HomeMy WebLinkAboutTarget Engineering Group PSAService Category
Contract Type
Project (if applicable)
Consultant
City OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Miscellaneous Construction Engineering and Observation (CEO)
Services - RFQ No. 06-07-036
Miscellaneous Services
As Required
Target Engineering Group, Inc.
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 5
ARTICLE 2 GENERAL CONDITIONS 6
2.01 TERM 6
2.02 OPTION TO EXTEND: 6
2.03 SCOPE OF SERVICES 6
2.04 COMPENSATION 6
ARTICLE 3 PERFORMANCE 6
3.01 PERFORMANCE AND DELEGATION 6
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 7
3.04 TIME FOR PERFORMANCE 7
ARTICLE 4 SUBCONSULTANTS 7
4.01 GENERAL 7
4.02 SUB -CONSULTANT RELATIONSHIPS 7
4.03 CHANGES TO SUBCONSULTANTS 7
ARTICLE 5 DEFAULT 7
5.01 GENERAL 7
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8
ARTICLE 6 TERMINATION OF AGREEMENT 8
6.01 CITY'S RIGHT TO TERMINATE 8
6.02 CONSULTANT'S RIGHT TO TERMINATE 8
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 8
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY CITY 9
7.04 NONDISCLOSURE 9
7.05 MAINTENANCE OF RECORDS 9
ARTICLE 8 INDEMNIFICATION 9
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE 9
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 10
10.03 SUCCESSORS AND ASSIGNS 10
CIP Contract No. 07-2240 Page 1
TABLE OF CONTENTS (CONTINUED)
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 11
10.06 NOTICES 11
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 11
10.09 PRIORITY OF PROVISIONS 11
10.10 MEDIATION - WAVER OF JURY TRIAL 11
10.11 TIME 12
10,12 COMPLIANCE WITH LAWS 12
10.13 NO PARTNERSHIP 12
10.14 DISCRETION OF DIRECTOR 12
10.15 RESOLUTION OF CONTRACT DISPUTES: 12
10.16 INDEPENDENT CONTRACTOR: 13
10.17 CONTINGENCY CLAUSE: 13
10.18 PROJECT ASSIGNMENTS 13
10.19 PERFORMANCE EVALUATION 13
10.20 CONTINGENCY CLAUSE 13
10.21 NO THIRD PARTY BENEFICIARIES 13
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL 17
A1,01 RANGE OF SERVICES 17
A1.02 WORK ORDERS 17
A1,03 NON-EXCLUSIVE RIGHT 18
A1.04 PAYMENTS 18
A1.06 LENGTH OF SERVICE: 18
ARTICLE A2 ADDITIONAL DEFINITIONS 18
ARTICLE A3 ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT: 18
ARTICLE A4 ITEMS FURNISHED BY THE CONSULTANT 18
A4.01 FDOT DOCUMENTS. 18
A4.02 VEHICLES: 18
A4.03 FIELD EQUIPMENT. 19
A4.04 LICENSING FOR EQUIPMENT OPERATIONS: 19
ARTICLE A5 LIAISON: 19
ARTICLE A6 REVIEW OF CONSULTANT PERFORMANCE: 19
ARTICLE A7 ACTIVITIES AND TASKS FOR THE SCOPE OF WORK 20
A7.01 GENERAL. 20
A7.02 CONSTRUCTION ENGINEERING OBSERVATION SERVICES: 20
A7.03 VERIFICATION SAMPLING AND TESTING 21
A7.04 VERIFICATION INSPECTION SERVICES 21
A7.05 CONSTRUCTION DISPUTES AND CLAIMS 24
A7.06 CONSULTANTS SAFETY PROGRAM 24
ARTICLE A8 PERSONNEL 24
A8.01 General Requirements: 24
A8.02 Personnel Qualifications: 24
A8.03 Staffing 25
SCHEDULE Al. - SUBCONSULTANTS 26
ATTACHMENT B - COMPENSATION AND PAYMENTS 28
ARTICLE B1 METHOD OF COMPENSATION 28
B1.01 COMPENSATION LIMITS 28
B1.02 CONSULTANT NOT TO EXCEED 28
ARTICLE 82 WAGE RATES 28
B2.01 FEE BASIS 28
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 28
B2.03 MULTIPLIER 28
82.04 CALCULATION 28
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TABLE OF CONTENTS (CONTINUED)
132.05 EMPLOYEE BENEFITS AND OVERHEAD 28
B2.06 ESCALATION 28
ARTICLE E33 COMPUTATION OF FEES AND COMPENSATION 28
B3.01 LUMP SUM: 29
B3.02 HOURLY RATE FEES 29
B3.03 PERCENTAGE OF CONSTRUCTION COST: 29
B3.04 REIMBURSABLE EXPENSES 29
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES* 30
B3.06 FEES FOR ADDITIONAL SERVICES 30
B3.07 PAYMENT EXCLUSIONS 30
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 30
ARTICLE B4 PAYMENTS TO THE CONSULTANT 30
B4.01 PAYMENTS GENERALLY 30
B4.02 FOR COMPREHENSIVE BASIC SERVICES 30
B4.03 BILLING — HOURLY RATE 30
134.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 31
B4.05 DEDUCTIONS 31
ARTICLE B5 REIMBURSABLE EXPENSES: 31
B5.01 GENERAL 31
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 31
SCHEDULE 131 - WAGE RATES SUMMARY 32
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Contract No.
City OF MIAMI.
DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Miscellaneous Construction Engineering and Observation (CEO)
Services
Contract Type Miscellaneous Services
Project (if applicable) As required
Consultant Target Engineering Group, Inc.
Consultant Office Location
8095 NW 12th Street, Suite 105
Miami, FL 33126 •
City Authorization NIA
THIS AGREEMENT made this J day of ' in the year 2008 by and
between THE City OF MIAMI, FLORIDA, hereinafter called the "City," and Target Engineering
Group, Inc.. a For profit corporation of the state of Florida, hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 06-07-036 on October
25, 2007 for the provision of Miscellaneous Construction Engineering and Observation Services
on a continuing basis for miscellaneous projects ("Services") and Consultants 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, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services: Any Work defined as such in a Work Order, secured in compliance with Florida
Statutes and City Code.
1.02 Attachments: The Attachments to this Agreement are expressly incorporated by reference and made a part
of this Agreement as if set forth in full.
1.03 BASE FEE: The amount of compensation mutually agreed upon for the completion of Basic Services.
1.04 Basic Services: Those services designated as such in a Work Order.
1.05 City Commission: The legislative body of the City of Miami.
1.06 City Manager The duly appointed chef administrative officer of the City of Miami.
1.07 City The City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and
for which this Agreement is to be performed. In all respects hereunder, City's performance is pursuant to City's
position as the Owner of the Project In the event the City exercises its regulatory authority as a governmental body,
the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances
shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in
any manner to City as a party to this Agreement . The City of Miami shall be referred to herein 'as °City°. For the
purposes of this Agreement, 'City" without modification shall mean the City Manager.
1.08 Consultant. The individual, partnership, corporation, association, joint venture, or any combination thereof, of
property registered professional architects, or engineers, which has entered into the Agreement to provide
professional services to the City.
1.09 Contractor. An individual, partnership, corporation, association, joint venture, or any combination thereof,
which has entered into a contract with the City for construction of City facilities and incidentals thereto.
1.10 Director. 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. Unless otherwise specified herein or in a
Work Order, for the purpose of this Agreement the Director is the top administrator of the Department of Capital
improvements Program or designee. The Director may designate in writing CIP staff authorized to act on his/her
behalf.
1.11 inspector. An employee of the City or of a consulting firm hired by the City and assigned by the City to make
observations of Work performed by a Contractor.
1.12 Notice To Proceed: A written letter or directive issued by the Director or Project Manager notifying the
Consultant that a Work Order Proposal has been accepted and a Work Order approved for a Project and directing
Consultant to commence Work on a Project or a specific task of a Project as contained in the approved Work Order
Proposal.
1.13 Project Manager. An employee or representative of the City assigned by the Director to manage and monitor
Work to be performed under this Agreement and the construction of a project as a direct representative of the City.
1.14 Project The construction, alteration andlor repair, and all services and incidentals thereto, of a City facility as
contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope Of Services
andlor Work Order issued pursuant to this Agreement.
1.15 Professional Services: Those services within the scope of the practice of architecture, professional
engineering, 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, or registered surveyor or mapper in connection with his or
her professional employment or practice. These services may be abbreviated herein as "architectural/ engineering
services° or "professional services", as applicable, which are within this definition.
1.16 Risk Administrator The City's Director of the Risk Management Department, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of loss for the City.
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PROFESSIONAL SERVICES AGREEMENT
1.17 Scope of Work: A comprehensive description of the activities, tasks; design features, objectives,
deliverables and milestones required for the completion of Project or an assignment with sufficient detail to allow a
reasonably accurate estimation of resources necessary for its completion.
1.18 Subconsultanf: A person or organization of property registered professional architects, engineers,
registered surveyor or mapper, and/or other professional specialty that has entered into a written agreement with the
Consultant to furnish specified professional services for a Project or task.
1.19 Wage Rates: 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 tor, the basis for professional fees regardless of actual mariner of compensation.
1.20 Work Order. A document internal to the City utilized for review and acceptance of a Work Order Proposal
and authorizing the Issuance of a Notice to Proceed for Services to be performed on a Project or Projects.
1.21 Work Order Proposal: A document prepared by the Consultant, at the request of the City for Services to be
provided by the Consultant on a specific Project. •
1.22 Work or Services: also known as the Scope of Work, the task(s) identified in a Work Order.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be for two (2) year(s) commencing on the effective date hereof. This specified term
is intended for administrative and budget control purposes and is not to be considered or interpreted as a time
limitation.
2.02 OPTION TO EXTEND:
The City, by action of the City Manager, shall have the option to extend the term for 2 additional period(s) of one (1)
year(s) each, subject to continued satisfactory performance as determined by the Director, and to the availability and
appropriation of funds. City Commission authorization of this Agreement includes delegation of authority to the City
Manager to administratively approve said extensions provided that the compensation limits set forth in 2.04 are not
exceeded.
2.03 SCOPE OF SERVICES
Consultant agrees to provide the Services as specifically described and under the special terms and conditions set
forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement
2.04 COMPENSATION
2.04-1 Compensation Limits
The amount of compensation payable by the City to Consultant shall generally be a lump sum or not to exceed fee,
based on the rates and schedules establised in Attachment B hereto, which by this reference is incorporated into this
Agreement provided, however, that in no event shall the amount of compensation exceed Five -Hundred Thousand
Dollars ($500,000) in total over the term of the Agreement and any extension(s), unless explicitly approved by action
of the City Commission and put into effect by written amendment to this Agreement. The City may, at its sole
discretion use other compensation methdologies.
2.04-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made within thirty (30) days after receipt of
Consultant's 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. Consultant shall utilize Attcahment "C" for the submission of invoices.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided
in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an
agreement between the City and said other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
DIRECTOR or designee may make written request to Consultant for the prompt removal and replacement of any
personnel employed or retained by the Consultant: or any Sub -Consultants or subcontractors, or any personnel of any
such Sub -Consultants or subcontractors engaged by the Consultant to provide and perform services or Work
pursuant to the 'requirements of this Agreement. The Consultant shalt respond to City within fourteen (14) calend
days of receipt of such request with either the removal and replacement of such personnel or written justificatio
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PROFESSIONAL SERVICES AGREEMENT
why that may not occur. All decisions involving personnel wili be made by Consultant. Such request shall solely
relate to said employee's work under this Agreement.
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 Staff'. Consultant shall ensure
that Key Staff are available for Work hereunder as long as said Key Staff is in Consultants employ. Consultant will
obtain prior written acceptance of Director or designee to change Key Staff. Consultant shall provide Director, or
designee with such information as necessary to determine the suitability of proposed new Key Staff. Director will act
reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for
the individual's ability to perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of an Notice to Proceed issued by the Director and to
complete each assignment, task or phase within the time stipulated in the Notice to Proceed. Time is of the essence
with respect to performance of this Agreement.
A reasonable extension of the time for -completion of various assignments, tasks or phases may be granted by the
City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein.
Such extension of time shall not be cause for any claim by the Consultant for extra compensation.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Sub -Consultant, as defined in Article 1.18 is a firm 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,
and as such, is identified and listed in Schedule Al, attached hereto and incorporated by reference.
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 the Consultant to furnish unique and/or specialized professional services
necessary for a project or task described under Additional Services. Such Specialty Sub -Consultant shall be in
addition to those identified in Schedule Al.
4.02 SUB -CONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Sub -Consultants shall be performed pursuant to appropriate written
agreements between the Consultant and the SUB -Consultants, which shall contain provisions that preserve and
protect the rights of the City under this Agreement, including but not limited to their indemnification of the City,.
4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the
City and the Sub -Consultants. The Consultant acknowledges that Sub -Consultants are entirely under his
direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not add, modify or change any Sub -Consultant fisted in Schedule Al without prior written
approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any
proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to. perform any of its obligations
hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder the City, in addition to all
remedies available to it by law, may immediately, upon written notice to Consultant, terminate this Agreement
whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant was in
default shall be immediately retumed to the City. Consultant understands and agrees that termination of this
Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of
termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City for all
expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred
by the City in the re -procurement of the Services, including consequential and incidental damages. 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 CONDITIONS OF DEFAULT
A finding of Default and subsequent termination for cause may include, without limitation, any of the following:
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5.02-1 Consultant faits to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City,
beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Work within the time. provided or contemplated herein, or fails to
complete the WORK in a timely mariner as required by this Agreement and/or stated in a Work Order issued
pursuant to this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
City through the Director or designee shall provide written notice to Consultant as to a finding of default, and
Consultant shall take all necessary action to cure said default within time stipulated in said notice, after which time the
City may terminate the Agreement. The City at its sole discretion, may allow additional days to perform any required
cure if Consultant provides written justification deemed reasonably sufficient.
Should any such failure on the part of Consultant be due to a condition of Force Majeure as that term is interpreted
under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such
failure to perform or cure.
ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The City, including the Director or designee 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, including all electronic copies related to Work authorized under this Agreement, whether finished or
not: must be turned over to the Director or designee . The Consultant shall be paid in accordance with provisions of
Attachment B, provided that said documentation is turned over to Director or designee within ten (10) business days
of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without
recourse by Consultant until all documentation is delivered to the Director or designee
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except to retain
the fees earned and already disbursed as compensation for the WORK that was performed in complete
compliance with the Agreement, as futi and final settlement of any Gaim, action, demand, cost, charge or
entitlement it may have, or will, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this agreement, in writing, following breads by the City, if breach of
contract has not been corrected within sixty (60) days from the date of the City's receipt of a written statement from
Consultant specifying its breach of its duties under this agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the
Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate the agreement without liability
and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
ARTICLE 7 DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this
Agreement, as well as all data collected; together with summaries and charts derived therefrom, including all
electronic digital copies will) be considered works made for hire and will, based on incremental transfer wherein the
above shall become the property of the City upon payments made to Consultant or termination of the Agreement
without restriction or limitation on their use, and will be made available, on request to City at any time during the
performance of such services and/or upon completion or termination of this Agreement. Consultant shall not copyright
any material and products or patent any invention developed under this Agreement. The City shall have the right to
visit the site for inspection of the work and the products of CONSUTLANT at any time. The Consultant shall be
permitted to retain copies, including reproducible copies, solely for information and reference in connection with the
City's use and occupancy of the Project
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7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or
designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just cause for the
City to withhold payment of any fees due Consultant until Consultant delivers at such documents. Consultant shall
have no recourse from these requirements.
7.03 RE -USE BY CITY •
It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re-
use of plans and specifications, including construction drawings, at the City's sole option, and by virtue of signing this
agreement Consultant agrees to such re -use in accordance with this provision without the necessity of further
approvals, compensation, fees or documents being required and without recourse for such re -use. The
CONSUTLANT will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose
other than that intended by the terms and conditions of this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrccc not to divulge, furnish or make available to any third person, firm or
organization, without Director or designee's prior written consent, or unless incident to the proper performance of the
Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has
been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant
hereunder, and Consultant shall require all of its employees, agents, Sub -Consultants and subcontractors to comply
with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its services hereunder.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance
with statute. Otherwise, the records and documentation will be retained by Consultant for a minimum of three (3)
years from the date of termination of this Agreement or the date the Project is completed, whichever is later. City, or
any duly authorized agents or representatives of City, shall have the right to audit, inspect, and copy all such records
and documentation as often as they deem necessary during the period of this Agreement and during the three (3)
year period noted above; provided, however such acivtty shall be conducted only during normal business hours.
ARTICLE 8 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and defend the City, its officials and employees harmless from any and
all claims, losses and causes of actions which may arise out of the performance of this Agreement as a result of any
act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of the Consultant or the Sub-
CONSULTANTs. The Consultant shall pay all claims and losses of any nature whatsoever in connection therewith
and shall defend all project related suits, in the name of theCity, and shall pay all costs, including without (imitation
reasonable attomey's and appellate attorney's fees, and judgments which may issue thereon. The Consultant's
obligation under this paragraph shall not be limited in any way by the agreed upon contract price, or the Consultant's
limit of, or lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligence,
• act, omission, recklessness or intentional wrongful conduct of the CONSULTANTS, its agents, servants, or
representatives.
ARTICLE 9 INSURANCE
The Consultant shall not start Work under this Agreement until the Consultant has obtained all insurance required
hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida
and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least
A(X), as per AM. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval prior to the
execution of this Agreement. The Certificates shall dearly indicate that the Consultant has obtained insurance of the
type, amount and classificetion required by these provisions, in excess of any pending claims at the time of contract
award to the Consultant Consultant shall maintain coverage with equal or better rating as identified herein for the
term of this Agreement. Consultant shall provide written notice to the City's Department of Risk Management of any
material change, cancellation and/or notice of non -renewal of the insurance within 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 Risk Administrator within ten (10)
days of written request.
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9.03 FORMS OF COVERAGE
9.03-1 Comprehensive General Liability and Automobile Liability
Coverage shall have minimum limits of $1,000,000 per Occurrence, Combined single Limit Bodily Injury Liability
and Property Damage Liability. General Aggregated Limit shall have a minimum limit of $2,000,000. This shall
include Premises and Operations, Independent Contractors, Products and Completed Operations, Broad Form
Property Damage, XCU
Coverage, and Contractual Liability. Automobile coverage including hired, borrowed or non -owned autos, limits
of Liability, Bodily Injury, Damage Liability for any one accident $1,000,000. The City of Miami shall be named an
additional insured on both of these coverages.
9.03-2 Professional Liability insurance
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the
minimum amount of $1,000,000 per occurrence, combined single limits, providing for all sums which the
Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the
Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be
maintained for at least one year after completion of the construction and acceptance of any project covered by
this Agreement.
9.03-3 Worker's Compensation Insurance
The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter
440, as amended, and Employee's Liability with a minimum limit of
$500,000 each occurrence.
9.03-4 Sub -Consultant Compliance
Consultant shall ensure that all Sub -Consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The RISK ADMINISTRATOR or his/her authorized designee reserves the right to require modifications, increases, or
changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a
thirty (30) day written notice to the Consultant in accordance with §10.06 herein. Consultant shall comply with such
requests unless the insurance coverage is not then readily available in the national market, and may request
additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three
(3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records
necessary, in the opinion of the Director, to approve any requests for payment by the Consultant
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between
the City and the Consultant and supersedes all prior negotiations, representations or agreements, written or oral.
This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver
by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach
of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part,
by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood
that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment
for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder
requiring prior City approval.
The Consultant's services are unique in nature and any transference without City COMMISSION approval shall be
cause for the City to cancel this Agreement. The Consultant shall have no recourse from such cancellation. The City
may require bonding, other security, certified financial statements and tax retums from any proposed Assignee and
the execution of an Assignment/ Assumption Agreement in a form satisfactory to the City Attorney as a condition
precedent to considering approval of an assignment.
The Consultant and the City each binds one another. their partners, successors, legal representatives and authorized
assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of
such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
Consultants Initials ` Page 10 City's initials
Contract No.
PROFESSIONAL SERVICES AGREEMENT
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump
Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation
are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition
thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased
due to inaccurate, incomplete or non -current wage rates and other factual unit costs. All such price adjustments will
be made within 1 year following the end of the Project.
10.05 APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of
Florida Any suit or action brought by any party, conceming this agreement, or arising out of this Agreement, shall be
brought in Miami -Dade County, Florida. Each party shall bear its own attomey's fees except in actions arising out of
Consultant's duties to indemnify the City under ARTICLE 8 where Consultant shall pay the City's reasonable
attorney's fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United
States mail, return receipt requested, 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:
Gary Fabrikant
Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 8"' FI
Miami, Florida 33130
With a copy to:
David Mendez, Assistant Director
Department of Capital Improvements Program (CIP)
444 S.W. 2nd Ave., - 8th FI
Miami, Florida 33130
For Consultant:
Mr. Raj Rangaswamy, P.E.
President
Target Engineering Group, Inc.
8095 NW 12th Street, Suite 105
Miami, FL 33126
Phone: 305-436-8877
10.07 INTERPRETATION
The language of this Agreement has been agreed to by both parties' to express their mutual intent and no rule of strict
construction shall be applied against either party hereto. The headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns
used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless
the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the
context otherwise requires. Whenever reference is made to a Section or Article of this Agreement such reference is
to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City AND Consultant and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of the parties than any other.
10.09 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached
hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference
and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given effect.
10.10NIEDIATION - WAIVER OF JURY TRIAL
Consultant's Initials 1 `,-9'1
Contract No.
Page 11
City's Initials
PROFESSIONAL SERVICES AGREEMENT
In an effort to engage in a cooperative effort to resolve conflict whit hr may arise during the course of the design and
/or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this
Agreement agree, subject to the provisions in section 10.15; below,- that all disputes between them shall be submitted
to non -binding mediation unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find
mutually acceptable, wilI conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will
split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract
provisions with all Sub -Consultants and/or independent contractors and/or consultants retained for the project(s),
thereby providing for non -binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file
permissive counterclaims in any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement.
10.12 COMPLIANCE WITH LAWS
Consultant shall comply with at applicable laws, codes, ordinances, rules, regulations and resolutions including,
without limitation, the Americans with Disabilities Act ("ADA°), as amended, and all applicable guidelines and
standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant
represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the
performance of this agreement.
10.12-1 Non -Discrimination
City warrants and represents that it does not and will not engage in discriminatory practices and that there shall
be no discrimination in connection with 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.
10.12-2 OSHA Compliance
The Consultant warrants that it will comply with all safety precautions as required by federal, state or local laws,
rules, regulations and ordinances. The City reserves the right to refuse Consuttant access to City property,
including project jobsites, if Consultant employees are not properly equipped with safety gear in accordance with
OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by Consultant.
10.12-3 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA°)
in the course of providing any work, labor or services funded by the City, including Titles 1 & II of the ADA
(regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards.
Additionally -the Consultant shall take affirmative steps to -insure nondiscrimination in employment of disabled
persons.
10.13 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other
business enterprise between the parties. The Consultant has no authority to bind the City to any promise, debt,
default, or undertaking of the Consultant.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exerdse
of the reasonable professional discretion of the Director or the Director's authorized designee.
10.15 RESOLUTION OF CONTRACT DISPUTES:
Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the
terms of this Agreement by the City shall first be submitted to the project manager, prior to the Consultant being
entitled to seek relief in connection therewith. Consultant
The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to
the City of Miami personnel identified in Article 10.06, Notices.
Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in
Writing, with all supporting documentation, to the Assistant Director -Contract, as identified in Article 10.06, Notices.
Upon receipt of said notification the Assistant Director -Contracts shall reveiw the issues relative to the dispute and
issue a written finding.
Consultant's Initials
Contract No.
Page 12 City's initials
PROFESSIONAL SERVICES AGREEMENT
Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute the Consultant shall submit their
dispute in writing within five calendar days of the issuance of the written finding to the Director., Failure to submit such
appeal of the written finding within the stipulated timeframe shall constitute acceptance of the finding by the
Consultant. Upon receipt of said notification the Director shall reveiw the issues relative to the dispute and issue a
written finding.
Consultant must submit any further appeal in wilting within within five calendar days to the City Manager. Failure to
submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the
the City Manager for his/her resolution, is requird prior to Consultant being entitled to seek judicial relief in connection
therewith. Should the amount of compensation hereunder exceed $500,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Consuttant shall riot be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the
dispute, accompanied by at supporting documentation, or a period of (90) days has expired where City
Manager's decision is subject to City Commission approval; or
(ti) City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the
City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and
not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or
unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to
employees of the City are not available to Consultant, and agrees to provide workers' compensation insurance for any
employee or agent of Consultant rendering services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities
and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
10.18 PROJECT ASSIGNMENTS
The Director or designee shall award projects utilizing a work order process. Consultant shall be requested to submitt
a work order proposal , Attachment Tr, that shall be subject to review, negotiation, and approval by the Director or
designee. Upon approval of a work order, the Director or designee will issue a Notice -to -Proceed.
10.19 PERFORMANCE EVALUATION
Consultant is hereby advised that during the performance of Work under this Agreement, upon completion of the
Project and/or at any other time deemed appropriate by the City a performance evaluation report may be completed
by the Trust or the City. The performance evaluations will be kept in City files for use on future solicitations.
10.20 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities
and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
10.21 NO THIRD PARTY BENEFICIARIES
No persons other than the Consultant and the City on behalf of the Trust (and their successors and assigns) shall
have any rights whatsoever under this Agreement
Consultant's Initials Page 13 City Initials
Contract No.
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST Consultant, Target Engineering Group, Inc.
Signature
/24 tR&i 5 e.
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal. if available)
ATTEST:
Jr) /
Priscilla Thompson City Clerk tj dro G. Her . ,;ez, P.E.; City Manager
Signature
Mr. Raj Rangaswamy, P.E., President Target
Engineering Group, Inc.
(Corporate Seal)
a municipal corporation of the
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeAnn Brehm, Difector
Risk Management Department
Consultant's Initials
Contract No.
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie O. Bru: City Attorney
Page 14 City's Initial
200�.
Secretary:, /
Print: Ramzi Asfour, P.E.
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Target Engineering Group, Tnc , a corporation organized and existing under
the laws of the State of Florida , held on the27 -:day of Tan„ar . 1 qqq, a
resolution was duly passed and adopted authorizing (Name)-14ovi ndraj Range Swamyas
(Title) President- 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. / ,
N WITNESS WHEREOF, 1 have hereunto set my hand this /<, day of t`70&
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner. shall be the
official act and deed of the partnership.
1 further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
Stat
Zip
Consultants Initials f.3\ ]` Ciiy's lnitiais
Contract No.
COUNTY OF
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
business as (d/b/a)
executed and am bound by the terms of the Agreement to which
IN WITNESS WHEREOF, I have hereunto set my hand this
Signed:
Print:
, individually and doing
(if Applicable) have
this attestation is attached,
day of , 20
NOTARIZATION
STATE OF /" /3 la
SS:
nth o ; back )
The foregoing instrument was acknowledged before me this / 5 day of
tr)Co.l , 20 O �' , by i&win/ ro C &ci } 2ar?Gia, sW q who is personally
known td me or who has produced Vs identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
t`Y1f'�iSS St c E'-z�
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Consultant's Initials ' f4 16
Contract No.
City's Initials
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
The Consultant will provide engineering and technical personnel to perform Construction Engineering and
Observation (CEO) services on an as needed basis to the City for the administration of miscellaneous construction
projects throughout the City .
The Consultant agrees to provide the Services in accordance with all applicable law and building regulations,
including the Florida Building Code, the City of Miami, Florida, Code of Ordinances, the City's Construction
Engineering Observation Reference Manual, March 2005 Edition and at other requirements set forth in this
Agreement or in a Work Order proposal approved by the City.
The Consultant shall identify a Consultant Project Manager that will be the City's primary contact and whom will be
responsible for assuring that the Services are effectively carried out.
Examples of tasks and work requirements are provided in ARTICLE A7, herein. Specific tasks will vary according to
project assignments. Generally, the Consultant shall provide verification testing and inspection, and CEO services as
defined herein to assure that work is being, constructed in conformity with the plans, specifications, and provisions or
the contract for construction. Testing labs, where required, shall be certified in accordance to Florida Department of
Transportation standards.
A1.01 RANGE OF SERVICES
The Consultant shall fumish the Professional Services specifically authorized under an approved Work Order
Proposal, which services may encompass one or more professional disciplines. The Services may include but are not
limited to field investigations, observations, cost estimates, opinions of probable cost, construction contract
administration, construction engineering inspections, review of work prepared by other consultants, and other
professional services that may be required. An approved Work Order Proposal for a Project will identify tasks as
being included under Basic Services, Additional Services, and/or Reimbursable Services.
A1.02 WORK ORDERS
A1.02.1 Selection of Consultant for Assignments
Selection of Consultant for individual Work assignments will be made as follows:
• A list (List) of all CEO firms will be created based on the ranking established during the RFC) process
with the top ranked firm as the first CEO firm on the list.
• The City will contact a Consultant on the List on an as needed basis to provide a Work Order Proposal
for a Project with the highest ranked firm being contacted for the first Project.
• The City, at its sole discretion, may select a CEO firm on the List that is not next in the rotational
process where the City determines such action is in the best interest of the City. In such instances the
City shall base its selection on a Consultants expertise as it relates to the Project, the Consultant's
current workload, and the Consultant's performance on current and past projects.
• Failure of the Consultant to maintain an acceptable performance evaluation rating, as stated in Article
10.19 of this Agreement,
A1.02-2 Procedures
When a specific project has been determined, the Director or authorized designee, will request, in writinga Work
Order Proposal from the Consultant based on the proposed scope of work provided to the Consultant in writing
by the Director or designee. The Consultant and Director or designee, and others if appropriate, may have
preliminary meetings, if warranted, to further define the Scope Of Services and to resolve any questions
regarding the proposed Project. The Consultant shall then prepare a Work Order Proposal for the required
Professional Services following the format containedin Schedule A3, indicating the proposed scope of services,
time of performance, staffing, proposed fees, Sub -Consultants, and deliverable items and/or documents,
The Director or designee may accept the Work Order Proposal as submitted, rejed the Work Order Proposal, or
negotiate revisions to the Work Order Proposal. Upon successful conclusion of negotiation the Consultant may
be required to submit a revised and final Work Order Proposal. If negotiations cannot be concluded, the Director
or designee may terminate negotiations and may request a Work Order Proposal from another Consultant on the
List, or secure such services through other means available to the City under law.
Upon acceptance of a Work Order Proposal CIP will prepare a Work Order that will be reviewed by CIF staff and
the Director or designee. Upn appr CIP will issue a written Notice to Proceed subsequent to approval of the
Work Order by the Director or designee.
Consultant's Initials 17 City's Initials
Contract No
A1.03 NON-EXCLUSIVE RIGHT
It is understood that the award of Projects under this Agreement shall be at the sole discretion of the City
Manager or Director and that the Consultant has no expectation, entitlement, right to or privilege to receive a Work or
a Notice to Proceed. The City reserves at at times the right to perform any and all Professional Services in-house, or
with other private professional architects or engineers as provided by Section 287.055, Florida Statutes, as amended,
(Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all Projects or tasks or to exercise
every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special rights to any Work
required by the City. Outside of this Agreement, the Consultant may submit proposals and/or qualification for any
professional services which the Consultant is qualified to perform in response to any public solicitation issued by City.
A1.04 PAYMENTS
The City will pay the Consultant a separate stipulated amount for each Work Order issued, in accordance with
provisions and limitations of Attachment B. No payment will be made for the Consultants time or services in
connection with the preparation of any proposal or for any Work done in the absence of an executed Work Order,
Notice to Proceed and Purchase Order.
A1.05 LENGTH OF SERVICE:
The Consultant services for each Work Order shall begin upon issuance of a written Notice to Proceed by
GIP. While no personnel shall be assigned until written notification by the City has been issued, the
Consultant shall be ready to assign personnel within two weeks of notification.
ARTICLE A2 ADDITIONAL DEFINITIONS
A2.01 Construction Project Manager: The City staff member or the entity designated by the Contract Administrator
or Construction Program Manager authorized to coordinate, direct, and review on behalf of the City, all matters
related to specific construction projects. Duties and responsibilities of the City's Construction Project Manager shall
be similar to those defined for the "Construction Project Manager and Resident Engineer in FDOT's Construction
Project Administration Manual (CPAM).
A2.02 Construction Training/Qualification Program (CTQP): The City program for training and qualifying technicians
in Aggregates, Concrete, Earthwork, and Asphalt. The University Of Florida Transportation Research Center (TRC)
administers this program. Program information is available at CTQP website.
A2.03 Consultant Proiect Manager. The lead consultant employee responsible for the day-to-day operations and
administration of the work under the Consultant contract. The Consultant Project Manager will be the liaison between
the Construction Project Manager and Consultant's employees.
A2.04 Verification Testing and inspection: Level of testing and inspection as defined in the latest versions of the
Florida Department of Transportation (FDOT) Standard Specifications (Red Book) and FDOT's Construction Project
Administration Manual (CPAM).
A2.05 General Construction Observation and Testing: Minimum requirements for construction observation,
administration and documentation. Material testing and approvals for site work and concrete materials are also
required.
ARTICLE A3 ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT:
A3.01 The City will identify the Construction Project Managers for each specific Project.
A3.02 The City will furnish the following contract documents for each project or projects that consultant will be
responsible for providing CEO services.. These documents may be provided in either paper or electronic format.
A3.02-1 Construction Plans, Contract Documents
A3.02-2 City's Standard Specifications for Road and Bridge Construction
A3.02-3 Copy of the Executed Construction Contract.
ARTICLE A4 ITEMS FURNISHED BY THE CONSULTANT
A4.01 FDOT Documents:
All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction,
shall be provided by the Consultant. Most, if not at, FDOT documents, specifications, directives, procedures, and
standard forms are available through the FDOT's Internet website.
A4.02 Vehicles:
Consultant's initials I'j9 18 City's Initials
Contract No.
Vehicles used in the field by inspectors will be suitable for their intended purpose and wilt be equipped with
appropriate safety equipment. Vehicles shall have the name and phone number of the consulting firm visibly
displayed.
A4.03 Field Equipment:
The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope of Work, and
other items as determined by the Construction Project Manager. Quality and quantity of such items is to meet the
Construction Project Manager's approval.
Hard hats and other appropriate safety gear will be provided to all field personnel. Hard hats shall have the name of
the consulting firm visibly displayed.
Computers, Personal Digital Assistant's {PDA's), printers, and other related hardware will be provided by the
Consultant
Such equipment includes those non -consumable and non -expendable items, whirl are normally needed for a CEO
project and are essential in order to carry out the Scope of Work.
Equipment described herein under this section will remain the property of the Consultant.
The Consultants handling of nuclear density gauges shall be in compliance with their license.
The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of Services.
A4.04 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating testing
equipment when licenses are required. The Consultant shall make the license and supporting documents available to
the City of Miami, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density
Gauges shall be in compliance with FDOTs requirements.
ARTICLE A5 LIAISON:
The Consultant shall be fully responsible for carrying out all functions necessary to provide CEO Services on Projects.
The Consultant will be the City's representative during the construction phase of Projects and all communications to
the Contractor will be given through the Consultant
The Consultant shall immediately advise the Construction Project Manager of any omissions, substitutions, defects,
and deficiencies noted in the work of the Contractor and the corrective action taken.
The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the
Services with the Construction Project Manager. Upon request this information shall be made available to the
Construction Program Manager. All activities and decisions of the Consultant relating to the projects shall be subject
to review by the Construction Program Manager.
ARTICLE A6 REVIEW OF CONSULTANT PERFORMANCE:
The City will review the Consultant's performance to determine compliance with the scope and to confirm that
construction work and administrative activities are performed in conformity with the City's policies, plans,
specifications, and contract provisions. The Consultant shall cooperate and assist the City's representatives in
conducting the reviews. If deficiencies are indicated, the Consultant shall implement remedial action immediately.
The City of Miami's recommendations and Consultant responses/actions are to be properly documented by the
Consultant's Project Manager. Remedial actions and required response times may include but are not necessarily
limited to the following:
■ Further subdivide assigned responsibilities, reassign personnel, or assign additional personnel, within one
week of notification.
• Replace personnel whose performance has been determined by the City to be inadequate. Personnel whose
performance has been determined to be unsatisfactory shall be removed immediately.
• Immediately increase the frequency of job control testing in phases of work that are the Ccnsultant's
responsibility.
• Increase the scope and frequency of all training conducted by the Consultant.
In addition, the evaluation will be included as part of CIP's performance evaluation program as stated in Article 10.19
of this Agreement.
Consultant's Initials •t 19 City's Initial
Contract No.
ARTICLE A7 ACTIVITIES AND TASKS FOR THE SCOPE OF WORK
A7.01 General:
General Requirements and responsibilities of the Consultant are provided in ARTICLE Al. Requirements and
activities to be undertaken by Consultant shall be as detailed in each Work Order Proposal accepted and pursuant to
the terms and conditions of this Agreement. The City may direct the Contractor to utilize a Contractor Quality Control
program as defined in FDOT's Standard Specifications (Red Book) for road and bridge projects. The Consultant shall
provide verification testing and inspection for all assigned Projects unless otherwise directed.
A7.02 Construction Engineering Observation Services:
The Consultant shall perform all services necessary to properly coordinate the activities of all parties involved in
completing the Project These include maintaining complete and accurate records of all activities and events relating
to the Project; properly documenting all significant Project changes; interpreting plans, specifications, and
construction contract provisions; making recommendations to the City to resolve disputes; and maintaining an
adequate level of surveillance of Contractor activities.
All documentation will comply with standard City procedures, formats, and content. -The Consultant shall obtain the
Construction Project Manager's approval for all procedures and processes.
Services include, but are not limited to, the following:
A7.02-1 Meetings
Schedule and attend, within ten (10) days after the Notice to Proceed, pre -construction meeting for the Project in
accordance with City procedures. The Consultant shall provide appropriate staff to attend and participate in the
pre -construction meeting.
The Consultant shall record a complete and concise record of the pre -construction meeting and distribute copies
of the meeting minutes to the all participants and other required parties within five (5) calendar days.
A7.02-2 Contractor Monitoring
Monitor Contractors work and assure that the Contractor is conducting inspections, preparing reports and
monitoring all stormwater pollution prevention measures associated with the project. For each project that
requires the use of the NPDES General Permit, provide at least one staff person who has successfully completed
the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors
and Contractors.° The Consultants inspector will be familiar with the requirements set forth in the FEDERAL
REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits
for Stormwater Discharges from Construction Sites' and guidelines developed by the City.
A7.02-3 Problem Resolution
Analyze problems that arise on a project and proposals submitted by the Contractor, prepare and submit
recommendations to the Construdion Project Manager, and process the necessary paperwork.
A7.02-4 Payment Review
Produce reports: verify quantity calculations, and field measure for payment purposes as required.
A7.02-5 Traffic Control
Responsible for review of Work Zone traffic control plan design, implementation, and inspection of maintenance
of traffic schemes and devices in work zones to assure they are in accordance with the City's requirements.
A7.02-6 Public Information
Provide public information services as required to support the City and assist in managing inquiries from the
public, public officials, and the news media. Prepare fact sheets for intemal distribution as requested. The
Construction Project Manager shalt approve all notices, newsletters, brochures, responses to news media, etc.,
prior to release.
A7.02.7 Project Journal
Maintain both a detailed electronic and hard copy diary with accurate records of the Contractor's operations.
quantities, testing data, and of significant events that affect the work. Submit to the Construction Project
Manager a daily construction report utilizing the City's MPCS and provide electronic copies on a monthly basis.
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Contract No.
A7.03 Verification Sampling and Testing
The Consultant shall perform sampling and testing in accordance with the requirements_ defined in the applicable
project specifications and standards, such as Verification Sampling and Testing as defined in the latest versions of
the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction (Red
Book) and FDOT's Construction Project Administration Manual (CPAM).
A7.03-1 Plant inspection & Material Sampling
The Consultant and/or the Consultants lab will perform plant inspection and samphng of materials and
components at remote locations (from the vicinity of the project) in accordance with the applicable requirements.
A7.03-2 Job Control Samples
The Consultant shall be specifically responsible for job control samples determining the acceptability of all
materials and completed work items on the basis of either test results or verification of a certification, certified mill
analysis, FDOT label, FDOT stamp, etc.
A7.03-3 Sample Transport
The Consultant shall be responsible for transporting samples, cylinders, beams, etc. to an approved laboratory
for testing. The laboratory shall not be the same laboratory the contractor is using for their acceptance testing.
A7.03-4 Documentation
Documentation reports on sampling and testing shall be submitted to responsible parties during the same week
that the construction work is done. The Consultant will input verification testing information and data into the
City's MPCS, using PDA's on a daily basis, or as otherwise directed by the Construction Project Manager.
Designated Consultant personnel will be provided instructions for performing this task.
A7.04 Verification Inspection Services
The Consultant shall monitor the Contractors on -site construction activities and inspect materials as required to
assure that the work is completed in reasonable conformity with the plans, specifications, and other Construction
Contract provisions. Unless otherwise directed by City, all verification inspections shall be in accordance with the
requirements of the Latest versions of the Florida Department of Transportation (FDOT) Standard Specifications (Red
Book) and FDOT's Construction Project Administration Manual (CPAM).
The Consultant shall observe, record and report the Contractor's work progress to determine that the Work is in
general conformance with the requirements of the Contract Documents. This shall include, without limitation,
documenting activity observed and making note of deficiencies and issues requiring resolution; noting construction
deficiencies' and punch list items; making photograph or .video records of construction as deemed necessary, and
labeling and logging photos and videotapes.
A7.04-1 Site Conditions Review
Review site conditions during construction to determine that the Contractor is maintaining site -related items in
accordance with the Contract Documents. Document any deficiencies and notify the Contractor and the
Construction Project
A7.04-2 Soils Testing
Coordinate the observation of backfill, compaction and perform all required testing. Monitor reports of
compaction densities for trench backfill, and general site backfill to ascertain that minimum specified densities are
achieved. Review all test results submitted to verify compliance with specified requirements, and maintain project
log. Verify that areas of failing compaction are corrected to specified criteria.
A7.04-3 Concrete Testing
Coordinate and perform sampling and testing of concrete and monitor concrete test reports to ascertain specified
strengths are achieved. Follow up non -passing tests and evaluate to determine structural implications for the
affected construction.
A7.04.4 Project Meetinas
Administer weekly project meetings with appropriate team members in attendance. Prepare and distribute
meeting minutes to attendees. Note changes and/or corrections and insure all attendees approve minutes at
subsequent weekly meetings.
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A7.04-5 Stored Material/Equipment Review
Review stored materials and/or equipment for quantity and. quality verification for Contactor payment and to
verify that equipment and/or materials are adequately protected until installed. Coordinate with Contractor to
facilitate review of major items prior to unloading and storage. Regularly review Contractor's storage areas to
determine compliance with the Contract Documents. Notify the Contractor of any damaged or improperly stored
materials. Adjust payments properly for damaged or improperly stored equipment
A7.04-6 Project Photo and Video Documentation
Utilize project video and still photo camera equipment to document construction, video meetings, and record
operation and maintenance training session. Develop and maintain a log to enable easy retrieval of visual
information. Coordinate taping of operator training sessions. major meetings and major construction events.
A7.04-7 Record Drawing Review
Throughout the course of the project, review as -recorded drawings to verify the Contract Drawings are noted to
reflect actual construction. Review monthly status of as -recorded drawings and verify for monthly pay
applications. Refer to Field Order and Change Proposal Request (CPR) logs to identify areas of construction
revision. Notify Contractor in a timely fashion of deficiencies noted. Provide follow up to verify Contractor brings
as -recorded drawing status up-to-date.
A7.048 Develop a Progressive List of Items Requiring Correction
Develop and provide to Contractor an on -going list of items requiring correction to encourage the timely
correction of noted construction deficiencies. Monitor construction throughout the project duration and identify
deficient items. Provide Contractor with an updated list at monthly construction meetings. As deficiencies are
corrected, revise the list by deleting corrected items. Distribute the list updates to authorized parties.
A7.04-9 Manufacturer's O&M Training Review
Review the quantity and quality of specified manufacture's training and associated O&M manuals. Review
Contract Documents with the Contractor to establish which equipment requires training and the number of hours
required. Review manufacturer's training outlines and materials for completeness. Observe training sessions to
verify both field and classroom training is provided. Collect and log operator equipment training certification
forms.
A7.04-10 Notification of Accident Damage/Inlury
Document arty observations made of property damage or personal injury accidents on site and provide a written
report to the Construction Project Manager. Require lost -time accident reports at construction meetings.
A7.0411 Contract Interpretations and Modifications
Receive, log and coordinate reviews and responses to Contractor's Requests For Information/Interpretations
(RF!'s). Responses to RFI's are required to be provided to the Contractor within seven (7) days. Prepare and
issue response letters, field orders, or Change Proposal Requests as required.
A7.0412 Administration of Changed Work
Track changes from initiation through completion. Estimate cost and time impacts, and assist with negotiation of
changes in contract time and cost. Prepare change orders to incorporate changes within Contract Documents.
Evaluate Project on a continual basis to determine when changes are required. Initiate necessary changes in the
form of Change Proposal Requests. Review costs presented by Contractor on Change Proposal Requests.
Assist with negotiation of final pricing as required.
Assemble approved Change Proposal Requests periodically into Change Orders. Include justification documents
with each Change Order. Maintain current status log of at Change Proposal Requests and Change Orders.
Review as -recorded drawings to verify changes in work are reflected as applicable. Review pay requests to
verify Change Order items are broken out and that payment is not made until work is complete.
A7.04-12(a) Field Orders
Provide coordination and review to identify the need for minor changes in the Work consistent with the
design intent, and issue Field Orders to communicate the details of the minor changes involving no change
in contract time or contract price.
A7.0412(b) Coordinate and issue Change Proposal Requests (CPR'S)
Provide coordination and review to identify needed changes in the Work consistent with the design intent
• that involve changes in contract price and/or time, and issue CPR's to communicate the details of the
Consultant's Initials t 22 City's Initials
Contract No.
changes and request pricing by the Contractor. Collect technical information and evaluate proposed change.
Prepare technical description of the CPR using necessary graphic details and specifications. Prepare
Engineer's Opinion of Cost and evaluation of impact on Contract Time.
A7.04-12(c) Work Change Directives
Issue Work Change Directives (WCD), as required, to authorize changed or extra Work to proceed on a time
and material basis when Change Proposal Request finalization is not expedient or possible. Observe Time
and Material (T&M) work and reconcile T&M costs with Contractor on a daily basis. Finalize WCD's when
associated work is completed in an appropriate Change Order.
A7.04-12(d) Change Orders
Coordinate the combining of Change Proposal Requests, Work Change Directives and Field Orders into
Change Orders, and assemble the documentation. prepare the Change Order package and circulate for
execution by the Consultant, Contractor and Construction Project Manager. Update CPR and Change Order
logs and provide status reports tracking the execution of Change Orders.
A7.04-13 Measurement and Payment
Review and approve the Contractor's Schedule of Values (cost breakdown) to establish a reasonably
balanced distribution of costs to the various elements of the total construction to serve as a basis for
progress payments and determination of cost impact of changes. Notify Contractor with either letter of
acceptance or letter of rejection noting exceptions to obvious or apparent areas of unbalanced costs.
A7.04-14 Review and Process Contractor's Applications for Payment
Receive and review draft application for payment prepared by the Contractor, and note and attempt to
reconcile discrepancies between Engineer's estimate of progress and Contractor's application. Review draft
application for payment in comparison to measured or estimated quantities. Make notations of deficient work
not recommended for payment until corrected; deletion of payment for stored materials and/or equipment
which do not have approved shop drawings and/or proper invoices; reduction of value for partially completed
items claimed as complete. Retum a copy of the reviewed draft to the Contractor. Meet with Contractor to
reconcile discrepancies. Review revised application for payment and, if appropriate, advise Contractor to
submit the required number of copies. Forward copies to the Construction Project Manager for processing.
A7.04-15 Project Closeout
Receive and review Contractor's required substantial completion submittal, and determine if Project is ready
for substantial completion inspection. Develop substantial completion submittal checklist and perform the
following activities: verify submittal of ail required documents; review Contractor Record Drawings; perform
drafting of Record Drawing revisions on reproducible set and transmit to the Construction Project Manager,
review other substantial completion submittal documents for completeness and compliance with Contract
provisions; and schedule substantial completion inspection.
A7.04-16 Conduct Substantial Completion Inspection
Coordinate, conduct and document the substantial completion inspection. Notify all project team members of
date of substantial completion inspection. Prepare and distribute the punchlist format to the parties
conducting the inspeon. Review progress of corrective action on punch list items, periodically update, and
re -issue.
Identify tentative date of substantial completion, and prepare and issue Certificate of Substantial Completion
with a list of stated qualifications (punch list).
A7.04-17 Document Proiect Warranties
Fumish written notifition of the start of the warranty period to define for all parties the ending date of the
period for which the Contractor is responsible for repairing deficient project materials and equipment.
A7.04-18 Final Completion
Receive and review the Contractor's required final completion submittal. Develop final completion submittal
checklist. Verify submittal of all required documents and review for completeness and compliance with
Contract provisions. Notify Construction Project Manager, Contractor and other affected parties of date of
final inspection.
Coordinate, attend and conduct the final inspection meeting and physical walk-through of the Project.
A7.0419 Final Payment
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23 City's Initials
Collect all payment documents required and forward to the Construction Project Manager for processing
along with the Contractors Final Application and Certificate for Payment
Finalize all project costs and determine the final adjusted amounts for construction. Obtain Contractor's
signature on any required Contractors Certification or Affidavits. Process and sign Final Application for
Payment. Prepare transmittal letter indicating recommendation for Final Payment
A7.05 Construction Disputes and Claims
Consultant shall review and provide initial recommendations on disputes or claims in response to written
notification of claims made by the Contractor, in accordance with the provisions of the Contract Documents,
asserting the right to an adjustment in either Contract Price or Contract Time.
A7.06 Consultants Safety Program
individuals designated by the Consultant for the project should have appropriate level of safety training for
their assigned duties.
ARTICLE A8 PERSONNEL
A8.01 General Requirements:
The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements and
character to adequately perform the duties assigned for each specific assignment under this scope of work. Unless
otherwise agreed by the City of Miami, the City will not compensate straight overtime or premium overtime.
A8.02 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall
submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the Project,
including a detailed resume for each containing at a minimum salary, education, and experience. A request for
approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to
report to work.
Before the project begins, all project staff shall have a working knowledge of the current Construction Project
Administration Manual (CPAM) and must possess all the necessary certifications for obtaining the duties of the
position they hold. The Consultant Project Manager shall assure that the City of Miami's current practices, policies,
and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team and should occur as workload
permits.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum
qualifications will be considered on an individual basis. The Construction Program Manager or designee will have the
final approval authority.
A8.02-1 Consultant Project Manager
A Civil Engineering degree plus a minimum of five (5) years of engineering experience in construction of
road or bridge structures. Previous responsibilities shall have included supervising inspection and office
staff. Must have the ability to receive general instructions regarding assignments and be able to exercise
initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to
inspectors and assists in all phases of the construction project. The Project Manager should have knowledge
of the City and FDOT field procedures, specifications, standards, and manuals; will be responsible for the
progress and final estimates throughout the construction project duration. Must have the following:
Qualifications: Intermediate MOT Passed the CTQP Quality Control Manager Course examination
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year of engineering experience.
A8.02-2 Senior Civil Construction Observer
High school graduate or equivalent plus six (6) years of experience in construction inspection, four (4) years
of which shall have been in bridge, and/or roadway construction inspection. Previous responsibilities must
include performing highly complex technical assignments in field surveying and construction layout, checking
shop drawings, inspecting construction work, and finalizing punch -list. Senior Inspectors must be able to
rordinate and manage the lower level inspectors. Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level 1
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CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level I! (If applicable)
CTQP Earthwork Construction Inspection Level 1
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable)
CTQP Drilled Shaft Inspection (If applicable)
CTQP Grouting Technician Level 1 (If applicable)
CTQP Post -Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
Certifications: Nuclear Radiation Safety
A8.03 Staffing
Upon Agreement execution, the Consultant shall establish and maintain appropriate staff which possess the
experience, knowledge, requirements and character to adequately perform assigned project duties. If needed, in
order to assist in resolving disputed final pay quantities, Construction Project Manager may ask the Consultant to
provide personnel familiar with aspects of a construction project's final measurements.
The Consultant shall replace staff whose performance is unsatisfactory within one week of City notification. Personnel
identified in the Consultant technical proposal are to be assigned as proposed and are committed to perform services
under this scope of work. Personnel changes wilt require written approval from City.
Consultant's Initials I `-'� 25 City's Initials
Contract No.
ATTACHMENT A
SCOPE OF WORK
SCHEDULE Al. - SUBCONSULTANTS
NAME
JOB CLASSIFICATION
HNTB Corporation
Construction Engineering & Observation
PBS&J, Inc.
Construction Engineering & Observation
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
Raj Rangaswamy, P.E.
Principal/ Senior Project Engineer
Ramzi B. Asfour, P.E.
Principal/ QA
Sara J. Duffoo, P.E.
Senior Project Engineer
John Corcoran
Project Manager
Stephen Stokes
Project Administrator
William O. Perez, E.I.
Contract Support Specialist
Ian Castro
Senior Civil Construction Observer
Manny Alvarez
Civil Construction Observer
HNTB
Luis Chiang, PE, CGC
Project Engineer
Alfred Corneliuson, P.E.
Project Engineer
Reza Shams
Project Engineer
Eberle Phillipe
Senior Inspector
Johnnie Griffin
Senior Inspector
Jorge Flores
Civil Construction Observer
PBS&J
Jamil Jalloul, P.E.
Project Administrator
Consultants InitialsILI
Contract No.
26
City s Initials
Pedro Beltran, EIT, UBCI
Project Administrator
Mouaffak Hassoun, P.E.
Senior Project Engineer
Consultant's Initials _ 27 City's Initials
Contract No.
ATTACHMENT B — COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 METHOD OF COMPENSATION
The fees for Professional Services for each Work
Order shall be determined by one of the following
methods or a combination thereof, at the option of the
Director or designee, with the consent of the
Consultant.
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate, as defined B3.02in Section
and at the rates set forth in Section
c) A Percentage of Construction Cost, as
defined in Section B3.03, solely with the
written approval of the Director
B1.01 'COMPENSATION LIMITS
The aggregate sum of all payments for fees and
costs, including reimbursable expenses, to the
Consultant payable by the City under this Agreement
shall be limited to the amount specified in Section
2.04-1 as the maximum compensation limit for
cumulative expenditures under this Agreement
Under no circumstances will the City have any liability
for work performed, or as otherwise may be alleged or
claimed by Consultant, beyond the cumulative amount
provided herein, except where specifically approved in
accordance with the City Code by the City Manager or
City Commission as applicable as an increase to the
Agreement and put into effect via an Amendment to
this Agreement.
B1.02 CONSULTANT NOT TO EXCEED .
Absent an amendment to the Agreement or to any
specific Work Order, 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 BASIS
All foots and compensation payable under this
Agreement shall be formulated and based upon the
averages of the certified Wage Rates that have
received and approved by the Director. The
averages of said certified 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 include architect,
engineers, landscape architect, professional intems,
CADD technicians, project managers, GIS and
environmental specialists, 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
ConsultantAmplo at particular Wage Rate levels.
B2.03 I� MULTIPLIER
For W/ assigned under this Agreement, a multiplier
of shall apply to Consultants average hourly
W ge Rates in calculating compensation payable by
the City. Said multiplier is intended to cover
Consultant employee benefits and Consultants profit
and overhead, including, without limitation, office rent,
local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional
dues, subscriptions, reproduction of documents,
drawings and specifications, mailing, stenographic,
adminstrative and clerical, other employee time or
travel and subsistence not directly related to a project
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in
calculating compensation payable for specific
assignments and Work Orders as 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.
B2.05 EMPLOYEE BENEFITS AND
OVERHEAD
Regardless of the method of compensation elected
herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without
limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement,
medical, insurance and unemployment benefits) and
an overhead factor. Failure to comply with this
section shall be cause for cancellation of this
Agreement
B2.06 ESCALATION
Commencing January 1, 2009, the hourly rates
depicted in Schedule B1, Certified Wage Rates, may
be adjusted annually according to the Miami — Fort
Lauderdale Consumer Price Index issued by the U.S.
Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying the •
ratio of the April index divided by the previous year's
index by the hourly rate entries in the Wage Rate
Schedule to determine the adjusted Wage Rate
Schedule. The maximum increase in any adjustment
shall be limited to three percent (3%) per year.
ARTICLE B3 COMPUTATION OF FEES
AND COMPENSATION
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Contract No.
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 above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be
a Lump Sum, either a Fixed Fee or Not to Exceed Fee
as deemed appropriate by the City, to be mutually
agreed upon in writing by the City and the Consultant
and stated in a Work Order. Lump Sum
compensation is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee shall be the total
amount of compensation where all aspects of Work
are dearly defined, quantified and calculated.
B3.01-2 Guaranteed Maximum Lump Sum: shall be
the total maximum fee amount payable by City
wherein certain aspects, tasks or allowances may not
be defined, quantified and calculated at the time of
Work Order issuance. A Guaranteed Maximum Lump
Sum compensation may represent a combination of
Fixed Fees for professional services and not to
exceed allowances for Reimbursable Expenses or
Additional Services.
B3.01.3 Where a Lump Sum Fixed Fee is agreed
upon as the "Base Fee" for Basic Services defined for
a project, payments to the Consultant shall be based
on a percentage of the Base Fee according to the
Phase of the Work as indicated under Section 6.01.
B3.01-4 If the City authorizes a substantial or material
change in the Scope of Work, the Lump Sum for any
Base Fee may be equitably adjusted by mutually
consent of the parties, which may be put into effect by
an amendment to the Work Order.
83.01-5 It is understood that with Fixed Fee Lump
Sum Compensation, the Consultant shall perform all
services for total compensation in the amount stated
above. Under a Not to Exceed Lump Sum, the
Consultant shall perform all services that may
comprise "Basic Services" but may not be required by
City to perform all other services delineated in the
Work Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure,
charge or cost beyond the Lump Sum compensation
amount stipulated.
B3.01-6 Lump Sum compensation shall be calculated
by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may
require Consultant to verify or justify its requested
Lump Sum compensation. Such verification shall
present sufficient information as depicted in Sdnedule
A2.
B3.02 HOURLY RATE FEES
83.02-1 Hourly Rate Fees shall be those rates
for Consultant and Sub -Consultant employees
identified in Schedule B1 Wage Rates. Al hourly rate
fees wll 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.
83.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those
instances 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 a particular Project or
portion thereof at the time of Work Order issuance.
Hourly Rate Fees may be utilized for Additional Work
that is similarly indeterminate. in such cases, the City
will establish an Allowance in the Work Order that
shall serve as a Not to Exceed Fee for the Work to be
performed on an Hourly Rate Basis.
B3.03 PERCENTAGE OF CONSTRUCTION
COST:
This is a percentage fee based on the Total
Authorized Design Value of a project said percentage
being hereinafter called the "Base Fee," as mutually
agreed upon in writing by the City and the Consultant
and stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03-1(a) The Total Authorized Design Value
shall be used and identified in the Work Order as the
basis for establishing the compensatory fee for all
phases identified as part of Basic Services.
83.03-1(b) If the actual construction cost is
increased during the construction phase, the "Actual
Construction Cost" shad be used as the basis for
determining the fee for Construction Administration
Phase if included in Basic Services.
B3.03-1 (c) The term "Actual Construction Cost"
does not include any compensation to the Consultant,
the cost of the land, rights -of -way, works of art, permit
fees or other costs which are the responsibility of the
City.
B3.03-2 inclusive Fee
It is understood that with percentage compensation
the Consultant shall perform all services for the stated
percentage of the .construction cost budgeted when
the contract is signed.
B3.03-3 . Changes to Project Scope
If the City authorizes an increase or decrease in the
scope of the Project or the Total Authorized Design
Value of the Project, the Base Fee will be adjusted
aocordingly, based on justification from the Wage
Rates or as mutually agreed upon.
B3.04 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, depredation of equipment, professional
dues, subscriptions, etc., reproduction of drawings
and specifications, mailing, stenographic, derica(, or
Consultant's Initials 29 City's Initials
Contract No.
other employees time or travel and subsistence not
directly related to a project. All reimbursable services
shall be billed to the City at direct- cost- expended by
the Consultant. City authorized reproductions in
excess of sets required at each phase of the Work will
be a Reimbursable Expense.
The City will reimburse the Consultant for authorized
Reimbursable Expenses pursuant to the limitations of
this Agreement as verified by supporting
documentation deemed appropriate by Director or
designee including, without limitation, detailed bills,
itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE or
DEDUCTIVE ALTERNATES:
The design of additive and deductive alternates
contemplated as part of the original Scope for a
Project as authorized by the Director wilt be
considered as part of Basic Services. The design of
additive and deductive alternates that are beyond the
original Scope of Work and construction budget may
be billed to City as Additional Services. The fees for
alternates will be calculated by one of the three
methods outlined above, as mutually agreed by the
Director and the Consultant.
B3.06 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 B3.06 and B3.04
respectively, may be applicable.
B3.06-1 Determination Of Fee
The compensation for such services will be one
of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to
Exceed Limit, or Percentage of Construction
Cost.
B3.06-2 Procedure and Compliance
An independent and detailed Notice to Proceed,
and an Amendment to a specific Work Order,
shall be required to be issued and signed by the
Director for each additional service requested by
the City. The Notice to Proceed will specify the
fee for such service and upper limit of the fee,
which shall riot be exceeded, and shall comply
with the City of Miami regulations, including the
Purchasing Ordinance, the Consultant's
Competitive Negotiation Act; and other applicable
laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional
Services, either professional fees or reimbursable
expenses, shall not include additional charges for
office rent or overhead expenses of any kind,
including local telephone and. utility charges,
office and drafting supplies, depreciation of
equipment, professional dues, subscriptions, etc.,
reproduction of drawings and specifications.
•
mailing, stenographic, clerical, or other
employees time or travel and subsistence not
directly related to a project. For all reimbursable
services the Consultant will apply the multiplier of
one- {1.0) times the amount expended by the
Consultant. C
133.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for
revisions and/or modifications to drawings and
specifications, for extended construction
administration, or for other work when such work is
due to errors or ommissions of Consultant as
determined by City.
B3.08 FEES RESULTING FROM
PROJECT SUSPENSION
If a project is suspended for the convenience of the
City for more than three months or terminated without
any cause in whole or in part, during any Phase, the
Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination,
together with the cost of authorized reimbursable
services and expenses then due, and all appropriate,
applicable, and documented expenses resulting from
such suspension or termination. If the Project is
resumed after having been suspended for more than
three months, the Consultant's further compensation
shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE
CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested
monthly in proportion to services performed during
each Phase of the Work. Sub -Consultant fees and
Reimbursable Expenses shall be billed to the City in
the actual amount paid by Consultant.
B4.02 FOR COMPREHENSIVE BASIC
SERVICES
For those Projects and Work Orders where
comprehensive design services are stipulated, said
payments shall, in the aggregate, not exceed the
percentage of the estimated total Basic Compensation
indicated below for each Phase.
B4.03 BILLING — HOURLY RATE
Invoices submitted by Consultant shall be sufficientiy
detailed and accompanied by supporting
documentation to allow for proper audit of
expenditures. When 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. To the sum
thus obtained, any authorized Reimbursable Services
Cost may be added. The Consultant shall attach to
the invoice at supporting data for payments made to
Sub -Consultants engaged on the project or task. In
addition to the invoice, the Consultant shall, for Hourly
Rate authorizations, submit a progress report givi
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Contract No.
the percentage of completion of the Project
development and the total estimated fee to
completion.
B4.04 PAYMENT FOR ADDITIONAL
SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested
monthly in proportion to the services perfdrmed.
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. To the sum thus obtained, any
authorized Reimbursable Services Cost may be
added. The Consultant shall attach to the invoice at
supporting data for payments made to Sub -
Consultants engaged on the project or task.
In addition to the invoice, the Consultant shall, for
Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project
development and the total estimated fee to
completion.
84.05 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 in the Work Order (as Basic
Services and/or Additional Services) and consist of
actual expenditures made by the Consultant and the
Consultant's 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 Miami-Dade-Broward-Palm Beach
County area or from locations outside the Miami-
Dade-Broward-Palm Beach County area will not
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Contract No.
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
Miami -Dade or Broward County wilt not be
reimbursed. Meals and lodging expenses will not
be reimbursed for temporarily relocating
Consultants employees 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, Howard
Johnson or Ramada Inn. Governmental lodging
will not be reimbursed within Miami -Dade,
Broward or Palm Beach County.
B5.01-3 Communication Expenses
Identifiable communication expenses approved
by the Project Manager, long distance telephone,
courier and express mail between the
Consultant's various permanent offices. The
Consultant's field office at the Project site is not
considered a permanent office.
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.
85.01-5 Permit Fees
All Permit fees paid to regulatory agencies for
approvals directly dttributable 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 writing by the Director and subject to all budgetary
iimitations of the City and requirements of ARTICLE
B5 herein.
31 City's Initials
ATTACHMENT B — COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
JOB CLASSIFICATION
NEGOTIATED
AVERAGE HOURLY
RATE
ADJUSTED
AVERAGE HOURLY
RATE
(Multiplier Applied)
Target Engineering Group
Principal
$103.00
$175.10
Project Manager
$51.51
$87 57
Senior Project Engineer
$52.88
$89.90
Project Administrator
$51.51
$87 57
Contract Support Specialist
$33.78
$57.43
Senior Civil Construction Observer
$33.21
$56.46
Civil Construction Observer
$22.28
$37.88
Database Programmer
$35.35
$60.10
Chief Construction Estimator
$59.61
$101.34
Chief Claims Analyst
$59.61
$101.34
Senior Construction Scheduler
$51.50
$87.55
Construction Scheduler
$30.58
$51.99
HNTB
Project Administrator
$43.36
$73.71
Civil Construction Observer
$22.00
$37.40
PBS&J
Senior Project Engineer
$51.93
$88 28
Project Administrator
$43.99
$74.78
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Contract No.