13, 2008
•
i5
4
11
1
7
EXHIBITS
Exhibit B - COMPONENT STATUS & ACTIONS
1. Museums
a. Consultant shall confirm the following:
i. Museum area infrastructure assumptions, especially parking, Museum Drive, and in -
ground utilities.
ii. Assumptions about schedule and handover responsibility.
iii. Review and assess the impact of the City and Museums Govemance Agreement on the
program, design, construction, and operation of Museum Park (Project) and identify issues
which will impact the revised development design and/or construction documents.
Note: It is assumed that others will be responsible for the temporary treatment of the
Museums Area if construction is not simultaneous
2. Underground Garage
a. Coordinate revisions to the entry road system and surrounding Project based on evolving
design of the Garage, including ramps, mechanical ventilation intakes and exhaust, and
headhouse locations.
3. Restaurant and Alternate
a. Building shell and site design are at Design Development level
b. If the Restaurant is not built as part of the Project an approach will be agreed upon to the
temporary treatment of the future building site and determination of which components of the
infrastructure should be constructed as part of the Project. This would include provision of an
appropriate sized FP&L vault and shared chiller plant for the Pavilion and Restaurant.
Temporary landscape treatment of the Restaurant site is included as an alternate and up to
two (2) sketches of this alternate will be prepared prior to agreeing on the alternate to take
through construction documents.
4. Events
a. Confirm assumptions about event infrastructure required for the Project and agree to changes
in the Design Development documents if any are due to program revisions. This will include
identifying any anticipated special civil utility demands (i.e. temporary water Toad requirements
associated with events.
5. Park Pavilion
a. Confirm program assumptions for the central and north blocks currently assumed to be used
as office, cafe, and welcome center/equipment rental respectively.
6. Maintenance Building and Compound
a. Based on the lease requirements for the FDOT owned land not permitting structures on the
parcel for which the 11/15/06 design Consultant will:
i. verify program assumptions about the use of the Maintenance Building and Compound.
ii. Study up to three (3) alternate locations within the Project site, induding one option with
the lower level of the Art Museum, and develop Schematic Design drawings of a
preferred alternative, and following approval develop Design Development drawings
prior to beginning Construction Documents.
7. Grove
a. Based on the March 13, 2008 plan the Public Garden will be named the Grove, most
water features deleted, and the five garden areas identified in the November 15, 2006
City Contract No. 36
Consultant's Initials
EXHIBITS
drawings consolidated into a Flower/Florida Garden (former Color Garden and Sky
Garden), a Children's Garden, a Palm Garden, and a grassy mound.
b. Program and budget of the Grove gardens will be agreed to in two (2) Project Team
meetings, the first to outline changes and program options and the second to agree and
fix the changes.
c. The Children's Garden will go through a full program and design phase prior to beginning
Construction Documents.
8. Park and Museums Area Lighting
a. Consultant will review approach and adjust number and fixture types sufficient to meet
design vision and industry standards.
b. As part of the coordination meetings with the Museums, meet once with the Museums and
their architects to develop and agree on a hierarchy and an approach to the overall
Project, Museum areas, pump station, and Metromover exterior lighting.
9. Park Security (Police) and Fire
a. Consultant will review assumed security & fire requirements with the City, Museum, &
County entities & agree on a strategy and fire safety/access requirements for the Project.
b. Consultant has allowed two (2) meetings to discuss and agree on the approach. Such
meetings are to occur in the context of the Project Team and or coordination meetings.
10. Pump Station and Restaurant Yard Wall
a. Consultant will meet with City and County agencies (Water & Sewer) and potential
restaurant operator to review assumptions about servicing and security arrangements and
other practical and operational issues that may impact the design of and construction of
the wall.
b. Consultant will review the current developed alignment which extends into the Biscayne
Blvd. FDOT right of way to meet the operation needs as specified by Water and Sewer.
c. Consultant has allowed for two (2) meetings to discuss and agree on the approach to the
wall with these meetings to occur in the context of the coordination meetings. The first will
be to outline changes and the second to agree to fix the changes.
11. Pump Station Improvements
a. Consultant shall meet with City and County agencies (Water & sewer) to review
assumptions about the proposed physical dimensions; tank relocation, Rcof Trellis
Facade, and Painting. Consultant has allowed two (2) meetings to discuss and agree on
the approach to security, such meetings to occur in the context of the coordination
meetings.
12. Large Vessel Mooring Facility
a. Consultant will coordinate with the City to confirm temporary mooring goals and program
parameters, such as maximum slip number and vessel size.
b. As -built drawings for the recently completed seawall renovation project will be reviewed
c. This Component is limited to two (2) meetings with the City.
13. Site Survey
a. Following receipt of the survey, Consultant will assess its impact on the November 15,
2006 drawings and the March 13, 2008 plan and it is assumed that the changes resulting
from the survey will be limited to minor adjustments on the Bay shoreline and Biscayne
Blvd edges.
City Contract No. 37
Consultant's Initials
EXHIBITS
b. Consultant assumes that such changes are minor in nature and should the changes be
substantial in nature the Consultant and City shall review to determine is additional
services apply.
14. Re -plat of Property
a. Consultants Work will be limited to commenting on the City prepared drawings related to
ownership and easements, including the north-east comer, the Metromover, the pump
station, and easements already identified during Consultants first contract.
15. Pre -Permit Review
a. Consultant shall identify requirements, approach, and schedule implications for all
approvals and permits, including fire, and a strategy for upland and all future in -water
components and phasing of the Project.
b. Consultant will identify requirements, approach, and schedule implications for permitting of
the Project including civil (Paving, grading, drainage), upland works, and marine works
(potential installation of mooring/fender piles for temporary mooring of significant or
historic ships in the FEC slip.
c. Consultant will confer with the jurisdictional environmental permitting agencies regarding
proposed site/civil and marine works activities, including the City Public Works
Department, Miami -Dade County Environmental Resources Management (DERM), Water
and Sewer Department (WASD), the South Florida Water Management District (SFWMD),
and the U.S. Army Corps of Engineers (Corps) to identify potential regulatory permitting
issues and confirm Project specific procedures.
d. Consultant will provide feedback to the City regarding any agency concerns associated
with authorization of the proposed Work including addition of pilings or similar structures to
facilitate temporary vessel moorings in the FEC slip.
16. Potential Cost Savings
a. Cost savings will be reflected in the Construction Documents. The nature of potential cost
savings revision generally discussed between December 2006 and March 2008 include:
i. Reduce the number of external light to reduce cost
ii. Narrow paths and change materials to cast -in -place concrete
iii. Change Baywalk cast -in -place sell aggregate finish to sand finish
iv. Change stone paving to precast concrete pavers in the Terrace
v. Delete concrete base slab in the Terrace
vi. Change stone seat rings to precast and reduce quality
vii. Change stone steps to precast in the Terrace
viii. Change stone bleacher stairs to precast in the Terrace
ix. Reduce allowance for signage and graphics
Delete_tables and chairs for the Pavilion cafe
xi. Reduce the stone standard in the entry plaza fountain
xii. Delete the retaining wall at east end of the Museums Area Parcel
xiii. Redesign the Grove with an aim to simplify the gardens and reduce construction
and ongoing maintenance costs
xiv. Redesign the Children's Garden in a program to be agreed upon
xv. Delete Scallop Gardens and replace with Mound
xvi. Generally reduce plant size at installation
xvii. Change the Terrace palms species from Date Palm to Royal Palm
17. Maintenance
City Contract No. 38
Consultant's Initials
EXHIBITS
a. Consultant shall provide a manual containing the maintenance specification for the
proposed planting. Preliminary manual will be circulated at 30% Construction Documents
and a final with 100% Construction Documents.
b. Consultant shall provide an annual Maintenance Cost Estimate for Museum Park.
City Contract No. 39
Consultant's Initials
EXHIBITS
Exhibit C — Status Matrix
City Contract No. 40
Consultant's Initials
Museum Park Miami
Park Elements
Status Matrix DRAFT
Park Elements
Program
Concept
Partial DD
DD
Gvil
•
Roads
•
Terrace (Middle), Terrace Gardens
•
Terrace (East), Terrace Steps
•
Baywaik, East
•
Baywaik, North stile of the Shp
•
Baywelk West
•
Baywaik, South side of the Sllp
•
Entry Plaza
•
Clearing
•
Mound
•
Culture/Rower Garden
•
Palm Garden
•
Chldren's Garden
•
Coastal Garden
•
Event Garden
•
Tree Management Plans
•
Planting Plans
•
irrigation Plans
•
Park Pavilion
e
•
Maintenance Building and Compound
•
Kiosk
ti
•
Restaurant, and Alternate
•
•
South Shp Stair and Ramp
•
Pump Station Service Yard and Wall
•
Large Vessel Mooring Facility
•
Underground Garage
•
Park Lighting
•
Park Signage
•
Entry Plaza Fountain
•
Security (Police)
•
Fire
•
ft 07049_001documerualagiseaenntb0616 Propose Status of Park Elements Matdx-00081a.doc 1
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5
EXHIBITS
Attachment D
Design Criteria Professional (DCP) Services
The DCP Agreement Services shall include the following parameters as part of the Basic Services.
A. Bidding
1. Assist and make written recommendations to the City in the analysis of bids and in determining
the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution by
bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
documents, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate alternatives presented from the Design
Build firm for compliance with the Design Criteria Package.
3. The DCP shall monitor the Design -Build firm's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews, monitoring approvals and making recommendations, as described
in items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual
responsibility and professional liability, in whole or in part, for any design and/or contract
documents prepared by the Design -Build A/E.
C. Design -Builder's Construction Phase
1. The DCP shall monitor the Design -Build firm to ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely manner substitution proposed by the
Design -Build firm, for conformance with the Design -Criteria, and incorporate approved
substitutions into the Design Criteria Package.
3. The DCP shall review the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
4. The DCP shall visit the site once every two weeks and during such visits and evatuatewill
endeavor the material and/or workmanship for conformance with the Design -Build
Contract Documents, evaluate quality control testing reports, advise the Design -Build firm
and the City immediately of any unacceptable materials and workmanship that the DCP
may discover and advise the Design -Build firm take appropriate action to remedy
unacceptable conditions
5. The DCP shall review design/construction schedules, look -ahead schedules, daily reports,
and meeting minutes from the Design -Build firm for potential issues that will adversely
impact the Project. The DCP will take the lead in the resolution of issues and provide
alternative solutions and recommendations to the City. The DCP will provide a bi-weekly
written report to the City's Project Manager.
6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its
findings and recommendations.
7. DCP shall approve or reject as applicable Design -Build firm's applications for payment.
City Contract No. 41
Consultant's Initials
EXHIBITS
8. Upon notification from the Design -Build firm that the project is substantially complete
including, but not limited to, all Life Safety Standards, the DCP shall promptly do the
following:
• Conduct inspections to determine the date or dates of substantial completion of
the project. If the project is found substantially complete and, based on the
observations the DCP can make at the time of its inspection, in accordance with
the Design -Build Contract Document, the DCP shall then certify that to the best
of the DCP's knowledge and professional judgment that the Project has been
constructed in accordance with the Contract Documents, and shall fumish such
other documentation as required by applicable laws or regulations. If the project
is deemed to be not substantially complete, the DCP shall notify the Design -
Build firm and the City in writing of the observed deficiencies and shall verify the
Design -Build firm's corrections of the deficiencies, as required, and shall then
certify as stated above.
• Upon certification by the DCP that substantial completion has been achieved,
the City representatives, accompanied by the DCP, shall perform a substantial
completion inspection of the project. If deficiencies are still found, the DCP shall
assemble a punch list of comments from any participants representing the City
in the inspection and shall evaluate each comment to determine whether or not
they are part of the Construction Documents.
• The DCP shall provide to the Design -Build firm the City's official punch fist,
which shall include all trades, within twenty (10) Calendar days of the inspection
conducted by the DCP with the City representatives pursuant to the preceding
paragraph. After the Design -Build firm corrects all punch list items, the DCP
shall verify completion.
If the DCP finds the project to be complete and acceptable based, the DCP
shall obtain the City's approval to inform the Design -Build firm of acceptance
and commencement of the warranty period. The DCP shall assist the City with
respect to the Final Completion and occupancy Inspection by Building
Department.
• Upon final completion of the project, The DCP shall assist the City in closeout
of the Project: obtaining from the Design -Builder and the Design -Builder's A/E
all required submittals, such as signed and seal as -built drawings, warranties,
final survey operating and maintenance manuals, releases of claims,
verification of punch list completion by contractor, final inspection and certificate
of occupancy by Building Department, completing any remaining contract
change orders and review of the final payment application. The DCP shall
obtain from the Design -Builder's A/E a certification that, to the best of the A/E's
knowledge and belief, no asbestos -containing building material (ACBM) was
specified for, or was used in the construction of the project.
9. The DCP shall assist the City in the resolution of any disputes or claims that may arise
between the City and the Design Build firm.
City Contract No. 42
Consultant's Initials