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HomeMy WebLinkAboutPre- Legislation 2City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com File Number. 08-01316 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1} "CHAPTER 1 B City of Miami Page I of 4 Printed On: 11/12/2008 File Number. 08-01316 FINANCE ARTICLE 111. CiTY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Agreements. (1) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects. identified in Attachment "A" or by City Commission Resolution, with the express purpose of stimulating the local economy. (2) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment A. The City Commission may. from time to time, by passage of resolutions, add or delete projects from the list of Economic Stimulus Projects to which this Section applies. (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting, and Performance to ensure funding is available for each proiect. (4) Notwithstanding any other provision of the Code of the City of Miami ("City Code"), including, without limitation, the City of Miami Procurement Ordinance, to the contrary, the City Manager or his / her designee shall have the following authority only with respect to the identified Economic Stimulus Projects: (a) To appoint evaluation, selection and neqotiation committees to obtain professional services as defined by and in accordance with & 287.055, Fla. Stat., ( The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of Section 18-542 (12) requiring that the maioritv of evaluation committee be from the public, and provided that each such committee should contain, whenever possible , representation from the user department. (b) To issue bid and proposal documents including addenda thereto. (c) To receive, open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including professional services agreements and construction contracts in accordance with 6 255.20, Fla. Stat. , ("Local bids and contracts for public construction works")as amended, without City Commission approval and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by the Office of Strategic Planning, Budgeting, and Performance: and (b) The value of the recommended award does not exceed the estimated cost of construction by more than ten (10) percent: and City of Miami Page 2 of 4 Printed On: 11/12,2008 File Number. 08-01316 (c) At least three bids are received from responsive and responsible bidders: and (d) The contractor or professional services firm receiving the award is in good standing with the City including but not limited to having no outstanding debts to the City and proves demonstrated acceptable past performance. and (e) The contractor has submitted required insurance. bonds, affidavits. and documentation required by the solicitation: and (f) None of the bidders or proposers have timely filed a bid protest (6) The city manager shall submit to the city commission, on a bi-monthly basis, a listing of any contracts including the names of the firms, the names of the projects, and the amount of compensation of any contracts the city manager has awarded under this section. (7) Excepting for the execution of contracts, the city manager may delegate his or her duties under this section to the director of the capital improvements programs, the chief procurement officer or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize disruptions in the flow of the work. Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein. Such change orders will include a report on the draws against the initial contingency. (9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance is earlier repealed by the City Commission. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY City of Miami Page 3 old Printed On: 11/12/2008 File Number. 08-01316 Footnotes: {1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. 00 of Miami Page 4 of Printed On: ll/12/2008 Service Category Contract Type Project Consultant CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM PROFESSIONAL SERVICES AGREEMENT Professional Services (RFQ No. 08-09-049) Construction Engineering & Observation Services NE 2nd Avenue (Segments B1 & C) & Citywide ADA Sidewalk Improvements Metric Engineering, Inc. TABLE OF CONTENTS ARTICLE 1 DEFtNIT1ONS 4 ARTICLE 2 GENERAL CONDITIONS 5 2.01 TERM 5 2.02 SCOPE OF SERVICES 5 2.03 COMPENSATION 5 ARTICLE 3 PERFORMANCE .. 6 3.01 PERFORMANCE AND DELEGATION 6 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6 3.03 CONSULTANT KEY STAFF 6 3.04 TIME FOR PERFORMANCE 6 ARTICLE 4 SUBCONSULTANTS 7 4.01 GENERAL 7 ARTICLE 5 DEFAULT 7 5.01 GENERAL 7 5.02 CONDITIONS OF DEFAULT 7 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7 ARTICLE 6 TERMINATION OF AGREEMENT 7 6.01 CITY'S RIGHT TO TERMINATE 7 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 T.03 RE -USE BY CITY 8 7.04 NONDISCLOSURE 8 7.05 MAINTENANCE OF RECORDS 8 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 9.03-3 PROFESSIONAL LIABILITY INSURANCE 9 9.03-4 WORKER'S COMPENSATION INSURANCE 10 9.03-5 SUB -CONSULTANT COMPLIANCE 10 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 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 CIP Contract No. 09-1306 Page 1 10.10 MEDIATION - WAIVER 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 ATTACHMENT A - SCOPE OF WORK 16 ARTICLE Al GENERAL 16 A2,01 SCOPE OF SERVICES 16 ARTICLE A2 BASIC SERVICES 16 A2.01 CONSTRUCTION ENGINEERING & OBSERVATION SERVICES 16 A2.02 COORDINATION 16 A2.03 GENERAL REQUIREMENTS 17 A2.04 CONSTRUCTION ENGINEERING OBSERVATION SERVICES: 17 A2.05 VERIFICATION SAMPLING AND TESTING 18 A2.06 VERIFICATION INSPECTION SERVICES 18 A2.07 CONSULTANTS SAFETY PROGRAM 21 A2.08 PERSONNEL 21 A2.09 TIME FRAMES FOR COMPLETION 23 ARTICLE A3 ADDITIONAL SERVICES 24 A3.01 GENERAL 24 ARTICLE A4 REIMBURSABLE EXPENSES 24 A4.01 GENERAL.. 24 ARTICLE A5. CITY'S RESPONSIBILITIES 24 A5,01 PROJECT & SITE INFORMATION 24 ARTICLE AB CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT 24 SCHEDULE A2. - KEY STAFF 26 ATTACHMENT 8 - COMPENSATION AND PAYMENTS 27 ARTICLE BI METHOD OF COMPENSATION 27 B1.01 COMPENSATION LIMITS 27 B1.02 CONSULTANT NOT TO EXCEED 27 ARTICLE B2 WAGE RATES 27 B2.01 FEE BASIS 27 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 27 B2.03 MULTIPLIER 27 B2.04 CALCULATION 27 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 28 B2.06 ESCALATION 28 ARTICLE 83 COMPUTATION OF FEES AND COMPENSATION............ 28 B3.01 LUMP SUM: 28 83.02 HOURLY RATE FEES 29 B3.03 PERCENTAGE OF CONSTRUCTION COST• 29 B3.04 REIMBURSABLE EXPENSES 29 B3.05 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES. 29 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 84.01 PAYMENTS GENERALLY 30 B4.02 FOR COMPREHENSIVE BASIC SERVICES 30 B4.03 BILLING - HOURLY RATE 30 84.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 31 B4.05 DEDUCTIONS 31 ARTICLE 85 REIMBURSABLE EXPENSES: 31 B5.01 GENERAL 31 B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 32 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 32 B8.01 GENERAL 32 SCHEDULE B1 - COMPENSATION SUMMARY 33 SCHEDULE B2 - WAGE RATES SUMMARY 34 Attachment C- FDOT, ARRA / FEDERAL REPORTING COMPLIANCE MATRIX 35 CIP Contract No. 09-1306 Page 2. CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM PROFESSIONAL SERVICES AGREEMENT Service Category Professional Services (RFQ No. 08-09-049) Contract Type Construction Engineering & Observation Services Project NE VI Avenue (Segments B1 & C) & Citywide ADA Sidewalk Improvements Consultant Metric Engineering, Inc. Consultant Office Location 13940 SW 136th Street, Suite 107 Miami, FL 33186 City Authorization City Code Section 18-87 This •ree ent, as revised per addenda, included herein as Attachment D, Is made this Is day of i�r1 in the year 2010 ("Agreement") by and between the City of Miami, Florida, hereinafter called the "City,' and Metric Engineering, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 08-09-049 on November 18, 2009 for the provision of Professional Construction Engineering & Observation Services ("Services") and Consultant's proposal ("Proposal"), In response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full. B. WHEREAS, the City, through action of the City Manager andlor 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: CIP Contract No. 09-1306 Page 3 PROFESSIONAL SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in the Agreement. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a 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 Construction Training/Qualification Program (CTQP) means the City program for training and qualifying technicians in Aggregates, Concrete, Earth work, and Asphalt. The University of Florida Transportation Research Center (TRC) administers this program. Program information is available at the CTQP website. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, which has entered into the Agreement 10 provide professional services to the City. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered Into a contract with the City for construction of City facilities and incidentals thereto. 1.11 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator of the Capital Improvements Program or designee. 1.12 Errors means items In the plans, specification or other documents prepared by the Consultant that are shown incorrectly, which results In a change to the Services and results in the need for the construction contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.13 Errors and Omissions means design defects or deficiencies in the plans, specification or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as intended. 1.14 Inspector means 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. 1.15 Noflce to Proceed means same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that Consultant may begin work on the Project. CIP Contract No. 09-1306 Page 4 PROFESSIONAL SERVICES AGREEMENT 1.16 Omissions means items in the plans, specification or other documents prepared by the Consultant that are not shown or included which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.17 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Services to be performed under this Agreement and the construction of a project as a direct representative of the City. 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). 1.18 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.19 Professional Services means 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. 1.20 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to Insurance and risk of Toss for the City. 1.21 Scope of Services or Services means 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. 1.22 Sub -consultant means a person or organization of properly 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. 1.23 Verification Testing and Inspection means the level of testing and inspection as defined in the latest version of the Florida Department of Transportation (FDOT) Standard Specifications (Red Book) and FDOTs Construction Project Administration Manual (CPAM). 1.24 Wage Rafe means the effective direct expense to Consultant and/or Sub -consultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.25 Work Order means a document internal to the City authorizing the performance of specific professional services for a defined Project or Projects. 1.26 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project of for Additional Services. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES Consultant agrees to provide the Services as specifically described and set forth in Attachment "A" hereto, which by this reference is incorporated Into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits The amount of compensation payable by the City to Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established 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 Forty -Eight Thousand, Eight Hundred Ninety Four Dollars and GIP Contract No. 09-1308 Page 5 PROFESSIONAL SERVICES AGREEMENT Forty Cents ($548,894.40) in total over the term of the Agreement and any extension(s), unless explicitly previously approved by action of the City Commission of City Manager as applicable and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for basic services of $518,894.40, plus 515,000.00 for Additional Services and $15,000.00 for Reimbursable Expenses. The City may, at its sole discretion use other compensation methodologies. 2.03-2 Payments Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with Florida Statutes, Chapter 218, Part VII, (Local Government Prompt Payment Act), 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 and subject to the limitations of, Section §112.061, Florida Statutes, as amended. Consultant shall utilize Attachment "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 Consultants own staff, unless otherwise provided in this Agreement, or approved, in wilting 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 pursuant to the requirements of this Agreement. The Consultant shall respond to City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by Consultant. Such request shall solely relate to said employees 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 Staffi % Consultant shall ensure that Key Staff are available for Services hereunder as long as said Key Staff is in Consultant's 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 Services hereunder upon receipt of a Notice to Proceed issued by the Director and to complete each assignment, task or phase within the time stipulated in the Notice to Proceed. Time is of the essence with respect to performance of this Agreement. A reasonable extension of the time for completion of various assignments, tasks or phases 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. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section 471.033(1) of the Florida Statutes, as amended. Consultant shall perform due diligence, in accordance with best industry practices, in gather information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, CIP Contract No. 09-1306 Page 6 PROFESSIONAL SERVICES AGREEMENT including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL The use of Sub -Consultants is not permitted under this Agreement. 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 the 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: 5.02-1 Consultant fails 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 Services within the time provided or contemplated herein, or fails to complete the Services In a timely manner as required by 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 Services 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 eamed compensation for the Services that was performed In complete compliance CIP Contract No. 09-1306 Page 7 PROFESSIONAL SERVICES AGREEMENT with this Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its officials or employees. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, following breach by the City, if breach of Agreement 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 this 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 this 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 Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of the Consultant to promptly deliver all such documents, 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 all such documents. Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant agreements and/or Work Orders for new Services 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 Consultant 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 agrees 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, Chapter 119, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the law. 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 CIP Contract No. 09-1306 Page 8 PROFESSIONAL SERVICES AGREEMENT authorized agents or representatives of City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above; provided, however such activity shall be conducted only during normal business hours. ARTICLE 8 INDEMNIFICATION The Consultant shall hold harmless, indemnify and defend the City, its officials and employees harmless from any and all claims, losses and causes of actions which may arise out of the performance of this Agreement as a result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of the Consultant or the Sub -Consultants. The Consultant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all project related suits, in the name of the City when applicable, and shall pay all costs, including without limitation reasonable attomey's and appellate attorney's fees, and judgments which may Issue thereon. 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. This indemnity shall be construed and interpreted to comply with §725.08, Florida Statutes, as amended. ARTICLE 9 INSURANCE The Consultant shall not start Services 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 A.M. 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 clearly indicate that the Consultant has obtained Insurance of the type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with equal or better rating as identified herein for the term of this contract. 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. 9.03 FORMS OF COVERAGE 9.03-1 COMPREHENSIVEGENERAL LIABILITY AND AUTOMOBILE LIABILITY The consultant shall maintain commercial general liability coverage with limits of at !east $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. The coverage shall be written on a primary and non contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or Its equivalence. Notice of cancellation should read (30) days/ (10) days for nonpayment. 9.03-2 BUSINESS AUTOMOBILE The consultant shall provide business automobile liability coverage including coverage for all owned, hired and non owned autos with a minimal combined single limit of $1,000,000 naming the City as an additional insured with respect to this coverage, Notice of cancellation should read (30) days/ (10) days for nonpayment. 9.03-3 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 CIP Contract No. 09-1306 Page 9 PROFESSIONAL SERVICES AGREEMENT ali 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. 9.03-4 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, 9.03-5 SUB -CONSULTANT COMPLIANCE Consultant shall ensure that all Sub -consultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or 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 10.01AUDIT 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 ail 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 In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs. All such price adjustments will be made within 1 year following the end of the Project. CIP Contract No. 09-1306 Pege 10 PROFESSIONAL SERVICES AGREEMENT 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, retum 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 Capital Improvements Program (CIP) 444 S.W. 2"d Ave., - 8t" FI Miami, Florida 33130 For Consultant: Robert Linares, Vice -President Metric Engineering, Inc. 13940 SW 136'h Street, Suite 107 Miami, FL 33186 10.07 INTERPRETATION The languageof 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. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the Initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar 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. CIP Contract No. 09-1306 Page 11 PROFESSIONAL SERVICES AGREEMENT 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. 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 makes the same warrant and representation as to its employees and representatives. 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. 10.12-1 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 Consultant 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. 10.12-2 ADA COMPLIANCE Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I & II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally —the Consultant shall take affirmative steps to —insure nondiscrimination in employment of disabled persons. 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 exercise 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 be submitted for resolution in the following manner. 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 -Contracts, as identified in Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal CIP Contract No. 09-1306 Page 12 PROFESSIONAL SERVICES AGREEMENT of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification the Director shall review the issues relative to the dispute and issue a written finding. Consultant must submit any further appeal in writing within five (5) calendar days of the Issuance of the written finding 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 City Manager for his/her resolution, is required prior to Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed S500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek Judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission approval; or (Ili) 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 THIRD PARTY BENEFICIARY Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 PERFORMANCE EVALUATIONS The City conducts performance evaluations during and after completion of agreements with consultants, which are used as a basis for the awarding of future work as well advising the consultant of their performance. 10.20 NO ESTOPPEL Neither the City's review, approval andlor acceptance of, or payment for Services performed under this Agreement shall be construed to operate as a waiver of any rights under this Agreement of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the City in accordance with applicable laws for all damages to the City caused by the Consultant's negligent performance of any of the Services under this Agreement. The rights and remedies provided for under this Agreement are In addition to any other rights and remedies provided by law. Where the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable under this Agreement. CIP Contract No. 09-1306 Page 13 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST t) / Consultant, Metric Engineering, Inc. t-e-e . j (c. t.= t. Signature J 7 -- C ' `?f2��e.- :/irr,. 'Friel' (p?k16:!} 1). .J(.%% % -- /%1C _:i 1Jr1J f J Print Name: Title of Authorized Officer or Official ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: J4-44.0iW"-- riscilla Thompson, CifyI rk /, ; _) IQ • (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida ,gin g y., City Manager APPROVED ASS Ts'INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: Mey ,eeAnnBrehm, 1're or Risk Management Department CIP Contract No. 09-1306 CORRECTNESS: Julie O. Bru, C Attorney Page 14 PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION) 1 I HEREBY CERTIFY that at a meeting of the Board of Directors of L=w:C../ /; 2,0-/tr"/_. Ti r- , a corporation organized and existing under the laws of the State of held. on they day of J` sr c/ 2 : ', a resolution was duly passed and adopted authorizing (Name) (f fr2i %c i:'_ iJr.'.� _ ;— as (Title) �i2� s J�c?r; of the corporation to execute agreements on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand this d , day of 20 JL' . Secretary : —I Print:. -lq/2 t I ' j J2e CERTIFICATE OF AUTHORITY (IF LIMITED LIABILITY COMPANY) 1 HEREBY CERTIFY that at a meeting of the Board of Directors of , a limited liability company organized 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.limited liability corporation to execute agreements on behalf of the company and provides that his/her execution thereof, attested by the secretary of the company, Shall be the official act and deed of the company. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, 1 have :hereunto set my hand this _, day of 20 Secreatary: Print: STATE OF //se. / / ) ) SS: COUNTY OFi i//1d??', b/I t ) 20 ! produc as identification and who (did / did not) SI ATURE OF/NOTARY PUBLIC S ATE -OF //FLORRI�I77DA FEINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC NOTARY PUBLIC -STATE OF FLORIDA Morelia Guitian `Commission t# DD827276 %,; „ Expir@i;, SEP. 30, 2012 TUN AT1411lCBOtt =ca,um NOTARIZATION G1 , b a The fore oing instruinent was acknowledged before rime this d.-5 day of r-: �/' y 1�t/ ,who is personally known to n e or who has ake an oath. CIP Contract No. 09-1306 15 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL Scope of Services shall provide construction engineering & observation services. Consultant shall provide said services for the Project for which Consultant was selected in accordance with Section §287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act ("CCNA"). A2.01 SCOPE OF SERVICES The Consultant agrees to provide comprehensive professional services in accordance with all applicable laws and building regulations, including the Florida Building Code, the City's Construction Engineering Observation Reference Manual, March 2005, edition, and the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in any Work Orders. Consultant shall furnish, as Basic Services, comprehensive professional services for the Projects including, but not limited to those describes in Article A2, 'Basic Services." ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete specified services as set forth in the Agreement, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, laws, codes and ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Services at all times to ensure its performance as specified in the Agreement. Consultant agrees to management of compliance requirements of the ARRA funding and other federal reporting requirements and FDOT requirements, as detailed in Attachment C - Compliance Matrix. This includes, but is not limited to: o Educating contractor and ensuring contractor compliance with FDOT requirements, Equal Employment Opportunity (EEO) requirements, Disadvantaged Business Enterprise requirements, Davis -Bacon requirements, On the Job Training (OJT) requirements, and ARRA reporting requirements (See Exhibit A). o Gathering and managing submission of all required reports to various agencies as required by ARRA, other federal requirements, and FDOT requirements. o Creating reimbursement requests for federal reimbursement, including all required reports and forms per FDOT and federal requirements. o Scheduling and supervising pre -construction meeting, OJT Post Pre -Construction Training Evaluation Meeting, EEO meetings, and any other ARRA, federal, or FDOT required meetings for all applicable projects. o Performing required. Labor/EEO Compliance interviews and OJT Trainee Interviews as required. A2.01 Construction Engineering & Observation Services 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 Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. A2.02 Coordination The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the Services with the 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 Program Manager. CIP Contract No. 09-1306 16 PROFESSIONAL SERVICES AGREEMENT A2.03 General Requirements General Requirements and responsibilities of the Consultant are provided in Article Al General. Requirements and activities to be undertaken by Consultant shall be as detailed in each Work Order Proposal accepted end 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 Protects unless otherwise directed. A2,04 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 Protect Manager's approval for all procedures and processes. Services include, but are not limited to, the following: 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. Contractor Monitoring Monitor Contractor's 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 Consultant's 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. Problem Resolution Analyze problems that arise on a project and proposals submitted by the Contractor, prepare and submit recommendations to the Construction Project Manager, and process the necessary paperwork. Payment Review Produce reports; verify quantity calculations, and field measure for payment purposes as required. 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. 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 internal distribution as requested. The Construction Project Manager shall approve all notices, newsletters, brochures, responses to news media, etc., prior to release. Protect Journal CIP Contract No. 09-1306 17 PROFESSIONAL SERVICES AGREEMENT 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. A2.05 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). Plant Inspection & Material Sampling The Consultant and/or the Consultant's lab will perform plant inspection and sampling of materials and components at remote locations (from the vicinity of the project) in accordance with the applicable requirements. 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. 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. 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. A2.06 Verification Inspection Services The Consultant shall monitor the Contractor's 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. 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 Solis 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. ClP Contract No. 09-1306 18 PROFESSIONAL SERVICES AGREEMENT 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. Prolect Meetings 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. Stored Material/Equipment Review Review stored materials and/or equipment for quantity and quality verification for Contractor 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. Protect 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. 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. 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 10 authorized parties. 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. Notification of Accident Damage/Inlury Document any 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. Contract Interpretations and Modifications Receive, log and coordinate reviews and responses to Contractor's Requests For Information/Interpretations (RFI'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. 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 ail Change Proposal Requests and Change Orders. Review as -recorded drawings to verify changes In work are reflected as applicable. GIP Contract No. 09-1306 19 PROFESSIONAL SERVICES AGREEMENT Review pay requests to verify Change Order items are broken out and that payment is not made until work is complete. 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. 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 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. Work Change Directives Issue Work Change Directives (WCD), as required, to authorize change 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. 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. 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. 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. 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 all 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. 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 inspection. Review progress of corrective action on punch list items, periodically updates, 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). Document Protect Warranties Furnish written notification 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. Final Completion CIP Contract No. 09-1306 20 PROFESSIONAL SERVICES AGREEMENT 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. Final Payment 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 Contractor's Certification or Affidavits. Process and sign Final Application for Payment. Prepare transmittal letter indicating recommendation for Final Payment. A2.5.20 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. A2.07 Consultants Safety Program Individuals designated by the Consultant for the Project should have appropriate level of safety training for their assigned duties. A2.08 Personnel A2.08.1 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 assignmentunder this scope of work. Unless otherwise agreed by the City of Miami, the City will not compensate straight overtime or premium overtime. A2.08.2Consultants Safety Program Individuals designated by the Consultant for the project should have appropriate level of safety training for their assigned duties. A2,08.3Personnel 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. CEO Pro/ect ManatierlAdmfnlstrator. A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which Involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or CIP Contract No. 09-1306 21 PROFESSIOid.aL SERVICES AGREEMEN more support staff (Office Manager, Compliance Officer, and Secretary) and must have been directly responsible for all CEI services assigned. Receives general instructions regarding assignments and Is expected 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. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: • FDOT Advanced MOT • Pass the CTQP examination covering the training video "Grouting of Bridge Post tensioning Tendons" (If applicable) • CTQP Final Estimates Level II Certifications: • SSPC course: C-3 Supervisor/Competent Person Training for Deleading of Industrial Structures (If applicable) Other: • Attend CTQP Quality Control Manager Course and pass the examination. • A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEO Senior Protect Engineer: High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures. Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. Must have the following: Qualifications: • CTQP Concrete Field Inspector Level I a CTQP Asphalt Roadway Level I • CTQP Earthwork Construction Inspection Level l • CTQP Earthwork Construction Inspection Level II • FDOT Advanced MOT • CTQP Final Estimates Level II Certifications: • Nuclear Radiation Safety CEO Inspectors: High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been In bridge and/or roadway construction inspection, plus the following: Qualifications: CIP Contract No. 09-1306 22 PROFESSIONAL SERVICES AGREEMENT • CTQP Concrete Field Inspector Level I • CTQP Asphalt Roadway Level I • CTQP Earthwork Construction Inspection Level I • CTQP Final Estimates Level 1 • FDOT Intermediate MOT Certifications: • Nuclear Radiation Safety Or a Civil Engineering degree with the ability to earn additional required qualifications within one year. (Note: Engineer Intern classification requires E.I.T. certificate.) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector or Engineer Intern. Exceptions will be permitted on a case -by -case basis so long as qualifications and certifications are appropriate for specific inspection duties. A2.09 TIME FRAMES FOR COMPLETION Work shall commence at the same time as commencement of the construction work and shall be finished upon final acceptance of the construction work. CIP Contract No. 09-1306 23 PROFESSIONAL SERVICES AGREEMENT ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Section B3.06. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Non -Threshold Inspection Services: Inspections not related to the structural integrity and durability of the structures. A3.02.2 Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-3 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted practice related to Threshold Inspection services. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade, Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant's various permanent offices and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office. A4.01-2 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of Consultant's part of the work, set forth in this Agreement. A4.01-3 Other: Items not indicated in Section 4.01 when authorized by the Program Manager. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT & SITE INFORMATION City, at its expense and insofar as performance under this Agreement will fumish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Plans & Specifications: City shall provide to the Consultant copies of the permitted plans and the specifications prepared by the Design Professional. A5.01-2 City's Standard Specifications for Road and Bridge Construction. A5.01-3 Copy of the Executed Construction Contract. ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT A6.01 Consultant shall provide as part of its Basic Services the following documentation and equipment, which shall be part of the Basic Services fee. CIP Contract No. 09-1306 24 PROFESSIONAL SERVICES AGREEMENT A6.01-1 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 all, FDOT documents, specifications, directives, procedures, and standard forms are available through the FDOT's intemet website. A6.01-2 Vehicles Vehicles used in the field by inspectors will be suitable for their intended purpose and will be equipped with appropriate safety equipment. Vehicles shall have the name and phone number of the consulting firm visibly displayed. A6.01-3 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 Assistants (PDAs), printers, and other related hardware will be provided by the Consultant. Such equipment Includes those non -consumable and non -expendable items, which 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 Consultant's 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. A6.01-4 Vehicles 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 FDOT's requirements. CIP Contract No. D9-1306 25 PROFESSIONAL SERVICES AGREEMENT SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION Antonio Piedra, P.E. Project Manager Felix Rodriguez Project Admin/Sr. Inspector Victor Diaz Inspector (NE 2nd Avenue- Segment B1) Eduardo Madan Inspector (NE 2nd Avenue- Segment C) Mario Vega Inspector (District 1-5) Aloudres Brunot Resident Compliance Specialist (RCS) CIP Contract No. 09-1306 26 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for the Project and 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, which may include not to exceed components (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 NOTE: The Lump Sum mariner of compensation is the preferred and primary form of compensation. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Section 2.03-1 as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. 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 fees and compensation payable under this Agreement shall be formulated and based upon the the certified negotiated Wage Rates. The Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the 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 architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged In the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.4 shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Should the Consultant have an approved multiplier with the State of Florida or Miami Dade County the City may elect to utilize of these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover Consultant employee benefits and Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, 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, CIP Contract No. 09-1306 27 PROFESSIONAL SERVICES AGREEMENT 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 Where the services for construction administration Services exceed the time frame established in the contractor's contract for completion of construction of the Project by more than ninety (90) days or where the Director determines that extenuation circumstances exist, the hourly rates depicted in Schedule B1, Certified Wage Rates, may be adjusted at the Consultant's request 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 index in effect at that time 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%) In any one year period. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined 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 clearly defined, quantified and calculated. 63.01-2 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. B3.01-5 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 Schedule A2. CIP Contract No. 09-1306 28 PROFESSIONAL SERVICES AGREEMENT B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1 Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where 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. B3.03-1(b) If the actual construction cost Is increased during the construction phase, the "Actual Construction Cost" shall 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. 133.03-2 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 accordingly, 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, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or 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 will 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. CIP Contract No. 09-1306 29 PROFESSIONAL SERVICES AGREEMENT 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 not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultant's Competitive Negotiation Act, and other applicable laws. B3.06-3 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. B3.0T 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 omissions of Consultant as determined by City. i33.08 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City far 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. Consultant shall utilize the City standard Consultant Invoice Form that will be provided to the Consultant by the Project Manager. B4.02FOR 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. B4.03BILLING — HOURLY RATE Invoices submitted by Consultant shall be sufficiently 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 all supporting data for payments made to and incurred by Sub - Consultants engaged an the Project. In addition to the invoice, the Consultant shall, for Hourly Rate CIP Contract No. 09-1300 30 PROFESSIONAL SERVICES AGREEMENT authorizations, submit a progress report giving 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 performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all • supporting data for payments made to or costs incurred by Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05DEDUCTIONS 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, Subconsultants, and Special Subconsultants in the interest of the Work for the purposes identified below: 85.01.1 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, Broward, and Palm Beach Counties. 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 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, taxl 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 will not be reimbursed. Meals and lodging expenses will not be reimbursed for temporarily relocating Consultant's 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. Govemmental lodging or meals will not be reimbursed that results from travel within Miami -Dade, Broward or Palm Beach Counties. B5.01-3 Communication Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mall between the Consultant's various permanent offices. The Consultant's field office at the Project site is not considered a permanent office. 85.01-4 Reproduction, Photography Cost of printing, reproduction or photography, which Is required by or of Consultant to deliver services, set forth in this Agreement. B5.01-5 Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be pald by the construction Contractor. CIP Contract No. 09-1306 31 PROFESSIONAL SERVICES AGREEMENT B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of ARTICLE B5 herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that Consultant's Agreements and/or Work Orders for existing or new Work include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. CIP Contract No. 09-1306 32 ATTACHMENT B - COMPENSATION SCHEDULE B1 - COMPENSATION SUMMARY Metric Engineering, Inc. Major Task and/or Activity Fee Amount NE 2nd Avenue- Segment B1 $62,220.00 NE 2nd Avenue- Segment C $332,829.60 District 1 $24,964.80 District 2 $24,475.20 District 3 $24,475.20 District 4 $24,964.80 District 5 $24,964.80 Total: $518,894.40 CIP Contract No. 09-1306 33 ATTACHMENT B - COMPENSATION SCHEDULE B2 - WAGE RATES SUMMARY Metric Engineering, Inc. NAME JOB CLASSIFICATION NEGOTIATED AVERAGE RATE ADJUSTED AVERAGE HOURLY RATHOURLY (2.4 MultiplierApplied) Antonio Piedra, P.E. Project Manager $66.00 $158.40 Felix Rodriguez Project Admin/Sr. Inspector $45.00 $108.00 Victor Diaz Inspector (NE 2nd Avenue - Segment B1) $19.00 $45.60 Eduardo Madan Inspector (NE 2nd Avenue - Segment C) $23.00 $55.20 Mario Vega Inspector (District 1-5) $21.00 $50.40 Aloudres Brunot Resident Compliance Specialist (RCS) $17.00 $40.80 CIP Contract No. 09-1306 34 ATTACHMENT C - FDOT, ARRA / FEDERAL REPORTING COMPLIANCE MATRIX CIP Contract No. 09-1306 35 Local Agency Program Compliance Matrix Area Activity Forms By When Required from Prime Contractor? Required from Subcontractors/Rental Agreements Over $10,000 T b °'Before.Awarding.the'Contract � _ s .- _ _ a _ . ._ ", . , GENERAL Include Required Federal Provisions FHWA Form 1273 Bld Documents YES YES Develop Nonsegregated Facilities Certification Create Certification Bid Documents YES YES Include Davis Bacon Wage Table Wage Table Bid Documents Local Agency Local Agency 9 - ° ,, • A °' ° F,reconstruction- eeting EEO Pre -construction meeting. (Discuss EEOIDBENVAGES/ OJT special provisions and contract requirements). NIA Prior to the start of construction, pre -construction conference (Pre -Con) is held with all pertinent project personnel in attendance. EEO/DBENVAGES/OJT special provisions and project submittal requirements should be discussed and included in Pre -Con meeting minutes. A separate meeting may be held with the Contractor after the official Pre -Con to go over these requirements in detail. Meeting minutes must be maintained and retained in project files. Local Agency Local Agency EEO Officer Identification Form 275-021 13 Prior to start of construction the forms from the Prime Contractor and all Subcontractor(s)/rental agreements over $10,000 must be submitted to the Equal Opportunity Office in Tallahassee. A signed copy must be maintained at the Prime Contractor's office, available for inspection by FDOT or FHWA upon request Local Agency must perform verification of this document. YES YES DBE Anticipated DBE Participation Statement Form 275-030-12 Initial submission at Pre -Con meeting or within 3 days after Pre - Con. Updated as DBEs are added or DBE contract dollars change. YES NO All compliance records are to be retained for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. Local Agency Program Compliance Matrix Area Activity Forms By When Required from Prime Contractor? Required from Subcontractors/Rental AgreeOver Agreements Over $10,000 `o, On -the J ob:Trarning,Evaivatiori Meeting a'= OJT OJT Post Pre -Construction Training Evaluation Meeting (on contracts of at least $1 million and 225 days) NIA Conducted no more than 30 days prior to beginning construction or at another date agreeable to attendees. Prime Contractors with contract of at least $1 million and 225 days Subcontractors enrolling and Instructing a Trainee should attend meeting. OJT Training Schedule (on contracts of at least $1 million and 225 days) Form 275-020-96 Due or developed at or within 10 days of the Training Evaluation Meeting. Schedule Revisions are due when events are missed by 14 or more days, the use of additional classifications is requested, or trainees terminate. Prime Contractors with contract of at least $1 million and 225 days NO OJT Proficiency Record and Proficiency Observation for each Training Classification on the OJT Schedule (on contracts of at least $1 million and 225 days) Form 275-021-01 Due or developed at or within 10 days of the Training Evaluation Meeting for each training classification listed on the Schedule. Proficiency statements for additional dassifcations accompany OJT Schedule Revisions. Observation request may be submitted based on trainee readiness and accumulation of at least minimum hours. Prime Contractors with contract of at least $1 million and 225 days Subcontractors enrolling and instructing a Trainee should provide to Prime Contractor for submittal to the Local Agency. Contractor Recruitment Program N/A Throughout the contract, comply with recruitment requirements when hiring construction workers. Submit all construction job openings to Workforce One. Include "EEO/AA' in all recruitment ads, Workforce One job postings, signs, etc. Identify and develop sources likely to refer qualified females for construction jobs and place ads in media with a large minority circulation. Keep records of all recruitments and maintain a log of all applicants (date, position applied for, name, race, sex, referral source, and outcome). Train all persons who are involved in recruitment in EEO. YES, Retain all records in prime's project files; do not submit. NO All compliance records are to be retained for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. Local Agency Program Compliance Matrix Area Activity Forms By When Required from Prime Contractor? Required from Subcontractors/Rental Agreements Over $10,000 ' Before Workers Are?Preseiit on the`Project' • • • EEO Approved EEO/AA Policy and Plan Company Letterhead Prior to start of construction, EEO/AA Policy must be adopted by the Prime Contractor and each Subcontractor, or rental agreement over $10,000. A signed copy must be maintained at the Prime Contractor's office and made available for inspection from Local Agency, FDOT or FHWA. Local Agency may request a copy as verification of adoption and retain in their files. YES YES Supervisory and Office Personnel EEO Meetings Form 275-021-05 Initial Meeting prior to first day of work. Subsequent meetings at 6-month intervals; new appointees within 30 days. Form must be maintained at Prime Contractor's office and be made available upon request for Compliance Review. Local Agency may request submittal of meeting minutes as verification of compliance. YES YES Project Personnel EEO Meeting (EEO Information to Project Personnel) Form 275-021-06 Within 30 days of first day of work, and subsequent meeting every 6 months. EEO Policy and Procedures will be brought to the attention of employees by means of meetings, employee handbooks or other appropriate means. Verification of compliance may be requested by the Local Agency. YES YES Company Wide EEO Report Form 275-021-07 Submitted upon request YES YES Job Site Bulletin Board Form 275-021-10 In place on or before workers first appear on the project; removed when workers are no longer on the project. At minimum, quarterly inspections are performed by Local Agency to ensure accurate and readable information available. Obtain standard posters from FDOT EEO Website; Complete and maintain throughout the project EEO Officers Poster (EEO officers of Prime Contractor and all YES YES, Board includes Subcontractors EEO Officer information. Subcontractors) and Additional Wage Decisions; eight (8) standard posters: EEO is the Law, Florida Law prohibits Discrimination, Important Wage Rate Information - Federal Aid Highway Project, Notice, Family and Medical Leave, OSHA Safe and Healthful Work Place, Employee Polygraph Protection, Wage Determination Appeals; three (3) project -specific posters: Projects Wage Decision (htipJMrovw.dotstatefl.usIconstructionNVaae.shtm), EEO Officers (FDOT Form 275-020-28), Additional Wage Decisions (FDOT Form 700-010-67) All compliance records are to be retained for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. Local Agency Program Compliance Matrix Area Activity Forms • By When Required from Prime Contractor? Required from Subcontractors/Rental Agreements Over $10,000 EEO Notification of Temporary Employment Agency Form 275-021-15 Submitted to Local Agency before the first Temporary Employment Agency worker Is present on the project. YES YES Subcontractors Subcontractors Approved Certification of Sublet Work Form 700-010-36 Prime Contractor must have approved sublets of all Subcontractors prior to any Subcontractor perfomiing work regardless of the dollar amount or Tier Level. Form must be kept in Protect Administrator file until the project has been final accepted. Updated throughout the project as considered necessary. YES NO Subcontractors Notice of Rental Agreements Form 700-010-11 Prime Contractors request for approval to have rented equipment on project. Denotes equipment with or without Operators and defines dollar amount as greater than or less than $10,000. Farms submitted during project as additional Subcontractors are used. YES NO Beginning -of the Project DBE Local Agency access to B'izweb The Prime Contractor must contact FDOT Service Desk 1-866- 955 HELP (4357) or via email at FDOT.ServiceDesk@dotstate.fl.us to obtain a userid/password. You will need to provide.the FEIN of the Local Agency. . YES NO ° Uuring.the Project DBE Actual payments to DBEs and other Subcontractor(s) BizWeb Monthly entry of payments to DBEs in BizWeb. YES NO Commercially Useful Function Form 275-021-18 Used to interview DBEs to determine if they are providing a commercially useful function on the project. Interview each DBE Subcontractor at some point while active on project. Local Agency/YES NO EEC Annual July EEO Report Form 275-021-08 Submitted on all Federal Aid Projects active during the month of July of each year. Due on August 20_ YES YES PAYROLLSNVAGES Certified Annotated Payrolls (includes race and gender) Form 700-010-69 F Computerized Due 7 days after regular payday for each week in which any contract work is performed. YES YES All compliance records are to be retained for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. Local Agency Program Compliance Matrix Area Activity Forms By When Required from Prime Contractor? Required from SubcontractorslRental Agreements Over $10,000 PAYROLLS/WAGES Additional Classification Request Form 700-010-07 Local Agency submits request by email to Idrn.smithCa�dotstate.fl.us YES YES or U.S. mail to Kim Smith, FDOT State Construction Office, MS 31, 605 Suwannee St, Tallahassee, FL 32399-0450 District Contract Compliance Manager/LAP Administrator must be copied on the correspondence. Deduction Authorization Being Developed Required to be on file prior to making the first deduction. YES YES Notification of Payroll Violation submittal Form 700-010-59 Corrections are due within 20 calendar days following receipt of payroll violation notification by Local Agency. YES YES EEO Trucker Interview Form 700-010-61 Conducted by Local Agency as needed. YES YES Labor/EEO Compliance Interview of craft and laborer workers Form 700-010-63 Conducted by Local Agency each month. Number of interviews conducted should be in accordance with Table 2 of LAP Compliance Handbook based on contract dollar amount YES YES OJT OJT Trainee Enrollment and Notice of Personnel Action Form 275-020-08 Submittal within l days of proposed effective date on OJT Schedule. Request to graduate issued once minimum hours are accumulated and satisfactory observation occurs. YES Subcontractors enrolling and instructing a Trainee OJT Trainee Interview Form 275-021-02 Conducted by Local Agency to record information regarding an enrollee's previous work experience and training. Due along with OJT Trainee Enrollment and Notice of Personnel Action when trainee is first enrolled. YES Subcontractors enrolling and instructing a Trainee OJT Daily Weekly Training Report Form 275-021-12 Completed by Project Inspector and Contractor Supervisor who are on the job observing the trainee on a daily basis. The report is due every week to Local Agency. YES Subcontractors enrolling and instructing a Trainee OJT Trainee Monthly Time Report Varies with each trainin classificationenrollment Due on the 10th of each month for each month following of the trainee up to graduation of trainee. YES Subcontractors enrolling and instructing a Trainee INVOICING Certification Disbursement of Previous Periodic Payment to Subcontractors Form 700-010-38 Contractor's certification that all Subcontractors, except those indicated, have been paid their pro rata share of all previous periodic payments made to date by the Department through the Local Agency to the Contractor is submitted with each invoice. YES NO All compliance records are to be retained for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. Local Agency Program Compliance Matrix Area Activity Forms By When Required from Prime Contractor? Required from SubcontractorslRerrtal Agreements Over $10,000 INVOICING Construction Compliance with Specifications and Plans Form 700-020-02 Contractor's certification that all Items built within the month comply with the plans and specifications. Any exceptions are noted and remain on form until end of protect New Items are added monthly as necessary. YES NO Certification Compliance with EEO Provisions Form 700-011-13 Certifies that Prime Contractor and all Subcontractor(s) have complied or not with the EEO provisions of FHWA 1273, Section II and Section III. Due with each invoice. YES NO All compliance records are to be retained. for 5 years following project completion; however, "Sealed Final "As -Built" Plans will be retained permanently. CONSULTANT WORK ORDER PROPOSAL Dear Mr. Aluko: METRIC ENGINEERING Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "NE 2nd Avenue Reconstruction Segment B1", B- 78508 , pursuant to its Professional Service Agreement with the City of Miami for CEO services, dated I. GENERAL Metric Engineering, Inc. proposes to provide Construction Engineering and Observation for management of the NE 2nd Avenue Reconstruction Segment BI Project, pursuant to ifs Professional Services Agree n Dial the City of Miami for Construction, Engineering Observation Services dated1 II. SCOPE OF WORK A. Task 1 — Pre -construction Services 1. Project Layout and Constructability Review — Ensure that the project can be built as designed and, if not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings — Preconstruction, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals — Schedule, Permits, Quality Control Plan. B. Task 2 — Construction 1. Engineering Observation - Ensure compliance with plans and specifications. 2. Documentation — Document contractor's activities, review shop drawings, RFis, change orders, contractor and CEO invoices. 3. EEO Compliance — Ensure that ARRAJEEO .reporting requirements are being met and the proper documentation submitted prior to progress payments. 4. Project Coordination — Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final. Acceptance -Coordinate inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment — Process final payment and assist City of Miami with documentation for reimbursement. 4. EEO Certification — Certify that all EEO requirements have been met and supporting documentation Is complete, at hand and filed. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name None Specialty or Expertise IV. SCHEDULE OF WORK— TIME OF PERFORMANCE �Coon�,s}ullta�nt shallsubmitthe Deliverables and perform the Work as depicted in the tables below M.Mr .�' t�Str��uinlT, FC 3 lift"VdLW" tas Design' Suite 200 - CFA: Suite 107 Phony:1305) 235-SO9"a - Fars 005) 251 5 4 Acct:& Per.onn<&rar!(305`235-5271 % savr.metriteng.carn j SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity iD # Major Task, Sub -Task, Activity, or Deliverable Duration (specify we or calendar days) Delivery Date* (cumulative w>ers, or calendar days) _ 1.1 Project Layout and Constructabllity Review 114 CD NTP + 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting 3 CD NTP + 30 CD 1.3 Pre -construction Submittal Review 30 CD NTP + 30 CD 2.1 Engineering and Observation 150 CD NTP + 150 CD 2.2 Construction Documentation 150 CD NTP + 150 CD 2.3 EEO Compliance 150 CD NTP + 150 CD 2.4 Project Coordination 150 CD NTP + 150 CD 3.1 Final Acceptance 30 CD NTP + 150 CD 3.2 Project Documentation 5 CD NTP + 150 CD 3.3 Final Payment Processing 1 CD NTP + 150 CD 3.4 EEO Certification 5 CD NTP + 150 CD * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. 1. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Sixty- two-throusand-two-hundred-twenty dollars and zero cents (.$62,220.00). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Said Reimbursable Expenses sl-,':.i be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity iD # Major Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre -construction $1,363.20 Lump Surr 2 Construction $54,362.40 Lump Sum 3 Post -construction $2,496.00 Lump Sum 2.3 EEO Compliance $3,345.60 Lump Sum 3.4 EEO Certification $652.80 Lump Sum Subtotal — Professional Fees $62,220.00 Lump Sum Allowance for Reimbursable Expenses c, v‘i✓ TOTAL $62,220;00 Lump Sum *Note: Compensation should match the Task, Activities, andlor Deliverables identified II. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: ill. DATA PROVIDED BY CITY March 24, 2010 WORK ORDER PROPOSAL Page 3 The following information or documents are to be provided by the City: VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Antonio Piedra, P.E. Submitted by: Anton! Approved by: rector Capital Improvements Program Form 116 Revised 9/16MOB ESTIMATE OF WORK EFFORT AND COST -PRIME CONSULTANT sct NE 2nd Avenue Reconstruction Segment B1 act No.: E. 78508 Description: CEO Services for NE 2nd Avenue roadway reconstruction from 38th Street to 42 Street Consultant Name: Metric Engineering Ina Contract No.: Date: 4/7/2010 Estimator: Antonio Piedra STAFF CLASSIFICATION Job ctasstflcation Staff Applicable Rater Project Manager Antonio Piedra, P.E Rate: $66.00 Project Admin/SI Felts Rodriguez Rate: $45.0d' .Inspector Victor Diaz Rate: '':.: $19.00 • Inspector Rate: CS Aloudres Brunet Rate: 617.00 Rate: Rate: Staff Hour By Activity Salary Cost By Activity Average Rate Per T ask Work Activity Man hours Coal Activity Man hours Cost/ Adrvay Man I Cost/ Activity hours Man hours Cost/ ActMty Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity 'reconstruction phase 2 $132 8 $380 4 1 $76 8 22 5704 $32.00 :onsbuction phase 20 $1,320 257 $11,565 514 $9,766 74 $1,258 865 S23.909 `27.64 'ost construction phase 8 5528 8 $380 8 5152 16 5272 40 $1,312 $3280 Total Staff Hours 30 273 526 98 927 - Tota/ Staff Cost • $1,980.00 972,285.0D $9,994.00 51,686,00 $20,928.10 627.97 Total % of Work by Position 3.2% 29.4% 56.7% ESTIMATE OF SURVEY CREW COSTS _ 3 - man Survey Crew: crew days at / day = $ 4 - man Survey Crew. crew days at / day e $ Votes: . This sheet Is to be used by Prime Consultant to calculate the Grand Total Fee. 2 Manually enter fee from each subcorisulmnt Unused subeonsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Harr Estimation Handbook. !Want CJP. Fenn 117: Ra4ndansroe 10.6% 1 - SUBTOTAL ESTIMATED FEE Subconsultent Suboonsultant Subconsullant Subconsulutnt Subconsuftant 2 - SUBTOTAL ESTIMATED FEE Geoteahnloal Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description a - SUBTOTAL ESTIMATED FEE Additional Services (Allowance) Ralmbursables (AOowance) GRAND TOTAL ESTIMATED FEE: (multiplier 2.4) $62,220 $82,220 $62,220 562,220 CONSULTANT WORK ORDER PROPOSAL Dear Mr. Aluko: [T ETRIt ENGINEERING Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "NE 2nd Avenue Reconstruction Segment C", B-78508 `, pursuant to its Professional Service Agreement with the City of Miami for CEO services, dated I. GENERAL Metric Engineering, Inc. proposes to provide Construction Engineering and Observation for management of the NE 2nd Avenue Reconstruction Segment C Project, pursuant to its Professional Services Agreemntl with the City of Miami for Construction, Engineering Observation Services dated 1I. SCOPE OF WORK A. Task 1 — Pre -construction Services 1. Project Layout and Constructabllity Review — Ensure that the project can be built as designed and, If not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings — Preconstruction, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals — Schedule, Permits, Quality Control Plan. B. Task 2 — Construction 1. Engineering Observation - Ensure compliance with plans and specifications. • 2. Documentation — Document contractor's activities, review shop drawings, RFIs, change orders, contractor and CEO invoices. 3. EEO Compliance — Ensure that ARRA/EEO reporting requirements are being met and the proper documentation submitted prior to progress payments. 4. Project Coordination — Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate Inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment — Process final payment and assist City of Miami with documentation for reimbursement. 4. EEO Certification — Certify that all EEO requirements have been met and supporting documentation is complete, at hand and filed. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist In the performance of the Work. Sub -Consultant Name None Specialty or Expertise IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables arid perform the Work as depicted in the tables below Design: Suite 200- CEI: Suite 107 Phone: (305) 235-509S - Fax (305) 251-5394 Acct. &Personnel Fax: (305) 235-5271 www.metriceng.com March 24, 2010 WORK ORDER PROPOSAL Page 2 I SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date' (cumulative weeks, or calendar days) 1,1 Project Layout and Constructability Review 14 CD NTP + 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting 3 CD NTP + 30 CD 1.3 Pre -construction Submittal Review 30 CD NTP + 30 CD 2.1 Engineering and Observation 365 CD NTP + 365 CD 2.2 Construction Documentation 365 CD NTP + 365 CD 2.3 EEO Compliance 365 CD NTP + 365 CD 2.4 Project Coordination 365 CD NTP + 365 CD 3.1 Final Acceptance 30 CD NTP + 335 CD 3.2 Project Documentation 5 CD NTP + 365 CD 3.3 Final Payment Processing 1 CD NTP + 365 CD 3.4 EEO Certification 5 CD NTP + 365-CD • An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Three - hundred -forty -seven -thousand -eight -hundred -twenty-nine dollars and Sixty cents ($347;829:60). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Fifteen -Thousand dollars ($15,000.00). Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION" Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre -construction $3,878.40 Lump Sum 2 Construction $292,245.60 Lump Sum 3 Post -construction $6,432.00 Lump Sum 2.3 EEO Compliance $28,641.60 Lump Sum 3.4 EEO Certification $1,632.00 Lump Sum Subtotal — Professional Fees $332,829.60 Lump Sum Allowance for Reimbursable Expenses $15,000,00 Limiting Amount G.vJ 7" TOTAL $347;829.60 Lump Sum *Note: Compensation should match the Task, Activities, and/or Deliverables identified VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are riot included in our basic services: VII. DATA PROVIDED BY CITY March 24, 2010 WORK ORDER PROPOSAL Page 3 The following information or documents are to be provided by the City: VIII. PROJECT MANAGER CONSULTANT'S •roject.Ma��na•errf�fPrthis Work Order assignment will be Antonio Piedra, P.E. Submitted by: Anbr" s'"""��. Approved by: Antonio , P.E. .JIr ri,rr. s Director Capital Improvements Program Form 116 Revised 9/16/08 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT act NE 2nd Avenue Reconstruction Segment C eet No.: B- 78588 Description: CEO Services for NE 2nd Avenue roadway reconstruction from 57th Street to 09 Street Consultant Name: Metric Engineering Contrail No.; Date: 417/2010 Estimator. Antonio Piedra STAFF OLASSIFICATION Job C a -,. — i on Sta - Applicable - : = Project Manager Antonio Plectra, P.E Rate: $66.00 Project • mtn/S1 Felix Rodriguez Rate: $45.0er Inspector Eduardo Madan R9je:. L $23.00 RCS Aloudres Brunot Rate: 517.00 Rata: Rate: Rate: staff Hours By Activity Salary Cost By Activity Average Rate Per Task Work Activity Man hours Cost/Activgy Man hours Cost/pctivRy Mari 1Cost/Activity hours Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Preoonstrudionphase 8 $528 18 $720 16 I $368 40 $680 80 $2,296 $28.70 Construction phase 167 311,022 1,217 $54,765 2,434 555.982 662 $11,254 4,480 $133,023 $29.69 Post construction phase I 20 $1,320 20 5900 20 3460 40 S680 100 $3,360 333.60 I I i I Total Staff Moues 195 1253 2470 742 4,660 TotalStaff Cost $12,870.00 $56,385.00 356,810.00 $12,614.00 3138,678.00 328.76 Total -, of Work by Position 4.2% 26,9% 53.0% ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew crew days at 4 - man Survey Craw crew days at / day = S /day = $ Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually entertee from each subconsultant Unused subconwttant rows may be hidden 3. The basis for wart activity descriptions shall bathe FICEJFDOT Standard Scope and Staff Hour Estimation Handbook rrahmt CJP. Ram t17: Revlr.4Bn9Poe 15.9% 1 - SUBTOTAL ESTIMATED FEE (multiplier 2.4) Submnaultrmt Subcormultant Subcvnsultant Subwnsultant Suboonsultant 2 - SUBTOTAL ESTIMATED FEE: Gectechnirai Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE Additional Services (Allowance) Relmbursebles (Allowance) GRAND TOTAL ESTIMATED FEE: $332,829 $332,829 $ 8332,829 $15,000 $347,829 CONSULTANT WORK ORDER PROPOSAL Dear Mr. Aluko: METRIC ENGINEERING; Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "Clty of Miami District 1 ADA and Sidewalk itnprovements", tursuant to its Professional Service Agreement with the City of Miami tor CEO services, dated 41 � . I. GENERAL Metric Engineering, inc. proposes to provide Construction Engineering and Observation for management of the NE City of Miami District 1 ADA and Sidewalk Improvements Project, pursuant to its Professional Services Agra.. ent with the City of Miami for Construction, Engineering Observation Services dated 9(1(10 II. SCOPE OF WORK A. Task 1 - Pre -construction Services 1. Project Layout and Constructability Review - Ensure that the project can be built as designed and, if not, coordinate with the FOR to minimized delays and post overruns. 2. Coordinate Meetings - Preconstruction, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals - Schedule, Permits, Quality Control Plan. B. Task 2 - Construction 1. Engineering Observation - Ensure compliance with plans and specifications. 2. Documentation - Docutnent contractor's activities, review shop drawing, RFIs, change orders, contractor and CEO invoices. 3. EEO Compliance - Ensure that ARRA/EEO reporting requirements are being met and the proper documentation submitted prior to progress payments. 4. Project Coordination - Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents.• 3. Final Payment - Process final payment.. and assist City of Miami with documentation for reimbursement. 4. EEO Certification - Certify that all EEO requirements have been met and supporting documentation Is complete, at hand and filed. III. SUB -CONSULTANTS The below listed Sub -Consul Sub -Consultant Name None ants will assist in the performance of the Work. Specialty or Expertise IV. SCHEDULE OF WORK - TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below (additional pages may bo addeci as needed) METRIC PLAZA • CCIRPCI4i1TE N£ATIQ UARTERO' ! 39.40 S.W. 136 STREET. MIAMI, FL 301 Ei6 0E3,(51-4: SUITE 200 - 0E0 6llrre 10'7 171:-4114E: i3051 235-5098 - FAx: (36rii 251-5E194 ACC-1. & Pe4So))3rL, FA l: 13051 '235-S.2:' 1 l•. W W L-WIRICENS. Ct]M April 9, 2010 WORK ORDER PROPOSAL Page 2 SCHEDULE OF DELIVERABLES Task, Sub -teak, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks of calendar days) Delivery Date' (cumulative weeks, or calendar gays) 1.1 Project Layout and Constructability Review 14 CD NTP + 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting 2 CD NTP + 14 CD 1.3 Pre -construction Submittal Review 1 CD NTP + 14 CD 2.1 Engineering and Observation 30 CD NTP + 30 CD 2.2 Construction Documentation 30 CD NTP + 30 CD 2,3 EEO Compliance 30 CD NTP + 30 CD 2.4 Project Coordination 30 CD NTP + 30 CD 3,1 Final Acceptance 30 CD NTP +30 CD 3,2 Project Documentation 1 CD NTP + 30 Co 3.3 Final Payment Processing 1 CD NTP + 30 CD 3.4 EEO Certification 2 CD NTP + 30 CD • An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Twenty - Four -Thousand -Nine -Hundred -Sixty -Four dollars and Eighty cents ($24,964.80). The City shall not be liable for any lee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Sad Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Bub - task, or AcUvtty iD if Major Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre -construction $792.00 Lump Sum 2 Construction $20,952.00 Lump Sum 3 Post -construction $1,425.60 Lump Sum 2.3 EEO Compliance $1,468,80 Liu p Sum 3.4 EEO Certification $326.40 Lump Sum Subtotal — Professional Fees •$24,964,80 Lump Sum Allowance for Reimbursable Expenses $0.00 Limiting Amount TOTAL $24,964.80 Lump Sum "Note: Compensation should snatch the Task, Activities, and/or Deliverables Identified VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not Included In our basic services: April 9, 2010 WORK ORDER PROPOSAL Page 3 VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: Plans, Construction Contract, Schedule of Values VIII. PROJECT MANAGER CONSULTANTS Project Manager for this Work Order assignment will be Antonio Piedra, P.E. Submitted by: Antonio P Approved by: o, Di ector C=_t7 provements Program Fonn 118 vis • er16r08 REvr&-w`0-1,9 2 Construction phase - •-- • - 3 Post construction phase _ • _ . . 1 • Scoff' Antonio Piedra. P.E. Felix Rodriguez I Mario Vega I Aloudres Brunot , I I ; Applicable Rate' Rate: $66.00 Rate: $45.00 I Hate: Sii.00 ; ;tate: $17.00 I Rate: Rate: I Rate: I BY Cost By Rate Per . --r— -, •I 11.1.4.16161171..108193.1111162.211201.3 .40.1 ' hours I hours Cost! Activity I Cost,' Activity' hours Cost/ Activay, I Cost/ Activity Cost/ Activity' I Cost" Activity I Activity hours , hours hours. i hours ' Activity Task Work Activity 'Cosy Activity Man Man . , Man i Man Man Man ' 1 Preconstruction phase 91.1.1.21n120611.131130/1110011131.11101.1131161111161.1141Mal..11511Rtral Mr1,1,61..r..91.15.3,11•1110119:11 .414.0.11.........m= mu, cerci„ kaa...n.ranzarnamoonienteameaceose 11:61.-912.11•SIOPTIMIrtillairm+maermineuarr nrrnr,m.nrtte.r.mrlerescemanclonewremuYamonron•a+MYWORIPITI1.1....L....—..,,,,,,, I 1 L Sae I 4 , $180 , 4 I $84 1 4 MB , I_ 1 13 S390 S30.62 ' 12 1 5792 I 70 1 $3,150 1- 228 i $4•788 1 32 .$544 I i I 342 , 597.4 • • . _. 527.12.. 4 •• _ ____ • 5 • . . • ._.- 6 7 0 2 3 4 _ . 5 8 7 5 9 0 3 4, 5 5 7 1 . .... I. r - - +- _ I . .. I_ , ir • - -1- T..- T. ,_ i 1 ir r- ' 4 ..1-- -- -1.----- . i I[ t .1 f 1 1-- •.=.1=1.0411,11).101,14....100121.1.111/1111.111.1.01...1.16.1IIM . . . . Total Staff Coat $924.00 6Q0 00 . . . . $5.040.00 ,6;",- S. 7. 48:6° WbTfO.3 $3 , 25 $730 $29.20 I • • _•_ • __ .1 etsoveroal acrcenevevetelockrtaramessra,craortrmar:ecmanasen oseselomnaeyen weammt.remensys. rstmant.r...4 Total Staff Hours 14 82 240 1 44 ESTIMATE OF SURVEY CREW COSTS 3- man survey Cnsw: crew days at 4 - man Survey crew: crew days at ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Gansu'hint Name: Metric Engineering Contract No,: .oject: City of Miami District 1 ADA and sidewalk improvements Dew 4/8/2010 ioject No.: B- Description: CEO Services for ctiywtde ADA and sidewWk improvements (Bistrict 1) • Estimator Antonio Piedra - - • . . . . STAFF CLASSIFICATION / day = $ 1 1 clay $ - f Notes: 1. This sheet is to be used by Prtrne Consultant to calculate 815 Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shell be the FICE/FDOT Standard Scope and Staff Hots' Earmaiion Handbook al e0. 3 P Fortn 111- Ronald 151595 rar.tx -I-- I1 , I 1 , t 4 calawaz.4.4-nurauti moturstartsxn.artictranrc-,:124,4...-- . no - -14. 3,1,1111Ct %WM'. • . . urr+414-4.1r4v11.- um 41,44,,tr.m.41+.441.1,,,,,,,,z, 380 '' 1.-- • • S10,402.00 $27.37 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.41 Subconsultant: Subconsultant: Subconeuttant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing. Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (A(lowance) RelmbursabHs (Allowance) GRAND TOTAL ESTIMATED FEE: .$24.664 $24 964 $24 96. 624,584 Dear Mr. Aluko: CONSULTANT WORK ORDER PROPOSAL METRIC ENialNEERING Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "City of Miami District 2 ADA and Sidewalk Improvements", ursuant to its Professional Service Agreement with the City of Miami for CEO services, dated tt 1 �10 . I. GENERAL Metric Engineering, Inc. proposes to provide Construction Engineering and Observation for management of the NE City of Miami District 2 ADA and Sidewalk Improvements Project, pursuant to its Professional Services A r er ent with the City of Miami for Construction, Engineering Observation Services dated ! ! (0 . 11. SCOPE OF WORK A. Task 1 - Pre -construction Services 1. Project Layout and Constructability Review - Ensure that the project can be built as designed and, if not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings - Preconstruction, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals - Schedule, Permits, Quality Control Plan. B. Task 2 - Construction 1. Engineering Observation - Ensure compliance with plans and specifications. 2. Documentation - Document contractor's activities, review shop drawings, RFIs, change orders, contractor and CEO invoices. 3. EEO Compliance - Ensure that ARRAJEEO reporting requirements ere being met and the proper documentation submitted prior to progress payments. 4. Project Coordination - Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment — Process final payment..and assist City of Miami with documentation for reimbursement. 4. EEO Certification - Certify that all EEO requirements have been met and supporting documentation Is complete, at hand and filed. 1I1. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the petlormance of the Work. Sub -Consultant Name Specialty or Expertise None IV. SCHEDULE OF WORK - TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below (additional pesos may be added es needed) METRIC PLAZA • CORPORATE Hr.ADC.1uAI1TERe 1 34 C1 S.W. 136 STRzET. MIAhn, FL 331 E)C-) OE3.GH: SUITE on • 0E1: SUJTE 107 PHONE: t3051 235-SU476 - FAX: 131351 5+•5E14n ACCT. & PER}CNNEL FAX: 13015) 5'%.71 WWW. M E 1R ICEN@.COM April 9, 2010 WORK ORDER PROPOSAL Page 2 i SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID ti Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative wseks, or caiendarclays) NTP + 14 CD 1.1 Project Layout and Constructability Review 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting . 2 CD NTP + 14 CD 1.3 Pre -construction Submittal Review 1 CD NTP + 14 CD 2.1 Engineering and Observation 30 CD NTP + 30 CD 2.2 Construction Documentation 30 CD NTP + 30 CD 2.3 EEO Compliance 30 CD NTP + 30 CD 2.4 Project Coordination 30 CD NTP + 30 CD 3.1 Final Acceptance 30 CD NTP + 30 CD 3.2 Project Documentation 1 CD NTP + 30 CD 3.3 Final Payment Processing 1 CD NTP + 30 CD 3.4 EEO Certification 2 CD NTP + 30 CO An updated schedule, indicating actual delivery dates, based on the above durations, will be provided tothe City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Twenty - Four -Thousand -Four -Hundred -Seventy -Five dollars and Twenty cents ($24,475.20). The City,r. shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Said Reimbursable Expenses shall be used In accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061, SUMMARY OF COMPENSA iiON* Teak, Sub- task, or Activity to it Major Task Name and/or Activity Description Fee amount Fee Basis 1 Pre -construction $792.00 Lump Sum 2 Construction $20,952.00 Lump Sum 3 Post -construction $1,425.60 Lump Sum 2.3 EEO Compliance $979,20 Lump Sum 3.4 EEO Certification $326.40 Lump Sum Subtotal — Professional Fees $24,476.20 Lump Sum Allowance for Rembursable Expenses $0.00 Limiting Amount TOTAL $24,475,20 Lump Sum *Note: Compensation should match the Task, Activities, and/or Deliverables Identified VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utlllzed.at the sole discretion of the City. The following services are not included In our basic services: April 9, 2010 WORK ORDER PROPOSAL Page 3 VII. DATA PROVIDED BY CITY The following Information or documents are to be provided by the City: Plans, Construction Contract, Schedule of Values Vill. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Antonio Piedra, P.E. K \\OK4 1 Rewea/6 Submitted by- I .array Antonio Piedr Approved by: czar Capit.l Imp ovements Program Form 116 Rev ed 9 16/08 "1//9//v ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Metric Engineering Contract No.: teat City of Miami District 2 ADA and sidewalk improvements Date: 4/8/20f0 eat No.: 8-Description: COery ESnipes for citywide ADAand sidewalk Improvements (Disbict 2) . .: Esbmetor Antonio Pledre JOD(`lassificetionl Project Manager I�ProjectA�mlnl$i " inspaUor i RCS i I SteffHours:` Sa(ry Average Staff! Antonio Piedra, P.E. I Felix Rodriguez Mario Vega I Aloudres Brunot I , Applicable Rate] Rate: $66.00 1i((i Rate: ' :$46.00 Rate! $21.00 I Rate: $17.00 — Rate: Rate: ;Rate: 1 By Cost By kale Pe Walk Activity I Men Man 1 Man ;----- Man ' Man �j ' Man !.__....__....._._.__ Man .'=Illeartaximu._. __.._._._.. _ .. I � CosVActivRy CosUActhityli horns ;C05VActviN hours rCoSVAHivityl hers ICosUActivityI his ICost/ Adivity hours 1Cosl/Acivityy Activity Activity. Task . ........�....��.w....�...,.d..�b.�.., m ..$,.......d.....�I»� . . .8 , -, 1 m. �. =y = .n. ..�, ...e=,. ,n �,o,-,- , „m,.., stiy.zk �. .a .,Task PreconsUvction phase 1 I 3,86 �, 4 $1 BD 4 .$8A ._ 4 •,•,p,m•• SOB . j t • ,> $39R , . 530.6E I. ._.YTI Construction phase I 12 $792 I 70 $3,150 228 f $4.7 89 1 20 8340 I j - I 330 $907(! --I. $2$29.7.4R20 Postconsh8 $168 ; 8 $136 I 'LS $73C { T - -- 1 � j f :_ T I 1 I i- } -r-' 1 i - r -- I —} I i f .....�..,...>. Total Staff Hours ..®,. Total staff Cost $924.00 — ,.�......,, Totat % of Work by Position 3.8% - L _ T 14 ESTIMATE OF SURVEY CREW COSTS 3 - man Surrey Crew: crew days at 4 - man Survey Crew: ---- sew days at - 82 .... ��.1 24C STAFF CLASSIFICATION i I } ._I I � I i . _ - _—L —1— ._ . . .. } .. ...I •_ — •__— .. $3,690.00 $5,040.00 1 3544.00 22.304 652 ,....,.,,,,,..t,.,.e>—=— 8.7%-�..,<.„,.. /day = $ /day = 6 Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant Unused subconsultant rows may be hidden 3. The basis for work activity desalptons shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. of Numi• C I P. Pam 'Ili:. RbM.d 1105.98 I• I j 368 _,._.3 m.....,. ,,.,,..n.............>..,,....,..a.,,r,,,,�_> $10198.00. $27.71 1 -SUBTOTAL ESTIMATED FEE: Subconsultant: Subconsultent Subconsultant: Subconsultant: Subcnnsu/ant: 2 - SUBTOTAL ESTIMATED FEE: Geotechni0al Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: (multiplier 2.4) _.524147. 824.47 $24.47 CONSULTANT WORK ORDER PROPOSAL Dear Mr. Aluko: METRIC ENi5INEERING Metric Engineering, Inc. proposes to provide The services identified below for the project entitled "City of Miami District 3 ADA and Sidewalk improvements",��r{suant to its Professional Service Agreement with the City of Miami for CEO services, dated 9 It . I. GENERAL Metric Engineering, Inc, proposes to provide Construction Engineering and Observation for management of the NE City of Miami District 3 ADA and Sidewalk Improvements Project, pursuant to its Professional Services Agr,e�e,nnt with the City of Miami for Construction, Engineering Observation Services dated If. SCOPE OF WORK A. Task 1 — Pre -construction Services 1. Project Layout and Constructability Review — Ensure that the project can be built as designed and, If not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings — Preconstructlon, Public Involvement, Utility Coordination.. 3. Review Pre -construction Submittals — Schedule, Permits, Quality Control Plan, B. Task 2 — Construction 1. Engineering Observation - Ensure compliance with plans and specifications. 2. Documentation — Document contractor's activities, review shop drawings, RFis, change orders, contractor and CEO invoices. 3. EEO Compliance - Ensure that ARRA/EEO reporting requirements are being met and the proper documentation submitted prior to progress payments. 4. Project Coordination — Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate inspections and final acceptance...., 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment — Process final payment And assist City of Miami with documentation for reimbursement. 4. EEO Certification — Certify that all EEO requirements have been met and supporting documentation Is complete, at hand and flied. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist In the performance of the Work. Sub -Consultant Name Specialty or Expertise None IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant[�(Jshallllsubmit the Deliverables and perform the Work as depicted in the tables below M[TRIQt PLAZAAI PINURPDi5ATTeld-I 641,Z7 % 13940 B.W. 136 STREEr, MlAM1. FL 33113G DESIGN: Suns 200 - GE1: SUITE 1 07 Fl HCINE: (305) 235-509S • FAX: (:31J5( 251 •5f394 Acct. & rERsfiw.JEL. FAX: 43051 235,5271 www.M[7RI4EMG.cowi April 9, 2010 WORK ORDER PROPOSAL Page 2 SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date' (c,muMnim weeks, or celendar days) 1.1 Project Layout and Constructability Review 14 CD NTP + 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting 2 CD NTP + 14 CD 1.3 Pre -construction Submittal Review 1 CD NTP + 14 CD 2.1 Engineering and Observation 30 CD NTP + 30 CD 2.2 Construction Documentation 30 CD NTP + 30 CD 2.3 EEO Compliance 30 CD NTP + 30 CD 2.4 Project Coordination 30 CD NTP + 30 CD 3.1 Final Acceptance 30 CD NTP + 30 CD 3,2 Project Documentation 1 CD NTP + 30 CD 3.3 Final Payment Processing 1 CD NTP + 30 CD 3.4 EEO Certification 2 CD NTP + 30 CD "An updated schedule, indicating actual delivery dales, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed In this Proposal for a Total Lump Sum fee of Twenty - Four -Thousand -Four -Hundred -Seventy -Five dollars and Twenty cents ($24,475,20), The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the !imitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION' Tear Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Sash; 1 Pre -construction $782.00 Lump Sum 2 Construction $20,952.00 Lump Sum 3 Post -construction $1,425.80 Lump Sum 2.3 EEO Compliance $979.20 Lurnp Sum 3.4 EEO Certification $326,40 Lump Sum Subtotal — Professional Fees $24,475.20 Lump Sum Allowance for Reimbursable Expenses $0,00 Limiting Amount TOTAL $24,475.20 Lump Sum *Note: Compensation should match the Task, Activities, and/or Deliverables identified VI. ADDITIONAL SERVICES The City may establish en allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: April 9, 2010 WORK ORDER PROPOSAL Page 3 VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: Plans, Construction Contract, Schedule of Values VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this WWork Order assignment will be Antonio Piedra, P.E. Submitted by: /���� Antonio _�'....."`�' Approved by: rector Cap' provements Program Form 116 Re 9)16/08 Consultant Name: Metric Engineering Contract No.: 3roject City of Miami District 3 ADA and sidewalk improvements Date: 418/2010 rojact No.: 8- Description: CEO Service for citywide ADA end sidewalk improvements (District 3.). . - • - • -- — •• • Estimator: Antonio Piedra • • . - -- Job Ciasstl Project Admini& StaffAntonio Piedra, P.E. Felix Rodriguez Applicable Rat!! Rate: $813.08 Rate: ' Work Activity 1 houMen COW Activity 1 Mal ....—........---...--.— --....—...............2../....— ,I..11°T Cfs.tiActivi 2 Construction phase i 1 Rregonstruction phase .4 3180 — _1 12 3702 T-70 $3,150 3 Post conshuction phase- 1 1 8e6 --T 8 . 5360 4 5 6 7 8 9 10 11 12 13 14 , 4. - t ... ' Avera 1 ! Staff Hours I Salary Inspector J I Rate: S.:11.00 Rgte: $17.00 ---.- Man ; i By 1 Cost Fry Man Rate f lY. hours I Cost/ Activity Mal Cost/ Activity; hnirre 1 hours Cost/ Activity i MI an I Cost/Activity' . Costt Activity ; Activity ; Activity Tea i hours 1 - i 1 rmstausionwespurisn.u.sio..framet 111..1121M:11.711.111.1.01MIL1CMPIIIII. rher..n.tworrpmal ,. antaronsr.nsworaempr-m.t...1.....,..r:rtm=envo.merrt.,..st:trar.t.,,,erntolvoirlcresnamiarm...,trv,..,44...,..n.merannto I 228 , $4.788 f 20 S340 I; • _ _. • - ....... _ .... ... 527.4 S68 - I 530.6 8 S168 I Rate: !Rate: t 13 • $9.070 8 $136 • _ _ • .S710 529.2 330 . . 25 - ._L - t- I I _ , I . - -;--- [ . t. ._ 1 , ; --I-- , 1 1 ., _1---r---- — , I i 15 . _ r _ 16 17 I I ---r- . _ . ..4._ 19 . _J.. - --I. 20 • I I 21 22 _ I 1 _[ 1 1 23 T. i ... i —l-- 26 18 _ -t- ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT y .- • • _ ?7 ces.=..--traranaactosactoirrrecaramozr..mralarw=mgesterensmettneemsam..clacrewevem romommounme.tenamallunama.mtuon.bo .rtwo Total Staff Hours STAFF CLASSIFICATION Mark, Vega Aioudres Brunot • • - ; . . . , • t • f Total Staff Cost $924.00 $3.690.00 55 040.00 I 37F 5544 00 14 82 240 _ . -- --- Total % of Work by Position 3.8% 22.3%F '6734— 8.7% Rate: ESTIMATE OF SURVEY CREW COSTS 3 - Man Sutvey Crew: 4 - man Survey Crew: crew days at crew lays at I day = S f clay A S Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fes. 2. Manually enter fee from each subconsuitant Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standar4 Scope and Staff Hour Estimation Handbook. trAtmo. C 4.P. Fenn 117, Radzsaci 9/13/03 -pm -•- --t- • -1- I; ( c.........nuraraortneinir•acetariarn invinmemmrn, c:n.,,,,,,,,,nrirarm„ft,nrrtmarr,eminwrovn,um,nry-mrtmr•rt.,,,,11 n.131.J.11.5C 358 nmnim•mnuiaLretn-.7.,,,,n,r,•,,,mr:wgtoe,"1.1:nmkm z 11•.17:111:11011,11.",=, 6t0,198.n0 527 1 - SUBTOTAL. ESTIMATED FEE: imultIplier 2.41 Subconsultant: Subconsuitent Subconsultani: Subconsuitent Subconsultent: 2 - SUBTOTAL ESTIMATED FEE: GeOtechnical Field and Lab Testing. Survey Fee (or Survey Crew Fee): Other Mlsc. Fee: Enter Fee. Description 3. SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Relmnursables (Nlowanca) GRAND TOTAL ESTIMATED FEE: S24.4 524,4 $24 I 624,A 4 c CONSULTANT WORK ORDER PROPOSAL Dear Mr. Aluko: METRiC ENSINEERIN5 Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "City of Miami District 4 ADA and Sidewalk Improvements", pursuant to its Professional Service Agreement with the City of Miami for CEO services, dated Up . I. GENERAL Metric Engineering, inc. proposes to provide Construction Engineering and Observation for management of the NE City of Miami District 4 ADA and Sidewalk improvements Project, pursuant to its Professional Services Agr nt with the City of Miami for Construction, Engineering Observation Services dated Ii. SCOPE OF WORK A. Task 1 - Pre -construction Services 1. Project Layout and Constructability Review - Ensure that the project can be built as designed and, if not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings - Preconstruction, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals - Schedule, Permits, Quality Control Plan. B. Task 2 - Construction 1. Engineering Observation Ensure compliance with plans and specifications. 2. Documentation - Document contractor's activities, review shop drawings, RFIs, change orders, contractor and CEO invoices. 3. EEO Compliance - Ensure that ARRNEEO reporting requirements are being met and the proper documentation submitted prior to progress payments. 4. Project Coordination - Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment - Process final payment and assist City of Miami with documentation for reimbursement. 4. EEO Certification - Certify that all EEO requirements have been met and supporting documentation Is complete, at hand and filed. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the atrformance of the Work. Sub -Consultant Name Special or Expertise None IV. SCHEDULE OF WORK - TiME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below (additional pages may be added as needed) h4ETtalc PLAZA • CORPORATE HF_ADQUAF(TErdE 13940 S.W. 136 STREET. Miami. FL 331136 DESIGN: SU:TE 200'• 061: 1 ulic 1 07 PHOIOa.: 131751 235-5U90 - FAX: t31351 ?51-5E194 Acct. F PL.ROZINNEL Fnx' 1305) 235-5271 WWW-M51'RICFNG. COM April 9, 2010 WORK ORDER PROPOSAL Page 2 SCHEDULE OF DELIVERABLES Teak, Sub -task, or Activity ID it Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date" (cumulative weeks, or calendar days) 1.1 Project Layout and Cons tructability Review 14 CD NTP + 14 CD 1,2 Pre -construction, Public Involvement, Utility Coordination Meeting 2 CD NTP + i4 CD 1,3 Pre -construction Submittal Review 1 CD NTP + 14 CD 2.1 Engineering and Observation 30 CD NTP + 30 CD 2.2 Construction Documentation 30 CD NTP + 30 CD 2,3 EEO Compliance 30 CD NTP + 30 CD 2.4 Project Coordination 30 CD NTP + 30 CD 3.1 Final Acceptance 30 CD NTP + 30 CD 3.2 Project Documentation 1 CD NTP + 30 CD 3.3 Final Payment Processing 1 CD NTP + 30 CD 3.4 EEO Certification 2 CD NTP + 30 CD An updated schedule, Indicating actual delivery dates, based on the above durations, wll! be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Twenty - Four -Thousand -Nine -Hundred -Sixty -Four dollars and Eighty cents ($24,964.80), The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION" Task, Sub - teak, or Activity iD # Major Task Name and/or Activity Description Fee Amount Fes Basta 1 Pre -construction $792.00 Lump Sum 2 Construction $20,952,00 Lump Sum 3 Post -construction $1,425,60 Lump Sum 2.3 EEO Compliance $1,468.80 Lump Sum 3.4 EEO Certification $326.40 Lump Sum Subtotal - Professional Fees $24,964.80 Lump sum Allowance for Relrnbursabie Expenses $0.00 Limiting Amount TOTAL $24,9B4,80 Lump Sum "Note: Compensation should match the Task, Activities, and/or Deliverables identified VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: April 9, 2010 WORK ORDER PROPOSAL Page 3 VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: Plans, Construction Contract, Schedule of Values V111. PROJECT MANAGER CONSULTANT'S Project Manager for thls Work Order assignment will be Antonio Piedra, P.E, R V/Eu/6- Submitted by: / �^ An Approved by: tor Capita Intro :men Program Form 116 Revl: 9/18108 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Names Metric Engineering Contract No. noise: City of Miami District 4 ADA and sidewalk improvements Date: 4/9/2010 roject No.: B- Description: CSCSeMcesftrdIde ADA rindsidewalkimpunnaments (District 4) Eatimator Antonio Piedra -,-=1.....-........rmmrzuMmilian•ram.•11.14.6•41-1.1.1111,....1161: mum m egac...,.---,--f Avera Work Activity Applicable Rate, Rate: $66.00 , Rate: $4.5.00 1..._Rate: 321.00 ' . I Rate: Sli.00 I Rats: ' Man 1 -, t-- I ' Man t 1Rahtee,:jrs 1 By Cost 3y Staff Antonio Piedra, P.E. ., Felix Rodriguez Marloyege Ainudres Brunot 1 hours r I Cost/ ActtvItyl hoMursan Coat/ Acevinihours Cost/ Activity I h'`'hAotanics -1Costi Acdvityl Rate: 11 Cost/ Activityl M8r I -Cost/ Activity I Activity , , Activity 2 Constniction phase $45.847B3 _i_, 342 1 s544$68 i,. hoMuarns 1:C611,., Act, ".'1. hMouanrs becrettsa.4.11.10eCieUraumucemonemmucneenretortrasnmImutrnumaearmemerecaeva 64,21.11.01•110P9•13M11.1.1101113.1 1111.1.011n11.• , 1 Preconsauction phase .1 I , $86 4 , $180 •'" 4 -----/— illnattntrittsTor-eruumactramir IlISMISMIZt.11•1911-12,111.Z.VIUM.2111.12.0,...Irre.121Crell2=ru 241,1,1,11nrIMaLe riencarc,11..trerpin.mr.r.r.rtnt,,:rnmeiolkrtracttIlsninitir torten. 11.71t,,,,,-,,Irme., MINI .47. S395 SSia;7:J.:? [ 12 [ $792 70 ' S3,150 1 228 -I- . - - - -.1 - ' '-t'''' ' ' "I 342 39274 3 Post corislniclion phase , 1 $86 I 8 t $:361) 1 8 sloe ; a $136 I I I I 25 • • •_____•• ______ __ 329.2 5 1 I 1 i _ i r i ..1 $7,)__ 1 T . 1 _41. 1 L . ..1. . _1.. i r r _._ ••_ ___ 1_ I I I- I I I 4 . ___+. I. . LI. -,-- 6 7 • — - - 1 • i - -- L r i , i ,.. _I i 1 1 1 1 0 i '4 • 4__ .4 .. 1 . I._ 1 ..- 1 1 2 I + _I_ -1- . 1 -i t r --(- I i L i •___ 3 1 1 I , 1 ...I _ A I : I. 1 -F- . IL ' _ , F ....___T i _ _i___ Jr_ 1 T. 1 i , _ • ...... . ...•___ _ . i t t • 1 --- t-- —r TI • 5 I i I. _1_ I- .1_ _ 6 1 --r-- 1 , I . i i . , , 1 T I 1 7 I I _ _. I _ _I - . _ 1 1. i __‘.... 9 . 1 _7.._ .._-,_ i ,._. 0 I I .1___• I L.. _L. i • 1 I • . ., T 1... ,.. 1 i . , . I i I .1•-•••4- -------i-- 1 ---4 i I -- I i • I I... I. . . _ _ 1 , 7 i ___ • _ .021.2.e11.11439.....17.....3.enriesvasco.=.malestsmostat,leitaLaimaemve iniglatounaprd 113.12121SIVIIII MMMMM 11109... .10,-...-111.1.21221.1,d43 121010121.11.M.Ceptirtrinhclimara. ' IStIcVM:=311111.• lipersmamtnanintararrtrAmsnalrinr, elynnatarp ..M. 1.1"..MTLISL11.1.cE 'tart. 119MMInsinttaradrrnmmnr,,,,...r.,... :p.c. ......tx.mwrimalumem.CT TOM! Staff Hours 14 82 240 44 I 380 .- •• • _ . _ . . .• . . • • _. • ... ••. __ _____ • . , .. •• •• _ _ . _ . Total Staff Cost 1 $924.00 Total %of Work by Positron 3.7% 21.8% STAFF CLASSIFICATION S3,690.00 1 $5.040.00 $748.00 ai-2;; 7.1.44Z' ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew crew days at /day = $ 4 - man Sunray Crew: crew days ai I day = Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee, 2. Manually enter fee from each subconsultant. Unused subconsuhant rows may be hidden 3. The basis for work activity descriptions shall be the FICEFFDOT Standard Scope and Staff Hour Estimation Handbook. ny Mnure.t. ID Conn 117: aa.sea anssaa Rate P • 310,402.00 $27.: 1 - SUBTOTAL ESTIMATED FEE: (multiplier 241 Subconsultant: Subconsultent: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: 324.9 Geotechnlcal Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: 3 - SUBTOTAL ESTIMATED FEE: $24,9 AdcHonal Services (Allowance) Relmbui sables (Allowance) OFtAND TOTAL ESTIMATED FEE: S24,9 • .• r L. Dear Mr. Aluko: CONSULTANT WORK ORDER PROPOSAL METRiC ENGINEERING Metric Engineering, Inc. proposes to provide the services identified below for the project entitled "City of Miami District 5 ADA and Sidewalk improvements", �rsuant to its Professional Service Agreement with the City of Miami for CEO services, dated �f l b . I. GENERAL Metric Engineering, Inc. proposes to provide Construction Engineering and Observation for management of the NE City of Miami District 5 ADA and Sidewalk improvements Project, pursuant to its Professional Services A tt lent with the City of Miami for Construction, Engineering Observation Services dated L1j��� II. SCOPE OF WORK A. Task 1 - Pre -construction Services 1. Project Layout and Constructability Review - Ensure that the project can be built as designed and, If not, coordinate with the FOR to minimized delays and cost overruns. 2. Coordinate Meetings - Preconstructlon, Public Involvement, Utility Coordination. 3. Review Pre -construction Submittals - Schedule, Permits, Quality Control Plan. B. Task 2 - Construction 1. Engineering Observation - Ensure compliance with plans and specifications. 2. Documentation - Document contractor's activities, review shop drawing, RFIs, change orders, contractor and CEO invoices. 3. EEO Compliance - Ensure that ARRA/EEO reporting requirements are being met and the proper documentation submitted . prior to progress payments. 4. Project Coordination - Coordinate contractor activities with City of Miami Departments, other governmental agencies, and the public. C. Task 3 - Post -construction 1. Final Acceptance - Coordinate inspections and final acceptance. 2. Documentation - As -built plans and transfer of project documents. 3. Final Payment - Process final payrnents;and assist City of Miami with documentation for reimbursement. 4. EEO Certification - Certify that all EEO requirements have been met and supporting documentation is complete, at hand and filed. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise None IV. SCHEDULE OF WORK - TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below (additional paes may be added as needed) METRIr, PLAZA' CORPORATE HGADW UARTLR13 13940 '5,W. 135, STREET. MIAMI, FL 331_86 DEBIGi+i: 131UTE 2L10 • CFI: SUITE 10'7 PHONE: (3005) 33s•5093• Fax: (305) :;51-5094 AOOT. & PERSONNEL FAX: (305) 23S-57(.71 WWW.MET RICENS.COM April 9, 2010 WORK ORDER PROPOSAL Page 2 SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID li Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (curnuln we 4veks, or calendar claysl 1.1 Project Layout and Constructability Review 14 CD NTP + 14 CD 1.2 Pre -construction, Public Involvement, Utility Coordination Meeting 2 CD NTP + 14 CD 1.3 i Pre -construction Submittal Review 1 CD NTP + 14 CD 2,1 Engineering and Observation 30 CD NTP + 30 CD 2.2 Construction Documentation 30 CD NTP + 30 CD 2.3 EEO Compliance 30 CD NTP + 30 CD 2.4 Project Coordination 30 CD NTP + 30 CD 3.1 Final Acceptance 30 CD NTP + 30 CD 3.2 Project Documentation 1 CD NTP + 30 CD 3.3 Final Payment Processing 1 CD NTP + 30 CD 3.4 EEO Certification 2 CD NTP + 30 CD " An updated schedule, indicating actual delivery dates, based on the above durations, will he provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total lump Sum fee of Twenty - Four -Thousand -Nine -Hundred -Sixty -Four dollars and Eighty cents ($24,964.80). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Saki fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed Zero dollars ($0.00). Said Reimbursable Expenses shall be: used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task Sub- tasiy or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre -construction $792.00 Lump Sum 2 Construction $20,952.00 Lump Sum 3 Post -construction $1,425.60 Lump Sum 2.3 EEO Compliance $1,468.80 Lump Sum 3.4 EEO Certification $326.40 Lump Sum Subtotal — Professtonal Fees :$24,964,90 Lump Sum Allowance for Reimbursable Expenses $0.00 Limiting Amount TOTAL $24,964.80 Lump Sum *Note: Compensation should match the Task, Activities, and/or Deliverables identified VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not Included in our bask services: April 9, 2010 WORK ORDER PROPOSAL Page 3 VII. DATA PROVIDED RY CITY The following information or documents are to be provided by the City: Plans, Construction Contract, Schedule of Values VIIL PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Antonio Piedra, P.E. Submitted by: Approved by: Antonio Piedra, O1 .ko Capita Imp Form 118 Rev ied 9 16/08 Program evito- Consultant Name: Metric Engineering Contract No.: 'reject: City of Miami District 5 ADA and sidewalk Improvements Date, 4/8/2010 'reject No.: B- Description: CEO Services ford de ADA end sidewalk im ovemants (District 5) 6s5lnetw: Antonio Piedra escrtp . _ ... ... — — Pr . — — .... . STAFF CLASSIFICATION 1 Job Class)flcatfonl Pro)ect Meriag@r I Fro`ectAdmlrtlS! I Inspector "'<'.�. _ . _�� __ .. ,,,I,,,,,. �„ ,.�.,,,.� ry. � RGAS Stsff kours Sala Staff) Antonio Piedra, P.E. I Felix Rodriguez I Mario Vega 1 Atoudrea Brunet Applicable Rate!.Rate: $66.00 `, Rate: ' 346.00 I Rate: 321.00 I Rate: 817.00 Rate: Rate: Rate: j 3y r �M80 -7-- l Man — —r ..____... Wont Activity I hours I Cos° A tYitY hours I Cos° Acttviiy hours i Cost' Activity' h�� Cost/ Activity' hours I Cost! Activity"hours I Cost/ Activity hours [cost! ActivlN i Activity mmumam.d..�mammoenv„mm,. 4mavrammum �m��0mmum. a mho=«��—._... - s�.�,�yam>m�s��:.m��m��,.� m><„vbv,.�Pnmmp.m mmmnv _ .y vmmamnamxmm,., mmmom i:, .....mmmulmmtmo<:<mmrr_.:<.mm: m 1 Preconstructton phase 1 I 56fi i 4 $18D I 4 yea l 4 55B mm< ! I-....1'. e m m« _ 11 12 $782 70 53,150 I 228 j 54.789• 32 3544 r - —L. I1 342 t i $86 ; 8 $360 { 8 I 5768 6 j- S136 I I_ ; I 25 1 , I I � z- .._ 1. 0 1 -- - L _- r _.... I t. 7 1_. .. L__ 8 _ y_ 9 1- _ - 2 Construction phase 3 Post construction phase 4 5 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT 0 1 2 3 4 5 5 7 •. 8 9 ro 2 4 5 8 7 nermanuneevenaeumennwpamgmnsnacannotwanmeepravinmaxeettoconaunsimmnoteval Total Staff Hours 14 82 I{ Total Staff Cost S924.00 Ti3,,690.00 9 Total % of Work by Position 3. 7 b 21.6% FSTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at 4 - man Survey Crew: _— sew days at /day /day Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultent. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. u7vlMem.0 I P. amm 117: Rovede,es'0a I m a mt memm-mmemm mmm� mmmmummommm.m.mmzmm., lmn,_, mmmmws«,;,—mR.,,,:.-mmmm.,im„ mm m,,mnmm,. 240 $5.040.00 S748.00 _ .t_1.___;_...;__; -<1..,.:-m,.:im::,�.,<�,:.mm,,::mr mm- �..,m�.. ,rmLI,mm,-,e:m.mmmnv,m .,mam.:_m_:.____.,.---.._._...._. 63. % 11.6% 360 1 - SUBTOTAL ESTIMATED FEE: Subconsultant: Subconsultant: Subconsultant: Subconsultant Subconsueerd: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fes: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Retmbursables (Allowance) GRAND TOTAL ESTIMATED FEE: (multiplier 2.4) Cost By Activity -f •.$396 _ .. 59,274 S730 Avers Rate E Tas S39.6 527.1 629.2 S19,402.00. S27. . $249 $24,E $24 c CORPORATE RESOLUTION WHEREAS, Metric Engineering, Inc, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the agreement to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that Victor M. Benitez, CEO of Metric Engineering, Inc. or Carlos A. Duart, President of Metric Engineering, Inc. or Mariley Perez, Corporate Secretary of Metric Engineering, Inc. are hereby authorized and instructed to enter into a agreement, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed agreement to which this resolution is attached and to execute the corresponding agreement. DATED this 23rd day of March , 2010. Corporate Secrets (Corporate Seal)