HomeMy WebLinkAboutExhibit 3ATTACHMENT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
The Consultant shall provide comprehensive professional Architectural and Engineering with an Architect as the
prime professional, for the Project for which the Consultant was selected in accordance with Section 287.055 Florida
Statutes, as amended, Consultants Competitive Negotiations Act (CCNA).
A1.01 RANGE OF SERVICES
The Consultant shall furnish, as Basic Services, comprehensive professional services for the Project including, but
not limited to field investigations and observations, cost estimates, opinions of probable construction cost, complete
design services, including preparation of bid and construction documents, construction contract administration, and
review of work prepared by Subconsuitants. Other services that may be required, at the discretion of the Trust in
consultation with the City as Additional Services, may include, but are not limited to planning, programming, feasibility
studies, construction engineering inspections, review of work prepared by other consultants, and/or other
miscellaneous architectural, registered surveying and mapping, and/or engineering services.
Professional services will be limited to providing architectural and engineering services for the development of a
museum for the Virginia Key Beach Park as further described in Attachment Al. Consultant shall be responsible for
all basic services include in Article A2 below.
A1.02 NON-EXCLUSIVE RIGHT
It is understood that the Notice to Proceed will be issued under this Agreement at the sole discretion of the Executive
Director and the City Manager or Director and that the Consultant has no expectation, entitlement, right to or privilege
to receive a Notice to Proceed for the Project. The Trust and the City reserve at all times the rights to perform any
and all Professional Services in-house, or with other private professional architects or engineers as provided by
Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act) or to discontinue or withdraw the
Project or to exercise every other choice allowed by law. This Agreement does not confer on the Consultant any
particular, exclusive or special rights to Work required by the Trust or the City.
A1.03 HAZARDOUS MATERIALS
The Consultant and Sub -Consultants shall have no responsibility for the discovery, presence, handling, removal,
disposal or exposure of persons of hazardous materials in any form at the Project site, including but not limited to
asbestos products, mold, polycholrinated biphenyl (PCB) or other toxic substances.
A1.04 PAYMENTS
The Trust will pay the Consultant the stipulated amount for the Work required, in accordance with provisions and
limitations of Attachment B. No payment will be made for the Consultant's time or services in connection with the
preparation of any such proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed
or Purchase Order.
ARTICLE A2 BASIC SERVICES
The Consultant agrees to provide complete professional architectural and/or engineering services as set forth in the
phases enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county
and City of Miami, Florida, Codes andf Ordinances; including all civil engineering, structural engineering,
architectural, mechanical/plumbing engineering, electrical engineering and landscape design services normally
required for a project of an architectural nature. The Consultant shall maintain an adequate staff of qualified
personnel on the Work at all times to ensure its performance as specified in the Agreement. These services are
hereinafter referred to as "Basic Services" shall include the following:
A2.01 Phase I - Programming and Schematic Design:
A2.01-(a) The Consultant shall confer with representatives of the Executive Director to establish the
overall scope of the Project consisting of a detailed listing of all functions and spaces together with the
square footage of each assignable space, gross square footage, and a description of the relationships
between and among the principal programmatic elements. The Trust shall relay to the City such information
from conferences with the Consultant .
A2.01-(b) The Consultant shall prepare and present in writing to the Trust, and at an oral
presentation if requested, for approvals by the Trust and by the City as applicable, a Design Concept and
Schematics Report, comprising Schematic Design Studies, including an identification of any special
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requirement affecting the Project, Project Development Schedule and a Statement of Probable Construction
Cost, as defined below:
1. The Schematic Design Studies shall consist of site plan(s), floor plans, elevations, sections, and all
other elements required by the Project Manager to show the scale and relationship of the
components and design concepts of the whole. The floor plans may be single -line diagrams. A
simple perspective rendering or sketch, model or photograph thereof may be provided to further
show the design concept.
2. Consultant shall identify and notify the Trust and the Trust shall notify the City of any building code
issues or lack of compliance with current codes which may affect the Scope of Work and/or the
facility where the Work will be performed.
3. The Project Development Schedule shall show the proposed completion date of each Phase of the
Project through design, bidding, construction and the proposed date of occupancy by the Trust.
4. The Statement of Probable Construction Cost shall include a summary of the estimated cost of the
building and/or other work, including fixed equipment, site improvements, professional fees,
construction contingency allowance, movable equipment (if any), utility services and funding
allocation evaluation comprising a brief description of the basis for estimated costs(similar projects)
with square foot costs. Costs shall be adjusted to the projected bid date and a preliminary
evaluation of the program as it pertains to the allocated construction funds.
5. If the statement of Probable Construction Costs exceeds allocated funds, the Consultant shall
prepare recommendations for reducing the scope of the Project in order to bring the estimated
costs within allocated funds.
A2.01-(c) The Consultant shall submit to the Trust an electronic set of all documents and three
copies of documents required under this Phase, without additional charge, for review and approval by the
Trust and the Trust shall forward such documents for approval by the City, as applicable. Consultant shall
not proceed with the next Phase of the Work until the documents have been approved, in writing, by the
Trust and the City ,as applcable, and an Authorization to Proceed with the next Phase has been issued by
the Trust and the City, as applicable.
A2.02 Phase 1I — Design Development:
A2.02-(a) From the approved Schematic Design documents, the Consultant shall prepare and
present in writing to the Trust, and at an oral presentation if requested, for approvals by the Trust and the
City, as applicable, Design Development Documents, an updated Project Development Schedule and an
updated Statement of Probable Construction Costs as defined below:
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
sections), outline specifications, and other documents that delineate and describe the size and
character of the entire Project with respect to architectural; civil, structural, mechanical and electrical
systems; landscaping; construction, materials, finishes and other items incidental thereto and as
required by the Project Manager, and as may be appropriate and applicable. Consultant's staff from
each of the major technical disciplines shall attend the oral presentation (if requested) of Phase II
documents, to explain the design concept of their systems.
2. The updated Development Schedule shall show the proposed completion date of each Phase of the
Project through design, bidding, construction and proposed date of occupancy.
3. The updated Statement of Probable Construction Cost shall include a summary of the estimated
cost of the building including fixed equipment, site improvements, professional fees, movable
equipment (if any), utility services extensions and funding allocation evaluation comprising a brief
description of the basis for estimated costs. Costs shall be adjusted to the projected bid date and
an evaluation of the project cots as they pertain to the allocated construction of the Project.
4. If the statement of Probable Construction Costs exceeds allocated funds, the Consultant shall
prepare recommendations for reducing the scope of the project in order to bring the estimated
costs within allocated funds.
A2.02-(b) The Consultant shall return to the Trust review (check) sets of documents from the
Schematic Design Phase submission and the Trust shall forward as applicable to the City.The Consultant
shall provide an appropriate written response to all review commentary noted on these previous Phase
documents.
A2.02-(c) The Consultant shall submit to the Trust an electronic set of all documents and three hard
copies of documents required under this Phase, without additional charge, for review and approval by the
City. Consultant shall not proceed with the next Phase of the Work until the documents have been
approved, in writing, by the Trust and the City, and an Authorization to Proceed with the next Phase has
been issued by the Trust and the City.
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A2.03 Phase III - Construction Document Development
A2.03-(a) From the approved Design Development Documents, the Consultant shall prepare for
written approvals by Trust and the City, as applicable, Final Construction Documents setting forth in detail
the requirements for the construction of the Project, including the Bid Form and other necessary information
for the bidders, Supplemental Terms and Conditions for the Contract, complete fully permittable drawings
and technical specifications (the Project Manual). The Consultant is responsible for complete coordination
between the engineering and architectural disciplines and compliance of the design and Construction
Documents with all applicable codes.
A2.03-(b) Maximum Cost Limit: Prior to authorizing the Consultant to proceed with preparation
of Construction Document Development, the Trust in consultation with the City may establish and
communicate to the Consultant a maximum sum for the cost of construction of the Project ("Maximum Cost
Limit"). If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final
Design to the Trust, 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 Trust in consultation with 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 Trust and
the City if all responsive and responsible bids received exceed the Maximum Cost Limit.
A2.03-(c) 30% Construction Documents Submittal: The Consultant shall make a 30%
Construction Documents submittal to the Trust, for review and approval by the Trust and applicable
approvals by the City, which shall include the following:
1. A reproducible and three hard copy sets of all 40% construction drawings, including any minor
revisions, additions, corrections and applifications indicated and/or "Red -Lined" by the Trust as part
of the review of the Design Development Documents. Consultant shall return to the Trust review
(check) sets of documents from the Design Development Phase submission and the Trust shall
forward as applicable to the City. The Consultant shall provide an appropriate response to all
review commentary noted on these previous Phase documents.
2. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not
included in the 30% review shall be noted.
3. The updated Project Development Schedule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
4. An updated Statement of Probable Construction in CSI format, to include a breakdown of the
buildings components, site improvements, fees, general conditions and construction contingency.
5. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit the Trust to award a Construction Contract within the
limit of the budgeted amount
6. A Project Specifications index and Project Manual with at least 25% of the Specifications
completed.
7. The Consultant shall not proceed with further construction documents development until approvals
of the 30% documents are received in writing from the Trust and the City, as applicable. Approvals
by the Trust and the City, as applicable, shall be for progress only and does not relieve the
Consultant of its responsibilities and Liabilities relative to code compliance and to other covenants
contained in this Agreement. The Consultant shall resolve all questions indicated on the
documents and make all changes to the documents necessary in response to the review
commentary. The 30% Documents review (check) set shall be returned to the Trust upon
submission of 60% complete Construction Documents and the Consultant shall provide an
appropriate response to all review commentary noted on these previous Phase documents. The
Trust shall forward copies as applicable to the City.
A2.03-(d) 60% Construction Documents Submittal: The Consultant shall make a 60%
Construction Documents submittal to the Trust, for review and approvals by the Trust and the City, as
applicable, which shall include the following:
1. A reproducible and three hard copy sets of all 60% construction drawings. The Consultant shall
additionally attach an index of all anticipated drawing sheets necessary to fully define the
construction and an estimate of the current percent of completion of each of the drawings.
Consultant shall return to the Trust review (check) sets of documents from the Design Development
Phase submission and the Trust shall forward copies to the City as applicable. The Consultant
shall provide an appropriate response to all review commentary noted on these previous Phase
documents.
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2. A reproducible and three hard copy sets and two electronic copies of the technical specifications.
The Consultant shall in the preparation of the technical specifications, use CSI Standards, format,
developed and recommended by the Construction Specifications Institute (CSI). However all non-
technical terms and conditions shall be submitted separately as supplemental conditions. The 75%
Construction Documents submittal shall include all applicable sections of CSI Divisions, which shall
be at least 60% complete of the Specifications Sections 100% complete. These specifications shall
be in final form, except as may be revised through the review process.
3. The Consultant shall work closely with the Trust, and in consultation with the City as necessary, in
the preparation of the proposal or itemized bid form and shall prepare the supplementary terms and
conditions or similar document for those conditions unique to this specific project.
4. Color boards, which shall show complete color selections for all finish materials.
5. A Drawing Cover Sheet listing an index of all anticipated drawings by each discipline at the 90%
level.
6. An updated Statement of Probable Construction Cost broken down by specification sections. The
Statement shall include any adjustments necessary for projected award date, changes in
requirements, or general market conditions. Authorization to Proceed with the 90% Construction
Documents will not be issued if the latest Statement of Probable Construction Cost exceeds the
Total Authorized Construction Budget, unless the City increases the Total Authorized Construction
Budget or the Consultant, the Trust and the City agree on methods of cost reduction sufficient to
enable construction within the funds available. Any increase or reduction in the Construction
Budget shall be agreed upon in writing by the duly authorized signatories of the respective parties.
7. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit the Trust, in consultation with the City, to award a
Construction Contract within the limit of the budgeted amount
8. The Consultant shall not proceed with further construction documents development until approvals
of the 60% documents is received in writing from the Trust and the City as applicable. Approvals
by the Trust and the City shall be for progress only and does not relieve the Consultant of its
responsibilities and liabilities relative to code compliance and to other covenants contained in this
Agreement. The Consultant shall resolve all questions indicated on the documents and make all
changes to the documents necessary in response to the review commentary. The 60% Documents
review (check) set shall be retumed to the Trust, and the Trust shall forward copies as applicable to
the City, upon submission of 100% complete Construction Documents and the Consultant shall
provide an appropriate response to all review commentary noted on these previous Phase
documents
A2.03-(e) 90% Construction Documents Submittal: The Consultant shall make a 90%
Construction Documents submittal, for final review, comments and approval by the City in consultation with
the Trust The Trust shall review documents for program compliance only; it is the Consultants responsibility
to coordinate its Work as well as the Work generated by the various Subconsultants involved with the Work.
The 100% submittal shall include the following.
1. Three sets of all 90% constructions permittable and constructible drawings for review. Each Sub -
consultant shall provide its drawings to a 90% level of completion with this submittal. The Drawings
submitted at this Phase shall include all details, schedules, tables, and calculations for the project
to be submitted for "Dry -Run" Permit.
2. An electronic copy and one set of all reports, programs, and similar documents necessary for the
issuance of documents for bidding and construction contract award.
3. An updated Project Development Schedule, to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
4.' An updated Statement of Probable Construction Costs (including construction contingency
allowance and similar allowances) broken down by specification CSI sections. The Statement shall
include any adjustments necessary for projected award date, changes in requirements, or general
market conditions. If the Statement of Probable Construction Cost exceeds the Total Authorized
Construction Budget, the Consultant shall review materials, equipment, component systems and
types of construction included in the Contract Documents and shall recommend changes in such
items and/or reasonable adjustment in the scope of the Project that will result in bids within the
allocated funds. All such changes in the Contract Documents shall be made at no additional cost
to the Trust. It is agreed that any "Statement of Probable Construction Costs" prepared by the
Consultant represents a reasonable estimate of cost in Consultant's best judgment as a
professional familiar with the local construction industry.
5. Contractor payment s.chedule based on pay for performance parameters. Consultant shall identify
constuction milestones that are based on a monthly payment schedule.
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6. A list of all submittals, including samples and shop drawings that will be required of the construction
contractor that clearly identifies shop drawings or other submittals that wil require design by the
contractor.
7. Consultant shall submit separate from the drawings and specifications a list of all terms and
conditions recommended by the Consultant that are not in the City's standard construction bid
documents.
NOTE: BEA International shall be responsible for signing and sealing all drawings.
A2.03-(f) Dry Run Permitting: The Consultant shall file and follow-up for building permits at
the earliest practicable time during the performance of the Work, the necessary portions of the Contract
Documents for approval by City, County, State and/or Federal authorities having jurisdiction over the Project
by law or contract with the City, and shall assist in obtaining any such applicable certifications of "permit
approval" by such authorities prior to approval by the Department of the 100% complete Review Set and
printing of the Contract Documents. The Consultant shall promptly, at any time during the performance of
the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of
Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such
permitting authorities. The Consultant shall make all required changes and resolve all questions presented
or revisions required by the permitting authorities on the documents at no additional cost to the Trust From
the approved "Dry -Run"; Consultant shall deliver to the Trust one set of reconciled drawings, noting any and
all revisions in repooducible and CADD files to be uses as the "Bid Set" insuring there are no discrepancies
from permitted drawings. The 100% completed check set (s) shall be returned to the City. Upon final
approval by the City, the Consultant shall furnish a reproducible and two set of all drawings and technical
specifications and supplemental conditions and two electronic copy to the City, without additional charge.
A2.03-(g) 100% Drawings: The Consultant shall submit ten (10) copies of the permitted set of plans
together with ten copies of the final set of spcifications to the City with a revied Statement of Probable
Construction Cost thagt reflects any revisons in cost resulting from the permitting process.
A2.04 Phase IV - Bidding and Award of Contract:
A2.04-(a) Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the
Construction Documents, from authorities having jurisdiction, acceptance by the Trust and the City, as
applicable, of the 100% Construction Documents and latest Statement of Probable Construction Cost, the
Consultant shall assist the City, in consultation with the Trust, in obtaining bids, preparing and awarding the
construction contract. The City, for bidding purposes, will have the bid documents printed, or, at its own
discretion, may authorize such printing as a reimbursable service to the Consultant.
A2.04-(b) Issuance of Bid Documents, Addenda and Bid Opening
1. The City in consultation with the Trust shall issue the Bid Documents to prospective bidders and
keep a complete List of Bidders
2. The Consultant shall assist the City, in consultation with the Trust, 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 in consultation with the Trust.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant
shall attend all any pre -bid meeting(s) and require attendance of Subconsultants at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.04(c) Bid Evaluation and Award The Consultant shall assist the City, in consultation with the
Trust, in evaluation of bids, determining the responsiveness of bids and the preparation of documents for
Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for
Construction, the City, in consultaiton with the Trust, may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project, or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The
Consultant shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost based on such revisions with in the Total
Authorized Construction Budget. The City, in consultation with the Trust, may exercise such option
where the bid price exceeds 10% of the Fixed Construction Budget provided to the Consultant and
as may be modified by the City and the Consultant prior to soliciting bids.;
4. Suspend, cancel or abandon the Project.
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NOTE: Under item 3(c) above the Consultant shall, without additional compensation, modify the Construction
Documents as necessary to bring the Probable Construction Cost within the budgeted amount. The City, in
consultation with the Trust, may recognize exceptional construction market cost fluctuations before exercising option
3(c) above.
A2.05 Phase V - Administration of the Construction Contract:
A2.05-(a) The Construction Phase will begin with the award of the construction contract and will end
when the Consultant has provided to the City all post construction documents, including Contractor As -Built
drawings, Consultants record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of
Occupancy have been delivered to the City and the City and the Trust approve the final payment to the
Consultant. During this period, the Consultant shall provide administration of the construction contract as
provided by this Agreement, and as provided by law.
A2.05-(b) The Consultant, as the representative of the Trust and the City during the Construction
Phase, shall advise and consult with the Trust and the City and shall have the authority to act on behalf of
the Trust and the City to the extent provided in the General Conditions and the Supplementary Conditions of
the construction contract and their Agreement with the Trust and the City.
A2.05-(c) 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. Threshold inspection shall be provided by the Consultant at no additional cost
to the Trust and the City. The Consultant shall report on the progress o the Work, including any defects and
deficiencies that may be obeserved in the Work. The Consultant and/or Subconsultants will not be required
to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity
of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing
minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the
minutes. Consultant and Subconsultants will not be held responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.
The Consultant and his/her Subconsultants will not be held responsible for the Contractor's or
subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the
contract unless such failure of performance results from the Consultants acts or omissions.
A2.05-(d) The Consultant shall furnish the Trust with a written report, and the Trust shall forward
copies to the City, 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 Trust, and submit them in a timely manner. The Consultant and the
Subconsultants shall ascertain that the Work is acceptable to the Trust and the City, as applicable.
Consultant shall assist the Trust in ensuring that the Contractor is making timely, accurate, and complete
notations on the "as -built" drawings. Copies of the field reports shall be attached to the monthly
Professional Services payment request for construction administration services. The Consultant's failure to
provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests
and may result in a proportional reduction in Construction Administration fees paid to the Consultant.
A2.05-(e) Based on observations at the site and consultation with the Trust and the City, as
applicable, 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 Trust and to the City that, to the best of the Consultant's
knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the
Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition
subject to:
1. a detailed evaluation of the Work for conformance with the contract upon substantial completion;
2. the results of any subsequent tests required by the contract;
3. minor deviations from the contract correctable prior to completion;
4. any specific qualifications stated in the payment certificate and further that the Contractor is entitled
to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the
Trust, and the Trust shall forward to the City, regarding 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
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represent that the Consultant has made any examination to ascertain how and for what purpose the
Contractor has used money paid on account of the Construction Contract Sum.
A2.05-(f) The Consultant shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder. The Consultant shall render interpretations
necessary for the proper execution or progress of the Work upon written request of either the Trust or the
Contractor, and shallrender written decisions, within average of ten (10) calendar days, on all claims,
disputes and other matters in question between the Trust and the Contractor relating to the execution or
progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of
and reasonably inferable from, the Contract Documents and shall be in written or graphic form.
A2.05-(g) The Consultant shall have the authority to recommend rejection of Work, which does not
conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the
authority to recommend special inspection or testing of any Work deemed to be not in accordance with the
Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and
completed.
A2.05-(h) The Consultant shall promptly review and approve 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 Trust's Project Manager, Executive Director, and Director and shall be
authorized with or without change in costs to the construction. The Consultant shall have an average of ten
(10) calendar days form receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to
return the shop drawings or submittals to the Contractor with comments indicating either approval or
disapproval. Consultant shall provide the Contractor with a detailed written explaination as to the basis for
rejection.
A2.05-(i) The Consultant shall initiate and prepare required documentation for changes as required
by the Consultants own observations or as requested by the City, and shall review and recommend action
on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal
request, the Consultant shall, within ten (10) calendar days, review and submit to the Trust, his/her
recommendation or proposed action along with an analysis and/or study supporting such recommendation
and the Trust shall forward such recommendation to the City.
A2.05-0) 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 Trust and the City and the Contractor prepare a punch list of any defects and
discrepancies in the Work required to be corrected by the Contractor in accordance with Florida Statute
218.735 Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "
Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the
Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation
from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for
equipment, releases of liens/claims and such other documents and certificates as may be required by
applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued
to the Contractor.
A2.05-(k) The Consultant shall monitor and provide assistance in obtaining the Contractor's
compliance with the its contract relative to 1) initial instruction of Trust's personnel in the operation and
maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of
equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction
to occupancy by the City.
A2.05-(I) The Consultant shall furnish to the City the original documents, including drawings,
revised to as -built" conditions based on information fumished by the Contractor; survey, and specific
condition. In preparing the "as -built" documents the Constultant shall rely on the accuracy of the information
provided by the Contractor, including the Contractor's record drawings. Any certification required under this
Agreement includin the contents of "as -built" documents are conditioned upon the accuracy of the
information and documents provided by the construction contractor. Transfer of changes made by "Change
Authorization", "Change Order", "Request for information", substitution approvals, or other clarifications will
be the Consultant's responsibility to incorporate into the "as -built" and record documents. Changes made in
the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by
the Contractor on the 'Field Record Set" and transferred to the original contract documents by the
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PROFESSIONAL SERVICES AGREEMENT
Consultant. The original documents as well as the "Field Record Set" shall become the property of the City.
A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant.
A2.05-(m) The Consultant shall furnish to the City one complete set of "As -built Drawings", in Auto
CADD Version 2000 or such other format acceptable to the City.
A2.05-(n) The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting
"as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings
shall be furnished on 24" x 36" sheets and one electronic copy.
A2.05-(o) The Consultant assist the City in the completion of the Contractor's performance evaluation
performance during the performance of the construction work and upon final completion of the Project.
A2.06 Time Frames for Completion
Phase I Programming & Schematic Design 12 weeks
Phase II Design Development 10 weeks
Phase III Construction Documents 24 weeks
Phase IV Bidding and Award 16 weeks (estimated)
Phase V Construction Administration 78 weeks (estimated)
ARTICLE A3 ADDITIONAL SERVICES:
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City in consultation with the
Trust and are normally considered to be beyond the scope of the Basic Design Services. Additional Services shall
either be identified in a Work Order or shall be authorized by prior written approval of the Executive Director, Director
or City Manager and will be compensated for as provided in Attachment B.
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-(a) Needs Analysis: Special analyses of the City's needs, and special detailed programming
requirements for a project.
A3.02-(b) Specialty Studies: Financial feasibility, energy efficiency, life cycle costing, sustainability
consulting or other special studies.
A3.02-(c) Design Of Non -Project Facilities: Design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of a specific project.
A3.02-(d) Extraordinary Existing Conditions: Unless otherwise provided herein, providing services to
investigate existing conditions of facilities or to make measured drawings thereof, after the Consultant has
expended an amount of time deemed to be the normal requirement for renovation and alteration projects.
For the purposes of this Agreement, this amount of time shall be that equal to 0.3 of 1% of the Estimated
Construction Cost. The Consultant will be required to verify this expenditure, in writing, in accordance with
ARTICLE B4.
A3.02-(e) Cost Estimating: Professional detailed Estimates of Construction Cost consisting of quantity
surveys itemizing all material, equipment and labor required for a project.
A3.02-(f) Interior Design: Interior design services required for or in connection with the selection of
furniture or furnishings, except, all equipment, materials, supplies and related items included in the Scope of
Work.
A3.02-(g) Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities,
and surveys or inventories in connection with construction performed by the City of Trust.
A3.02-(h) Specialty Design: Any additional special professional services not included in the Scope of Work
including LEEDS Certification.
A3.02-(i) Full -Time Construction Management: The services of one or more full-time, on site project field
representatives during construction.
A3.02-(j) 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
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ATTACHMENT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, subcontractor, or equipment manufacturer
A3.02-(k) 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 the Trust and are due to causes beyond the control of the Consultant. (Major revisions
are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-(I) Expert Witness: Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration proceeding or legal proceeding, providing, however, that the Consultant cannot testify
against the City in any proceeding during the course of this Agreement.
A3.02-(m) Building Code Revisions: Revisions of plans and specifications required as a result of changes
in building code requirements.
A3.02-(n) Miscellaneous: Any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural/engineering practice related to construction.
A3.02-(o) Renderings: Upon the request of the Trust for a project rendering and upon written authorization
by the Executive Director, the Consultant shall submit several simple studies of proposed perspective
drawings for the Project, indicating suggestions for angles of view and general composition of a rendering.
Upon approval of a perspective format, the Consultant shall execute and submit one 20" x 30" framed and
glassed perspective rendering in color of the Project and three smaller 10" x 15" framed photographic
copies, in color as requested by the Trust. This will be considered as an additional service, to be
compensated on a mutually agreeable basis in accordance with this Agreement.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by the Trust and the City in addition to the
Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Sub -
consultants' for the purposes listed below. Transportation, travel and per diem expenses within Dade and
Broward Counties shall not be considered as reimbursable expenses under this Agreement. Any travel subject
to reimbursement must be approved by the City in advance of such travel. If Consultant is entitled to
reimbursement of travel expenses, then all bills for travel expenses shall be submitted following applicable
provisions of Section 112.061, Florida Statutes.
A4.01-(a) Communications Expenses
Identifiable communication expenses approved by the Project Manager, long distance telephone, courier
and express mail between the Consultant's various permanent offices. The Consultant's field office at the
Project site is not considered a permanent office.
A4.01-(b) Reproduction, Photography
Cost of printing, reproduction or photography, beyond that which is required by or of Consultant's part of the
work, set forth in this Agreement.
A4.01-(c) Geotechnical investigation
Identifiable Soil Borings and Reports and testing costs approved by Project Manager.
A4.01-(d) Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the construction Contractor.
A4.01-(e) Surveys Site surveys, special purpose surveys, and/or "As -built" surveys when authorized by the
Project Manager
A4.01-(f) Environmental Services
A4.01-(g) Other items not indicated in Section 4.01 when authorized by the Project Manager
A4.02 SUBCONSULTANT REIMBUREMENTS
Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant agreement
provides for reimbursable expenses and when such agreement has been previously approved in writing by the
Director and subject to all budgetary limitations of the Trust and/or the City, as applicable, and requirements of this
Agreement.
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ATTACHMENT A — SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
ARTICLE A5 THE TRUST'S AND THE CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
The Trust and/or the City, at its expense and insofar as performance under this Agreement may require, shall furnish
the Consultant with the information described below, or, if not readily available, may authorize the Consultant to
provide such information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-(a) Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations
of existing structures and/or trees, the grades and Tines of street, pavement, and adjoining properties; the
rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-(b) Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or
other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. The Consultant shall recommend necessary tests to the City.
A5.01-(c) General Project Information: Information regarding Project Budget, Trust, City and State
procedures, guidelines, forms, formats, and assistance required establishing a program as per Section
A2.01.(a)
A5.01-(d) Existing Drawings: Drawings representing as -built conditions at the time of original construction,
subject to availability. However, such drawings, if provided, are not warranted to represent conditions as of
the date of receipt. The Consultant must still perform field investigations as necessary in accordance with
Article 2.02A (5) to obtain sufficient information to perform his services. Investigative services in excess of
"Normal Requirements," as defined, must be authorized in advance.
A5.01-(e) Reliability:The services, information, surveys and reports described in A5.01-(a) through A5.01-
(d) above, shall be furnished at the Trust's expense, and the Consultant shall be entitled to rely upon the
accuracy and completeness thereof, provided the Consultant has reviewed all such information to determine
if additional information and/or testing is required to properly design the project.
A5.02 PROJECT MANAGEMENT
A5.02-(a) The Director or designee shall act on behalf of the City and the Executive Director or designee
shall act on behalf of the Trust in all matters pertaining to this Agreement. The Executive Director or
designee shall issue all Notices to Proceed to the Consultant. The Executive Director or designee shall
approve all invoices for payment to the Consultant.
A5.02-(b) The Executive Director and Director shall designate a City Project Manager from staff to have
general responsibility for management of the Project. The Project Manager shall meet with the Consultant
at periodic intervals throughout the Work to assess the progress of the Work in accordance with approved
schedules. The Project Manager shall also examine documents submitted by the Consultant, including
invoices, and shall promptly render decisions and/or recommendations pertaining thereto, to avoid
unreasonable delay in the progress of the Work.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-(a) During the construction phase, the Consultant, the Trust and the City's staff shall assume the
responsibilities described in the general conditions and supplementary conditions of the construction
contract relating to review and approval of the construction work by the Contractor.
A5.03-(b) If the Trust or the City observes or otherwise becomes aware of any fault or defective Work in the
Project, or other nonconformance with the contract during the construction phase, the City shall give prompt
notice thereof to the Consultant.
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ATTACHMENT Al
PROJECT DESCRIPTION
1.0 OVERVIEW
ATTACHMENT A — SCOPE OF SERVICES
The intent of the Project is to secure space for the current and long-term needs of a museum for the Virginia Key
Beach Park Trust as outlined in the Request for Qualifications, which is attached hereto and made a part of this
Agreement.
The Project calls for initial design of approximately a 30,000 square foot (s.f.) facility.
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ATTACHMENT A — SCOPE OF SERVICES
SCHEDULE A2 - SUBCONSULTANTS
FIRM NAME
TLC Engineers
EAC Consulting
LLA
E-Science
Tierra, Inc.
Ludivici & Orange
Yazi
NAME
Gustavo Berenblum
Mario Gooden
Ray Huff
Carlos Ramirez
Michael Adelfe
Manny Miele
Misael Rodriguez
CONSULTING FIELD
MEP
Civil
Landscape & Irrigation
Environmental
Geotechnical
Surveying
Signage
SCHEDULE A3 - KEY STAFF
JOB CLASSIFICATION
Principal & Project Mgr. — BEA
Design Principal — Huff + Gooden
Design Director — Huff + Gooden
Project Architect
Civil Engineer
Construction Administrator
Structural Engineer
********END ATTACHMENT A********
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ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 COMPENSATION FOR SERVICES
B1.01 PROFESSIONAL SERVICE FEES
The compensation for the Work to be perfomed by the Consultant will be based on one of the following three
methods or a combination thereof:
a) Percentage of Construction Cost in accordance with Section 7.0IA.
b) Mutually agreeable Fixed Sum.
c) Hourly Rate
B1.02 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant
payable by the Trust under this Agreement shall be limited to the amount specified in Section 2.03-1 as the
maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances
will the Trust and/or 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 Executive Director, City Manager, City Commission, or the Virginia
Key Beach Park Trust as applicable as an increase to the Agreement and put into effect via an Amendment
to this Agreement.
ARTICLE B2 WAGE RATES
B2.01 FEE BASIS
Fees and compensation payable under this Agreement may be based upon the Wage Rates that have been
approved by the Executive Director and Director. Said Wage Rates are summarized in Schedule B1
incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the
City, of Consultant and Subconsultant employees in the specified professions and job categories that are to
be utilized to provide the Professional Services under this Agreement, regardless of manner of
compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These may include, but are not Iimted to, architects, engineers, landscape
architects, designers, CADD technicians, project managers, GIS and environmental specialists, specification
writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a
given Scope of Work, the Trust reserves the right to recommend the use of Consultant employees at
particular Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement Wage Rates, a multiplier of (2.9) shall apply to the approved
average hourly Wage Rates in calculating compensation payable by the City. If a full or part time -time
project Field Representative is required the multiplier shall not exceed (2.9). Said multiplier is intended to
cover Consultant employee benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement,
medical, insurance and unemployment benefits) and Consultant's profit and overhead, including, without
limitation, office rent, local telephone and utility charges, office and drafting supplies, 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 Trust and the 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:
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B3.01 FIXED SUM
The Trust shall pay the sum of as specified in Article 2.03, said sum being hereinafter called the "Basic Fee"
or total "Basic Compensation". The Fixed Sum shall be based on the rates for Consultant and
Subconsultant employees identified in Schedule B1 Wage Rates plus the multiplier identified in Article
B2.03. The Consultant shall be required to provide their calculation for determining their proposed Fixed
Fee.
If the total budgeted funds for construction of the Project (including construction allowances), are increased
or decreased by more than 10% or the scope of work for this Project is significantly changed, inconsistent
with previous approvals, the fixed fee shall be subject to re -negotiation. However, such fee adjustment will
not be made retroactively to a Phase, which had been completed and approved.
When a portion or all of the construction allowances or contingencies are utilized for authorizing changes to
the Project, the Consultant shall not be entitled to additional compensation unless the scope of work for this
Project is significantly changed, inconsistent with previous approvals.
If a Change Order to the Project is required to modify the Scope of Work, the Consultant will be authorized
an adjustment to the Basic Fee as provided herein, at the rate equal to the percentage represented by the
total Basic Fee to the construction amount at award of the construction contract. City requested changes
shall be paid for at the rate equal to the percentage represented by the total Basic Fee to the construction
amount at award of the construction contract. Such compensation adjustments shall be authorized upon
completion of Phase V of the Project.
The Fixed Sum compensation shall be calculated by Consultant utilizing the Wage Rates established herein.
The City may require Consultant to verify or justify its requested fixed Sum compensation. Such verification
shall present information deemed sufficient and acceptable to City.
B3.02 PERCENTAGE OF CONSTRUCTION COST
3.02-1 PERCENTAGE OF CONSTRUCTION COST
A fee of N/A % based on the "Applicable Construction Cost Factor", as defined below, for the
design and construction of the Project said percent being hereinafter called the "Basic Fee". If the City
in consultation with the Trust authorizes an increase in the scope of the Project or the total budgeted
funds for construction of the Project, the Basic Fee will be adjusted.
The "Applicable Construction Cost Factor" shall be the total budgeted funds for construction or the
Consultant's estimate of probable construction cost, whichever is lower, less the construction contract
allowances or contingencies.
The "Applicable Construction Cost Factor" for Phase V shall be the "Actual Construction Cost". The
"Actual Construction Cost" does not include any unused portion of the construction contract allowances
or contingencies, compensation of the consultant, the cost of land, rights -of -way, works of art, and other
costs, which are the responsibility of the City.
When a portion or all of any construction contract allowances or contingencies are utilized for
authorizing changes to the construction contract, or a change order is required to increase the work
authorization amount the Consultant will be authorized an adjustment to the Basic Fee as provided
herein. The Consultant shall be paid for changes to the work not attributable to errors in the
Construction Documents at the rate stipulated pursuant to the percentage fee. The Consultant shall
not be paid fees for any changes attributable to errors and omissions. City requested changes shall be
paid for at the rate stipulated for the percentage fee. Such compensation adjustments shall be
authorized upon completion of Phase V of the Project.
B3.03 HOURLY RATE FEES
B3.03-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified
in Schedule B1 Wage Rates plus the multiplier identified in Article 62.03. All hourly rate fees will include
a maximum not to exceed figure, inclusive of all costs expressed in the Agreement. The City and the
Trust shall have no liability for any fee, cost or expense above this figure.
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B3.03-2 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 in consultation with the Trust will establish an allowance that shall serve as a not
to exceed fee for the Work to be performed on an hourly rate basis.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall be reimbursed on the cost borne by the Consultant and
shall not include charges for Consultant handling, office rent or overhead expenses of any kind, including
local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional
dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or
other employees time or travel and subsistence not directly related to the Project. All reimbursable services
shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess
of sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of
this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES
The design of additive and deductive alternates contemplated as part of the original Scope for the Project as
stated in the Agreement is considered as part of Basic Services. The design of additive and deductive
alternates that are beyond the original Scope of Work and construction budget may be billed the City as
Additional Services. The fees for alternates will be calculated by one of the methods outlined above, as
mutually agreed by the Director and the Consultant.
B3.06 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation and/or
Reimbursable Expenses, as defined in this Agreement under Sections 83.06 and B3.04 respectively, may
be applicable.
B3.06-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed upon
Lump Sum or Hourly Rate with a Not to Exceed Limit,.
B3.06-2 Procedure and Compliance
Provided that the fee for required Additional Service(s) are within the Allowance for Additional Services
established herein, an independent and detailed Notice to Proceed shall be required to be issued and
signed by the Executive Director, and the Director for each additional service requested by the Trust.
Should said Allowance for Additional Services be exhausted, then an Amendment to the Agreement will
also be required for further Work of this type. The Notice to Proceed will specify the fee for such service
and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami
regulations, including the Purchasing Ordinance, the Consultant's Competitive Negotiation Act, and
other applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional Services shall not include additional charges for office rent
or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings
and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not
directly related to the Project.
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by Trust or by the City for revisions and/or modifications to drawings
and specifications, for extended construction administration, or for other work when such work is due to
errors or ommissions of Consultant as determined by Trust and the City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If the Project is suspended for the convenience of the Trust or the City for more than three (3) months or
terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services
duly authorized, performed prior to such suspension or termination, and all appropriate, applicable, and
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documented expenses resulting from such suspension or termination. If the Project is resumed after having
been suspended for more than three months, the Consultant's further compensation shall be subject to
renegotiation.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
E34.01 PAYMENTS GENERALLY
Payments for Professional Services may be requested monthly in proportion to services performed during
each Phase of the Work. Sub -Consultant fees shall be billed to the City in the actual amount paid by
Consultant. Consultant shall utilize the invoice included in Attachment D as part of this Agreement.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For this Project, for which comprehensive design services are stipulated, payments shall, in the aggregate,
not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase.
This payment shall be made monthly, based upon the schedule of deliverables, and according to the phases
of this Agreement, in proportion to the services performed do that the compensation at the completion of
each phase shall equal the following percentages and amounts of the total fee for basic services:
Virgina Key Beach Park Trust Museum
Phase I Pre -Design Services and Schematics 15% $188,820.00
Phase II Design Development 20% $251,760.00
Phase III Construction Documents 40% $503,520.00
Phase IV Bidding and Award 05% $ 62,940.00
Phase V Construction Administration 20% $251,760.00
Total Basic Fee $1,258,800.00
At the City's option, partial payments may be made during the Construction Contract Administration Phase
in proportion with amounts paid on the Construction Contract. Sub -Consultant fees shall be billed to the
Trust in the actual amount paid by Consultant.
The Consultant is required to file a Monthly Utilization Report (MUR) report with the City. The MUR is
required to accompany every invoice. The MUR should indicate the amount of Agreement monies received
and paid as a the Consultant, including payments to Sub-Consultant(s) (if applicable), from the Trust or the
City pursuant to the Project. Authorized representatives of each listed Sub-Consultant(s) shall sign the
report, verifying their participation in the work contracted and receipt of the monies listed.
B4.03 PAYMENT FOR ADDITIONAL SERVICES
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
Executive Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked
and total charge for all personnel directly engaged on a project or task. The Consultant shall attach to the
invoice all supporting data for payments made to Subconsultants engaged on the Project or task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
ARTICLE B5 COMPENSATION FOR REUSE
B5.01 GENERAL
It is understood by Consultant that the Trust or the City may re -use the plans and specifications, including
construction drawings, at the City's sole option. By virtue of signing this Agreement Consultant and
Subconsultants agree to a re -use in accordance with this Article without the necessity of further approvals,
compensation, fees or documents being required and without recourse for such re -use.
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SCHEDULE B1 - WAGE RATES
JOB CLASSIFICATION
HOURLY RATE
(Multiplier Applied)
BEA & Huff + Gooden
Sr. Principal
$235.00
Principal
$200.00
Associate
$150.00
Graduate Architect
$100.00
Junior Architect
$75.00
Clerical Administrative
$65.00
EAC Consultants & TLC Engineers
Principal
$220.00
Director
$185.00
Sr. Engineer
$160.00
Engineer
$130.00
Engineer, Specialist
$100.00
Graduate Engineer
$80.00
Clerical
$60.00
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