HomeMy WebLinkAboutPSA - A.D.A. EngineeringService Category
Contract Type
Consultant
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Construction Engineering & Inspection Services
(RFQ No. 09-10-016)
Miscellaneous Projects
A.D.A. Engineering
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 4
ARTICLE 2 GENERAL CONDITIONS 5
2.01 TERM 5
2.02 SCOPE OF SERVICES 5
2.03 COMPENSATION 5
ARTICLE 3 PERFORMANCE 6
3.01 PERFORMANCE AND DELEGATION 6
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 6
3.04 TIME FOR PERFORMANCE 6
ARTICLE 4 SUBCONSULTANTS 7
4.01 GENERAL 7
4.02 SUBCONSULTANT RELATIONSHIPS . . 7
4.03 CHANGES TO SUBCONSULTANTS 7
ARTICLES DEFAULT 7
5.01 GENERAL 7
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8
ARTICLE 6 TERMINATION OF AGREEMENT 8
6.01 CITY'S RIGHT TO TERMINATE 8
6.02 CONSULTANT'S RIGHT TO TERMINATE 8
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT.. 8
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 9
7.03 RE -USE BY CITY 9
7.04 NONDISCLOSURE 9
7.05 MAINTENANCE OF RECORDS 9
ARTICLE 8 INDEMNIFICATION 9
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 10
9.03 FORMS OF COVERAGE 10
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 11
10.01 AUDIT RIGHTS 11
10.02 ENTIRE AGREEMENT... 11
10.03 SUCCESSORS AND ASSIGNS 11
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE .. . .. 11
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 11
10.06 NOTICES 11
10.07 INTERPRETATION... 12
10.08 JOINT PREPARATION . 12
10.09 PRIORITY OF PROVISIONS 12
10.10 .. _ MEDIATION - WAIVER OF JURY TRIAL . 12
•10.11 - TIME 12
CIP Contract No. Page 1
Construction Engineering and Inspection Services PSA (09-10-016)
TABLE OF CONTENTS (CONTINUED)
10.12 COMPLIANCE WITH LAWS 12
10.13 .NO PARTNERSHIP 13
10.14 DISCRETION OF DIRECTOR 13
10.15 RESOLUTION OF CONTRACT DISPUTES• 13
10.16 INDEPENDENT CONTRACTOR- 14
ATTACHMENT A - SCOPE OF WORK 18
ARTICLE Al GENERAL 18
A1.01 SCOPE OF SERVICES 18
ARTICLE A2 BASIC SERVICES 18
A2.01 Construction Engineering & Engineering and Inspection Services 18
A2.02 Coordination 18
A2.03 General Requirements 19
A2.04 Construction Engineering and Inspection Services 19
A2.05 Verification Sampling and Testing 20
A2.06 Verification Inspection Services 20
A2.07 Personnel 23
A2.08 Staffing 24
A2.09 Time Frames for Completion 24
ARTICLE A3 ADDITIONAL SERVICES 24
A3.01 GENERAL 24
ARTICLE A4 REIMBURSABLE EXPENSES 25
A4.01 GENERAL 25
ARTICLE A5 CITY'S RESPONSIBILITIES 25
A5.01 PROJECT & SITE INFORMATION 25
ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT 25
SCHEDULE Al. - SUB -CONSULTANTS 27
SCHEDULE A2. - KEY STAFF 27
ATTACHMENT B - COMPENSATION AND PAYMENTS 28
ARTICLE B.1 METHOD OF COMPENSATION 28
B1.01 COMPENSATION LIMITS .. . . 28
B1.02 CONSULTANT NOT TO EXCEED 28
ARTICLE B2 WAGE RATES 28
B2.01 FEE BASIS 28
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 28
B2.03 MULTIPLIER 28
B2.04 CALCULATION 28
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 29
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 29
B3.01 LUMP SUM 29
B3.02 HOURLY RATE FEES 29
B3.03 REIMBURSABLE EXPENSES..... 29
B3.04 FEES FOR ADDITIONAL SERVICES ... 30
B3.05 PAYMENT EXCLUSIONS 30
B3.06 FEES RESULTING FROM PROJECT SUSPENSION . 30
ARTICLE B4 PAYMENTS TO THE CONSULTANT 30
B4.01 PAYMENTS GENERALLY 30
84.02 FOR COMPREHENSIVE BASIC SERVICES 30
B4.03 BILLING - HOURLY RATE 31
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 31
B4.05 DEDUCTIONS 31
ARTICLE B5 REIMBURSABLE EXPENSES. 31
B5.01 GENERAL 31
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 32
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 32
86.01 GENERAL 32
SCHEDULE.B1 - WAGE RATES SUMMARY 33
CIP Contract No. Page 2
Construction Engineering and Inspection Services PSA (09-10-016)
CITY OF MIAMI
DEPARTMENT'OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Construction Engineering & Inspection Services
(RFQ No. 09-10-016)
Contract Type Miscellaneous Projects
Consultant A.D.A. Engineering
Consultant Office Location 8550 NW 33`d Street, Suite 101, Doral, Florida 33122
City Authorization City Code Section 18-87
This Agreement made this?/ day of
in the year 2011 ("Agreement") by
and between the City of Miami, Florida, hereinafter called the "City," and (Consultant's Name),
hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 09-10-016 on April 30,
2010 for the provision of Construction Engineering and Inspection Services (CEI) for
Miscellaneous Projects ("Services") and Consultant's proposal ("Proposal'), in response
thereto, was selected as one of the most qualified for the provision of said Services. The RFQ
and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents,
and are by this reference expressly incorporated into and made a part of this Agreement as if
set forth in full.
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
CIP Contract No. 1 / — Yj h 0 Page 3
Construction Engineering at Inspection Services PSA (09-10-016)
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with
Florida Statutes and City Code.
1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by
reference and made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in a Work Order.
1.05 City Commission 'means the legislative body of the City of Miami.
1.06 City Manager means the duly appointed chief administrative officer of the City of Miami.
1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency
which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's
performance is pursuant to City's position as the Owner of the Project. In the event the City exercises its
regulatory authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body and shall not be attributable in any manner to City as
a party to this Agreement. The City of Miami shall be referred to herein as "City". For the purposes of this
Agreement, "City" without modification shall mean the City Manager.
1.08 Construction Training/Qualification Program (CTQP) means the City program for training and
qualifying technicians in Aggregates. Concrete, Earth work, and Asphalt. The University of Florida
Transportation Research Center (TRC) administers this program. Program information is available at the
CTQP website.
1.09 Consultant means the individual, partnership, corporation, association, joint venture, or any
combination thereof, of properly registered professional architects, or engineers, which has entered into
the Agreement to provide professional services to the City.
1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any
combination thereof, which has entered into a contract with the City for construction of City facilities and
incidentals thereto.
1,11 Director means the Director of the City Department designated herein who has the authority and
responsibility for managing the specific project or projects covered under this Agreement. Unless
otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top
administrator of the Department of Capital Improvements Program or designee.
1.12 Errors means items in the plans, specification or other documents prepared by the Consultant that
are shown incorrectly, which results in a change to the Services and results in the need for the
construction contractor to perform rework or additional work or which causes a delay to the completion of
construction.
1.13 Errors and Omissions means design defects or deficiencies in the plans, specification or other
documents prepared by the Consultant, which must be corrected in order for the project to function or be
built as intended.
1.14 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make Engineering and Inspections of Work performed by a Contractor.
1.15 Notice to Proceed means same as "Authorization to Proceed.' A duly authorized written letter or
directive issued by the:Director or Project Manager acknowledging that all conditions precedent have been
met and/or directing that Consultant may begin work on the Project.
CEP Contract No. Page 4
Construction Engineering and Inspection Services PSA (09-10-016)
PROFESSIONAL SERVICES AGREEMENT
1.16 Omissions means items in the plans, specification or other documents prepared by the Consultant
that are not shown or included which are necessary for the proper and/or safe operation of the Project or
required to meet the Scope of Services.
1.17 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor the Services to be performed under this Agreement and the construction of a project
as a direct representative of the City.
1.18 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of
a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined
in the Scope of Services and/or Work Order issued pursuant to this Agreement.
1.19 Professional Services means those services within the scope of the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of
the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or
mapper in connection with his or her professional employment or practice. These services may be
abbreviated herein as "architectural/ engineering services" or "professional services", as applicable, which
are within this definition.
1.20 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of loss for the City.
1.21 Scope of Services or Services means a comprehensive description of the activities, tasks, design
features, objectives, deliverables and milestones required for the completion of Project or an assignment
with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion.
1.22 Sub -Consultant means a person or organization of properly registered professional architects,
engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a
written agreement with the Consultant to furnish specified professional services for a Project or task.
1.23 Verification Testing and Inspection means the level of testing and inspection as defined in the
latest version of the Florida Department of Transportation (FDOT) Standard Specifications (Red Book)
and FDOT's Construction Project Administration Manual (CPAM).
1.24 Wage Rates means the effective direct expense to Consultant and/or Sub -Consultant, on an hourly
rate basis, for employees in the specified professions and job categories assigned to provide services
under this Agreement that justify and form the basis for professional fees regardless of actual manner of
compensation.
1.25 Work Order means .a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.26 Work Order Proposal means a document prepared by the Consultant, at the request of the City for
Services to be provided by the Consultant on a specific Project or phase of a Project.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreement shall be for two (2) years commencing on the effective date hereof. The City,
by action of the City Manager, shall have the optionto extend the, termfor two'(2), additional'periods of one
(1) year each', subject to continued satisfactory performance as determined by the Director, and to the
availability and appropriation of funds. City Commission authorization of this Agreement includes
delegation of authority to the City Manager to administratively approve said extensions provided that the
compensation limits set forth in 2.03 are not exceeded.
2.02 SCOPE OF SERVICES
Consultant agrees to provide the Services as specifically described and set forth in Attachment "A" hereto,
which by this reference is incorporated into and made a part of this Agreement.
2.03 COMPENSATION
2.03-1 Compensation Limits
CIP Contract No. _ = Page 5
Construction Engineering and Inspection Services PSA (09-10-016)
PROFESSIONAL SERVICES AGREEMENT
The amount of compensation payable by the City to Consultant shall generally be a lump sum or not
to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this
reference is incorporated Into this Agreement; provided, however, that in no event:shallthe amount of
compensation exceed Five Hundred' Thousand ($500,000)1'in total over the term of the Agreement and
any extension(s), unless explicitly approved by action of the City Commission or City Manager as
applicable and put into effect by written amendment to this Agreement. The City may, at its sole
discretion use other compensation methodologies. The work .may never exceed the [imitations
provided in §287.055 (2) (g), Florida Statutes,
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Chapter 218, Florida Statutes, Part VII, Local Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If
Consultant is entitled to reimbursement of travelexpenses, then all bills for travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes, Consultant shall utilize Attachment
"C" for the submission of invoices.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The Services to be performed hereunder shall be performed by the Consultant's own staff, unless
otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be
construed as constituting an agreement between the City and said other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consuttant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or sub -contractors engaged by the Consultant to provide and
perform Services pursuant to the requirements of this Agreement. The Consultant shall respond to City
within fourteen (14) calendar days of receipt of such request with either the removal and replacement of
such personnel or written justification as to why that may not occur. All decisions involving personnel will
be made by Consultant. Such request shall solely relate to said employees work under this Agreement.
3.03 CONSULTANT KEY STAFF
The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of
particular staff identified in Consultant's response to City s solicitation, hereinafter referred to as "Key
Staff". •Consultant shall ensure that Key Staff are available for Work hereunder as long as said Key Staff
is in Consultant's employ. Consultant will obtain prior written acceptance of Director or designee to
change Key Staff. Consultant shall provide Director, or designee with such information as necessary to
determine the suitability of proposed new Key Staff. Director wit act reasonably in evaluating Key Staff
qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to
perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task ori phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation. Time is of the essence in performance of services under this agreement.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall
perform all Services in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
47-1:033(1).of:the -Florida Statutes, as amended. Consultant shall.perform due diligence, in.accordance
with„besti industry practices;:in.gather-information and inspecting a Project site prior to.the commencement
CIP Contract No. Page 6
Construction Engineering and Inspection Services PSA (09-10-016) "'
PROFESSIONAL SERVICES AGREEMENT
of design. Consultant shall be responsible for the professional quality, technical accuracy and
coordination of all design, drawings, specification, and other Services furnished by the Consultant under
this Agreement. Consultant shall, without additional compensation, correct or revise any errors,
omissions, and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall
also be liable for claims for delay costs, and any increased costs in construction, including but not limited
to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or
deficiencies in its designs, drawings, specification or other Services.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Sub -Consultant, as defined in Article 1.18 is a firm that was identified as part of the
consulting team in the competitive selection process by which Consultant was chosen to perform the
services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto
and incorporated by reference.
4.01-2 A Specialty Sub -Consultant is a person or organization that has, with the consent of the
Director, entered into a written agreement with the Consultant to furnish unique and/or specialized
professional services necessary for a Project or task described under Additional Services. Such
Specialty Sub -Consultant shall be in addition to those identified in Schedule Al.
4.02 SUBCONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Sub -Consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Sub -Consultants, which shall contain provisions
that preserve and protect the rights of the City under this Agreement.
4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship
between the City and the Sub -Consultants. The Consultant acknowledges that Sub -Consultants are
entirely under its direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not add or modify change any Sub -Consultant listed in Schedule Al without
prior written approval by the Director or designee, in response to a written request from the
Consultant stating the reasons for any proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder
the City, in addition to all remedies available to it by law, may immediately, upon written notice to
Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately retumed to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not release
Consultant from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.92 CONDITIONS OF DEFAULT
A .finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required_
CIF, Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
Page 7
PROFESSIONAL SERVICES AGREEMENT
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with
the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the Work in a timely manner as required by this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
City through the Director or designee shall provide written notice to Consultant as to a finding of default,
and Consultant shall take all necessary action to cure said default within time stipulated in said notice,
after which time the City may terminate the Agreement. The City at its sole discretion, may allow
additional days to perform any required cure if Consultant provides written justification deemed reasonably
sufficient.
Should any such failure on the part of Consultant be due to a condition of Force Majeure as that term is
• interpreted under Florida law; then the City may allow an extension of time reasonably commensurate with
the cause of such failure to perform or cure.
ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The City, including the Director or designee has the right to terminate this Agreement for any reason or no
reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches,
studies, drawings, and other documents, including all electronic copies related to Services authorized
under this Agreement, whether finished or not, must be tumed over to the Director or designee. The
Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation
is tumed over to Director or designee within ten (10) business days of termination. Failure to timely deliver
the documentation shall be cause to withhold any payments due without recourse by Consultant until all
documentation is delivered to the Director or designee.
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except
to retain the fees eamed compensation for the Services that was performed in complete compliance
with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or
entitlement it may have, or will, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The'Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a
written statement from Consultant specifying its breach of its duties under this Agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this Agreement
without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
ARTICLE 7 DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained
under this Agreement, as well as all data collected, together with summaries and charts derived there
from, including all electronic digital copies will be considered works made for hire and will, based on
incremental transfer wherein the above shall become the property of the City upon payments made to
Consultant or termination of this Agreement without restriction or limitation on their use, and will be made
o available, on request, to City at any time during the performance of such services and/or upon completion •
or.termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
Page. 3;•,,
PROFESSIONAL SERVICES AGREEMENT
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within len (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the Citys sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
conceming the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub -Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its
services hereunder. Records subject to the provisions of Public Record Law, Florida Statutes Chapter
119, shall be kept in accordance with statute. Otherwise, the records and documentation will be retained
by Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date
the Project is completed, whichever is later. City, or any duly authorized agents or representatives of City,
shall have the right to audit, inspect, and copy all such records and documentation as often as they deem
necessary during the period of this Agreement and during the three (3) year period noted above; provided,
however such activity shall be conducted only during normal business hours.
ARTICLE 8 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and defend the City, its officials and employees harmless
from any and all claims, losses and causes of actions which may arise out of the performance of this
Agreement as a result of any act of negligence or negligent omission, recklessness, or intentionally
wrongful conduct of the Consultant or the Sub -Consultants. The Consultant shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all project related suits, in the
name of the City when applicable, and shall pay all costs, including without limitation reasonable attorney's
and appellate attorney's fees, and judgments which may issue thereon. The Consultant's obligation under
this paragraph shall not be limited in any way by the agreed upon contract price, or the Consultant's limit
of, or lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the
negligence, act, omission, recklessness or intentional wrongful conduct of the Consultants, its agents,
servants, or representatives. This indemnity shall be construed and interpreted to comply with §725.08,
Florida Statutes, as amended.
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager or his/her authorized designee, has approved
such insurance.
9.01 COMPANIES PROVIDING COVERAGE
` CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-015)
PROFESSIONAL SERVICES AGREEMENT
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9,02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consuttant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request.
9.03 FORMS OF COVERAGE
9.03-1 COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY
The consultant shall maintain commercial general liability coverage with limits of at least $1,000,000
per occurrence, $2,000,000 aggregate for bodily injury and property damage. The coverage shall
include Premises and Operations, Contingent and Contractual Liability, and Products and Completed
Operations, with additional endorsements as applicable. The coverage shall be written on a primary
and non contributory basis with the City listed as an additional insured as reflected by endorsement
CG 2010 11/85 or its equivalence. Notice of cancellation should read (30) days/ (10) days for
nonpayment.
9.03-2 BUSINESS AUTOMOBILE
The consultant shall provide business automobile liability coverage including coverage for at owned,
hired and non owned autos with a minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10)
days for nonpayment.
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per claim, $1,000,000 aggregate providing for all
sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the
services performed by the Consultant or any person employed by the Consultant in connection with
this Agreement. This insurance shall be maintained for at least one year after completion of the
construction and acceptance of any project covered by this Agreement.
9.03-4 WORKER'S COMPENSATION INSURANCE
The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes,
Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,0D0 each
occurrence.
9.03-5 SUB -CONSULTANT COMPLIANCE
Consultant shall ensure that all Sub -consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
CIP Contract No.
_ •= Construction Engineering and Inspection Services PSA (09-10-016)
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement
between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, exoept by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk safe, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed Assignee and the execution of an AssignmenU Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors', legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City
determines the project price was increased due to inaccurate, incomplete or non -current wage rates and
other factual unit costs. All such price adjustments will be made within 1 year following the end of the
Project.
10.05 APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and govemed by the laws of the
State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this
Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees
except in actions arising out of Consultant's duties to indemnify the City under ARTICLE 8 where
Consultant shall pay the City's reasonable attorney's fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
For City of Miami:
Albert Sosa, P.E,, Assistant Director
CIP Contract No. "Paged'
Construction Engineering and Inspection Services PSA (09-10-016)
PROFESSIONAL SERVICES AGREEMENT
City of Miami
Capital Improvements Program (CIP)
444 S.W. 2"d Ave., - 8t6 Floor
Miami, Florida 33130
For Consultant:
Ivette 0. Argudin
Vice - President
ADA Engineering
8550 NW 33'" Street, Suite 101
Miami, FL 33122
10.07 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual intent and no
rule of strict construction shall be applied against either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City and Consultant and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of
the parties than any other.
10.09 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
10.10 MEDIATION - WAIVER OF JURY TRIAL
in an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
design and /or construction of the subject project(s), and/or following the completion of the projects(s), the
parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation
prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator,
who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County,
State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant
agrees to include such similar contract provisions with all Sub -Consultants and/or independent contractors
and/or Consultants retained for the project(s), thereby providing for non -binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or
to file permissive counterclaims in any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement.
10.12 COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions
including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable
guidelines and standards in performing its duties, responsibilities, and obligations related to this
Agreement. -The Consultant represents and warrants that there shall be no unlawful discrimination as
'provided by law in connection with the performance of this Agreement.
10.12-1:. .. Non -Discrimination
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)''-`' '_
PROFESSIONAL SERVICES AGREEMENT
City warrants and represents that it does not and will not engage in discriminatory practices and that
there shall be no discrimination in connection with Consultant's performance under this Agreement on
account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant
further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
10.12-2 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local laws, rules, regulations and ordinances. The City reserves the right to refuse Consultant access
to City property, including project jobsites, if Consultant employees are not properly equipped with
safety gear in accordance with OSHA regulations or if a continuing pattem of non-compliance with
safety regulations is exhibited by Consultant.
10.12-3 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act ("ADA') in the course of providing any work, labor or services funded by the City, including Titles I
& II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations,
guidelines and standards. Additionally —the Consultant shall take affirmative steps to —insure
nondiscrimination in employment of disabled persons.
10.13 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or
other business enterprise between the parties. The Consultant has no authority to bind the City to any
promise, debt, default, or undertaking of the Consultant.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within
the exercise of the reasonable professional discretion of the Director or the Director's authorized
designee.
10.15 RESOLUTION OF CONTRACT DISPUTES:
Consultant understands and agrees that all disputes between it and the City based upon an alleged
violation of the terms of this Agreement by the City shall be submitted for resolution in the following
manner.
The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit
a copy to the City of Miami personnel identified in Article 10.06, Notices.
Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their
dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in
Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the
issues relative to the dispute and issue a written finding.
Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute, the Consultant shall
submit their dispute in writing within five calendar days to the Director. Failure to submit such appeal of the
written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said
notification the Director shall review the issues relative to the dispute and issue a written finding.
Consuttant must submit any further appeal in writing within five calendar days to the City Manager. Failure
to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant.
Appeal to the City Manager for his/her resolution, is required prior to Consultant being entitled to seek
judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000,
the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall
not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if.
applicable, or
CIP Contract No. Page 13
Construction Engineering and Inspection Services PSA (09-10-016)"
PROFESSIONAL SERVICES AGREEMENT
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of
the dispute, accompanied by all supporting documentation, or a period of (90) days has expired
where City Manager's decision is subject to City Commission approval; or
(iii) City has waived compliance with the procedure set forth in this section by written instrument(s)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide Services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds andlor change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as wet advising the consultant of their
performance.
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
Page'14
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST:
Signature
tName d • /i cldtn, (l P
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
riscilla A. Tho
APPROVED AS Tn INSRANCE
REQUIREMENT
r
{
ry Reshefs
Risk Manage
CIP Contract No
Construction Engineering and Inspection Services PSA (09-10-016) r"<#
y,
ent
irector
■ epartment
T,Ve A.D.A. Engineering) nC
'; C
or 7iicial �I
(Corporate Sealp ,zi.,r O
„
CITY OF MIAMI, a municipal corporation o
State of Florida
onv E. Crapp, Jr.. i v Ma
nager
E. Jr., I y Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
ulie O, Bru, 'G-'fty Attorney
age 15
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HERBY CERTIFY that at a meeting of the Board of Directors, of
LI) �JwJ E' er169 „M C. a corporation organized and existing under
the laws of the State of F .�'r1.)41 held on the /4, day of e ru<-rcf , a
resolutio was dulypassed and adopted authorizing (Name3th,e77 / - Q' ii as
(Title) vre,5icfeh 1 of the corporation to execute agreements ofi behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this,`, day of h-A€/L
20 1! "�f
Secretary0a t1
Print: 7i/Qj-le. (.Cjtl �✓1
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
1 HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner, shall be the
official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
State
Zip
CIP Contract No. -
Construction Engineering and Inspection Services PSA (09-10-016)
Page 16
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
business as (d/b/a)
executed and am bound by the terms of the Agreement
IN WITNESS WHEREOF, I have hereunto set my hand
Signed:
Print:
, individually and doing
(If Applicable) have
to which this attestation is attached.
this day of , 20
NOTARIZATION
STATE OF nor?c et_..
SS: ,O�J-20oL/ )q$
COUNTY OF )41'4✓1l.1)4cl-e_ )
The foregoing instrument was acknowledged before
Apr? 20 )1 , by O. Araucl,r1
known to me or who has produced v
(did / di -not) take an oath.
SIGNATURE OF NO RY PUBLIC
STATE OF FLORIDA
VI col 104
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
me this 42' �day of
, who is personally
as identification and who
VIV AN MARTINEZ
MY COMMISSION 1 EE 044711
EXPIRES: November 23. 2014
nnded Tine May Public Underwriters
.:Page 17
ATTACHMENT A - SCOPE. OF WORK
ARTICLE Al GENERAL
The Consultant shall provide Construction Engineering and Engineering and Inspection (CEO) services on
an as needed basis to the City for the administration of miscellaneous construction projects. Consultant
shall provide said services in accordance with Section §287.055 Florida Statutes, as amended,
Consultants' Competitive Negotiations Act ("CCNA°).
A1,01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive professional services in accordance with all applicable
laws and building regulations, including the Florida Building Code, the City's Construction Engineering and
Inspection Reference Manual, March 2005, edition, and the City of Miami, Florida, Code of Ordinances,
and as set forth in this Agreement and further enumerated in any Work Orders and Florida Department of
Transportation (FOOT) latest version of the Construction Administration Manuel Project . Consultant shall
furnish, as Basic Services, comprehensive professional services for the Projects including, but not limited
to those describes in Article A2, "Basic Services.'
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete specified services as set forth in the Agreement, in accordance
with the Florida Building Code, latest edition, all federal, state, county and City of Miami, laws, codes and
ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Services at all times
to ensure its performance as specified in the Agreement.
Consultant agrees to management of compliance and reporting requirements of federal funded projects,
This includes, but is not limited to:
o Educating contractor and ensuring contractor compliance with FDOT requirements,
Equal Employment Opportunity (EEO) requirements, Disadvantaged Business
Enterprise requirements, Davis -Bacon requirements, On the Job Training (OJT)
requirements, and ARRA reporting requirements (See Exhibit A).
o Gathering and managing submission of all required reports to various agencies as
required by ARRA, other federal requirements, and FDOT requirements,
o Creating reimbursement requests for federal reimbursement, including all required
reports and formsper FDOT and federal -requirements.
o Scheduling and supervising pre -construction meeting, OJT Post Pre -Construction
Training Evaluation Meeting, EEO meetings, and any other ARRA, federal, or FDOT
required meetings for all applicable projects.
o Performing required Labor/EEO Compliance Interviews and OJT Trainee Interviews
as required.
A2.01 Construction Engineering & Engineering and Inspection Services
The Consultant shall be fully responsible for carrying out all functions necessary to provide CEO
Services on Projects. The Consultant will be the City's representative during the construction phase of
Projects and all communications to the Contractor will be given through the Consultant. The
Consultant shall immediately advise the Project Manager of any omissions, substitutions, defects, and
deficiencies noted in the work of the Contractor and the corrective action taken.
A2.02 Coordination
The Consultant shall coordinate all activities, correspondence, reports, and other communication
related to the: Services with - the Project Manager. Upon request this information shall be made
available to the Construction -Program Manager. All activities anch decisions of the Consultant relating
to the projects shall be subject to review by the Program Manager.
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
Page 18
A2.03 General Requirements
General Requirements and responsibilities of the Consultant are provided in Article Al General.
Requirements and activities to be undertaken by Consultant shall be as detailed in each Work Order
Proposal accepted and pursuant to the terms and conditions of this Agreement. The City may direct
the 'Contractor to utilize a Contractor Quality Control program as defined in the latest version of
FDOT's Standard Specifications for Road and Bridge Projects, The Consultant shall provide
verification testing and inspection for all assigned Projects, as specified in FDOT's standard
specifications, unless otherwise directed.
A2.04 Construction Engineering and Inspection Services
The Consultant shall perform all services necessary to properly coordinate the activities of all parties
involved in completing the Project. These include maintaining complete and accurate records of all
activities and events relating to the Project; properly documenting all significant Project changes;
interpreting plans, specifications, and construction contract provisions; making recommendations to
the City to resolve disputes; and maintaining an adequate level of surveillance of Contractor activities,
All documentation will comply with standard City procedures, formats, and content. The Consultant
shall obtain the Construction Project Manager's approval for all procedures and processes.
Services include, but are not limited to, the following:
Meetings
Schedule and attend, within ten (10) days after the Notice to Proceed, pre -construction meeting
for the Project in accordance with City procedures. The Consultant shall provide appropriate staff
to attend and participate in the pre -construction meeting.
The Consultant shall record a complete and concise record of the pre -construction meeting and
distribute copies of the meeting minutes to the all participants and other required parties within
five (5) calendar days.
Contractor Monitoring
Monitor Contractor's work and assure that the Contractor is conducting inspections, preparing
reports and monitoring all Stormwater pollution prevention measures associated with the project,
For each project that requires the use of the NPDES General Permit, provide at least one staff
person who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation
Control Training and Certification Program for Inspectors and Contractors." The Consultant's
inspector will be familiar with the requirements'set forth in the FEDERAL REGISTER, Vol. 57, No.
187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for
Stormwater Discharges from Construction Sites" and guidelines developed by the City.
Schedule Review
Review the Contractor's baseline schedule and any subsequent revisions for compliance with
contract requirements.
Problem Resolution
Analyze problems that arise on a project and proposals submitted by the Contractor, prepare and
submit recommendations to the Construction Project Manager, and process the necessary
paperwork.
Payment Review
Produce reports; verify quantity calculations, and field measure for payment purposes as required.
Traffic Control
Responsible for review of Work Zone traffic control plan design, implementation, and inspection of
maintenance of traffic schemes and devices in work zones to assure they are in accordance with
the City's requirements.
Public Information
CIP Contract No. Page 19,
Construction Engineering and Inspection Services PSA (09-10-016)
Provide public information services as required to support the City and assist in managing
inquiries from the public; public officials, and the news media. Prepare fact sheets for internal
distribution as requested. The Construction Project Manager shall approve all notices,
newsletters, brochures, responses to news media.. etc., prior to release.
Project Journal
Maintain both a detailed electronic and hard copy diary with accurate records of the Contractor's
operations, quantities, testing data, and of significant events that affect the work. Submit to the
Construction Project Manager a daily construction report utilizing the City's MPCS and provide
electronic copies on a monthly basis.
A2.05 Verification Sampling and Testing
The Consultant shall perform sampling and testing in accordance with the requirements defined in the
applicable project specifications and standards, such as Verification Sampling and Testing as defined
in the latest versions of the Florida Department of Transportation (FDOT) Standard Specifications for
Road and Bridge Construction and FDOT's Construction Project Administration Manual (CPAM).
Plant Inspection & Material Sampling
The Consultant and/or the Consultant's lab will perform plant inspection and sampling of materials
and components at remote locations (from the vicinity of the project) in accordance with the
applicable requirements.
Job Control Samples
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, FDOT label, FDOT stamp, etc.
Sample Transport
The Consultant shall be responsible for transporting samples, cylinders, beams, etc. to an
approved laboratory for testing. The laboratory shall not be the same laboratory the contractor is
using for their acceptance testing.
Documentation
. Documentation reports on sampling and testing shall be submitted to responsible parties during
the same week that the construction work is done. The Consuttant will input verification testing
information and data into the City's MPCS, using PDA's on a daily basis, or as otherwise directed
by the Construction Project Manager. Designated Consultant personnel will be provided
instructions for performing this task.
A2.06 Verification Inspection Services
The Consultant shall monitor the Contractor's on -site construction activities and inspect materials
as required to assure that the work is completed in reasonable conformity with the plans,
specifications, and other Construction Contract provisions. Unless otherwise directed by City, all
verification inspections shall be in accordance with the requirements of the latest versions of the
Florida Department of Transportation (FOOT) Standard Specifications (Red Book) and FDOT's
Construction Project Administration Manual (CPAM).
The Consultant shall observe, record and report the Contractor's work progress to determine that
the Work is in general conformance with the requirements of the Contract Documents. This shall
include, without limitation, documenting activity observed and making note of deficiencies and
issues requiring resolution; noting construction deficiencies and punch list items; making
photograph or video records of construction as deemed necessary, and labeling and logging
photos and videotapes.
Site Conditions Review
C1P Contract No. : - Page 20
Construction Engineering and Inspection Services PSA (09.10-016)
Review site conditions during construction to determine that the Contractor is maintaining site -
related items in accordance with the Contract Documents. Document any deficiencies and notify
the Contractor and the Construction Project
Soils Testing
Coordinate the Engineering and Inspection of backfill, compaction and perform all required
testing. Monitor reports of compaction densities for trench backfill, and general site backfill to
ascertain that minimum specified densities are achieved. Review all test results submitted to
verify compliance with specified requirements, and maintain project log. Verify that areas of failing
compaction are corrected to specified criteria.
Concrete Testing
Coordinate and perform sampling and testing of concrete and monitor concrete test reports to ascertain
specified strengths are achieved. Follow up non -passing tests and evaluate to determine structural
implications for the affected construction.
Project Meetings
Administer weekly project meetings with appropriate team members in attendance. Prepare and distribute
meeting minutes to attendees. Note changes and/or corrections and insure all attendees approve minutes
at subsequent weekly meetings.
Stored Material/Equipment Review
Review stored materials and/or equipment for quantity and quality verification for Contractor payment and
to verify that equipment and/or materials are adequately protected until installed. Coordinate with
Contractor to facilitate review of major items prior to unloading and storage. Regularly review Contractor's
storage areas to determine compliance with the Contract Documents. Notify the Contractor of any
damaged or improperly stored materials. Adjust payments properly for damaged or improperly stored
equipment.
Project Photo and Video Documentation
Utilize project video and still photo camera equipment to document construction, video meetings, and
record operation and maintenance training session. Develop and maintain a log to enable easy retrieval of
visual information. Coordinate taping of operator training sessions, major meetings and major construction
events.
Record Drawing Review
Throughout the course of the project, review as -recorded drawings to verify the Contract Drawings are
noted to reflect actual construction. Review monthly status of as -recorded drawings and verify for monthly
pay applications. Refer to Field Order and Change Proposal Request (CPR) logs to identify areas of
construction revision. Notify Contractor in a timely fashion of deficiencies noted. Provide follow up to verify
Contractor brings as -recorded drawing status up-to-date.
Develop a Progressive List of Items Requiring Correction
Develop and provide to Contractor an on -going list of items requiring correction to encourage the timely
correction of noted construction deficiencies. Monitor construction throughout the project duration and
identify deficient items. Provide Contractor with an updated list at monthly construction meetings. As
deficiencies are corrected, revise the list by deleting corrected items. Distribute the list updates to
authorized parties.
Manufacturer's O&M Training Review
Review the quantity and quality of specified manufacture's training and associated O&M manuals. Review
Contract Documents with the Contractor to establish which equipment requires training and the number of
hours required. Review manufacturer's training outlines and materials for completeness. Observe training
sessions to verify both field and classroom training is provided. Collect and log operator equipment
training certification forms.
Notification of Accident Damage/I n iury
Document any Engineering and Inspections made of property damage or personal injury accidents on site
and provide a written report to the Construction Project Manager. Require lost -time accident reports at
construction meetings. "
Contract Interpretations and Modifications
Receive,.:_,:; log .•;coordinate. reviews and responses to Contractors,.,. -Requests ,For,
information/Interpretations=(RFI's)..,Responses to RFI's are -..required to be provided to the Contractor
CIP Contract No. Page 21
Construction Engineering and Inspection Services PSA (09-10-015)
within seven (7) days. Prepare and issue response letters, field orders, or Change Proposal Requests as
required.
Administration of Changed Work
Track changes from initiation through completion. Estimate cost and time impacts, and assist with
negotiation of changes in contract time and cost. Prepare change orders to incorporate changes within
Contract Documents. Evaluate Project on a continual basis to determine when changes are required.
Initiate necessary changes in the form of Change Proposal Requests. Review costs presented by
Contractor on Change Proposal Requests. Assist with negotiation of final pricing as required.
Assemble approved Change Proposal Requests periodically into Change Orders. Include justification
documents with each Change Order, Maintain current status log of all Change Proposal Requests and
Change Orders. Review as -recorded drawings to verify changes in work are reflected as applicable.
Review pay requests to verify Change Order items are broken out and that payment is not made until work
is complete.
Field Orders
Provide coordination and review to identify the need for minor changes in the Work consistent with the
design intent, and issue Field Orders to communicate the details of the minor changes involving no
change in contract time or contract price.
Coordinate and Issue Change Proposal Requests (CPR'S)
Provide coordination and review to identify needed changes in the Work consistent with the design intent
that involve changes in contract price and/or time, and issue CPR's to communicate the details of the
changes and request pricing by the Contractor. Collect technical information and evaluate proposed
change. Prepare technical description of the CPR using necessary graphic details and specifications.
Prepare Engineer's Opinion of Cost and evaluation of impact on Contract Time.
Work Change Directives
Issue Work Change Directives (WCD), as required, to authorize change or extra Work to proceed on a
time and material basis when Change Proposal Request finalization is not expedient or possible. Observe
Time and Material (T&M) work and reconcile T&M costs with Contractor on a daily basis. Finalize WCD's
when associated work is completed in an appropriate Change Order.
Change Orders
Coordinate the combining of Change Proposal Requests, Work Change Directives and Field Orders into
Change Orders, and assemble the documentation, prepare the Change Order package and circulate for
execution by the Consultant, Contractor and Construction Project Manager. Update CPR and Change
Order logs and provide status reports tracking the execution of Change Orders,
Measurement and Payment
Review and approve the Contractor's Schedule of Values (cost breakdown) to establish a reasonably
balanced distribution of costs to the various elements of the total construction to serve as a basis for
progress payments and determination of cost impact of changes. Notify Contractor with either letter of
acceptance or letter of rejection noting exceptions to obvious or apparent areas of unbalanced costs.
Review and Process Contractor's Applications for Payment
Receive and review draft application for payment prepared by the Contractor, and note and attempt to
reconcile discrepancies between Engineer's estimate of progress and Contractor's application. Review
draft application for payment in comparison to measured or estimated quantities. Make notations of
deficient work not recommended for payment until corrected; deletion of payment for stored materials
and/or equipment which do not have approved shop drawings and/or proper invoices; reduction of value
for partially completed items claimed as complete. Return a copy of the reviewed draft to•the Contractor.
Meet with Contractor to reconcile discrepancies. Review revised application for payment and, if
appropriate, advises Contractor to submit the required number of copies. Forward copies .to the
Construction Project Manager for processing.
Project Closeout
Receive and review Contractor's required substantial completion submittal, and determine if Project is
ready for substantial completion inspection. Develop substantial completion submittal checklist and
perform the following activities: verify submittal of all required documents; review Contractor Record
Drawings; perform drafting of Record Drawing revisions on reproducible -set and transmit to the
Construction.Project Manager; review other substantial completion submittal documents for completeness_
and compliance with Contract provisions; and schedule substantial completion inspection:
Conduct Substantial Completion Inspection
CIP Contract No. .. Page 22
Construction Engineering and Inspection Services PSA (09-10-016)
Coordinate, conduct and document the substantial completion inspection. Notify all project team members
of date of substantial completion inspection. Prepare and distribute the punchlist format to the parties
conducting the inspection. Review progress of corrective action on punch list items, periodically updates,
and re -issue.
Identify tentative date of substantial completion, and prepare and issue Certificate of Substantial
Completion with a list of stated qualifications (punch list).
Document Project Warranties
Furnish written notification of the start of the warranty period to define for all parties the ending date of the
period for which the Contractor is responsible for repairing deficient project materials and equipment.
Final Completion
Receive and review the Contractor's required final completion submittal. Develop final completion
submittal checklist. Verify submittal of all required documents and review for completeness and
compliance with Contract provisions. Notify Construction Project Manager, Contractor and other affected
parties of date of final inspection.
Coordinate, attend and conduct the final inspection meeting and physical walk-through of the Project.
Final Payment
Collect all payment documents required and forward to the Construction Project Manager for processing
along with the Contractors Final Application and Certificate for Payment.
Finalize all project costs and determine the final adjusted amounts for construction. Obtain Contractor's
signature on any required Contractor's Certification or Affidavits. Process and sign Final Application for
Payment. Prepare transmittal letter indicating recommendation for Final Payment.
Consultant shall review and provide initial recommendations on disputes or claims in response to written
notification of claims made by the Contractor, in accordance with the provisions of the Contract
Documents, asserting the right to an adjustment in either Contract Price or Contract Time.
A2.07 Personnel
A2.07.1 General Requirements
The Consultant shall provide sufficient personnel who possess the experience, knowledge,
requirements and character to adequately perform the duties assigned for each specific
assignment under this scope of work. Unless otherwise agreed by the City of Miami, the City will
not compensate straight overtime or premium overtime.
A2.07.2 Consultants Safety Program
Individuals designated by the Consuttant for the project should have appropriate level of safety
training for their assigned duties.
A2.07.3 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and education.
The Consultant shall submit in writing to the Construction Project Manager the names of
personnel proposed for assignment to the Project, including a detailed resume for each containing
at a minimum salary, education, and experience. A request for approval shall be submitted to the
Construction Project Manager at least two weeks prior to the date an individual is to report to
work.
Before the project begins, all project staff shall have a working knowledge of the current
Construction Project Administration Manual (CPAM) and must possess all the necessary
certifications for obtaining the duties of the position they hold. The Consultant Project Manager
shall assure that the City of Miami's current practices, policies, and procedures are met
throughout the course of the project. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team and should occur
as workload permits.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these
`minimum qualifications will be considered on an individual basis, The Construction Program
Manager or designee will have the final approval authority.
A2.07.3-1 Consultant Project Manager
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
Page 23
A Civil Engineering degree, with five (5) years of construction experience, plus two (2) years of
engineering experience, in primary control of the construction of major road or bridge structures,
with the exception of Complex Category 2 (CC2) bridge structures. To be in primary control, a
Project Manager must have supervised two or more inspectors as well as two or more support
staff (Office Manager, Compliance Officer, and Secretary) and must have been directly
responsible for all CEO services assigned.
Receives general instructions regarding assignments from the City and is expected to exercise
initiative and independent judgment in the solution of work problems. Directs and assigns specific
tasks to inspectors and assists in all phases of the construction project. Will be responsible for the
progress and final estimates throughout the construction project duration. Must have the following:
. Qualifications:
• FDOT Advanced MOT
• CTQP Final Estimates Level II
Other.
• Attend CTQP Quality Control Manager Course and pass the examination.
• A Master's Degree in Engineering may be substituted for one (1) year of engineering
experience
A2.07.3-2 Senior Civil Construction Inspector
High school graduate or equivalent plus six (4) years of experience in construction inspection, two (2) years
of which shall have been in bridge, and/or roadway construction inspection. Previous responsibilities must
include performing highly complex technical assignments in field surveying and construction layout,
checking shop drawings, inspecting construction work, conducting field tests and finalizing punch -list.
Senior Inspectors must be able to coordinate and manage the lower level inspectors. Must have the
following:
Qualifications-
CTQP Concrete Field Inspector Level
CTQP Asphalt Roadway Level I
CTQP Asphalt Roadway Level II
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable)
CTQP Drilled Shaft Inspection (If applicable)
FDOT Intermediate MOT
Certifications: Nuclear Radiation Safety
A2.08 Staffing
Upon Agreement execution, the Consultant shall establish and maintain appropriate staff which possesses the
experience, knowledge, requirements and character to adequately perform assigned project duties. If needed, In
order to assist in resolving disputed final pay quantities, Construction Project Manager may ask the Consultant to
provide personnel familiar with aspects of a construction project's final measurements.
The Consultant shall replace staff whose performance is unsatisfactory within one week of City notification.
Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to
perform services under this scope of work. Personnel changes will require written approval from City.
A2.09 TIME FRAMES FOR COMPLETION
Work shall commence at the same time as commencement of the construction work and shall be
finished upon final acceptance of the construction work.
ARTICLE A3 ADDITIONAL SERVICES
A3.0.1.. GENERAL
GIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
_,Page 24.
Services categorized below as "Additional Services" may be specified and authorized by City and are
normally considered to be beyond the scope 'of the Basic Services. Additional Services shall either be
identified in a Work Order or shall be authorized by prior written approval of the Director or City
Manager and will be compensated for as provided in Attachment B, Section B3.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited
to the following:.
A3.02-1
Non -Threshold Inspection Services: Inspections not related to the structural integrity and durability of
the structures.
A3.02-2
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding, providing,'however,•that Consultant cannot testify against City in any
proceeding during the course of this Agreement.
A3.02-3
Miscellaneous: Any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted practice related to Threshold Inspection services.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic
and Additional Services and consist of actual, direct expenditures made by Consultant for the
purposes listed below. Transportation, travel and per diem expenses within Dade, Broward, or Palm
Beach Counties shall not be considered as reimbursable expenses under this Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
Cell phones wit not be considered as a reimbursable expense under this agreement.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement.
A4.01-3
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement will 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 Plans & Specifications: City shall provide to the Consultant copies of the permitted plans and
the specifications prepared by the Design Professional.
A5.01-2 City's Standard Specifications for Road and Bridge Construction.
A5.01-3 Copy of the Executed Construction Contract.
ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT
A6.01 ..Consultant shall provide as.part of its Basic Services the._following documentation and equipment,
which shall be part of the Basic Services fee.
A6.01-1 , FDOT Documents
CIP Contract No.:!_Page 25.
Construction Engineering and Inspection Services PSA (09-10-016)
All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and
Bridge Construction, shall be provided by the Consultant... Most, if not all, FDOT documents,
specifications, directives, procedures, and standard forms are available through the FDOT's Internet
website.
A6.01-2 Vehicles
Vehicles used in the field by inspectors will be suitable for their intended purpose and will be equipped
with appropriate safety equipment. Vehicles shall have the name and phone number of the consulting
firrn visibly displayed.
A6.01-3 Field Equipment
The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope
of Work, and other items as determined by the Construction Project Manager. Quality and quantity of
such items is to meet the Construction Project Manager's approval.
Hard hats and other appropriate safety gear will be provided to all field personnel. Hard hats shall
have the name of the consulting firm visibly displayed.
Computers, Personal Digital Assistants (PDAs), printers, and other related hardware will be provided
by the Consultant.
Such equipment includes those non -consumable and non -expendable items, which are normally
needed for a CEO project and are essential in order to carry out the Scope of Work.
Equipment described herein under this section will remain the property of the Consultant.
The Consultant's handling of nuclear density gauges shall be in compliance with their License.
The Consultant shall retain responsibility for risk of loss or damage to said equipment during
performance of Services.
A6.01-4 Licenses
The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel
operating testing equipment when licenses are required. The Consultant shall make the license and.
supporting documents available to the City of Miami, for verification, upon request. Radioactive
Materials License for use of Surface Moisture Density Gauges shall be in compliance with FDOT's
requirements.
CIP Contract No.
Construction Engineering and Inspection Services PSA (09-10-016)
SCHEDULE Al. - SUB -CONSULTANTS
FIRM NAME
CONSULTING FIELD
N/A
SCHEDULE A2. - KEY STAFF
NAME
JOB.CLASSIFICATION
Waddie Ruiz, P.E., CGC
Sr. Project Engineer
Michael Vinas
Project Administrator
Adrian Burleigh, Scott Faust, Henry Olano
Sr. Inspector
Josue Estinfil, Alex Chong
Inspectors
TBD
Inspector's Aide
Stephanie Asenjo
Scheduler/Estimator
Shahin Rahman, P.E.
Sr. Construction Estimator/Scheduler
Heather Vazquez
Administrative
TBD
OJT/EEO/Davis Bacon Compliance Specialists
CIP Contract No. Page 27.;
Construction Engineering and Inspection Services PSA (09-10-016)
ATTACHMENT B — COMPENSATION
ATTACHMENT. B - COMPENSATION AND PAYMENTS
ARTICLE B.1 METHOD OF COMPENSATION
The fees for Professional Services for each Work Order shall be determined by one of the following
methods or a combination thereof, at the option of the Director or designee, with the consent of the
Consultant.
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate, as defined 83.02in Section and at the rates set forth in Section
NOTE: The Lump Sum manner of compensation is the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the
Consultant payable by the City under this Agreement shall be limited to the amount specified in Section
2.03-1 as the maximum compensation limit for cumulative expenditures under this Agreement. Under no
circumstances will the City have any liability for work performed, or as otherwise may be alleged or
claimed by Consultant, beyond the cumulative amount provided herein, except where specifically
approved in accordance with the City Code by the City Manager or City Commission as applicable as an
increase to the Agreement and put into effect via an Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or
percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded,
the City shall have no liability or responsibility for paying any amount of such excess, which will be at
Consultant's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE BASIS
All fees and compensation payable under this Agreement shall be formulated and based upon the
averages of the certified Wage Rates that have received and approved by the Director. The averages of
said certified Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage
Rates are the effective direct hourly rates, as approved by the City, of Consultant and Sub -Consultant
employees in the specified professions and job categories that are to be utilized to provide the services
under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These include architects, engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, GIS and environmental specialists, specification writers,
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular
Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, a mult plies of`'2,d` shall apply to Consultants hourly Wage
Rates in calculating compensation payable by the City. Should the Consultant have an approved multiplier
with the State of Florida or Miami Dade County the City may elect to utilize of these multipliers should they
be less than above stipulated rates. Said multiplier is intended to cover Consultant employee benefits and
Consultants profit and overhead, including, without limitation, office rent, local telephone and utility
charges, office and drafting supplies, depreciation of equipment, professional dues,. subscriptions,
stenographic, administrative and clerical support, other employee time or travel and subsistence not
directly related to a Project.
B2.04 CALCULATION
Said Wage :Rates are to be utilized by Consultant in calculating:, compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job,classifications, available
CIP Contract No. .,;Page 28 •
Draft PSA (09-10-016)
staff and projected man-hours required for the proper completion of tasks andlor groups of tasks,
milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work can be a Lump Sum to be mutually agreed upon in writing by the City
and the Consultant and stated in a Work Order.
B3.01-1 Lump Sum: shall be the total amount of compensation where all aspects of Work are clearly
defined, quantified and calculated. Where a Lump Sum is agreed upon as the "Base Fee" for Basic
Services defined for a project, payments to the Consultant shall be based on a percentage of the Base
Fee according to the Phase of the Work as indicated under Section 6.01.
B3.01-2 If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for
any Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect
by an amendment to the Work Order
B3.01-3 It is understood that with Lump Sum Compensation, the Consultant shall perform all services for
total compensation in the amount stated above. In either case, The City shall have no obligation or liability
to pay any fee, expenditure, charge or cost beyond the Lump Sum compensation amount stipulated.
B3.01-4 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested
Lump Sum compensation. Such verification shall present sufficient information as depicted in Schedule
A2.
B3.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees
identified in Schedule B1 Wage Rates. All hourly rate fees will include a maximum not to exceed figure,
inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost
or expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to
determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours, or
milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly Rate
Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will
establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be
performed on an Hourly Rate Basis.
B3.03 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant, City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
CIP Contract No. .Page 29..;.:..
Construction Engineering and Inspection PSA (09-10-016)
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.
B3.04 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.04 and B3.03
respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
which can be found on the City's Webpage at www.miamioov.com/capitalimprovements/pages/
ProcurementO p portunities.
The webpage also provides the procedures for completing these forms. Failure to use the forms or follow
the procedures will result in the rejection of the Work Order Proposal.
B3.04-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit.
B3.04-2 Procedure and Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultant's Competitive Negotiation Act, and other applicable laws.
B3.04-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services the Consultant will apply the multiplier of one- (1,0) times the
amount expended by the Consultant.
B3.05 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
B3.06 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination, If the Project is resumed after having been suspended for more
than three months, the Consultants further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on
the City's Webpage at www,miamictov.com/Capitallmprovements/paqes/ProcurementOpportunities.
Failure to use the City Form will result in rejection of the invoice.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For those Projects and Work Orders where comprehensive design services are stipulated, said payments
.rshall, _in.the aggregates not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
CIP Contract No.
Construction Engineering and Inspection PSA (09-10-016)
B4.03 BILLING — HOURLY RATE
Invoices submitted by Consultant shall be sufficiently detailed and accompanied by supporting
documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate
basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a
project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added.
The Consultant shall attach to the invoice all supporting data for payments made to and incurred by Sub -
Consultants engaged 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 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested monthly in proportion to the services performed.
When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by
the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and
total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any
authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all
supporting data for payments made to or costs incurred by Sub -Consultants engaged on the project or
task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
B4.05 DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors,
ARTICLE B5 REIMBURSABLE EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic Services andlorAdditional Services) and consist of actual
expenditures made by the Consultant and the Consultants' employees, Sub -Consultants, and Special
Sub -Consultants in the interest of the Work for the purposes identified below:
B5.01-1 Transportation
Identifiable transportation expenses in connection with the Project, subject to the limitations of Section
112.061; Florida Statutes; as amended, excluding, however, all, general automobile transportation
expenses within Miami -Dade County. Transportation expenses to locations outside the Miami-Dade-
Broward-Palm Beach County area or from locations outside the Miami-Dade-Broward-Palm Beach
County area will not be reimbursed unless specifically pre -authorized in writing by the Project
Manager. Such pre -authorization will be subject to the limitations of Section 112.061, Florida
Statutes, as amended.
B5.01-2 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected
expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes as
amended. Meals for class C travel inside Miami -Dade or Broward County will not be reimbursed,
Meals and lodging expenses will not be reimbursed for temporarily relocating Consultant's employees
from one of Consultant's offices to another office if the employee is relocated for more than ten (10)
consecutive Working days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn,
Howard Johnson or Ramada Inn. Governmental lodging or meals will not be reimbursed that result
from travel within Miami -Dade, Broward or Palm Beach County.
B5.01-3 Communication Expenses
-Identifiable communication expenses approved by the Project Manager, long distance telephone,
courier and express mail between the Consultant's various permanent offices. The Consultant's field
_office at the Project site is:notconsidered a permanent office, Cell. phones will not be considered a
reimbursable expense.
GIP Contract No.
Construction Engineering and Inspection PSA (09-10-016)
35.01-4 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's expenses are limited to the items described above when the SUB -
Consultant agreement provides for reimbursable expenses and when such agreement has been
previously approved in writing by the Director and subject to all budgetary limitations of the City and
requirements of ARTICLE B5 herein.
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
It is understood that all Consultant agreements and/or work orders for new work will include the provision
for the re -use of plans and specifications, including construction drawings, at the City's sole option, by
virtue of signing this agreement they agree to a re -use in accordance with this provision without the
necessity of further approvals, compensation, fees or documents being required and without recourse for
such re -use.
CIP Contract No. Page 32
Construction Engineering and Inspection PSA (09-10-016)
ATTACHMENT 8— COMPENSATION
ADA. Engineering
ATTACHMENT B — COMPENSATION
ADA Engineering
SCHEDULE B1 - WAGE RATES SUMMARY
NAME
JOB CLASSIFICATION
NEGOTIATED
AVERAGE
HOURLY RATE
ADJUSTED
AVERAGE
HOURLY RATE
(Multiplier 2.4
Applied)
Waddie Ruiz, P.E., CGC
Sr. Project Engineer
$45.80
$109.92
Michael Vinas
Project Administrator
$38.11
$109.92
Adrian Burleigh, Scott Faust,
Henry Olano
Sr. Inspector
$29.84
$91.46
Josue Estinfil, Alex Chong
Inspectors
$22.37
$91.46
TBD
Inspector's Aide
$16.50
$71.62
Stephanie Asenjo
Scheduler/Estimator
$27.50
$71.62
Shahin Rahman, P.E.
Sr. Construction
Estimator/Scheduler
$45.86
$71.62
Heather Vazquez
Administrative
$17.00
$71.62
TBD
OJT/EEO/Davis Bacon
Compliance Specialists
$20.00
$71.62
CIP Contract No. Pages 33
Construction Engineering & Inspection Services PSA (09-10-016)
CORPORATE RESOLUTION
WHEREAS;,L%. 4, EiGI nee', mQ , Inc. desires to enter into
an agreementamendment with the City of Miami for the purpose of performing the work
described in the agreement/amendment to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
/ r
DIRECTORS that the eS 1 C3/G',? I
(type title of officer)
1he,erm J . 9 rq t/ci r� , is hereby authorized
(type name of officer
and instructed to enter into this agreement/amendment, in the name and on behalf of
this corporation, with the City of Miami upon the terms contained in the proposed
agreement/amendment to which this resolution is attached and to execute the
corresponding agreement/amendment.
DATED this a 6 day of kin y , 20//
Corporate Secretary
(Corporate Seal)