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HomeMy WebLinkAboutCRA-R-10-0077 Backup 09-27-2010• CARLOS A. M1c;oYA CITY MANAGER September 24, 2010 (Sit of 411t xmt, r1urt Pieter Bockweg Executive Director OMNI/SEOPW Community Redevelopment Agency (CRA) 49 NW 5th Street, Suite 100 Miami, FL 33128 RE: City Reimbursement for CRA Expenditures Dear Mr. Bockweg, P.O. BOX 330708 MIAMI. FLOWDA33233-0708 1805) 250-5400 FAX c305) 25O-541O The purpose of this letter is to request reimbursement from the CRA for expenses and advances the City has made to and on behalf of both the OMNI and SEOPW CRA. The total amount being requested is $17.3 million and is detailed below. The City would appreciate if the request could be addressed immediately and settled by September 30, 2010. OMNI CRA City established a contract with Cooper, Robertson & Partners forthe design of the Museum Park Project. The contract and purchase order was issued for an amount of $5,991,000. To date the City has • paid invoices and design project related expenditures in the amount of $4,395,331.71. The City requests reimbursement of the full amount of expenditures to date. In addition, the City also seeks reimbursement from the CRA to pay the balance of the expenditures that will come due under the design contract, estimated as $1.6 million. Copies of the contract, expenditure detail, and purchase order have been included in the attached packet. - SEOPW CRA Since 1991 the City has been making debt payments on a 1990 Series SEOPW TIF backed bond issuance. The amount of debt payments made through fiscal year 2010 is $6 million. The City requests full reimbursement of the $6 million in debt service payments. We have included a payment summary and supporting schedules in the attached packet. Also since its inception, the City has been providing an administrative operating subsidy to SEOPW CRA. At this time the City has only been able to detail and support the amount of subsidy from fiscal 2000 through fiscal year 2010, exactly $5,271,317. As such, the City is seeking reimbursement for this amount. The City however reserves the right to seek further reimbursement for these operating subsidies as additional supporting documentation becomes available. Supporting documentation forthe approximate $5.3 million is included in the attached packet. • • • City Reimbursement for CRA Expenditures Page 2 of 2 If you should have any questions, please feel free to contact my office at 305-250-5400. Si dos Migoya City Manager C: Honorable Mayor Tomas Regalado Honorable City Commission Larry Spring, Chief Financial Officer Juiie Bru, City Attorney Self -Service Web Applications: View Order Details f }Procurement>:, 118gg:81- E 1 LZd3S rage1ot1 Shopping Cart Home L[ }out Preferences Help ReqUisitionat ri Requisitions I Notifications j Approvals quisitions; Requisitions > Requisitions Search ? Standard PO : 901240 Revision 1 (Total USD 5,991,000.00) y Order Information General information Standard PO Total Supplier Supplier Site Address Buyer Order Date Description Status Note to Supplier Organization Sourcing Document Supplier Order Number Attachments 901240 5,991,000.00 {USD) Cooper Robertson & Partners NEW YORK 311 West 43 Street New York, NY 10036 Suarez, Maritza 29-Apr-2009 09:32:09 CIP Reso 08-0406 Approved City of Miami View PO Details •TIP Click on the Show iink to view shipment details of a line. Indicates new values e Indicates cancellation request Show All Hide All Details .Line #w Show1 Terms and Conditions Payment Terms Net 30 Carrier FOB Destination Freight Terms Pre -Pay and Add Shipping Control Bill -To Address Bill -To Address City of Miami - Finance - General Accounting 444 SW 2nd Ave, 6th Floor Miami, FL 33130 Ship -To Address Ship -To Address City of Miami - CIP 444 SW 2 Ave, 8th Floor Miami, FL 33130 Supplier Price Amount Contractor Gtobal Type Item Job Item Description UOM Quantity (USD) (USD) Name Status Reason Agreement Attachments Differentials Services Architectural:Dollar 5081000:1 5,081,000.00 ;Open :and enigneering services for "Museum :Park" 830538 as ;per Reso 08-0406 and PSA 07-749; • 1496- :Sunshine :State Loan Shop I Requisitions. I Receiving I Shoppng Cart I Home I L.flgout j Preferences I Help Copyright (c) 2006, Oracle. Ail rights reserved. Price Privacy Statement http://imiami.riverside.cmgov.net:8003/OA HTML/OA jsp?OAFunc=POS VIEW ORDER INT&RegH... 9/24/2010 Self -Service Web Applications: View Order Details Page 1 of 1 iProcuremen equisitions i Notifications i Approvals iequisitions: Requisitions > Requisitions Search > Standard PO : 901240 Revision 1 (Total USD 5,991,000.00) V Order information General information Standard PO Total Supplier Supplier Site Address Buyer Order Date Description Status Note to Supplier Organization Sourcing Document Supplier Order Number Attachments PO Details 901240 5,991,000.00 (USD) Cooper Robertson & Partners NEW YORK 311 West 43 Street New York, NY 10036 Suarez,Nla(tze 29-Apr-2009 09:32:09 CIP Reso 08-0406 Approved City of Miami View TIP Click on the Show link to view shipment details of a Li Indicates new values Indicates cancellation request 0 ow All Hide All Details =Line 4)"S,how i2 Terms and Conditions Payment Terms Net 30 Carrier FOB Destination Freight Terms Pre -Pay and Add Shipping Control Bill -To Address Bill -To Address City of Miami - Finance - General Accounting 444 SW 2nd Ave, 6th Floor Miami, FL 33130 Ship -To Address Ship -To Address City of Miami - CIP 444 SW 2 Ave, 8th Floor Miami, FL 33130 ine. Supplier Price Amount Type item Job Item Description UOM Quantity (USD) (USD) Services: g ;Increase to PO. :Dollar: 84900 1 84,900.00 'Architectural and design !services for "Museum Park 'Bollards" 630538A as per IReso 08-0406 and PSA 07- 749; 1559/1457 FIND/HD1 :Interest Services',, ;Increase to PO ;Dollar 825100 1 :825,100.00 Architectural and enigneering services for "Museum Park" B30538 as 'per Reso 08-0406 and PSA 'W 749 for reimbursable expenses; 146411496- 'Sunshine State Loan Copyright (c) 2006, Oracle. All rights reserved. &hopping Can Home logoul Preferences Help Dk) Contractor Global Price Name Status Reason Agreement Attachments Differentials Closed: Shop j Requisitions I Rece:ving I Shepping_Carr I Home . L,rogout j Preferences I Help Privacy Statement http://imiami.riverside.cmgov.net:8003/OA HTML/OA jsp?OAFunc=POS VIEW ORDER TNT&RegH... 9/24/2010 • 5311530, Museum Perk 6apeodlture oataII by vendor Eland Type Prahisianal Services Professional Smokes Professional Services Professional Strokes Professional Smokes Profeabnal Smokes Professional Services Profeeske/Services Professional Strom. Professional -Services Profession.' Survives Professions" SOMAS Professlanal5.rvlas Professional' Salvino Professional stake Professional' Services Pr9fessknal Strokes Profeasknal Stakes Profeukred%mi se Prohulvnd Services Professional Semin Pmfeasknal Senders Profeuktal Services Professional Services Professional Services Professional Services Prefaelonel Services Professional Sendcer Professionel1anrices Professional Snakes Prefendonel Seniors Professional Services Professionals.rvket Professions) Si'*.. Professional !ravioli. Professions/ services Professional Snvkr. Profession Services Pu0feselonal Urvke, Profession.' Services Professional Servkea Professional Services Pefeuk al Services Professional Seab6. Praterbnal Services Pnshrbn.lServices Professional Services Professional Services Professional Services ProfesslonelServkr. Praf.sskn.l S.rvfeas Professional Services Prof.alonet Service Profession Smokes Professional Snake Professional Servkn Professional Services Prolaesknal Smokes Professional5ervkes Prohubml Serskas lttm Ore Empkye6/5uppI., 11/ 0/2007 Biscayne Engineering Company 12/31/2007 Disowns Engineering Company 1/31/2006 Biscayne EryhueringComPany 3/11/2006 6trnyne Eng m..rine Company 6/1/2908 Biscayne Engineering Company 6/1/2008 Blacaye Eryfneeling[anent, E/1/2008 Biscayne Engineering Company 9/1/5009 Biscayne Engineering Company 9/1/1008 &myna Engineering C9mp.ny 9/23/2009 Biscayne F gtn.ari g Compeny I1/1/2008 !Moyne Engrne.dng[empeny 12/1/3008 6re9n. EryRh.Mng Canp.'o 17/1/1006 SWIM Engin684ng 0.0,Peny 1/1/3009 Rlsoyn. Engineering Company 1/1/2009 6h.eyn. Engineering CPmPeny 3/1/2009 BHcayna Engineering Company 5F1/1009 6heyn. flgkeering Company 9/1/1009 9lraeyna Engineering Company 5/1/2009 Mayne Engineering Company 5/1/2009 Bisayna Engheedng Company 5/1/1009 Inman Engineering Company 5/1/2009 Biscayne Engineering Company 6/1/2009 Bi.oyn. Englnaring Company 7/1/2009 Biscayn Engineering Company 7/1/2009 Biscayne Engineering enemy 0/1/2009 e0sarn. Enelneeringtamparny 9/1/2079 dbeyna E4Mering Company 10/1/2009 B6pyni Engineering Company 10/50/2009 BIspyre Engieering Campeny 1/1/1010 Biscayne Engineering Company Bbnyne Engineering Company Total 3/1/2008 Cooper Robertson & Parham 02/1/1008 Cooper Robertson &Partners 1/1/2009 Cooper Robertson & Partners 1/1/1009 Cooper Reberb9n&Partners 1/t/1079 Cooper Robertson & Pacers 3/1/2009 Cooper Robertson & Pennies 3/75/2009 Cooper Robertson & Paden 5/5/2009 Cooper Robertson & Penner. 5/22/2009 Cooper Robertson & ',miners 5/22/2009 Cooper Robertson & Partners S/1/2009 Cooper R,brrmn & Par3M3 9/1/2009 Cooper Robertson & Pertnaa 6/0/2009 Cooper Robertson & Partners 6/22/2009 Cooper Robertson&P.rMers 6/22/2009 Cooper Robertson & Partners 8/17/2009 Casper Robertson & Partner 7/22/2099 toopv6.Mrtmn1 Partners 7/22/2009 Cooper Robertson & Partners 7/22/2009 Cooper Robertson & Partners 8/24/2079 Copper Robertson&Parham 8/24/2009 Cooper R9Mruon&Pertness 0/24/2009 Comm. 6obert,on&Pa,hae 0/1/2009 Cooper Robertson &Partners 9/23/1009 Ones Robertson & Pe1Rn.r. 9/23/2009 Cooper Robertson &Partners 9/23/2009 Cooper Robertson &Feces 10/22/2009 Cooper Robertson & Pertee 10/22/2009 Cooper Robertson Partners 10/22/2009 CooperRo1arlan &Parters 10/22/2009 Cooper Robertson &Pertnars m -70 bur ea m upend Art 1,e2&00 $ 25,112.27 9p17.70 8,089.20 $ 3,627.00 $ 614.00 S 3,191.11 $ 103.40 S 659.54 4,199.71. $ 1,019.25 $ 12,151.68 $ 12,019.11 $ 11,019.112 $ 1,319.00 5,472.12 $ 3,374.56 $ 439.19 2,900.00 3 2A71.50 5 1,665.00 $ 4,05050 $ 609.50 $ 2,441.75 $ 210.00 S 875.53 $ 2,039.41 $ 4,039.79 $ 793.45 $ 5,0E0.00 $ u9,eri.$4 $ Immo00 Second Amendment toApmm.mdated Marsh 12th, 2008 $ 44,929.00 Architectural end ml9Medetsnvkes for "Museum Park'930938as per Run 0647405 end PEA 07-749;1496- Srm.'hits State loan $ 74,979.00 Archlrwloel end srdgna6ring services for"MiloomPerk" 6305981e per Rao 011-0I06.nd PSA 07.749: 1496. SunshiMState ten $ 34.57 Architectural and enlpnearhgservices far"Museum Park` 890630es per 1We08-0406end PSA 07-749;1496-5waNne State Loam $ 179,700.00 AeehReMorel 1r,denyaerin5servkesfor "Museum Perk"B90530 is per tem49.0406 end P0A 07749; 1196-9.MMne Stag loan $ 71wt1e0.03 ArchMduale.d enl5aarin5 servreslhr'Museum Park" MOMS as per Reso46-0406 and PSA07-749; 1496-Sunshine Sea Loan $ 946,100.00 ArchWetual end en/peering services for 'Museum Parr 1130698 ea par Rno08-0406 end PSA07.749; 1496. Sunshine Shot loan $ 349,500.00 Architecture" end en4M.dlgnrvWS For 'Museum Park" B36538 as par Peso 08-0466end P5407-749;14965aahlne State Loan $ 2,785.92 Wooer. to PO. Arc31308 4 ens/ en/peeringaarvkes for "Museum Parr 630639 as per Rea 064406 end PP 07-749 for reimbursable etm.ma.; 1464/1496Sunshine State lean 19.99 Horan to PO. Architectural and .nlp,eerd9services fe"Mareum Park' 930588as Per Rem 080406 and PS407-749 For reimbursable apeman 1464/14965wuHne State loan $ 455,923.84 Increase to PO. Ankkeetial and.ngneerings.rvkes for "Museum Parr 030896es per Rem06-0408and PSA 07749 For reimbursable expanses; 1464/1496-5un'hba Stan tan 2,776.10 lames. to PO. Architecture" a,dmlpleed,yservke fayMuraum Park' 630536mper Km096406and PSA 07--749for reimbursable sopenseN 1464/1496Sawhha State lean $ 10,524.00 AmhRedual and liniment" services for 'Motown Park B30998 es per Nem 09.9305and PSA07-749;1498- Smm4MM mate town $ 99,945.48 Arcld0Mural and an/graving services for"Museum Park" 630490.s per Rase08-0406and PPA07-749;1496- Sunshine Stale teen S 2,179.20 Increasete PO. Arcbitecto.l and aegneering services for"Museum Park" 990936espmRego 60-6.06mod PPA07449 forreenburs.ble expense; 1464/1498-6un0IM SUM Lan $ 356,92150 Increase to PO. Aahltesto.land enigneoriesservices for "Museum Park B30338es per Reno 06.0406 end PEA07.749 farNmbnaw63 expense; 14e1/14961ush1ma Sesta Lan $ 19,267.22 Arehha.tural and.nlUa6dng sewk.for..Museum Park"B30596 es per Rem 09-0406 end PSA07-749; 14965unsM,a Sat. Lan $ 7050.00 Architectural and.a3etdng semisesfor 'Museum Park' 890338 es perReso 08-0400and P1A07-749; 14965umhM Sat. lean $ 359,100.00 Architectural and engmedng services for "Museon,Perk' 830339 as P.rMso014406 end P5A 07-749; 144E- Suns -Mao Slate loan $ 9919 Increase to PO. ArrhR.9lurel and en46Me0Rservices for "Museum Perk" 83053E as per Rose 08-0406 and PIA 117-749 for reimbursable expenses; 1464/1496 Sunshine Stele Len S 0.61 IMaase to PO. ArelMuurel.nd enyneMg sem /castor'Mus.um Park. 990596 ea per Row 060406 and PSA 07-749for rebminmb3 mein..; laa/14961enshle. Ste Loan $ $92,200.00 Architectural and am,&n. dra snakes for "Mordent Park' 630531as per Peso 014404 end P5467449; 1496-Sunshine Site Loan $ 44164.11 Architectural endamJBm.riry se6leas for"Museum Perk' 400511 as per Roos016406 end PSA07-749; 1496- Sunshine Sal Loan $ 192,200.00 Architectural and enign.ering services for "Museum Park' 890598 as per Rue00.0406 and PSA07-749: 1496.5umhia State Lein $ 4,70000 Architecture/ and enigearkg lamina far 'Museum Pak" 850339 a. per Re.084416 end P5497-749;1495-&mhka Stet. Loan $ 193,417.05 Amhlaotual and en/nearing services for "Museum Perr640538 as per Rase 094406 and P5A 07-749;1496- Sunshine State tan $ 6,274.56 Arhltadu,al end en1pn.aring services for "Museum Park" 130519a. per Rem 914409 and PSA 07-749; 1496- Sunshine State Lem $ 162,250.00 Architecture' end 'ngnearing services for "Mason Perk" 830530 es per Rem 01-0406 end PSA07-749; 1496- Sunshine State Lan $ 1162,250.001 Architectural end en/peering servWsfor "Woman Park" 830358 as per Rem 06-0406 end PSA07-74911496-Sunshha3lte loan $ 139,662.01 Aretdtackiral end enlgneed,g services for 'Museum Perk" MOM e per Reomales and PSA07-749; 1496Sunshine Stat. loan • • rl Convnan! Weeyn8 Engineering for surveying & mapping snakes faraseum Parr 930359; lie -plat of efentenmel Park*. for purposes of oomtrbotin4 Museum Perk legal description & sketch ofmuseerm slim; 1107, Gen Fund, 931418. Biscapa gng1r 8495 fiw.urveyby & mapping services fro"Museum Pas!^ 63DS38; Re -plat of Bicentennial Perk sfte for Purposes eteMhtrcang Mann Perk Legal descdptkn & sketch ofmuseum slhs;110Z Gen Fund, 331418. Biscayne Engineering for surveying &mapping Smokes (ar"Mmeum Park' 830598;Raplat of Bk entennial Perk Ara For purposes etensbucdng Museum Park, legal description &skelebofmouton shag 1101, Gen Fund, 991419. Bhoyne Ehgineer/w forsurvaytru & mipplr,8selvkes for "Museum Perk" 450596; Re -Plat of 6kn94nnlal Parkin. for purposes of constructing Muneutn Perk legal dasolatke LAMA of RW11M sitar. 110Z Gen Punt, 995418. 6bc.vno Elrflne.4NBfor surveying & rmp9tryservices her./rumen Park' 690518;R.islt.0I19.M.nea1 Park site for Purposes of constructing MaseumPark. Leona decadence &sketchedmummer Aim 1102, Gen Fund, 331419. Biscayne Engineering &enmity & m.pp8ysavka for'Mds.um Park" 630598;M-pht of Bicentennial Perk eke for purposes of combusting Museum Perk,lapl description &sketch of museumllar 1102, Gen fund, 311611. BW.yn. Engln.Wn/foraurv.yksg & moral* Services ter"Museum Perk' 930598; Re -plat of Bicentennial Perk Ma for purposes ofornaMtclhy Museum Perk. Legal d..0019 sen &.ketch of museum.1as; 1102,Geo Fund, 331418. BIsoye ErolneerI gforsurveytn4&Puppingervleafor"Museum Park' a90338; Ri-plet of Biantemhal Park cane For purpo.esdm0gnretln8 Mrseum Park Legaldesedp1on & h.lh of museum Alen 1102,G.. Fund, 33141& 06cpyne Engineering fo surveying & mapping services for "Museum Park' 630538:Summing of Bkent.mmal Perk; FOOT hen W ne1 and FEtalbae.. nett) of drmAmukanA46nesArena; H645umbin. Sit. tan 006916E1111IMI0I18f0103.11ng&1111604.4191.96 far'Musimm Peek' 090590:96rylng d Bimini.' Perk: POOPlease parcel and FECdip areas north ofthe American A93M. Arena; 1464 Sarnhhn State Loan T14e Purchase Order/Release replaces Purchase Order/Release No.90174 which has Men closed. This Porches.Ord.r/Relesse is being issued for payment purloins Plain* do notdupla:me this order. 63c699 This Pusndnn 0rdar/R.1w. eplaes Pumhaas Oder/R.1mm Ne.89701 which has Men dosed. ThI. Purchase Order/Release Is Ming issued for payment purposes only. Pease do notdup5c.te thisomter. 610538 This Poi few ardsr/MNap e3ler Purchase Oder/Redeem No-99709 which has been :loud. This Purchase Order/Nen.e b Ping Lend for payment purposes only. Please do not dup$166 thhorder, 4.30538 This Purchase Cate /Releass opus P.M.. Order/Release Ne.99705 wf,leh has been closed. This Porches. Order/Release b brig brad for payment Purposes only. Please de not dupecee thisorder. 930538 This Puna. melon Purchase Order/Release No. 80174which hes Tenn closed. lids Pinhole Onler/R.h.. 6 Wog issued for p.ymrni purposes only. Plan do not duplicate this order.8-90536 This Punes 0Meykalees. replaces Purchase Order/Release No.19705 wilt& hes been don.lhl Purchase Order/Relent is being Issued for payment purposes afy. Please de netdupipte this ceder. 6.90511 Thar Purchase Ord.r/Relsew nieces Purchase Ord.r/Release Ne.90174 w44ds has been closed. Th6 Punta. Ord.r/R.lesse &being Issued for prynempurposes only. Pine do not dup6ota this ceder. 630318 'Oar Punches. Order/Re/me replac19 Porches. Wd.r/Rehas. /to 59703 which hcbean clan.This Pudust OMer/R.lese 1s Ming issued for payment purposes only. please do not dualism. disorder. 9.50539 This Purchase Order/Release repines Punkas. O.der/Mlas. No.419705 whkh has beendoeed.7hh Purchase Oder/Relese Is Ming issued for pevmem purposes only. Plus do netdu5Rea ddsoder. B-30518 This Purchase Order/Re/lam nieces Pordnii O1d.dMleat. No.99705 wfikh Ms bendoeedlh6 Purchase Oder/Rd...l being Issued forpeynxnt preen m+N. Ptese do net du9Rele this order. 431518 Th6 Purchase Order/Rehm repines PurdesiOrder/Belem.No.99705 which har ben doe&Tld. Purcha.. OrderM I.u. is Mkg Naiad Ter mount Purposes only. Plea do tactdup0eta this order. b30S98 ThtsPurchase Order/Me/pm repines PurdnaOrder/RalaseNo.89705 which has Mendosed. This Purchase Order/R.6am 6 being 'mold forpryment purposes only. Pl.se de not dug/lute this order. 4.3033s This Purchase Oder/Releese maple'. Porches. Order/Release No. 89705 which hes been dond.TMs Punkas. 0rder/Belaaee Is berg Issued Fes pitman moans only. Plan do mg duplicate this order. 9-39598 Tads PurchaseQ,d.r/Mlase ephoes PdrcMseOnl.r/BoIsese No. 69709 which hes been dosed. Thb Purchase Order/Minek baby born ferpayment ourposeanly. Plena. do net dup0etetis order. 6&30596 This Purchase Order/Relu. replaces Padua. Order/Repro Ne. 69705 whkh hes been closed. Thb Purchase 0rder/Mlaaa.l being issued for sanest IrurPo9e. only. Please do not d.Plftaladhb order. 839938 This Purchase Order/Reksse repine Purchase Ord.r/R.Woa No. 89719 which 1m bean dosed. This Purchase 0rder/Ml.ase Is being bw,edfor element Purposes only. Pisese de not duplieteth6 seder. 0a0599 Tm. Purchase Order/R.6es. repines PuncMee Order/Release No. d9705vdhkh to. Mtn dosed. This Porches. 0rdeMbdoa.e 6 being Issued lerpayment purposes only. Plea do not duplicate s order...80499 This Purchase Order/Rape replaces Panes. Oder/Ral.n No. 69704 which has been dosed. This Purchase Order/Release 6Inv Weed for payment purposes only. Neese de net dup9ete4h3 serer. 9 305'98 This Purchase Order/Mlm* 1P1r.s Porch.. Oder/Ralese No.89709 which has bean domd. Thb Purchase Order/Release b being Weed for peymentpurposes only. Nen de net depilate Ws order. 8.30698 This Purduue Order/Release replan Porches*Order/Rohn No. 99705 which has bet e&dad.Th1. Purchase 0rdei/Mlece Is being Mad for promo! Plan de not depecate this aces. 840538 • • 936536, magnum Park ewendknro Detail by Vendor Brand Type Pmtantaaf Servku ProhWunrSenkes Profession€Services Pmfesslone1Sambas Professional Sambas Pmfssskval Sambas Prchrslom1S.rvke. Profsabmt S%Mm Pmfessfonel SeMcas Professional Semites Prdossbnal Sorvkes Pmteubnel Services Pmlembnal Services Pmhsbnel Swab. Professional Serok 00 Prhleslknel Services Profulonal Services Profesional Services Profes.bnal Seldom Profession.' Services ProfenbnelServices Probationer Smokes Professional Sambas Pm6ssbmlServlses Pmtesel9nal Seabee Professions! Services Profemboel Services Prelemb 91 Smokes Professbm&Seekers PreAsslm.ISeems Professional Services Professional Services Prcfesslonel Se vk.. Pafesshnd Sorvbn Pwlesaknal Semke. Prota0bnel S.rvka Professional Semites PmussbmlServices Professional Serskes Abetters Advertising and Related Costa Profeulone 5.rvkas Regular Salaries and Wages Flea tarns Regular Salaries and Wages Regular Salaries and Wages Raub: Seine. end Wages Regular Salaries end Wage Regular Salad's end Wages Regular Salaries end Wages Communication Regular Selene end Wag., Hoe Tame Fka Tex., Begun, Selene and Wages Reeder&!.des end Waaeu Flea Taxes flu Tarns Item Dete Cnnplayu/SupPller 10/22/2029 Cooper Robertson & Portman 10/22/2069 Cmp.r Robertson & Parlours 10/22/2039 Cosner Robertson & Partners 10/22/20)9 Cooper Robertson & Partners 1/1/2010 Cooper Robertson & Partners 1/7/2010 Cooper R.berpen&Partners 1/1/2010 Cooper Robertson & Partners 1/1/2010 Cooper Robertson & Partners 1/1/2010 Choper0abedmn&Pertness 1/1/2010 Cooper Robertson & Pennon 1/1/2010 Cooper Rebrtsen & Partnets 2/1/2010 Cooper Robertson & Partners 2/1/2010 Casper Robertson & Partners 2/1/2010 Cooper Robertson & Partners 2/1/2010 Cooper Robertson & Pertn.rs 3/1/2010 Cooper Robertson & Pertness 3/1/2010 Cooper Robertson & P.rtmars 3//1/2010 Cooper Robertson & Partners 3/1/2010 Cooper Robertson & Partners 3/1/2010 caper Robertson & Parterre 3/1/2010 Copper Robertson & Partners 4/1/2010 Cooper Rcbmrtma& Partners Cooper Reberr.nn& Partners 4/1/2319 5/11/2010 Cooper Robertson& Partners 5/12/2010 Cooper Robertson & Partners 5/12/2010 Cooper Robertson & Partners 9/11/1010 Cao0ar Rohnsm & Parton 6/2/2010 Coops Rab.rtmn & Partners 6/2/0010 Cooper Robertson S Partners 7/4/2010 Cooper Robertson & Partners 8/1/2010 Cooper Robertson& Partners 8/1/2010 Cooper Robertson & Partners 0/1/1010 Caper Robertson & Partners 9/1/2010 Cooper Robertson & Partners 9/1/2010 Cooper Robertson & Pennon 4/1/2010 Cooper Robertson & Partners 9/1/2010 Cooper Robertion & Partners 9/1/2010 Coop.. Roberssen & Partnere 9/1/2010 Cooper Robertson & Pertness Cooper Robertson & Patten Teal 9730/2007 Mhml Herald Media Comp.ny 9/10/2007 MOml Harald peep Company Miami Henna Mete CompanyToul 9/19/2009 MpaWede Caunt73 Mlaml-0ede County 4 Total 7/10/2009 De Faces, Jan C 7/10/2009 De Pnras.hnnC 7/10/2069 be Pe ceduenC 7/10/2009 be Pains, Juan 7/10/2009 De Pere, loan[ 7/10/1009 De Pmos,JusnC 7/10/2009 be Pees, ken 7/10/2009 De Pues,hanC 7/10/2009 De Peron, loan 7/10/2009 De Pam, ken C 7/10/2009 De Pre, Joan -7/10/2009 De Pesos, Sum 7/10//2009 De Perm loan C 7/10/2009 b. Pase,JoanC 7/34/2009 Do Pesos, loan[ 7/14/2009 De Panes, ben gnome !brit $ 11104 $ 2,331.19 $ 14.24 $ 2,335.76 $ 192,200.00 $ 1.410.00 $ 14,444.64 $ 16,071.61 $ 154,750.00 $ 941100 $ 42,040.00 $ 1&066.26 $ 7,267.46 $ 89A50.00 $ 15,600.00 $ 4.500.00 $ 14,900.00 $ 1,200.06 $ 4052.55 $ 1047.93 18,949.41 $ 16,90250 $ 3,10964 $ 4,697.62 $ 241.19 $ 50,505.75 $ 394.62 $ 125.77 $ 7,942.7S $ 5,095.e1 $ 299.26 $ 1,200.00 $ 545.82 $ 45,201.17 $ 595.07 $ 3,679.7S $ 1,214.62 $ 411.47 $ 69.60 $ 4440,319.26 $ 924.90 $ 436.00 $ 760.90 Casement Moreno to 40. Amhkaoeur.l and sd9seeHr9 rumbas for 'Museum Perk" 63093e es per Rem 0&0406end PSA 07-744 fornhnburable expenses; 1464/1498-SmssJvn. State loan lncreas. to 1.0. Archhactunl end .nlone.dry HIM.* for 'Museum Park" 69 599 as par Rue 09-0406. red PSAe7-749 for rebntursebb expemn11464/1496-Svuhhro State Lean Increase to 40. Architecture and erdeondn6 services for"Museum Park" 6905399. perReee68-0406 and P1A 07-749tor nhnburnble expenses; 1464/1490 Suomi** State Loan linemen to P0. Archltectersl and enl6nasing Wakes for "Museum Perk" 990538 es per Reso0&W03and PSA07-749fnr nhnbursable map ors; 1464/M90IumMne Sego than ArchBartunl end.nigeeerbK sambas far"Museum Pad^ 690539 a per Rose 176'0400 end PIA 07749;1496. Sunshine Seen Loan Architectural and engmasl*K mambas for ^Mu..un Perk' 03012e es parR..4,04-0406 and PSA 07-749;1496-Svnddne Staub Loan Architectural and enyneer9y services for 'Museum Part' 690598 a perReae 011.0406 and ASA07749;1496-Sunlhlna0tate Loan Architectural and entente -ring services far 'Wawa Pert" 890536 El per Rase 060406 and PSA07 749; 1496-Sumhln.Stele loan Architectural end enymaedn9 services for "Museum Part' 630593.e per Remo 08-0405 and PSA07749;1496-Sumhlne Slate loan Architectural and.nl1n..dn8 s.rvku for 'Museum Park° 930538 as per Reso 06-0406 end P5A 07749; 1.496-SenehIne Sou Loan Arehlneeunl and soignee* services for "Museum Park 990368 as per Raw 00-0496end PSA 07-749; 1496- Sunshine State Iron Amhlemo al and .nyne.4ngnMG.for 'Museum Park" 630599 as per nose06' 406and PSA07-74S;149e-Sumhlm Rate loan Aehlteetunl and.nlim.dn9 smokes for 'Museum Park" 990533 as per Rem 40-0406end PSA 07-749;1495 Sunshine State Loan Areh6e.tunl end enyn.erkg sacker "Museum Park' 690593 es per Rego 08a406and P5A 07.749; 1496-Sumhlm State than Arehf.etural and enynaed* usrvkee for "Mus..nn Park" B30020 es per Rase a-0408end PSA 07.74911496- Iumhke State loan Aseh9eneunl and onln online.* pintoes fpr "Museum Park' 1155996 as per Rem 08-0406and P5407-749;1496- SunMdne Sue then Architectural and minter* combustor "Museum Park" 830638 as perResn09-0406mnd P3407-749:1496. Sunshine Stets Loan Arehitecturelrid meanderi;g seines for 'Museum Park' 810638 as per Rose 03-0406 end PSA07.749; 1496•6umhine Sue loan Arrhluslureland mymalbyseMcee for 'Museum Park* 930594as per Rem09-0106 end psA 07446; 1496.6undnne State loan ArdnReeturelsnd enigma ing smoke. for "Mumma Perk" 930534 n per Res* 06-0408and PSA07-749; 1496-SunshineStets Lem ArchR.qunl end enipborky nrvrms for"Museum Perk"830538 es per Rosa 08-0408end PSA07.749; 1496-Sunsh burState lam Ardl5eeturelend'reinter g ervk1e far "Museum Perk" 950536 as per Rem 060406 end PSA07-749; 1496-Sunshks Stets loan ArdduMini end • 551 .. bet aerobe. for "Museum Park" 696538 es per Rem 0647406 and P5A07-749; 1496SunshbeState loan Areleeetursl end enigmerky mob*. bra f.. "Museum Park" 990536 as per Run 080406 end PS407749; 1496Sunehlm Sue tan ArchRacturel end 0rdfn..dng evokes for 'Museum Pork 330936 are per Rase 060403 end PSA07.749;1496-Sunshine State lean Architectural and sn$n , ,13,ervkes Nektonum Perk" 630539 as Per Rem 09-0405 and PSA 07.749;1496-Suahlne Sur than Architecture end eul9neediy eervkee for 'Museum Perk' 850538 les per Rose 06-0400 and PSA 07.749; 1496-Sunshlm State Ian A 41544 Wnl end .nyvwarMdsmokes fee"Mtemorn Perk' 930536 au per Rue 08-0406 end p5A 07.749; 1496-Seeman sate on Ard,heetmd end enignmerky servkaafor "Mmun Perk"63053a e.per Pim0&W06 and P6407-713;1496-Sunshine State Lan Architecture and.nipetrkg niece for°Mueem Perk" 960516 mayor Rem 09-0406end PSA 07-749;1496-Sunshine Stale ban Architecture! and **riming sends is for "Museum Perk" 930656 es per Rue 064406 and PSA 07.749; 1496.9mshha Sub teen Archkectural and enigma* modem for "Museum Perk" 890518 as per Rua 080406 and PSA 07.749; 1496- Sunshine Sue Lan Areh4eelurel end engineering smkt. far "Museum Perk° 850538 taper Row 08-0406 end P3A 07-749;1496- Sunslene State Lan Aretimeturelend **mirk 3 mete for "Maranon mark' 890536a per Rem 06-0406 end plul07-749;UN- SuuNm Sam ban ArdMctunl and en:gnarl* servkn for"Museum Perk" 930936 n per Rem 06-0496 and P5A 67749; I491. SUnddm Stat. Lan Architectural end enIgne.rllym. oke§ for"Mmum Perk' 690593 es per him 060406end P5A 07749;149e- Sunshine State Loan Architectural and enlimedeg servit., for"Mt9.um Perk' 830538 as per Rem 004606and PSA 07-749; M96• Standee Stan Len Architecture) end ar l6needeg services tor "Museum Perk' 650536 as per Rom 06-0406end n1407749;14p& Suahtn1sete Loan A9h1Nclunl and enl1m.rhy services for 'Museum Park' 630536 ae per Rego 080606 end P64 07749;1490-Sun.hk.Stm Lee 16477 16417 $ 2,052.06 Fee for Plat of3ubdMatan dsyslopnentrn Welen to Museum Park 630599 $ 2,062.00 $ 251.13 For a Hours tamed on 23-1UH7009 34.31 For Hours Pared on 25413 For 6 Hours Tamed on 25-JUN-2009 251.15 For 6 Hours Eamed an 01J5114009 291.13 for 6 Moors lamed on 02JUL-2009 251.13 for 6 Hours lamed on 29-JUH-2009 251.95 Fore Hoes gamed on 03-1UL-2009 167.43 For4 Hours Earned on 22J01.2009 2156 For Hours Famed on 334.86 Far a Hems grimed on 76-1119-2009 3.99 For Hours Earned on 146.73 Per Hens Earned on 209.29 Tar 5 hours Tuned on 24-1U9-2099 251.15 for 6Ham Eemd on 90-1119.2009 14.17 For Hours Earned oft 69A6 Tee Hours Eamed an • • • 130636, MPeeasn P.rlt Enpendltide Detail by Vendor Pend TTP4 Regtdar29l.rhr and Wages Regular Wants and Wags Raeatrraalerha and Wages Regular SOWN. and Were. Ragas, Salvias and Wages Raptor Salinas end Wages Regular Salaries and Wages Regular Wallas and Wages Regular Salaries and Wages Fagahralaries and Waves ries Taxes Regular Salaries and Wages 8/7/2009 R.salar S.hMs and Wages 8/7/2009 Regular Salves, and Waits 8/7/2089 Plea Taxes 2n/2005 Regular Salaries and Wages 6/7/2809 Regular Salaries and Wages 9/7/2009 Regular Wales and Wags 6/7/2009 R..8.rSala des end Wins 8/7/2009 Regular Salaries and Wag.. 6/7/1099 Regularalades and Wages 6/7/1009 Flo. Tana. 6P/2009 C ommunleaHard Flea Tana Fka Taxes Regulin Salaries and Wages Regular Salaries and Wags Rasura, Salaries and Wages Regular alarks and Wages Regular SakrFesand Wages Ra6ukr Salaries and Wags Regular Saferlu and Wages 34636r6.hra, and Wags Regul.tsandee and Wages Regular Safarks and Wages ReeuhrSalurk. and Wages Free Taxes Fka Tarn Regular Salaam and Wages nagu4r aladae and Wages Regular Saida. and Wages Regular Salad., and Wages Regular Wade. and Wages Regular Salaries and Wages Flea Taxes Flux Taxes Flea Taxes Cemnunleatons Regular Salaries and Wages Regular Salaries and Wages Septa Sekdes and Wags R4ular 541rlas and Wars Rohr Salaries and Wage. R.guhr Sahr*s and Wale Regular Salaries and Wages Regular Salaries and Wages R.gul.r Wanes and Wages Ragular1akrles and wags Regular Whrlaa and Wages Regular Sabrlas and Wages Regular Salado and Wages kern Date Employer/3Pp9ller 7/21/2009 De Paxe.JaimC $ 7/24/2009 0a P..m, roan C 9 7/24/2009 DaPnos,luanC $ 7/24/2009 De Pss,NanC $ 7/24/2009 De P..w,luanC $ 7/21/2009 DaP..o.JwnC $ 7/24/2009 D. Paws, Juan C $ 7/24/2909 De P..os,lwat $ 7/24/2009 Ca Pamm, Juan 9 7/20/2909 D. Pa.or, Dart $ e/7/1909 Da Palos, Juan C $ Da Palos. Juan $ De Paaas, Fan $ De Paws, Juan $ De Pates, Juan $ be Pe.w, Juan $ D. Put., Aron $ CM P.m43=C $ Co Paste, inn $ De Paws, Juan $ D. Palos, Juan $ O 5Palo1,155,C $ 8/7/2009 Da Pam, Ian C $ 6/21/2009 De Paean, Juan $ 8/21/2009 Da Pam, Juan $ 8/21/2009 D. Pam, Juan $ 6/21/2009 Da Pam. Juan $ 6/21/2008 D.Paw. JuanC $ 8/212009 Da Pam, Juan $ 6/21/2009 Da Paws, Juan $ 6/21/2C09 D. Pass, Juan $ e/21/2009 Da Pales, Juan C $ 9/21/2009 DaPaws, Ju.nC $ 9/4/2009 De Paco. loon C $ 9/4/2009 94P.ws,JuanC $ 9/4/2009 De Pao!, JuinC $ 9/4/2009 Do 1,11o9,36rnC $ 9/4/2E09 Da Paco. Juan $ 9/4/2009 DoPses, Juan $ 9/4/109 De7ns,7uanC $ 9/4/1999 Da P..a.AenC S 9/4/1009 DaPalos, kern C $ 5/4/1009 De Pleas, Joan C $ 9/4/2009 De Paw. Nan C $ 9/18/2909 Da Naar, Dan C $ 9/96/2009 De Palos, Juan C $ 9/16/2009 Da Paws, Juan $ 9/16/2009 De Pima, Juan C $ 9/16/2009 De Pates, Aron C $ 9/1 /10W D.Pa.s, JuanC $ 9/16/2009 04 Pries, lsnC $ 9/16/1009 D. P..o. .1 .n C $ 9/19/2009 Oa PsoasnC $ 9/15/2009 De Piea.Jsnt $ 9/19/2009 0. Pans, Juan C $ 9/16/2009 Da Proms, Juan C $ 9/19/2009 De Paew, Juan $ 9/16/2009 De Paaoe,luanC $ 10/2/2009 0. P..c. Juan C $ 10/1/2009 De P.eos,Juan C $ 10/2/2009 De ter. Suva $ Expend Anil Cammant 731.13 For Shears Farmd on 194UL-2009 16741 Tor !Hours Wood on 14-111f2009 209.29 For1Hain Fame! on 1E-1UL-2009 167.45 tor Hours Earned on 16-l1L-2009 654.66 For Hours Earned on 17464009 25615 for 6 Hours Earned on 06-JU1-2009 251.15 Far 6 Hours !aeration 07•JUL.2009 954.86 Par 6 Hours famed on 06-11.6.-2009 137.43 Fora Hours Earned an 09-116.2009 251.19 For 6 Hours Earned on 10-JU1-2009 1.95 For Noun Wood on 2011.29 Far 9 Hours Famed on 23J1a.2009 251.15 For 6 Hours famed an 274U140OB 167.43 For 4 Ham gamed an 244111-2009 71.10 For Hairs Earned an 934.56 For8 Hours Famed an 24-JUL-2009 209.19 keg Haws Earned an 22JUL-2009 167.43 Faro Hours tamed on 20.61L•2009 69.72 Fart Heirs 6.mad an 50411L2009 154.65 Par 6 Hour.tamed on 9l-4U1.-2909 29115 Far 8 Hours Earned on 2941.1L-2009 16.76 Par Hours Earned an 10.53 For Houtz Earned on 104.03 For Hours Eared on 24.39 For Ham Earned on 15743 For 4 Hours Earned an 11-A116-2009 25L15 Far 6 Haan Eamad on 034064009 65.72 Fore Hears Eamad an 04-AU6-2009 751.15 Far 6 Haim Farad an 09-A9132009 125.58 Far Hours ramrod an 1$-41/6.2003 12356 For 3 Hours Earned on 12,4U0-2089 206.299 Far 5 Hours Eamad an 10-AU64009 25115 Far 6 Hours Famed an 07-AU63009 209.29 For Hours Farad an 17-A116-2009 103.29 For a Hours Woad on 27-4151-2009 193110 For? Hours Earned on 28J016-2009 113.71 Far Hours Eamad on 25.69 For Hevnhrsden 151.15 For 6 Hours Earned an 24-3116-2003 16745 Far4 Hours Easn.d an 25,AUD.2009 25115 Far Siloam bond en 26-AUG•2009 25115 For 6 Hours timed on 20-AUG-2009 16743 Far 4 Hairs Gamed on 19-AUG4909 16749 For Hours Eamadanl8-AU6-2609 13338 Far Hours Earned an 91.71 Par Hours Famed on 3.59 For Hears Famadon 19.92 Far Hans Famed en 157.46 Far Hours Earned on 99-SER4009 231.15 Far 6 Hems Earned on 069EP•2009 251.15 For 6 Hours Earned on 04-5EP-2095 334.66 For Hours Famed ona3-SEP-2009 167.43 For 4 Hours Eamad on 02369-2009 167.43 Per 4 Hours Farad en 01SEP-2009 151.15 For 6 Hours Fanged on 91-4.05-2001 354.35 For Hours Earned on 073EP-2909 151.15 for 6 Hours Earned on 11SEP-2909 167.46 For Hours Bernd on 103EP-2009 251.15 For 6 Hams Earned on 174E1,2009 13145 For 6 Hours Earned on 10-1EP-2909 69.72 For 2 Hours Earned ea 153EP-2009 • • 83O636, Museum Park 6apand1ure 11442114 Vendor E,DndType Regular Salaries and Wags Flee Tarns 11a8Waf blades and yaps Regular Salarlas and Wares Belida r Saladoend Wages Regular Salaries end Wages Fla. Taws Regular Salaries and Wages Raglarg.lulae and Wags Flo Tarns Flea Tama Pim Taxes Communications Ragan rSalaam and Wags haulm. Salado; and Weems Raglar%%larks and Wages RegularSelerla. and Wage Regular Selena. and Wages R.1ular S.larlas and Wap. Molar Ra1rt.s and Wares Regular Salaries and W.gas 649nlar Salado and Wages ander Salaam and Wages Regular$alada and Wales Fla Tarns 0gWerSalaHae and Wags Po Tams 6egugrrSalaries and Wager 17a Tales 6Jna Tam Communications Fro T.m R4glarSalaries and Wages Regular Salaries and Wages Eta Tans Ragular Wanes and Wags Pla Tsars Flee Taos Read/VS.IsNes and Mpg RegularS■laHes and Wage. Regular Saladas end Wags Regular Salaries and Wags Rapier Satan. and Meal Flo Tines ReginaSalaries and Wages ReglarSalaHes and Wages Regular Salaries and Wages Flo Tsars Fin Taxes Regular Salaries and Wag. Regular Salaries and Wags Raging. Salads and Wags Flea Tams RyW.r Salaries and Wages Flea Tana RelularSendai, and Wages Regular Salad. and Wages Regular Salaries and Wages Ragl.r Salaries and Wages Regular salades and Wages Hem Dad Employee/Supplier 10/2/2008 De Paso., bran C 10/2J20O9 be Pems,JuenC 10/2/2009 De Pemr,JuanC 10/2/2009 be Paao,JesnC 10/2/20O9 D. Pa.a.,JuanC 1O/2/20O9 De Paa.6,JeonC 20/2/2019 D. P..os, Juan 1O/2/20O9 De Fame,JuanC 10/2/2009 be Pesos, Juan 1O/16/2006 De Amos,JwnC 11014/0009 De Poses, Juan 10/16/2009 Oe Pesos, loon 15F112009 D. Poem, JuenC 10/16/3009 Da Polak Juan 10/16/2009 Da Puck JuaC 10/16/2009 De P.ms,Ju.nC 10/16/2009 Oe P.ms,JuenC 10/162009 De Pane, Hun 10/102009 De Amos, Juan 10/16/1009 De Peas, Juan C 10/16/2009 De Pesos, Ju.n C 10/30/2009 De Pagel, Juan C 10/30/2009 be Pesos,lua C 10/30/2009 De Paws, Juan C 1O/90/2009 be Pams,Juaa C 10/60/2009 O. Pam; Juan C 00/3O/2W9 D. Paws, Juan 10/90/2009 De Pame,JuanC 11/13/2009 be Pam;lun C 11/13/2009 De P.sos,lu.n C 15/13/2029 De Pesos, lua n C 11/19/2019 De Pams,JuaOC 11/13/2009 De Palos, roan C 11/13/2009 be Pesos, Juan C 1/6/20L0 De Pesos, roan C De P..lL Jean Ted 7/10/2009 Thomp.an, Bryan 7/10/2009 Thomason, Bryant 7/10/2009 Thompson, Bryant; 7/10/2009 Thompson, Bryan0 7/10/2009 Thompson, Bryan 6 7/10/1009 Thompson, Bryan G 7/10/2009 Thompson, BMn 6 7/10/2009 Thompson, Bryan 6 7/10/1009 Thompson, Bryan 6 7/10/2009 Thanrmaorr, Bryan 6 7/1/2009 Thomann, Bryan 6 7/24/1009 'Mammon, ernes 0 7/24/2009 Thompson, Bryan G 7/24/2009 Thompson, Bryant 7/24/2009 3I,,,,ny.,,n,6ryanG 7/24/2009 Thomaaen,61ym6 6/7/2009 Thompson, Bryanli 6/7/2009 Thompson, Sayan 6 8eg/2O09 Thorn pion, Bryn n6 8/7/2009 Thompson, Bryan 07/1009 Thompson, Bnya n G 1/7/2009 Thompson, Bryan 6 6/7/2009 /hampmn, Bryan 6 6/7/1009 Thmnpson, Bryan 6 6/7/211179 Thompson. bryanG lammed/UM Comment 251.15 Far 6Houm Fend an 18-5FP-2009 28.86 Far Haws Earned on 394.86 For a Hours Earned an 25-SEP-2009 167.49 Fero Hours Earned on 24-5E1,20O9 161.43 For4 Haws Famed on 29-9EP-2029 167-43 For4 Haan Earned on 22-5E1-3009 123.39 For Hours Famed an 251.15 Far 8 Hours E.rnad en 14-5EPd00O 209.29 Fors Hours Famed on 21.50 -2609 13.02 Per Hours Famed on 1-51 For Haurs lamed on 35.69 For Noun Famed on 8.18 For Hours lamed on 83.72 Far 2 Hours Earned on 07-OCT-2009 167.49 Fora Hours Ruud on 28P-2009 4286 Far 1 Hours Earned an 29-99-2009 41-66 For 1 Hoam gamed on 20-19P-2O09 16769 Far4 Haan limed an asOCT-2009 16763 For 4 Hours Earned on 06-0LT-2009 187.45 For4 Hours Earned an O8.0C1,2009 125.58 Far Hear tamed an 09-0CT-2009 83.71 For 2Hows famed an 21-OCT-2009 83.72 Fort Haul Farnedonl8.00T-2009 209.29 For Hours Eamad onl9-0Cf2009 41.13 For Hours Earned en 83.72 For 2 Hours Earned on 22-0CT-20O9 9.62 For Hours Earned on 251.16 Far 6 Hours Enna! on19-OCT-2009 14.69 For Hama Earned on 1.64 For Hoar Earned an 9.88 For Hama gamed an 63.67 For Hours Earned an 78.99 For 2 Hours Ea mad on 27-0CT--2009 7666 For 2 Ham Earned on 29-OC1,2009 164 For Hours Eanad on 17612.28 204.39 Far 5 Hours Earned an 16JUN-2009 2g.2O For Hours Earned an b.49 For Hours Earned on 40.67 Far 1 Hours f.rmd on 19-1UN-2009 40.67 Far 1 Hours 1.rn.d on 25J6N-2009 40.67 For 1 Hours Earned on 01-151-2009 40.87 For 1 Hours Samoa on 234UN-2009 61.30 For 1.5 Hours famed on 06-7UL-2009 660 Far Hewn Unladen 6230 Par 11 Hours Earned on 02-101.-2 03 20.44 For .6 Hours earned an 24-1101-7009 61.74 For 2 Ham Earned on 14-1U1.-2009 S.66 Par HounEarned on 1.92 For Hour's tamed an 81.74 For 2 Hours Earned on 10-11.6.-2009 40.87 For 1 Hours Earned on 09-00.20O9 61.74 For 2 Haun tamed an 27JU3.2809 6.17 Far Hours Earned on 81.74 Fart Hours Earneden 31J111Q009 26.4O Fur Hours Ea mad on 40.87 For 1 Hours Earned on 29-1UL-20031 40.67 For 1 Haan E.rmd an 244U42009 4O17 For 1 Homo 6amad on 28-1UL-2008 102.17 For 23 Hones gamed on 21JU420O9 40.87 For 3Heun Ramadan 20-6IL-26O9 • • • B30531, Museum Park BRpendlture Deng by Warder !alma Tyra Flea Taxes Rgd., Sawrles end Miss Regular Sehrles end Wages Angular Ahrlas end W µes Regular3ehrks and Wages Ra1ulsrSalaries and Wages Regular Salaries and Wages Regulars fides end Wages Flea Tears Flea Talus RegularSalarlaa and Wages Flea Tares Flea Tarns Rep* 0a4Hrs sod WMEes Rngul.ralarks and Wages RqularSalark. and Wages Regular3alar4s and Wage Regular Wades and Wags Flea Tam RnguhrSalaries and Wages Regular Salaries and Wags BMW Salaries and Wages Roo Takes Regular Salaam and Wages RasularSal.rin and Wages Regular Wades and Wage FMB Taxes ReguhrSalaries end wags Fka Taxes Proof. Salaries and Wages %edit Salaries and Wages Raguhr3•lerlas sod Wages Rnguhralarlu and wags Regular&alof. and Wages Regal's,.Salaries and Wagss Fka Taxer Regdaralarlee and Wages Flea Taxis RegtdarSalaries and Wags Reguhr SBIsHea.nd Wagas Fka Taxes Ms Taxes Flea Taxes Fka Taxes Regular Sderles end Wages Regular Wanes and Wages Regular Sahl4es and Wages Regular Wargo and Wages Regular Salaries and Wages Flea Taxes Flea Taxes Flea Taxes Regular Wands and Wages Regular &dines and Wages Flea Tam Flu Taxes Rego ler%alarks and Wages Flea Taste Flea Taxes Flea Tana. Ham Data Enplayae/Supplrer 8/7/2009 Thompson, Bryan6 8/7/2005 Thompson, Bryant 81/7/2009 Thompson, anona 8/7/2009 Thompson, gran 0/21/2009 Thompson,emnG 021/2000 Thompson, Bryan G 8/21/2009 Thompson, Bryant 8121/2009 Thompson,lmn8 B/21/2009 Thompson, Bryant 8/21/2009 Thompson, 'rya n6 6/21/2009 Thompson. loon 9/4/1009 Thompson. BryanG 9/4/2009 Thompson, Bryant 9/4/2009 Thompson, Bryan 9/4/2009 Thampsan,BryanG 9/4/2009 Thompson, Bryon 9/4/2009 Thompsen,eryanG 9/4/2009 Thompson, 8ryanG 0/16/2009 Thompson, Bryan 9 9/16/2009 Thompson, Bryan 0 6/16/2009 Thompson, Bryan G 9/18/2009 Thdnpmn, Wan G 9/18/2009 Thompson, Bryan G e/16/2009 Thompson, Bmn 0 9/18/2009 Thompson, Bryan G 9/13/2909 Thompson, Bryan 9/18/2009 Thompson, Bryan G 9/19/2009 Thompson, Bmn G 10/2/2009 Thompson, Bryan G 10/2/1009 Thompson, Bryan G 10/2/2009 Thompson, Bryan G 10/7/2009 Thompson, Bryan G 10/2/2009 Thompson, Bryan G 10/2/2009 Thompson, Bryan G 10/2/21109 Thompson, Bryan 10/2/1009 Thompson, Bryan G 90/e6/2099 Thompson, Bryan G 10/16/2009 Thompson, gmn G 10/18/2004 Thompson, Bryan G 10/16/2009 Thompson, Bryan G 10/18/2009 Thompson, Bryan G 10/18/2009 Thompson, Bryon G 10/30/2909 Thompson, Bryan G 10/30/2009 Thompson, Bryan G 10/e0/2099 Thompson, Bryan G 10/30/2009 Thompson, Bryan G 10/30/2009 Thompson, Bryan 10/30/1909 Thompson, Bryan 9 11/13/2009 Thompson, Bryan 11/13/7009 Thompson, Bryan G 11/13/2009 Thompson, Bryan G 11/13/2009 Thompson, BM. 0 11/13/1009 Thompson, Bryan 11/13/2009 Thompson, Bryant 12/11/2009 Thompson, Bryant 12/11/2009 Thompson, Bryant Thompson, Bryan G7.9d 11/13/2009 Dies, Odardol 11/13/1009 DI.s,Orland,J 11/13/2009 beer, OrhdoJ 11/13/2009 ale; Mendel Expend Omr Commend 048 For Hours Earned on 169.47 Fero Hours Arced an 21401-7005 BL74 For/ Hours broad an 61-81-2009 40.87 For 1 Hours famed on 29-JUJl-2009 40.97 Fort Hours Tarn.d an07-RW-I003 20.44 For 9 Hours broad on 03-AUG-2009 20483 far5 Hours famed anti-AUG-2009 4087 For 1 Hours Earned an 13 403.2009 1934 Far Hours Camel en 496 For Hours Earned an 40.67 Far 1 Hams Eamedon O0-AUG-2009 4.36 Far Hours gamed an 1986 for Yours lamed on 9L30 for 1.5 Hours Eamd an 20-AU&2009 40.87 far 3 Houk Esmsd on 23-A45-2009 BL74 Far 2 Hours Esmsd on 18-AUG.2009 40.97 for 1 Hours Eamdd on 10-AU0h2009 127.80 Tar 9 Hours Eamdd on 19-AU8-1009 0.e4 for Hours lamed on 24520 For 6 Hours Famed an 03.9E1-3009 4087 for Hours Earned on 043EP-2009 81.74 Fen l Hours lamed on0669Fd009 97.33 For Hours gamedan 4047 For 1 Hours Earned on 11-SER2009 8174 Fart Hours Eemad en 91.AUG.2009 111.74 Foci Hours Eam.don 01-00p-1009 9.73 For Hours Eamd on 122.60 Fora Hoots Earned on 09-S*F-2003 385 For Hour Enmd on 8174 Fort Haun tamed on 17-5EF 2000 2044 For 9 Horns Eamd on 16613,2009 4087 For 1 Hours Arid on 15-514-2009 9174 Fore Haan Fared on 25s11-2009 40.97 For t1Wurs Earned on 2456,2009 4017 For 1 Hours Elwood on 18GEF.1009 1647 For Hours Brand on 40.87 For 1 Hours Earned on 90.9EP-2009 i94 For Hours Earn.d an 40.07 For 1 Hour Earned an 06.0CT-2009 BL74 For 2 Hours Eernd on 29-3E4.2009 209 For Haws Eamadan 0.15 For Hours Amd on 209 For Hours tamed on 6.94 For Hove Eamd on 4087 For 1 Hour Famed an 10-OCT-2609 40.97 For ]Hours lamed on 13-08T-2009 40.87 For 1 Hours Earned on 16-0LT-2009 40.87 For 1 Hours Earned an 23-0CT-2009 77.08 For 2 Haunt Earned an 27-0CT-2009 14.90 Far Hams Inroad or 0.27 For Hears Earned an 3.48 For Hours Earaed an 3814 For 1 Hours Earned on 06-HOVda09 18,54 Fort Hours Ea mad on03-HOV-2009 0.15 Far Hours Earned an 190 For Hours gamed en 3,833.73 74.82 Fort Hours flamed on04-HOV-2009 1.22 For Henn hood on 16.50 For Hours Eared on 988 For Hours Earned en • • • 636538, Museum Perk Expenditure betel by Vendor Expnd type Communications Regular SatsHts and Mies Regular Sandes and Wages Regular salaries end Wage Flu Fuss Rquiar sandp, and Warts Fla Tams transfer 0nt-EnglneSd 1 Fees Silary Item pate Employee/Supplier Oka, OrlandoiTnM 10/16/2009 Satin; Nerd P 10/16/2009 Sena, 3faria P 10/16/2009 Saone, Marts P 10/16/2009 Seen, Marts P 10/16/2009 3aeas, Mach P 10/16/2009 Saone, Marts P 10/16/2008 Saan4 Merl P Sacra, Mons P Toter 9/27/2008 9/26/2009 Groaned Expend Amt Comment 96,40 3.60 For Hours Wood on 07.94 For Hours Caned anal-OCT-1009 133.89 For 2 Hours Famed on 02- C 2009 130.98 For 2 Hours Ennui( on 06.00,21109 167 Far Hours Earned on 67.94 For 1 Hours Earned on 09.0CE-10o9 3.73 Far Hours Earned on 429.96 55,692.00 91093006-CIP-En6lneedng Fees 2008 -1E 34,301(.62 y6094009.GIP•Enaloaedn1 Foes For 20093E d,399,93Lfl • • • OM:I1:1,14 • • kf[ frt "rJ N .0. CITY OF IMAM] DEPARTMENT OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT SERVICE CATEGORY: CONTRACT TYPE: PROJECT NAME: PROJECT No.: CONSULTANT: CONSULTANT'S OFFICE: CITY AUTHORIZATION: CITY CONTRACT No.: ARCHITECTURAL & ENGINEERING SERVICES PROJECT SPECIFIC MUSEUM PARK PROJECTS 42-3935-8'B-0539 COOPER, ROBERTSON & PARTNERS, LIP. 311 WEST 43R° STREET NEW YORK, NY 10036 212 247-1717 RESOLUTION No. 07-0356 07-749 • TABLE OF CONTENTS RECITAL 1 ARTICLE 1 DEFINITIONS 2 ARTICLE 2 GENERAL CONDITIONS 3 2.01 TERM 3 2.01 -1 Commencement 3 2.01 -2 Time 3 2.02 SCOPE OF SERVICES 3 2.03 COMPENSATION 3 ARTICLE 3 PERFORMANCE 3 3.01 PERFORMANCE AND DELEGATION 3 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 3 3.03 CONSULTANT KEY STAFF 3 3.04 TIME FOR PERFORMANCE 4 3.05 DESIGN RESPONSIBILITIES 4 ARTICLE 4 SUB -CONSULTANTS 4 4.01 GENERAL 4 4.02 SUB -CONSULTANT RELATIONSHIPS 4 4.03 CHANGES TO SUB -CONSULTANTS 4 ARTICLES DEFAULT 5 5.01 GENERAL 5 5.02 TIME TO CURE DEFAULT: FORCE MAJEURE 5 ARTICLE 6 TERMINATION OF AGREEMENT 5 6.01 CITY'S RIGHT TO TERMINATE 5 6.02 CONSULTANT'S RIGHT TO TERMINATE 5 6-03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 5 ARTICLE 7 DOCUMENTS AND RECORDS 5 7.01 OWNERSHIP OF DOCUMENTS 5 7.02 DELIVERY UPON REQUEST OR CANCELLATION 6 7.03 RE -USE BY CITY 6 7.04 NONDISCLOSURE 6 7.05 MAINTENANCE OF RECORDS 6 ARTICLE 8 INDEMNIFICATION 7 9.01 COMPANIES PROVIDING COVERAGE 7 9.02 VERIFICATION OF INSURANCE COVERAGE 7 9.03 FORMS OF COVERAGE 7 • • 9.04 ARTICLE 10 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09 10.11 10.12 10.13 10.14 10.15 ATTACHME ARTICLE Al A1.01 A1.02 A1.03 A1.04 A1.05 A1.06 ARTICLE A2 A2.01 A2.02 A2.03 A2.04 A2.05 A2.06 ARTICLE A3 A3.01 ARTICLE A4 A4.01 A4.02 ARTICLE A5 A5.01 PROJECT & SITE INFORMATION A5.03 CONSTRUCTION MANAGEMENT MODIFICATIONS TO COVERAGE MISCELLANEOUS AUDIT RIGHTS ENTIRE AGREEMENT SUCCESSORS AND ASSIGNS TRUTH4N-NEGOTIATION CERTIFICATE APPLICABLE LAW AND VENUE OF LITIGATION NOTICES INTERPRETATION PRIORITY OF PROVISIONS COMPLIANCE WITH LAWS DISCRETION OF DIRECTOR CONTRACT DISPUTE RESOLUTION MEDIATION -WAIVER OF JURY TRIAL INDEPENDENT CONTRACTOR PERFORMANCE EVALUATION NT A - SCOPE OF WORK GENERAL RANGE OF. SERVICES STATUS OF COMPONENTS OF PROJECT COORDINATION MEETINGS DESIGN CRITERIA PROFESSIONAL SERVICES NON-EXCLUSIVE RIGHT PAYMENTS BASIC SERVICES DEVELOPMENT OF OBJECTIVES SCHEMATIC DESIGN DESIGN DEVELOPMENT CONSTRUCTION DOCUMENTS BIDDING AND AWARD OF CONTRACT ADMINISTRATION OF THE CONSTRUCTION CONTRACT ADDITIONAL SERVICES GENERAL REIMBURSABLE EXPENSES GENERAL SUB -CONSULTANT REIMBURSEMENTS CITY'S RESPONSIBILITIES 8 8 8 8 8 8 8 6 9 9 9 9 9 10 10 10 13 13 13 13 13 13 13 14 14 14 14 15 15 16 16 20 20 21 21 21 21 21 22 • • • A5.04 LEGAL AND OTHER SERVICES 22 SCHEDULE Al 23 PROJECT DESCRIPTIONS 23 SCHEDULE A2 - SUB -CONSULTANTS 24 SCHEDULE A3 - KEY PERSONNEL 25 ATTACHMENT 8 - COMPENSATION AND PAYMENTS 27 ARTICLE B1 COMPENSATION FOR SERVICES 27 B1.01 COMPENSATION LIMITS 27 81.02 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 28 ARTICLE 133 COMPUTATION OF FEES AND COMPENSATION 28 133.01 LUMP SUM 28 B3.02 HOURLY RATE FEES 28 B3.03 REIMBURSABLE EXPENSES 28 B3.04 FEES FOR ADDITIONAL SERVICES 29 83.05 PAYMENT EXCLUSIONS 29 B3.06 FEES RESULTING FROM PROJECT SUSPENSION ,29 ARTICLE B4 PAYMENTS TO THE CONSULTANT 29 B4.01 PAYMENTS GENERALLY 29 84.02 COMPENSATION FOR CONSTRUCTION ADMINISTRATION 29 84.03 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 30 84.04 DEDUCTIONS 30 ARTICLE BS REIMBURSABLE EXPENSES... 30 85.01 GENERAL 30 135.02 REIMBURSEMENTS TO SUB -CONSULTANTS 30 ARTICLE B6 COMPENSATION FOR REUSE 31 86.01 GENERAL 31 EXHIBIT A - MAP OF PROJECT LIMITS EXHIBIT B - COMPONENT STATUS & ACTIONS EXHIBIT C - STATUS MATRIX EXHIBIT D - DESIGN CRITERIA PROFESSIONAL SCOPE OF SERVICES • • • THIS AGREEMENT made this a Li day of Ober in the year 2008 by and between the City of Miami, Florida, hereinafter called the "City," and Cooper, Robertson & Partners, LLP., a New York Limited Liability Partnership, hereinafter called the "Consultant." RECITAL A. City issued a Request for Qualifications ("RFQ") No. 05-06-119 on January 29, 2007 for the provision of Architectural and Engineering Services for the design of the Museum Park. The. Consultant's proposal. ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full. B. WHEREAS, City, through action of the City Commission has selected Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of City Procurement Ordinance, to provide the professional services as described herein by Resolution No. 07-0356, adopted June 14, 2007 and authorized the City Manager to negotiate this Agreem ent C. WHEREAS, the City, through action of the City Commission, by Resolution No. 07-031, adoptediti ) ems?], has authorized the City Manager to execute this Agreement WITNESSETH, that City and Consultant, for the considerations herein set forth, agree as follows: Consultant's tnitials City's Initials Page 1 City Contract No. 07-749 • • • ARTICLE 1 DEFINITIONS 1.01 Actual Construction Cost means the construction cost during the performance of the Construction Administration Services. 1.02 Additional Services Means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.03 Attachments mean the attachments to this Agreement which are expressly incorporated by reference and made a part of this Agreement as if set forth in full, 1.04 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.05 Basic Services means those services designated as such in this Agreernent, including the Attachments hereto. 1.06 City Commission means the legislative body of City of Miami. 1.07 City Manager means the duly appointed chief administrative officer of City of Miami. 1.08 City means City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of the Project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and .shall not be attributable in any manner to City as a party to this Agreement. For the purposes of this Agreement, "City" without modification shall mean City Manager or Director, as applicable. 1.09 Construction Administration means the act of managing all aspects of construction from issuance of bid documents to issuance of a certificate of occupancy and final release of liens. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability partnership, or any combination thereof, of properly registered professional architects, landscape architects and/or engineers, which has entered into this Agreement to provide professional services to City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with City for construction of City facilities and incidentals thereto. • Consultant's Initials PROFESSIONAL SERVICES AGREEMENT 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific Project or projects covered under this Agreement. For the purpose of this Agreement, the Director is the top administrator of the Department of Capital Improvements or Agent. 1.13 Force Majeure means an event as interpreted under Florida Statutes. 1.14 Hourly Rates means the effective direct expense to Consultant and/or Sub-consuttant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.15 Inspector means an employee of City or of a consulting firm hired by City and assigned by City to make observations of Work performed by a Contractor. 1.16 Museum Master Plan or Master Plan means the document prepared for the City by Cooper, Robertson & Partners dated November 15, 2006 and the Master Plan sketch presented in the City Commission meeting of March 13, 2008. 1.17 Museum Park means the revitalized 30+ acre City -owned parcel of land currently known as Bicentennial Park In 2000, the City Commission passed a resolution to renew Bicentennial Park as a "premier public park." During that time, the Miami Museum of Science and the Miami Art Museum completed .a multi -year site and funding analysis for the development of new, world -class institutions at Bicentennial Park. The trustees of both the Miami Art Museum and the Miami Museum of Science adopted a joint resolution establishing the collaborative goal of creating "Museum Park Miami" in Bicentennial Park. 1.18 Notice To Proceed means a duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that Consultant may begin Work on a Project or a specific task of the Project as outlined in the Scope of Work. 1.19 Pre -Construction Manager means an entity hired to provide cost, scheduling, constructabiiity reviews and other services. Project Management firm may be engaged to provide Construction Management Services. 1.20 Project Manager means an employee or representative of City assigned by the Director to manage and monitor the Work to be performed under this Agreement and the construction of the Project as a direct representative of City. Page 2 City Contract No. 07-749 City's Initials • 1.21 Project means the planning, design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility known as Museum Park as contemplated and budgeted by City. The Project shall be further defined in the Scope of Services section of this Agreement. 1.22 Professional Services means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor or mapper in connection with his or her professional employment or practice. 1.23 Reimbursable Expenses means those services authorized by City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub- consultant(s). 1.24 Risk Administrator means City's Risk Management Administrator, or designee, or the individual named by City Manager to administer matters relating to insurance and risk of loss for City. 1.25 Scope Of Work or Work means a comprehensive description of the activities,. tasks, design features, objectives, deliverables and milestones required for the completion of the Project as defined herein. The Scope of Work for this Agreement is attached hereto and incorporated as Attachment A. 1.26 Sub -Consultant means a person or organization of properly registered professional architects, landscape architects, engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a written agreement with Consultant to furnish specified professional services for the Project or task. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM 2.01 -1 Commencement The term of this Agreement shall commence upon execution of this Agreement and conclude upon the completion and acceptance of the Work by the Director unless terminated earlier as provided herein. 2.01 -2 Time Time is of the essence in this Agreement. 2.02 SCOPE OF SERVICES Consultant agrees to provide the Services as specifically described and under the terms set forth in this Agreement, including the special terms and conditions set forth in Attachment `A", as same may be supplemented by mutual agreement of the parties, Consultants Initials PROFESSIONAL SERIVCES AGREEMENT which by this reference is incorporated into and made a part of this Agreement. The Work shall be based on the March 13, 2008 plan which is hereby incorporated by reference and made a part of this Agreement. 2.03 COMPENSATION 2.03-1Compensation Limits The maximum amount of compensation payable by City to Consultant, including reimbursable expenses and an additional services allowance, shall be a not to exceed fee of $5,991,000.00. The Compensation Amount is based on fee of $5,081,000 for Basic Services, and $910,000 for reimbursable expenses and additional services as set forth in Article B.1. 2.03-2. Payments Payment shall be made within thirty (30) days after receipt of an acceptable invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Professional Services to be performed hereunder shall be performed by Consultant's own staff and the Sub -consultants identified in this Agreement, unless otherwise approved in writing by City. Said approval shall not be construed as constituting an agreement between City and said other person(s) or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director may make written request to Consultant for the prompt removal and replacement of any personnel employed or retained by Consultant, or any Sub -consultants, or any personnel of any such Sub - consultants engaged by Consultant to provide and perform services or Work pursuant to the requirements of this Agreement Consultant shall respond to City within five (5) working days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by Consultant. 3.03 CONSULTANT KEY STAFF The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key Personnel". Consultant shall ensure that Key Personnel as detailed in Schedule A-2 are available for Work hereunder as long as said Key Personnel are in Consultant's or Sub -consultant's employ. Page 3 City Contract A1o, 07-749 City's Initials • Consultant will obtain prior written approval of Director or Agent to change Key Personnel. Consultant shall provide Director or Agent with such information as necessary to determine the suitability of proposed new Key Personnel. Director will act reasonably in evaluating Key Personnel qualifications. 3.04 TIME FOR PERFORMANCE Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the Director and to complete each assignment, task or phase within the time stipulated in the Notice to Proceed based on the schedule set forth in Section A2.07. Time is of the essence with respect to performance of this Agreement. A reasonable extension of the time for completion of various assignments, tasks or phases will be granted by City should there be a delay on the part of City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claim by Consultant for extra compensation. 3.05 DESIGN RESPONSIBILITIES 3.05-1 Errors and Omissions Consultant shall be responsible to promptly make corrections to Consultant's Work when Consultant's Work is found to contain discrepancies, errors or omissions. To the extent that such discrepancies, errors or omissions are the fault of Consultant, costs associated with corrections of Consultant's Services, and delays and/or costs of the construction work resulting from, loss of use, increased costs of construction, cost for correction or replacement of construction work already performed, and damages associated with the Contractor's Work or the work of other Project participants, resulting from such discrepancies, errors or omissions shall be borne by Consultant. 3.05-2 Acceptance of Existing Work Product Cooper, Robertson & Partners, by separate agreement, has prepared the Master Plan for Bicentennial Park. In addition, Cooper, Robertson & Partners has prepared schematic designs and design documents for portions of the Project which shall be revised based upon the Plan presented in the City Commission meeting of March 13, 2008. Consultant shall prepare their construction documents based on such revised schematic design and design development documents. . 3.05-3 Nonconforming Work Consultant shall promptly give notice to City of any defective or nonconforming Work of the Contractor or any other Project participant whenever discovered by Consultant and whether before or after the date of Substantial Completion of the Contractor's Work. All Work is to be in compliance with applicable codes. • AI Consultant's Initials PROFESSIONAL SERIVCES AGREEMENT 3.06 MEETINGS During design, Consultant shall schedule, at a minimum, bi-weekly meetings with City. At such meetings, Consultant will discuss schedule, budget, scope and any specific design issues needing attention. Consultant shall keep meeting minutes and action item lists for ail such meetings. Special meetings may be required on a more frequent basis to address specific design issues. ARTICLE 4 SUB -CONSULTANTS 4.01 GENERAL 4.01-1 A Sub -consultant is a person or organization of properly registered professional architects, landscape architects, engineers, registered surveyors or mapper, and/or other qualified professional that has, with the consent of the Director, entered into a written agreement with Consultant to furnish Professional Services under this Agreement, that was identified as part of the consulting team in the competitive selection process by which Consultant was chosen to perform the services under this Agreement or subsequently by the Director, and as such, is identified and listed in Schedule A2 attached hereto. 4.01-2 A Specialty Sub -consultant is a person or organization that has, with the consent of the Director, entered into a written agreement with Consultant to furnish unique and/or specialized Professional Services necessary for the Project or task described under Additional Services. Such Specialty Sub - consultant shall be in addition to those identified in Schedule A2. 4.02 SUB -CONSULTANT RELATIONSHIPS 4.024 Alt services provided by the Sub -consultants shall be performed pursuant to appropriate written agreements between Consultant and the Sub - consultants, which shall contain provisions that preserve and protect the rights of City under this Agreement. 4.02-2Nothing contained in this Agreement shall create any contractual or business relationship between City and the Sub -consultants. Consultant acknowledges that Sub -consultants are entirely under its direction, control, supervision, retention and/or discharge. 4.03 CHANGES TO SUB -CONSULTANTS Consultant shall not change any Sub -consultants listed in Schedule A2 without prior written approval by the Director, in response to a written request from Consultant stating the reasons for any proposed substitution. Such approval shall not be unreasonably withheld, conditioned, or delayed by the Director. Page 4 City Contract No. 07-749 City's Initial • • ARTICLE 5 DEFAULT 5.01 GENERAL If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder, City, in addition to all remedies available to it by law, may immediately, upon written notice to Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by City to Consultant while Consultant was in default shall be immediately returned to City. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default of Consultant, in addition to the foregoing, Consultant shall be liable to City for reasonable and immitigable costs and expenses incurred by City in the re - procurement of the Services. In the event of default, City may also suspend or withhold reimbursements from Consultant until such time as the actions giving rise to default have been cured. 5.02 TIME TO CURE DEFAULT: FORCE MAJEURE City shall provide written notice to Consultant as to a finding of default, end Consultant shall take all necessary action to cure said default within fifteen (15) days of receipt of said notice. Failure to cure the default in the stipulated timeframe may result in City Manager terminating this Agreement. City Manager or Director may, in their sole discretion, extend in writing the timeframe for curing said default. If any such failure on the part of Consultant is due to a condition of force majeure as that term is interpreted under Florida law, then City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If Consultant is delayed in performing any obligation under this Agreement due to a force majeure condition, then Consultant shall request a time extension from City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by Consultant for extra compensation unless Additional Services are required. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE 6.01-1 City has the right to terminate this Agreement for any reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other t Consultant's Initials PROFESSIONAL SERIVCES AGREEMENT documents related to Work authorized under this Agreement, whether finished or not, muss be turned over to City. If the termination is without cause, the Consultant shall be paid in accordance with provisions of Attachment 6, provided that said documentation is turned over to City within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Consultant until all documentation is delivered to City. 6.01-2 Consultant shall have no recourse or remedy from a termination made by City except to retain the fees already disbursed or owing as compensation for the Work that was performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will have against City, its officials or employees. 6.02 CONSULTANT'S RIGHT TO TERMINATE Consultant shall have the right to terminate this agreement, in writing, following breach by City, if breach of contract has not been corrected within sixty (60) days from the date of City's receipt of a written notice from Consultant specifying City's breach of its duties under this Agreement. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without compensation. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, models and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered "work for hire" as such phrase is defined in Section 101 of Title 17 of the United States Code (Public Law 94-533) and all title, ownership and copyright privileges are and at all times shall be the property of City without restriction or limitation on their use, and will be made available, Page 5 City Contract No. 07-749 City's Initials • • • on request, to City at any time during the performance of such services and/or upon compietion or termination of this Agreement. Consultant and its Sub -consultants' electronic CADD (Computer Assisted Design and Drafting) files, tapes, disks, and similar items remain the property of City. Consultant will provide these electronic items upon the request of City or upon completionftermination of this Agreement. Consultant shall provide documents to others at the direction of City consistent in content and format with . normal document production as determined by City. City understands that the use and conversion of Electronic Data to an alternate format may not be accomplished without the potential for introduction of anomalies or errors and that changes or modifications by anyone other than Consultant may result in adverse consequences that Consultant can neither predict nor control. Accordingly, City agrees that Consultant shall not be liable for and hereby waives all claims arising out of or connected with (a) the use, modification or misuse by City of such Electronic Data; or (b) the decline of accuracy or readability of the Electronic Data due to storage conditions, the passage of time, or otherwise; or (c) any use of said electronic data by any third parties receiving the electronic data from City. City agrees that the design documents to be provided by Consultant will contain certain standard Consultant component design details from Consultant's Best Practices Detail Library, which standard component details shall remain the property of Consultant. These details are repetitive in nature, not project -specific, function rather than form -oriented, and were not developed for or identifiable with the Work. Continued use by Consultant will not compromise the complete transfer to City of the unique features of the design for the Work and will not result in a compromise of City's absolute right, title and ownership to the work product and design documents herein. Consultant will not be liable for use by City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. Consultant shall not copyright any material and products or patent any invention developed under this Agreement. City shall have the right to visit the site for inspection of the Work and the products of Consuttant at any time. Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with City's use and occupancy of the Project. Consultant retains the right to utilize the drawings for promotional and marketing purposes. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of Consultant to promptly deliver all such documents to the Director within ten (10) days of cancellation, or within ten (10) days of request by City, shall be just cause for City to withhold payment Consultant's Initials PROFESSIONAL SERIVCES AGREEMENT of any fees due Consultant until Consultant delivers all such documents. Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at City's sole option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. Consultant will not be liable for use by City of plans, documents, studies, or other data for any purpose other than intended by the terms and conditions of this Agreement. 7.04 NONDISCLOSURE To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents. and Sub -consultants to comply with the provisions of this Article. 7.05 MAINTENANCE OF RECORDS Consultant will keep adequate records and supporting documentation, which concern or reflect its Work hereunder. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with statute. Otherwise, the records and documentation will be retained by Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. City, or any duly authorized agents or representatives of City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above; provided, however such activity shall be conducted only during normal business hours. 7.06 DOCUMENTS PROVIDED BY CITY While the City does not warrant the accuracy of any existing documentation relative to the existing facility, Consultant shall have the right to rely on ail existing documentation provided by the City except such information as the City and Consultant agree shall be field verified. Consultant shall notify City, in writing, of any errors in existing documentation as soon as such error is discovered. In no way shall City or Consultant be liable for existing field conditions. Page 6 City Contract No. 07--749 City's Initials • • • ARTICLE 8 INDEMNIFICATION Consultant shall hold harmless, indemnify and defend City, its officials and employees from any and all claims, losses and causes of actions which arise out of the performance of this Agreement as a result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of Consultant or its Sub -consultants. Consultant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all Project related suits, in the name of City when applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attomey's fees, and judgments which may issue thereon. Consultant's obligation under this Article shall not be limited in any way by the agreed upon compensation, or Consultant's limit of, or lack of, sufficient insurance protection and shall only apply to the full extent that it is caused by the negligent act or omission, recklessness or intentional wrongful conduct of Consultant, its agents, servants, representatives or Sub -consultants. Consultant will perform services in a manner consistent with that level of care and skill ordinarily exercised by other members of the Consultant's profession currently practicing in the same locality under similar conditions. ARTICLE 9 INSURANCE 9.01 COMPANIES PROVIDING COVERAGE Ali 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 feast A(X), as per A.M. Best Company's Key Rating Guide, latest edition_ 9.02 VERIFICATION OF INSURANCE COVERAGE Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that Consultant has obtained insurance of the type, amount and classification required by these provisions. Consultant shalt maintain coverage with equal or better rating as identified herein for the term of this Agreement. Consultant shall provide written notice to City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within thirty (30) days of the change. Consultant shall furnish a copy of the insurance policy or policies upon request of the Risk Administrator. Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Risk Administrator within ten (10) days of written request. Al Consultant's Initials PROFESSIONAL SER1VCES AGREEMENT 9.03 FORMS OF COVERAGE 9.03-1 Minimum Insurance Coverage The following requirements illustrate the minimum coverages required by the City. The City reserves the right to request higher coverage amounts once the Consultant's Scope of Work is negotiated. Prior to contract execution or at anytime thereafter, the required coverages may change as a result of a change in the Scope of Work. Should additional insurance be required by the City, Consultant may be reimbursed by the City for the actual cost of such insurance. 9.03-2 Commercial General Liability and Automobile Liability Coverage shall have minimum limits of $1,000,000 per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractors and Contractual Liability. Automobile coverage including owned, hired, borrowed or non - owned autos, with a combined single limit of at least $1,000,000 Bodily Injury and Property Damage Liability for any one accident. City of Miami shall be named an additional insured on both of these coverages. 9.03-3 Professional Liability Insurance Consultant shall maintain Professional Liability coverage with limits of at least $5,000,000 aggregate, providing for all sums which Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by Consultant or any person employed by Consultant in connection with this Agreement, subject to the limits of the Consultant's Professional Liability Insurance.. These insurances shall be maintained for at least two (2) years after completion of the construction and acceptance of the Project covered by this Agreement. Consultant shall not be liable for errors and omission relative to the accuracy of the survey and geotechnical reports and plans. Consultant shall be liable for designing the Project to the survey and geotechnical reports and plans provided to the Consultant. Professional Liability Insurance will not cover the survey and geotechnical Work managed by the Consultant, where the City has contracted for such services under separate contract. The Consultant shall have no liability or responsibility for the accuracy of the survey or geotechnical Work. 9.03-4 Worker's Compensation Insurance Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000 each occurrence. 9.03-5 Sub -Consultant Compliance Page 7 City Contract No. O7-749 City's Initials • • Consultant shall ensure that all Sub -consultants comply with these same insurance requirements, with the exception that Professional Liability shall be a minimum of $1,000,000 or the maximum carried by each Sub -Consultant, whichever is greater. The City may require increases in such insurance, at its sole discretion, in accordance with Article 9.04 below. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or its authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to Consultant in accordance with §10.06 herein. Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional compensation for reimbursement of any additional costs from City. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS City reserves the right to audit Consultants accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by Consultant 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred, pledged, sold, delegated or assigned, in whole or in part, by Consultant without the written consent of City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall give the City a right to terminate this Agreement. Consultants services are unique in nature and any transference without City approval shall be cause for City to cancel this Agreement Consultant shall have no recourse from such cancellation. City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the Consultant's Initials PROFESSIONAL SERIVCES AGREEMENT execution of an Assignment/Assumption Agreement in a form satisfactory to City Attorney as a condition precedent to considering approval of an assignment. Consultant and City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE in compliance with Consultant's Competitive Negotiation Act, for any project to be compensated under the Lump Sum method, Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which City determines the Project price was increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs_ All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attomey's fees except in actions arising out of Consultant's duties to indemnify City under ARTICLE 8 where Consultant shall pay City's reasonable attomey's fees. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested or electronic mail, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City Of Miami: Mr. Gary Fabrikant, Assistant Director Dept of Capital . Improvements Program (GIP) City of Miami 444 S.W. 2"w Avenue - Bel FI Miami, Florida 33130 With copies Ms. Julie O. Bru, City A omey City's Initials City Contract No. 07-749 Page 8 • • to: For Consultant: City of Miami 444 S.W, 2nd Avenue, Suite 945 Miami, FI. 33130-1910 Mr. David Mendez, Assistant Director CIP Department City of Miami 444 S.W. 2nd Avenue - Bth FI Miami, Florida 33130 and David Mendez, P.E. Dept. of Capital improvements Program (CIP) City of Miami 444 S.W. 2nd Avenue - 81h Fl Miami, Florida 33130 Mr. Alexander Cooper Cooper, Robertson & Partners, LLP. 311 West 43rd Street New York, NY 10036 With copies Mr. Michael Jasper to: Cooper, Robertson & Partners, LLP. 311 West 43rd Street New York, NY 10036 10.07 INTERPRETATION Preparation of this Agreement has been a joint effort. The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. 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 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, • Consultant's initials PROFESSIONAL SERIVCES AGREEMENT statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.09 COMPLIANCE WITH LAWS Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, OSHA, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this agreement. 10.10 Non -Discrimination Consultant warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by City, including Titles I & II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, Consultant shall take affirmative steps to insure nondiscrimination in employment of disabled persons. 10.11 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with City or decisions of City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.12 CONTRACT DISPUTE RESOLUTION Consultant understands and agrees that all disputes between it and City based upon an alleged violation of the terms of this Agreement by City shall be submitted to City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000, City Manager's decision shall be approved or disapproved by City Commission. Consultant shall not be entitled to seek judicial relief unless: i) it has first received City Manager's written decision, approved by City Commission if applicable, or ii) a period of sixty (60) days has expired after submitting to City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) Page 9 Thy Contract No. 07-749 City's Initials • • days has expired where City Manager's decision is subject to City Commission approval; or iii) City has waived compliance with the procedure set forth in this section by written instrument(s) signed by City Manager. 10.13 MEDIATION -WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the Project, and/or following the completion of the Project the parties to this Agreement agree all disputes between them shalt be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any mediation proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on an equal basis. Consultant agrees to include such similar contract provisions with all Sub - consultants retained for the Project, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.14 INDEPENDENT CONTRACTOR Consultant has been procured and is being engaged to provide services to City as an independent PROFESSIONAL SERIVCES AGREEMENT contractor, and not as an agent or employee of City. This Agreement does not create a joint venture, partnership or other business enterprise between the parties. Consultant has no authority to bind City to any promise, debt, default, or undertaking of Consultant. Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of City are not available to Consultant, and agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering services to City under this Agreement. 10.15 PERFORMANCE EVALUATION Consultant is hereby advised that during the performance of Work under this Agreement, upon completion of the Project and/or at any other time deemed appropriate by City, a performance evaluation report may be completed by City. The performance evaluations will be kept in City files for use on future solicitations. 10.16 CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 40 Consultant's initials Page 10 City Contract No. 07-149 City's Initialejtif2— s • • PROFESSIONAL SERIVCES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATI-EST ATTEST: LVI/1 CONSULTS NT ooper Robertson & Partners, LLP Alexan a er Cooper, Partner ATTEST: CITY State Priscilla Th/6e4A-L.2-) ompson, City Clerk / APPROVED AS TO INSURANCE REREMENTS: LeeAnn Brehm, Administrator Risk Management Department (Corporate Seal, if applicable) , a municipal corporation of the edro G. Hemaity Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. Bru, C •ttorney Al Consultant's Initials Citys Initials Page 11 City Contract No. 07-749 • PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) 1 HEREBY CERTIFY that at a meeting of the Management Committee of • ' '� , e4ei Frri, tlPi - , a partnership organized and existing under the laws of the State ofA, , held on the ?f{ day ofrgg0F , a resolution was duly passed and ac opted authorizing (Name) a s (Title) of the partnership to execute agreements on behalf of the partnership and providing that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. 1 further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ik , day of 20 . Partner: Print pow-L4 (A_? AP'[cAl Names and addresses of partners: Name Street Address City State Zip NOTARIZATION STATE OF A( (Al (d (/(_ ) SS: COUNTY OF ` (Fr /izs (/(._ ) The foregoing instrument was acknowledged , 2007), by o tea. \ cl, CA.: known to me or who has produced rk L� (did/did )lot) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FL-eRIBq 7 PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC City Contract No. 07-749 /11 Consultants Initials efore me this 2- `k day of who is personally as identification and who CATAiINA SASTRE Notary Public, state of New York No, 01SA6092625 Qualified in Bronx County Commission Expires Nov, 6, 2009 Page 12 City's Initials • • • Cooper, Robertson & Partners 311 West 43 Street New York NY 10036 Partners Richard Ashcroft Andrew Ballard Eric Boorstyn Donald Clinton Alexander Cooper Bruce Davis Michel Dionne Gary Ensana Adele Finer Jonie Fu John Kirk Bill Macintosh Manuel Merge! Paul Milana Randy Morton Scott Newman Vincenzo Polsinelii Jaquelin Robertson Brian Shea Edward Siegel Lance Smith Tom Wittrock Erik Wood Marc Wouters 9/2008 4-7 • PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL Consultant shall provide comprehensive professional Architectural and Engineering services for the Project for which Consultant was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA). A1.01 RANGE OF SERVICES Consultant shall furnish, as Basic Services, comprehensive professional services for the Projects including, but not limited to complete planning and design services, surveying, geotechnical, feasibility studies, options evaluations, irrigation, lighting, electrical, landscaping, cost estimates, opinions of probable construction cost, preparation of bid and construction documents, review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction contract administration, and review and approval of as -built documentation submitted by the Contractor. The Scope of Services below identifies the combined total Scope of Service to be provided. However, not all of the Services are required for each of the elements of the Project. Exhibit 8 and C identifies the status of each of the elements of the Project and the Scope of Services for each element is based on said Exhibits. Professional services will be limited to providing architectural and engineering services for the design of Museum Park as further described in Attachment Al. A1.02 STATUS OF COMPONENTS OF PROJECT The various components (Components) of the Project are at various stages of the design process ranging from programing through Deisgn Development_ Exhibit B provides a review of various Components of the Project and the action to be taken prior to preparing Construction Documents. A status matrix is provided in Exhibit C. A1.03 COORDINATION MEETINGS Consultant will participate in eight (8) Project Coordination meetings with the Miami Art Museum, the Miami Museum of Science and Planetarium, County agencies, and City agencies in Miami. These meetings will be held on days when Project Team meetings are planned. Coordination issues for the Museums include: ➢ Roads including emergency vehicle access, finished elevators, etc. ➢ Security ➢ Major utility systems and connections 9 Exterior lighting ➢ Metromover Station reopening and improvements ➢ Public realm finishes and plant material ➢ Construction schedule and staging ➢ Plaza design A1.04 DESIGN CRITERIA PROFESSIONAL SERVICES Consultant shall provide Design Criteria Professional (DCP) services for the underground Garage (Garage). These services shall be provided in accordance with Florida Statute §287.055 and Attachment E. The Garage, including its access ramps, parking level plan, an assumed above ground ventilation and headhouse structures are a master plan level. Consultant will: D review assumed master plan access points, connections to the Park Drive roadway system, circulation ramp geometrics and grades, and the illustrative plan of the parking level as they relate to the revised above ground Project plan as well as local agency standards and acceptable industry practice. ➢ Assess the master plan design to confirm the location and geometrics of the access road system and ramps, impacting Garage infrastructure, and coordination with the large Project underground utilities. ➢ Analyze the construction feasibility of the Garage D The program for the Garage is based on ±220 spaces. D Schematic drawings will be produced at the end of this subtask. • Following approval to proceed, Consultant will proceed with preparation of Design Development documents A1.05 NON-EXCLUSIVE RIGHT It is understood that the Notice to Proceed will be issued under this Agreement at the sole discretion of City Manager or Director and that Consultant has no expectation, entitlement, right to or privilege to receive a Notice to Proceed for City Contract No. Consultant's Initials • • • PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A -- SCOPE OF WORK the Project. City reserves, at all times, the right to perform any and all Professional Services in-house, or with other private professional architects or engineers as provided by Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act) or to discontinue or withdraw the Project or to exercise every other choice allowed by law. This Agreement does not confer on Consultant any particular, exclusive or special rights to Work required by City. A1.06 PAYMENTS City will pay Consultant the stipulated amount for the Work required, in accordance with provisions and limitations of Attachment B. No payment will be made for Consultant's time or services in connection with the preparation of any such proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed or Purchase Order. ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Codes and Ordinances; including all civil engineering, structural engineering, architectural, mechanical/plumbing engineering, electrical engineering and landscape design services normally required for a project of an architectural nature. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in the Agreement Consultant shall submit one (1) electronic set of all documents in .pdf format, one (1) bound and one (1) loose full size paper copies, and one (1) bound and one (1) loose half size paper copies of documents required under Article A2 for review and approval by City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Should the City decide not to proceed with the design for the shell of the restaurant building the City shall receive a credit for the reduction in scope, which may be partially offset by the need to design landscaping for the area that was to be occupied by the building shell. A2.01 DEVELOPMENT OF OBJECTIVES A2.01-1 Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01-2 Consultant shall, utilizing a compilation of available documentation, confer with representatives of City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify aspects of the completed Museum Park Miami (MPM) master plan that need further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the items that need further development are described in Exhibit C, Status Matrix. A2.01-3 Consultant shall prepare written descriptions of the various options and shall participate in presentations to multiple groups explaining aitemative options. Sufficient detail shall be provided to support the presentation materials. A2.01-4 Consultant shall manage the survey and geotechnical firms as well as other testing firms that may be hired by the City that are required by the performance of the Work. Consultant shall be responsible for designing the Work based on the survey(s) and geotechnical and other applicable test reports. A2.02 SCHEMATIC DESIGN A2.02-1 Design Concept and Schematics Report Consultant shall prepare and present, in writing, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any special requirement affecting the Project, a Statement of Probable Construction Cost forthe Garage Component only, and Project Development Schedule. 1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and all other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole. The floor plans may be single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be provided to further show the design concept. City Contract No. Page 14 Consultant's initials /I_ • • • Consultants Initials PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK 2. The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. 3. A2.03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing for approval by City, separate Design Development Documents, and updated Project Development Schedules. 1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections), outline specifications, and other documents. 2. Design Development consists of continued development and expansion of architectural and/or civil Schematic Design Documents to establish the final scope, retationships, forms, size, and appearance of each element through: 2.1 Plan sections and elevations 2.2 Typical construction details 2.3 Three-dimensional sketch(es) 2.4 Study model(s) 2.5 Final materials selection 3. The updated Development Schedules shall show the proposed completion dates of each milestone of the Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all long lead procurement items and architecturally significant equipment that will need to be purchased prior to the completion of Construction Documents. 4. Provide updated Statements of Probable Construction Cost for the Garage component of the Project. if the statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. 5. A2.04 CONSTRUCTION DOCUMENTS From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final Construction Documents setting forth ail design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%. 90% and Final Construction Documents for review and approval by City, which shall include the .following: 1. 2. 3. 4. 6. 6. 7. 8. Consultant shall provide one bound and one loose full size paper copy, and one bound and one loose half size paper copy of drawings, and one electronic copy in .pdf format. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of afl anticipated drawing sheets necessary to fully define the Project. The updated recommended construction duration period in caiendar days and assist the contractor in the contractor's development of major construction milestones. An updated Statement of Probable Construction Cost in CSI format. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Consultant shall include, and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Actual Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated en the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. City Contract No. Page 15 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK A2.04-1 Maximum Cost Limit The City has established and communicated to the Consultant a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"), which are $50,000,000 for the park component and $10,000,000 for the garage component If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. The Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of Probable Construction Cost or evaluation prepared or agreed to by the Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist in the re- bidding of the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed ten percent (10%) of the Maximum Cost Limit. A2,04-2 Dry Run Permitting The Consultant shall file and follow-up for building permits at the earliest practicable time during the performance of the Work, the necessary portions of the Contract Documents for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining any such applicable certifications of "permit approval by such authorities prior to approval by the Department of the 100% complete Review Set and printing of the Contract Documents. The Consultant shall promptly, at any time during the performance of the Work hereunder, advise the City of arty substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such public entity during the permit review process. A2.05 BIDDING AND AWARD OF CONTRACT A2.05-1 Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the Construction Documents, from authorities having jurisdiction, acceptance by .the City of the 100% Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids, preparing and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed, or, at its own discretion, may authorize such printing as a reimbursable service to the Consultant A2.05-2 issuance of Bid Documents, Addenda and Bid Opening 1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of Bidders 2. The Consultant shall assist the City in the preparation of responses to questions if any are required during the bidding period. All addendum or clarifications, or responses shall be issued by the City. 3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective bidders. Such revised plans will be considered an additional service. 4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend all any pre -bid meeting(s) and require attendance of Subconsultants at such meetings. 5. The Consultant will be present at the bid opening, if requested by the City. A2.05-3 Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of a contract. ff the lowest responsive Base Bid received exceeds by 10% the Total Allocated Funds for Construction, the City may: I. Approve an increase in the Project cost and award a Contract; 2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project, or additional compensation to the Consultant; 3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The Consultant shall, without additional compensation, modify the Construction Documents as ner scary to bring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget. The City may exercise such option where the bid price exceeds by 10% the Fixed Construction Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting bids.; 4. Suspend, cancel or abandon the Project NOTE: Under item 3(3) above the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount The Consultant may be entitled to an additional fee for redesign due to changes in the City's construction budget. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A2.06-1 City Contract No. Page ] 6 Consultant's Initials /i� PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A — SCOPE OF WORK The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor's As -Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a minimum on a bi-weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. The Consultant shall report on the progress of the Work, induding any defects and deficiencies that may be observed in the Work. The Consultant and/or Subconsultants will not be required to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. Consultant and Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Subconsultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by Consultant and require all Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms furnished by the City, and submit them in a timely manner. The Consultant and the Subconsultants shall ascertain that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to: 1. a detailed evaluation of the Work for conformance with the contract upon substantial completion; 2. the results of any subsequent tests required by the contract; 3. minor deviations from the contract correctable prior to completion; A. any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 City Contract No. Page 17 Consultant's Initials icy PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements and shall be authorized with or without change in costs to the construction. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. The Consultant shall receive a written schedule detailing the Contractor's submittals, and the Consultant shall be entitled to recommend adjustments to the schedule as needed to ensure a reasonable flow to the work. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City, and shall review and recommend action on proposed changes_ Where the Contractor submits a request for Change Order or Change Proposal request the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. The Consultant may be entitled to additional services for change orders arising from the Owner's modification to the Work. A2.0610 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements_ The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in The Work required to be corrected by the Contractor in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to ail guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall review and approve Contractor's "as -built" drawings and shall furnish to the City the original documents, including drawings provided by the Contractor, revised to "as- built" conditions based on information furnished by the Contractor; survey, and specific condition. Any approval required under this Agreement including the contents of "as -built" documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for information", substitution approvals, or other clarifications will be the Contractor's City Contract No. Page 18 Consultant's Initials Ai PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK responsibility to incorporate into the "as -built" and record documents, Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Contractor. The original documents as well as the "Field Record Set" shall become the property of the City. Upon approval of the "as -built" drawings the Consultant shall provide all the documents to the City. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation performance during the performance of the construction work and upon final completion of the Project A2.07 Time Frames for Completion. The Time Frames for completion are broken into two components. The first component is for the Park and the second is for the Garage, The time frames within each component are generally sequential from the date of the Notice to Proceed. The Work on both components will be performed concurrently. Park Component Design 36 weeks Permitting, Bid, & Negotiation 39 weeks Construction Administration 78 weeks Garage Component Design 24weeks Bidding 13 weeks Design Build Firm Design Phase 21 weeks Design -Build Firm Construction Phase 52 weeks This schedule is based on the City providing its response to submissions within 30 days of submission of Construction Documents. City Contract No. Page 19 Consultant's Initials PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services° may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Section 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 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. A3.02-2 Design Of Non -Protect Facilities: Design services relative to future facilities, systems and equipment which are not intended to be constructed as part of a specific project. A3.02-3 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-4 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-5 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start- up, testing, adjusting and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, subcontractor, or equipment manufacturer. Provide Commissioning Services as part of systems start-up. A3.02-6 Maior Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant. (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02 7 Exoert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-8 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction, including but not limited to; ➢ Changes resulting in revisions to Museum area boundaries ➢ Structural Assessments ➢ Way -finding ➢ Meeting days in Miami beyond those established in the Agreement ➢ Presentation Model ➢ Change to Garage Program ➢ Architectural Renderings D Report, brochures. or other materials for public distribution ➢ Production of permit sketches for in -water component other than the temporary tie-up Component City Contract No. Page 20 Consultant's Initials Ai • PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A — SCOPE OF WORK ➢ Zoning Services ➢ Diaital ortho-rectified aerial photography ➢ Participation in constructability/peer review workshops orresponse to comments. A3.02-9 Additional Construction Administration: Should the duration of construction administration exceed eighteen (18) months the Consultant shall be entitled to additional compensation which shall be paid monthly based on the hourly rates that have been incorporated in to this Agreement under Article B3.04-2 — Procedures and Compliance. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -consultant for the purposes listed below.. 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. Photoaraphv: Cost of printing, reproduction or photography, beyond that which is required by or of Consultant's part of the work, set forth in this Agreement _ Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by Program Manager. A4,01-3 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01.4 Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager. A4.01-5 Other: Items not indicated in Section 4.01 when authorized by the Program Manager. A4.02 SUB -CONSULTANT REIMBURSEMENTS Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -consultants agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of City and requirements of this Agreement. ARTICLE AS CITY'S RESPONSIBILITIES A5.01 PROJECT & SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, shall furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: City will contract for and pay for survey services. Survey shall include complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of the site street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services Consultant shall be responsible for managing the Work of the survey firrn. A5.01-2 Soil Borings Geotechnical Testing: City will contract and pay for soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation City Contract No. Page 21 Consultant's Initials PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A— SCOPE OF WORK thereof and recommendations. Consultant shall recommend necessary tests to City. Consultant shall be responsible for managing the Work of the testing firm(s). A5.01-3 Additional Testing: The City shall be responsible to contract and pay for marine resource mapping, hydrographic surveys, and environmental impact assessment should they be required. Consultant shall manage such services on behalf of the City and Consultant assumes no liability or responsibility for the accuracy of such services. A5.01-4 General Protect Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats. and assistance required establishing a program as per Section A2.02 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as- builts availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must stilt perform field investigations as necessary in accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative services in excess of "Norval Requirements," as defined, must be authorized in advance. A5.01-5 Threshold Inspection shall be provided by the City. Consultant shall assist the City in procuring Threshold inspection services. A5.01-5 Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.03 CONSTRICTION MANAGEMENT A5.03-1 During construction, Consultant and the City staff shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. We do not have copies of these at this time. A5.03-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. A5.04 LEGAL AND OTHER SERVICES City shall furnish any available legal, accounting, insurance counseling, and auditing services that Consultant may require to ascertain how or for what purposes a Contractor has used the money paid to the Contractor under the construction contract, as may be required by City. City Contract No. Page 22 Consultant's Initials #01.1 • • ATTACHMENT A — SCOPE OF SERVICES SCHEDULE Al PROJECT DESCRIPTIONS 1.0 Project Description: This Project consists of the design of a park and underground parking structure, herein identified as Museum Park, at the site currently known as Bicentennial Park as described in the Museum Park Plan (Plan) dated March 13, 2008, , which was approved by the City Commission, and forms the basis for the design of Museum Park. Said Plan is incorporated by reference and made a part of this Agreement. Exhibit B is a map that identifies the Project limits. The Project is broken into two (2) components. The first is for the design and construction administration services for the above ground park component. The park component will include, but not be limited to; 9 Park pavilion > Fountains > Landscaping • Trees 9 Garden Areas 9 Walkways 9 Lighting • Site Utilities > Irrigation • Maintenance Compound • Building shell for a Restaurant The second component is for Design Criteria Professional Services. This component will consist of the Consultant providing for the services required by Consultant Competitive Negotiation Act and Exhibit B that will be utilized by a Design -Build company for the design of a ±220 parking space underground garage. City Contract No. Page 23 Consultants Initials Ai • • ATTACHMENT A - SCOPE OF SERVICES SCHEDULE A2 - SUB -CONSULTANTS FIRM NAME CONSULTING FIELD Associate Architect Rodriguez and Quiroga Civitas, Inc. Landscape Architect Savino Miller Design Studio Local Landscape Architect Coastal Systems International, Inc. Civil Engineer, Marine Engineer David Plummer & Associates Parking & Transportation Construction M anagement Services Cost Estimator Donnell DuQuesne & Albaisa, PA Structural Engineer Fraga Engineers MEP Engineer KACO-Kaderabek Company Geotechnical Engineer Kugler Associates, Inc. Lighting Designer Poulin + Morris Signage Designer Dan Euser Waterarchitects, Inc. Fountain Designer Hall Fountains, Inc. Fountain Engineer Fickes Engineering, Inc. Life Safety City Contract No. 07-749 ` f Consultants Initials Page 24 City's Initials • • ATTACHMENT A - SCOPE OF SERVICES SCHEDULE A3 - KEY PERSONNEL NAME JOBCLASSIFICATION Cooper, Robertson & Partners Alexander Cooper Principal -in -Charge Michael Jasper Project Manager Rodriguez and Quiroga Architects Chartered Raul L. Rodriguez Principal -in -Charge Ivan Bibas Project Manager Civitas, Inc. Mark Johnson Principal -in -Charge Craig Vickers Lead Designer Michelle Delk Project Manager Savino & Miller Design Studio Barry R. Miller Principal -in -Charge Adriana Savino-Miller Design Principal Coastal Systems International Christy J. Bush Environmental Permitting Director Timothy K. Blankenship Principal -in -Charge David Plummer & Associates Tim Plummer Principal -in -Charge Todd Seymour Project Engineer Construction Management Services Keith Emery Principal -in -Charge Russell Morris Cost Estimator Kaco-Kaderabek Company Thomas Kaderabek Principal -in -Charge Barry Goldstein Project Engineer Donnell Du©uesne & Albaisa, PA Aida M. Albaisa Principal -in -Charge Paul Guth Project Engineer Poulin + Morris Richard Poulin Principal -in -Charge Brian Brindisi Graphic Designer Frage Engineers, Inc. City Contract No. Consultant's Initials Page 25 • • • ATTACHMENT A - SCOPE OF SERVICES Irene F. Fraga Principal -in -Charge Thomas Reed, Jr. Project Engineer Fickes Engineering and Code Group, Inc. Edward A. Fickes Fire Projection Engineer Kugler Associates Jerry Kugler Principal -in -Charge Jackson Ning Project Designer Dan Euser Waterarchitecture, Inc. Dan Euser Principal -in -Charge City Contract No. Page 26 Consultant's fnitials / /J • • • ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 COMPENSATION FOR SERVICES The City shall pay and Consultant agrees to accept as full payment for the Work an amount not to exceed $5,991.000, which shall be paid on a Lump Sum not to exceed basis. Said Compensation consists of: Park Component • Base Fee: $4,420,000 o Design $2,995,000 o Permitting, Bid, & Negotiations 3 250,000 o Construction Administration $1,175,000 * Compensation is based ont an estimated construction value of $50,000,000 at 2.35% Garage Component • Base Fee: $661,000 o Design $346,000 o Design Criteria Professional $315,000 Both Components An allowance account of $910,000 has been established for Reimbursable Expense and Additional Services approved under this Agreement. Any unexpended balance returns to the City upon completion of the Project. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified above as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the Director or City as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment -to the Agreement, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of suchexcess, which will be at Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS Ail fees and compensation payable under this Agreement shall be formulated and based upon the of the Wage Rates that have been approved by the Director. Said Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant and Sub -Consultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule 81 identifies the professions, job categories and/or employees expected to be used during the term of this Agreement_ These may include, but are not limted to, architects, engineers, landscape architects, designers, CADD technicians, project managers, GIS and environmental speciahsts, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement Wage Rates, a maximum multiplier of 2.9 shall apply to the approved average hourly Wage Rates in calculating compensation payable by the City. If a full or part time - City Contract No. Consultant's Initials %.I • • time project Field Representative is required the multiple shall not exceed 1.7. Said multiplier is intended to cover Consultant employee benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and Consultants profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, reproduction of documents, drawings and specifications, mailing, stenographic, administrative and clerical support. B2.04 CALCULATION Said Wage Rates are to be utilized by Consultant in calculating compensation payable for the Work and any additional work directly related to this Project requested by City. Consultant shall identify job classifications, available staff and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined herein, as applicable, in the following manner B3.01 LUMP SUM Compensation for this Scope of Work is a Lump Sum, Not to Exceed Fee. Should the City require Continuing Services diredty related to this Project, Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established herein. The City may require Consuttant to verify or justify its requested Lump Sum compensation. Such verification shall present information deemed sufficient and acceptable to City. B3.01-2 CHANGES TO PROJECT SCOPE If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for the Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect by an amendment to the Agreement B3.02 HOURLY RATE FEES 83.02-1(a) Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees identified in Schedule Bi Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract .doucments. The City shall have no liability for any fee, cost or expense above this figure. These rates will be increased annually on the first of January of each year by not more than 5% of the previous year's rates, at the discretion of the Director. B3.02 2 Conditions for Use: Hourly Rate Fees may be used only in those instances for Additional Work directly related to this Project where the parties agree that it is not possible to determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for such Additional Work. In such cases, the City will establish an Allowance that shall serve as a Not fo Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to the Work. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks. City Contract No. Page 28 Consultants Initials iy • • • B3.04 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.04 and B3.03 respectively, may be applicabie. B3.04-1 Determination Of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.04-2 Procedure and Compliance Provided that the fee for required Additional Service(s) are within the allowance for such services established herein, an independent Notice to Proceed shall be be issued and signed by the Director or designee for each Additional Service requested by the City. Should said allowance for Additional Services be exhausted, then an amendment to the Agreement will also be required for further Work of this type. The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami and City regulations, including the Purchasing Ordinance, the Consultant's Competitive Negotiation Act, and other applicable laws. Additional Services shall be based on the schedule of rates provided to CIP in the letter from the Consultant dated June 18, 2008, which rates are hereby incorporated by reference and as authorized by the Director or his/her authorized representative. B3.04-3 Fee Limitations Any authorized compensation for Continuing Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utrfity charges, office and drafting suppfes, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. B3.05 PAYMENT EXCLUSIONS Consultant shall not be compensated by City for revisions and/or modifications to the plan, program, workbook, drawings and specifications, or for extended construction administration, or for other work when such work is due to errors or ommissions of Consultant as determined by City. B3.06 FEES RESULTING FROM PROJECT SUSPENSION If the Project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during which time the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. lithe Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B4 PAYMENTS TO THE CONSULTANT 134.01 PAYMENTS GENERALLY Payments for Services may be requested monthly in proportion to services performed during each Phase/Task of the Work. Sub -consultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by Consultant. Monthly payments for the Work will be based the percentage of Work completed. The City and Consultant shall agree to a spend down curve, which will be utilized to determine the amount of compensation to be paid to the Consultant for each invoice. Sub -consultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by Consultant. B4.02 COMPENSATION FOR CONSTRUCTION ADMINISTRATION Payments for Services may be requested monthly in proportion to the percentage of work completed by the construction contractor. B4.02-1 If the Construction Contract Time is extended through no fault of the Consultant, the Consultant may be compensated for any required Professional Services and for expenses not otherwise compensated for in connection with such time extensions, in accordance with Section 5.01 C and the schedule of rates City Contract No. Page 29 Consultant's Initials �}„ • • • provided to CIP in the letter from the Consultant dated June 18, 2008, which rates are hereby incorporated by reference. B4.03 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. The Consultant shall attach to the invoice all supporting data for payments made to Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified as Basic Services and/or Continuing Services and shall consist of actual expenditures made by the Consultant and the Consultants' employees, Sub -Consultants, and Special Sub -Consultants in the interest of the Work for the purposes identified below: B5.01-1 Transportation Identifiable transportation expenses in connection with the Project, subject to the limitations of Section 112.061, Florida Statutes, as amended, excluding, however, all, general automobile transportation expenses within Miami -Dade and Broward County will not be reimbursed. Transportation expenses to locations outside the Dade-Broward-Palm Beach County area or from locations outside the Dade- Broward-Paim Beach County area will not be reimbursed unless specifically pre -authorized in writing by the Project Manager. Such pre -authorization will be subject to the limitations of Section 112.061, Florida Statutes, as amended. B5.01-2 Travel And Per Diem Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes as amended. Meals for dass C travel inside 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, Hampton Inn, Marriot Courtyard, Howard Johnson or Ramada Inn. Governmental lodging will not be reimbursed within Dade, Broward or Palm Beach County. B5.01-3 Communication & Mail Expenses Identifiable communication expenses approved in advance by the Project Manager, courier and express mail directly related to the Project. B5.01-4 Reproduction, Photography Cost of printing, reproduction or photography, which is required by or of Consultant to deliver services, set forth in this Agreement. B5.01-5 Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS Reimbursable Sub -Consultant expenses are limited to the items described above when the Sub -Consultant agreement provides for reimbursable expenses and when such agreement has been previously approved in City Contract No. Consultant's Initials %I.) • • writing by the Director and subject to all budgetary limitations of the City and requirements of ARTICLE 85 herein. ARTICLE B6 COMPENSATION FOR REUSE B6.01 GENERAL It is understood that ail Consultant agreements and.or Work Orders for Continuing Servicesa will include the provision for the re -use of plans and specifications, including construction drawings, at the Gity's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. City Contract No. Page 31 Consultant's Initials ill • • Exhibit A - MAP OF PROJECT LIMITS City Contract No. Page 32 Consultants Initials /J„ • • Museum Park Mlarnf Project Limit Plan - March 13. 2008 • EXHIBITS • • Exhibit B - COMPONENT STATUS & ACTIONS 1. Museums a. Consultant shall confirm the following: i. Museum area infrastructure assumptions, especially parking, Museum Drive, and in - ground utilities. ii. Assumptions about schedule and handover responsibility. iii. Review and assess the impact of the City and Museums Governance Agreement on the program, design, construction, and operation of Museum Park (Project) and identify issues which will impact the revised development design and/or construction documents. Note: It is assumed that others will be responsible for the temporary treatment of the Museums Area if construction is not simultaneous 2. Underground Garage a. Coordinate revisions to the entry road system and surrounding Project based on evolving design of the Garage, including ramps, mechanical ventilation intakes and exhaust, and headhouse locations. 3. Restaurant and Alternate a. Building shell and site design are at Design Development level b. If the Restaurant is not built as part of the Project an approach will be agreed upon to the temporary treatment of the future building site and determination of which components of the infrastructure should be constructed as part of the Project. This would include provision of an appropriate sized FP&L vault and shared chiller plant for the Pavilion and Restaurant. Temporary landscape treatment of the Restaurant site is included as an alternate and up to two (2) sketches of this alternate will be prepared prior to agreeing on the alternate to take through construction documents. 4. Events a. Confirm assumptions about event infrastructure required for the Project and agree to changes in the Design Development documents if any are due to program revisions. This will include identifying any anticipated special civil utility demands (i.e. temporary water load requirements associated with events. 5. Park Pavilion a. Confirm program assumptions for the central and north blocks currently assumed to be used as office, cafe, and welcome center/equipment rental respectively. 6. Maintenance Building and Compound a. Based on the lease requirements for the FDOT owned land riot permitting structures on the parcel for which the 11/15/06 design Consultant will: i. verify program assumptions about the use of the Maintenance Building and Compound. ii. Study up to three (3) alternate locations within the Project site, including one option with the lower level of the Art Museum, and develop Schematic Design drawings of a preferred alternative, and following approval develop Design Development drawings prior to beginning Construction Documents. 7. Grove a. Based on the March 13, 2008 plan the Public Garden will be named the Grove, most water features deleted, and the five garden areas identified in the November 15, 2006 City Contract No. Page 33 Consultant's Initials 11„ • • • EXHIBITS drawings consolidated into a Flower/Florida Garden (former Color Garden and Sky Garden), a Children's Garden, a Palm Garden, and a grassy mound. b. Program and budget of the Grove gardens will be agreed 10 in two (2) Project Team meetings, the first to outline changes and program options and the second to agree and fix the changes. c. The Children's Garden will go through a full program and design phase prior to beginning Construction Documents. 8. Park and Museums Area Lighting a. Consultant will review approach and adjust number and fixture types sufficient to meet design vision and industry standards. b. As part of the coordination meetings with the Museums, meet once with the Museums and their architects to develop and agree on a hierarchy and an approach to the overall -Project, Museum areas, pump station, and Metrornover exterior lighting. 9. Park Security (Police) and Fire a. Consultant will review assumed security & fire requirements with the City, Museum, & County entities & agree on a strategy and fire safety/access requirements forthe Project b. Consultant has allowed two (2) meetings to discuss and agree on the approach. Such meetings are to occur in the context of the Project Team and or coordination meetings. 10. Pump Station and Restaurant Yard Wall a, Consultant will meet with City and County agencies (Water & Sewer) and potential restaurant operator to review assumptions about servicing and security arrangements and other practical and operational issues that may impact the design of and construction of the wail. b. Consultant wit review the current developed alignment which extends into the Biscayne Blvd. FIDOT right of way to meet the operation needs as specified by Water and Sewer. c. Consultant has allowed for two (2) meetings to discuss and agree on the approach to the wall with these meetings to occur in the context of the coordination meetings. The first will be to outline changes and the second to agree to fix the changes. 11. Pump Station Improvements a. Consultant shall meet with City and County agencies (Water & sewer) to review assumptions about the proposed physical dimensions; tank relocation, Roof Trellis Facade, and Painting. Consultant has allowed two (2) meetings to discuss and agree on the approach to security, such meetings to occur in the context of the coordination meetings. 12. Large Vessel Mooring Facility a. Consultant will coordinate with the City to confirm temporary mooring goals and program parameters, such as maximum slip number; and vessel size. b. As -built drawings for the recently completed seawall renovation project will be reviewed c. This Component is limited to two (2) meetings with the City. 13. Site Survey a. Following receipt of the survey, Consultant will assess its impact on the November 15, 2006 drawings and the March 13, 2008 plan and it is assumed that the changes resulting from the survey will be limited to minor adjustments on the Bay shoreline and Biscayne Blvd edges. City Contract No. Consultant's Initials nol Page 34 • • • EXHIBITS b. Consultant assumes that such changes are minor in nature and should the changes be substantial in nature the Consultant and City shall review to determine is additional services apply. 14. Re -plat of Property a. Consultants Work will be limited to commenting on the City prepared drawings related to ownership and easements, including the north-east comer, the Metromover, the pump station, and easements already identified during Consultants first contract. 15. Pre -Permit Review a. Consultant shall identify requirements, approach, and schedule implications for all approvals and permits, including fire, and a strategy for upland and all future in -water components and phasing of the Project. b. Consultant will identify requirements, approach, and schedule implications for permitting of the Project including civil (Paving, grading, drainage), upland works, and marine works (potential installation of mooring/fender piles for temporary mooring of significant or historic ships in the FEC slip. c. Consultant will confer with the jurisdictional environmental permitting agencies regarding proposed site/civil and marine works activities, including the City Public Works Department, Miami -Dade County Environmental Resources Management (DERM), Water and Sewer Department (WASD), the South Florida Water Management District (SFWMD), and the U.S. Army Corps of Engineers (Corps) to identify potential regulatory permitting issues and confirm Project specific procedures. d. Consultant will provide feedback to the City regarding any agency concerns associated with authorization of the proposed Work including addition of pilings or similar structures to facilitate temporary vessel moorings in the FEC slip. 16. Potential Cost Savings a. Cost savings will be reflected in the Construction Documents. The nature of potential cost savings revision 'generally discussed between December 2006 and March 2008 include: i. Reduce the number of external light to reduce cost ii. Narrow paths and change materials to cast -in -place concrete iii. Change Baywalk cast -in -place sell aggregate finish to sand finish iv. Change stone paving to precast concrete pavers in the Terrace v. Delete concrete base slab in the Terrace vi. Change stone seat rings to precast and reduce quality vii. Change stone steps to precast in the Terrace viii. Change stone bleacher stairs to precast in the Terrace ix. Reduce allowance for signage and graphics x. Delete tables and chairs for the Pavilion cafe xi. Reduce the stone standard in the entry plaza fountain xii. Delete the retaining wall at east end of the Museums Area Parcel xiii. Redesign the Grove with an aim to simplify the gardens and reduce construction and ongoing maintenance costs xiv. Redesign the Children's Garden in a program to be agreed upon xv. Delete Scallop Gardens and replace with Mound xvi. Generally reduce plant size at installation xvii. Change the Terrace palms species from Date Palm to Royal Palm 17. Maintenance City Contract No. Page 35 Consultant's Initials f EXHIBITS • • a. Consultant shall provide a manual containing the maintenance specification for the proposed planting. Preliminary manual will be circulated at 30% Construction Documents and a final with 100% Construction Documents. b. Consultant shall provide an annual Maintenance Cost Estimate for Museum Park. City Contract No. Page 36 Consultant's Initials All EXHIBITS • • • City Contract No. Consultant's Initials Al Exhibit C — Status Matrix Page 37 • • • Park Elements Status Matrix Park Elements Program Concept Partial DO DO Roads • Terrace (Middle), Terrace Gardens • Terrace (East), Terrace Steps • Beyv elk, East . Saywalk. North side of the Slip Baywaik West • Eleywalk. South side of the Shp i • Entry Plaza • C iearng • Mound CalturefFlower Garden • Palm Garden • Qildren's Garden • Coastal Garden Event Garden . Tree Management Plans • Planting Plans • irrigation Plans • Park Pavilion • Maintenance Building and Compound + Krosic • Restaurant, and Alternate • • South Sip Stair and Ramp • Pump Station Service Yard and Wall ■ Large Vessel Mooring Faulty • Underground Garage • Perk Lighting • Park Signsge a Entry Reza Fountain • Security Police) • Are EXHIBITS • • Attachment D Design Criteria Professional (DCP) Services The DCP Agreement Services shall include the following parameters as part of the Basic Services. A. Bidding 1. Assist and make written recommendations to the City in the analysis of bids and in determining the lowest responsive bidder. 2. Attend pre -proposal conference. 3. Assist in responding to bidders' inquiries. 4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution by bidders for conformance with the Design Criteria. B. Design Phase 1. The DCP shall review and approve all submittals of the Design -Build firm Construction Documents, including but not limited to 30% CD, 60%CD and 100% construction documents, to ensure consistency of Design Criteria Package. 2. The DCP shall respond to all inquires and evaluate alternatives presented from the Design Build iirrn for compliance with the Design Criteria Package. 3. The DCP shall monitor the Design -Build firm's submittals and subsequent approvals by Building Department and other permitting agencies and utility companies having jurisdiction over the project. 4. By performing reviews, monitoring approvals and making recommendations, as described in items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual responsibility and professional liability, in whole or in part, for any design and/or contract documents prepared by the Design -Build NE. • C. Design -Builder's Construction Phase 1. The DCP shall monitor the Design -Build firm to ascertain compliance with the Design Criteria Package and all approved submittals. 2. The DCP shall review and evaluate in a timely manner substitution proposed by the Design -Build firm, for conformance with the Design -Criteria, and incorporate approved substitutions into the Design Criteria Package. 3. The DCP shall review the Design -Build firm's submittals such as samples, schedules, shop drawings and other submissions for conformance with the Design Criteria Package. 4. The DCP shall visit the site once every two weeks and during such visits and evaluatewill endeavor the material and/or workmanship for conformance with the Design -Build Contract Documents, evaluate quality control testing reports, advise the Design -Build firm and the City immediately of any unacceptable materials and workmanship that the DCP may discover and advise the Design -Build firm take appropriate action to remedy unacceptable conditions 5. The DCP shall review design/construction schedules, look -ahead schedules, daily reports, and meeting minutes from the Design -Build firm for potential issues that will adversely impact the Project. The DCP will take the lead in the resolution of issues and provide alternative solutions and recomrnendations to the City. The DCP will provide a bi-weekly written report to the City's Project Manager. 6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its findings and recommendations. 7. DCP shall approve or reject as applicable Design -Build firm's applications for payment City Contract No. Page 38 Consultant's Initials 47 EXI-II31TS • • • 8. Upon notification from the Design -Build firm that the project is substantially complete including, but not limited to, all Life Safety Standards, the DCP shall promptly do the following: • Conduct inspections to determine the date or dates of substantial completion of the project. If the project is found substantially complete and, based on the observations the DCP can make at the time of its inspection, in accordance with the Design -Build Contract Document, the DCP shall then certify that to the best of the DCP's knowledge and professional judgment that the Project has been constructed in accordance with the Contract Documents, and shall furnish such other documentation as required by applicable laws or regulations. If the project is deemed to be not substantially complete, the DCP shall notify the Design - Build firm and the City in writing of the observed deficiencies and shall verify the Design -Build firm's corrections of the deficiencies, as required, and shall then certify as stated above. Upon certification by the DCP that substantial completion has been achieved, the City representatives, accompanied by the DCP, shall perform a substantial completion inspection of the project. If deficiencies are still found, the DCP shall assemble a punch list of comments from any participants representing the City in the inspection and shall evaluate each comment to determine whether or not they are part of the Construction Documents. • The DCP shall provide to the Design -Build firm the City's official punch fist, which shall include all trades, within twenty (10) Calendar days of the inspection conducted by the DCP with the City representatives pursuant to the preceding paragraph. After the Design -Build firm corrects all punch List items, the DCP shall verify completion. • If the DCP finds the project to be complete and acceptable based, the DCP shall obtain the City's approval to inform the Design -Build firm of acceptance and commencement of the warranty period. The DCP shall assist the City with respect to the Final Completion and occupancy inspection by Building Department. • Upon final completion of the project, The DCP shall assist the City in closeout of the Project: obtaining from the Design -Builder and the Design -Builder's A/E all required submittals, such as signed and seat as -built drawings, warranties, final survey operating and maintenance manuals, releases of claims, verification of punch list completion by contractor, final inspection and certificate of occupancy by Building Department, completing any remaining contract change orders and review of the final payment application. The DCP shall obtain from the. Design -Builder's NE a certification that, to the best of the AlE's knowledge and belief, no asbestos -containing building material (ACBM) was specified for, or was used in the construction of the project. 9. The DCP shall assist the City in the resolution of any disputes or claims that may arise between the City and the Design Build firm. City Contract No. Consultant's Initials A Page 39