HomeMy WebLinkAboutPSAsCITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service category Architectural Services (RFQ No. 08-09-063)
Contract Type Miscellaneous Projects
Consultant Alleguez Architecture, Inc.
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 5
3.01 PERFORMANCE AND DELEGATION 5
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 6
3.04 TIME FOR PERFORMANCE 6
ARTICLE 4 SUBCONSULTANTS 6
4.01 GENERAL 6
4.02 SUBCONSULTANT RELATIONSHIPS •6
4.03 CHANGES TO SUBCONSULTANTS 6
ARTICLE 5 DEFAULT 6
5.01 GENERAL 6
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE 6 TERMINATION OF AGREEMENT 7
6.01 CITY'S RIGHT TO TERMINATE 7
6.02 CONSULTANT'S RIGHT TO TERMINATE 7
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 7
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 8
ARTICLE 9 INSURANCE 9
9.0.1 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE 9
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 10
10.03 SUCCESSORS AND ASSIGNS 10
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10
10.05 APPLICABLE LAW AND VENUE OF LITIGATION • 10
10.06 NOTICES 11
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 11
10.09 PRIORITY OF PROVISIONS 11
10.10 MEDIATION -WAIVER Of JURY TRIAL 11
10.11 TIME 12
10.12 COMPLIANCE WITH LAWS 12
10.13 NO PARTNERSHIP 12
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Misc. Architectural Services
TABLE OF CONTENTS (CONTINUED)
10.14 DISCRETION OF'DIRECTOR 12
10.15 RESOLUTION OF CONTRACT DISPUTES' 12
10.16 INDEPENDENT• CONTRACTOR: 13
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL 17
A1.01 SCOPE OF SERVICES 17
A1.02 WORK ORDERS 17
ARTICLE A2 BASIC SERVICES = 17
A2.01 DEVELOPMENT OF OBJECTIVES 18
A2.02 SCHEMATIC DESIGN 18
A2.03 DESIGN DEVELOPMENT 19
A2.04 CONSTRUCTION DOCUMENTS 19
A2.05 BIDDING AND AWARD OF CONTRACT 20
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 21
A2.07 DESIGN CRITERIA PROFESSIONAL 24
ARTICLE A3 ADDITIONAL SERVICES 25
A3.01 GENERAL 26
A3.03 ADDITIONAL DESIGN 26
ARTICLE A4 REIMBURSABLE EXPENSES 26
A4.01 GENERAL 26
A4.02 SUBCONSULTANT REIMBURSEMENTS 27
ARTICLE A5 CITY'S RESPONSIBILITIES 27
, A5.01 PROJECT & SITE INFORMATION 27
A5.03 CONSTRUCTION MANAGEMENT 27
SCHEDULE Al. - SUB -CONSULTANTS 29
SCHEDULE A2.- KEY STAFF 29
ATTACHMENT B - COMPENSATION AND PAYMENTS 31
ARTICLE B.1 METHOD OF COMPENSATION 31
81.01 COMPENSATION LIMITS 31
B1.02 CONSULTANT NOT TO EXCEED 31
ARTICLE B2 ' WAGE RATES 31
B2.01 FEE BASIS 31
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 31
B2.03 MULTIPLIER • 31
B2.04 CALCULATION 32
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 32
'62.06 ESCALATION 32
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 32
B3.01 LUMP SUM• 32
B3.02 HOURLY RATE FEES 33
B3.03 PERCENTAGE OF CONSTRUCTION COST: 33
B3.04 REIMBURSABLE EXPENSES 33
B3.05. FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: 33
B3.06 FEES FOR ADDITIONAL SERVICES 34
B3.07 PAYMENT EXCLUSIONS 34
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 34
ARTICLE B4 PAYMENTS TO THE CONSULTANT 34
B4.01 PAYMENTS GENERALLY 34
134.02 FOR COMPREHENSIVE BASIC SERVICES 34
B4.03 BILLING - HOURLY RATE . 35
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 35
64.05 DEDUCTIONS 35
ARTICLE B5 REIMBURSABLE EXPENSES: 35
B5.01 GENERAL 35
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 36
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 36
B6.01 GENERAL 36
SCHEDULE B1 - WAGE RATES SUMMARY 37 '
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CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural Services (RFQ No. 08-09-063)
Contract Type Miscellaneous Projects
Consultant Alleguez Architecture, Inc.
Consultant Office Location 901 Ponce de Leon, Suite 202
Coral Gables, FL 33134
City Authorization City Code Section 18-87
This Agreement made this o`. day of in the year 2010 ("Agreement") by
and between the City of Miami, Florida, herein fter ailed the "City," and Alleguez Architecture,
Inc., hereinafter called the "Consultant."
RECITAL
A. The• City issued a Request for Qualifications ("RFQ") No. 08-09-063 on
December 18, 2009 for the provision of Architectural Services 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:
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CIPdo-r-770-0?—a/63r14.
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEF1NiTIONS
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 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.
1.09 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.
1.10 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.
1.11 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of Work performed by a Contractor.
1.12' 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.
1.13 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.
1.14 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.
1.15 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.
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PROFESSIONAL SERVICES AGREEMENT
1.16 Risk AdmL stratormeansthec°ity'sJ31skillanagem ntAdministrator,ordesignee,ortheindividual
named by the City Manager to administer matters relating to insurance and risk of Toss for the City.
1.17 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.
1.18 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 fumish specified professional services for a Project or task.
1.19 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.
1.20 Work Order means a document intemal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 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 option to extend the term fortwo (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
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 shall the amount of
compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the
Agreement and any extension(s), unless explicitly approved by action of the City Commission 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.
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Florida Statute Chapter 218, Part VII,'Local 'Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If
Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be
submitted in accordance with 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.
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PROFESSIONAL SERVICES AGREEMENT
.3.02 REMOVAL DF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained .by the Consultant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or 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 will act reasonably in evaluating Key Staff
qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to
perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation.
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 fumish 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
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PROFESSIONAL SERVICES AGREEMENT
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 returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not release
Consultant from any obligation .accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with
the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the 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 clue 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 'tined 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
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PROFESSIONAL SERVICES AGREEMENT
employee working solely for the 'Consultant any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making bf 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
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project
7.02 DELIVERY UPON REQUEST.OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
conc.emfng 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 willheletained
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 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 clairris and losses of any nature
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PROFESSIONAL SERVICES AGREEMENT
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.
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request.
9.03 FORMS OF COVERAGE
9.03-1 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 all owned,
hired and non owned autos with a minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10)
days for nonpayment.
9.03-3--PROFESSIONAL-LIABILITY-INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per 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 minimumlimit of $500,000 each
occurrence.
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PROFESSIONAL SERVICES AGREEMENT
9.03-5 SUB -CONSULTANT COMPLIANC.
Consultant shall ensure that all Sub -consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement
between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the.same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this. Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to. the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City
determines -the project price was iincreased due to inaccurate, incomplete or non -current wage rates and
other factual unit costs. All such price adjustments will be made within 1 year following the end of the
Project.
10.05 APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the
State of Florida. Any suit or action brought by any party, 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.
Misc. Architectural Services Page 10
PROFESSIONAL SERVICES AGREEMENT
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, retum receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
For City of Miami:
Gary Fabrikant, Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 8rh Floor
Miami, Florida 33130
For Consultant:
Ana Alleguez, President
901 Ponce de Leon, Suite 202
Coral Gables, FL 33134
305-461-4001
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 resolutioh.
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.
Misc. Architectural Services Page 11
PROFESSIONAL SERVICES AGREEMENT
10.11 TIME
Time is of the essence in This Agreement
10.12 COMPLIANCE WNJTH 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
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 jobsite's, 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•Cbnsultant 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.
Misc. Architectural Services Page 12
PROFESSIONAL SERVICES AGREEMENT
Consultant 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
(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 instruments)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide Services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
Misc. Architectural Services Page 13
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST:
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
Priscilla A. Thompson. City Cler
Alleguez Architecture, Inc., Consultant
azz
Signature
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
CITY OF MIAMI, a municipal corporation of the
State of Florida
Ca los A. Migoya, City Manager
APPROVED AS 0 INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENT•: /
CORRECTNESS:
Ilte, cJ
Julie O. Bru,
LeeAnn Brehm', Director
Rik Management Department
Misc. Architectural Services
c, - 0—c9-aa3191..
Page 14
CERTIFICATE. OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
d. Re 1 NC- . , a corporation organized and existing under
the laws of the State of F 2.I 0,s. , held on thet day of , 2ra Io, a
resolution was duly passed and adopted authorizing (Name).44.1.4. as
(Title) Pt2ESil N"i of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 3 , day of .J.ut )
20 to
Secretary:
tary:
Print: 4.s..
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.
1 further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
State
Zip
Misc. Architectural Services
Page 15
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) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_
Signed:
Print:
NOTARIZATION
STATE OF FIor1 eL?t
SS:
COUNTY OF MIArYY:I • Lid'-e—• )
know
(did /
SIGNA
STATE
foregoing instrument Ayes ackwledged before me this day of
20 10 , by (A I l � ��1� , who is personally
e or who has produced as identification and who
not) take an oath.
E OF NOTARY PUBLIC
FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC .
Misc. Architectural Services
\`\�\oe Pe N�tt IIIIUUi q1/1
�XpIres
12/07/2011
NOTARY PUBLIC
• Commission #
%u'�9•.DD124937..0
OF Fl.0,0
Page 16
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural Services shall include, but are not limited to, complete planning and design services,
programming, feasibility 'studies, options evaluations, public meetings, irrigation, lighting, electrical,
landscaping, detailed facility assessments, cost estimates, opinions of probable construction cost,
preparation of bid and construction documents, review of work prepared by Sub -consultants and other
consultants, field investigations and observations, construction contract administration, as -built
documentation and other related architectural and engineering services as needed to complete the
Projects. Consultant shall provide Professional Architectural Services for the Project for which Consultant
was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive
Negotiations Act (CCNA).
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all
applicable law, building and environmental regulations, including the Florida Building Code and
the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further
enumerated in a Work Order. Consultant may be required to perform all or some of the services
presented in this Agreement, depending on the needs of the City for the Project. Consultant shall
furnish, as Basic Services, Comprehensive Architectural Professional Services for the Project.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CIP has determined that a Project or a specific phase of a Project is to proceed, the
Director or authorized designee will request in writing, a Work Order Proposal from the Consultant
based on the proposed Scope of Services provided to the Consultant in writing by the Director or
designee. The Consultant and Director or designee, and others if appropriate, may have
preliminary meetings, if warranted, to further define the Scope of Services and to resolve any
questions. The Consultant shall then prepare a Work Order Proposal following the format
provided by the City, indicating the proposed Scope of Services, time of performance, staffing,
proposed fees, Sub -Consultants, and deliverable items and/or documents.
The Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work
Order Proposal CIP will prepare a Work Order that will be reviewed by CIP staff and the Director
or designee. Upon approval CIP will issue a written Notice to Proceed subsequent to approval of
the Work Order by the Director or designee. The Director may also reject the Work Order
Proposal and request a Work Order Proposal from another consultant.
It is understood that any Notice to Proceed for a Work Order will be issued under this Agreement
at the sole discretion of the Director and that the Consultant has no expectation, entitlement, right
to or privilege to receive.a Notice to Proceed for any project or task. The City reserves at all times
the right to perform any and all Professional Services in-house, or with other private professional
architects or engineers as provided by Section 287.055, Florida Statutes, as amended,
(Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or
tasks or to exercise every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special rights to
any work required by the City. Outside of this Agreement, the Consultant may submit proposals
and/or qualifications for any professional services which the Consultant is qualified to perform in
response to any public solicitation issued by City.
ARTICLE A2 BASIC SERVICES • - •
Consultant agrees to provide complete Architectural Services as set forth in the tasks enumerated
hereinafter, in accordance with the .Florida Building Code, latest edition, all federal;' state, county and City
of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified
personnel on the Work at all times to ensure its' performance as specified in the'Agreement.
Misc. Architectural Services Page 17
Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents
required under Article A2, without additional charge, for review and approval by City. Consultant shall not
proceed with the next task of the Work until the documents have been approved, in writing, by City, and
an Authorization to Proceed with the next task has been issued by City.
Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall
perform all Work in compliance with Florida Administrative Code Rule 61 G15-19.0D1(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gather information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services fumished 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.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed
and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of
City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the
requisite detail of design development required to begin the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and the
remaining items will be called Designs.
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in
presentations to multiple groups explaining alternative options. Sufficient detail shall be provided
to support the presentation materials.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by City, a Design 'Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a Statement of
Probable Construction Cost, Project Development Schedule and review of Constructability Review
reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City or Project Manager to show the scale and
relationship of the components and design concepts of the whole. The floo pIans_may_be_single-
line diagrams. A simple perspective rendering or sketch, rrodel or photograph thereof may be
provided to further show the design concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI)
format, to include a summary,of the estimated project cost and an evaluation of funding allocation.
Such summary shall be in sufficient detail to identify the costs of each element and include a
breakdown of the fees, general conditions and construction contingency. Such evaluation shall
comprise a brief description of the basis for estimated costs per each element and similar project
unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the
scope of the Project in order to bring the estimated costs within allocated funds, in the event that
the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update
its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement
Misc. Architectural Services Rage 1B
of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost
in Consultant's best judgment as a professional familiar with the local construction industry.
3. The Project Development Schedule shall show the proposed completion date of each task of the
Project through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design
stages deemed necessary by the Project Manager. Consultant shall provide five additional
deliverable plan sets for distribution, by City, to others for this purpose. There shall be an
established deadline for review report submission back to City. Consultant shall provide written
responses to all comments within two weeks and shall maintain files of all related review reports
and response reports. If necessary, City may coordinate Constructability Review meetings with
some or all of the reviewers with Consultant present to discuss specific issues. In addition to the
Constructability Review process mentioned above, City reserves the right to conduct a Peer
Review of the project documents at any design stage. Cost of such a Peer Review would be
borne by City. Any findings as a result of said Peer Review would be addressed by Consultant,
and if requested by City, would be incorporated into the design documents, at no additional cost to
City and no extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present -in writing, and at
oral presentations, if requested, for approval by City, separate Design Development Documents, updated
Project Development Schedules, updated Statements of Probable Construction Costs and a review of
Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
and sections), outline specifications, and other documents.
2. Design Development consists of continued development and expansion of architectural and/or
civil Schematic Design Documents to establish the final scope, relationships, forms, size, and
appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone
of each Project through design, bidding, construction and proposed date of occupancy. Consultant
will also detail all long lead procurement items and architecturally significant equipment that will
need to be purchased prior to the completion of Construction Documents.
. 4. Provide updated Statements of Probable Construction Cost. If either statement of Probable
Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for
reducing the scope of that particular Project in order to bring the estimated costs within allocated
funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by
City, Final Construction Documents setting forth all design drawings and specifications needed to
comprise a fully biddable, permittable, constructible Project.
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval
by City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not
included.in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index
of all anticipated drawing sheets necessary.to fully define the Project,.
Misc. Architectural Services Page 19
2. The updated Project Development Sctietiule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit City to award a Construction Contract within the
limit of the budgeted amount.
5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed: Documents submittal shall also include all sections of Divisions "0" and
"1"
6. Consultant shall include, and will be paid for City -requested alternates outside of the established
Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in
connection with alternates required by the failure of Consultant to design the Project within the
Fixed Limit of Construction Cost.
7. Consultant shall not proceed with further construction document development until approval of the
30% documents is received in writing from City. Approval by City shall be for progress only and
does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to
other covenants contained in this Agreement. Consultant shall resolve all questions indicated on
the documents and make all changes to the documents necessary in response to the review
commentary. The 30% Documents review (check) set shall be retumed to City upon submission
of 60% complete Construction Documents and Consultant shall provide an appropriate response
to all review comments noted on these previously submitted documents.
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document
Development, the City -shall establish and communicate to the Consultant, a maximum sum for
the cost of construction of the Project ("Maximum Cost Limit"): If the City has not advertised for
bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate
of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the
contrary, the City may require the Consultant to revise and modify Construction Documents and
assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and
responsible bids received exceed ten (10%) percent of the Maximum Cost Limit.
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of building permits at the earliest practicable
time during the performance of the Work, for approval by City, County, State and/or Federal
authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to approval
by CIP of the final set and printing of the Construction Documents. The Consultant shall promptly,
at any time during the performance of the Work hereunder, advise the City of any substantial
increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of
the Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .plt, and .pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 Bid Documents Approvals and Printing .
Upon obtaining all necessary approvals of the Construction Documents from authorities having
jurisdiction, and acceptance by the. City of the 100% Constructio.n Documents and latest
Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and
preparing and awarding the construction contract. The City, for bidding purposes, will have the bid
Misc. Architectural Services Page 20
documents printed, or at its own discretion, may authorize such printing as a reimbursable service
to the Consultant.
A2.05-2 Issuance of8id Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of
Bidders.
2. The Consultant shall assist the City in the preparation of responses, to questions if any are
required during the bidding period. All addendum or clarifications, or responses shall be
issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The
Consultant shall attend all any pre -bid meeting(s) and require attendance of Sub -Consultants
at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05-3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids
and the preparation of documents for Award of a contract. If the lowest responsive Base Bid
. received exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project
The Consultant shall,. without additional compensation, modify the Construction Documents
as necessary to bring the Probable Construction Cost based on such revisions within the
Total Authorized Construction Budget. The City may exercise such option where the bid price
exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be
modified by the City and the Consultant prior to soliciting bids.
4. Suspend, cancel or abandon the Project.
NOTE: Under item 3 above the Consultant shall, without additional compensation, .modify the
Construction Documents as necessary to bring the Probable Construction Cost within the budgeted
amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
The Construction Phase will begin with the issuance of the Notice to Proceed and will end when
the Consultant has provided to the City all post construction documents, including Contractor As -
Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and
• Certificate(s) of Occupancy have been delivered to the City and the City approves the final
payment to the Consultant. During this period, the Consultant shall provide administration of the
construction contract as provided by this Agreement, and as provided by law.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and
consult with the City and shall have the authority to act on behalf of the City to the extent provided
in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2.06-3
The Consultant and respective shall visit the site to conduct field observations, at a minimum on a
weekly basis, and at all key construction events to ascertain the progress of the Project, and shall
visit the site as appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Consultant shall provide any site visits necessary for certification if required by the authorities
having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost
to the City. The Consultant shall report on,•the progress the Work,• including any defects and
Misc. Architectural Services Page 21
deficiencies that may be observed in the Work. The Consultant and/or will not be required to
make extensive inspections or provide continuous daily on -site inspections to check the quality or
quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be
responsible for writing and distributing minutes of all meetings and field inspections report it is
asked to attend. Consultant and will not be held responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with
the Work. The Consultant will not be held responsible for the Contractor's or sub -contractors', or
any of their agents' or employees' failure to perform the work in accordance with the contract
unless such failure of performance results from the Consultant's acts or omissions.
A2.06-4
The Consultant shall fumish the City with a written report of all observations of the Work made by
Consultant and require all to do same during each visit to the Project. The Consultant shall also
note the general status and progress of the Work on forms furnished by the City. The Consultant
shall submit the reports in a timely manner. The Consultant and Sub -Consultant shall ascertain
that the. Work is acceptable to the City. Consultant shall assist the City in ensuring that the
Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies
of the field reports shall be attached to the monthly Professional Services payment request for
construction administration services. The Consultant's failure to provide written reports of all site
visits or minutes of meeting shall result in the rejection of payment requests and may result in a
proportional reduction in Construction Administration fees paid to the Consultant.
A2.06-5
1. Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due to the Contractor based on the pay for performance milestones
and shall recommend approval of such amount as appropriate. This recommendation shall
constitute a representation by the Consultant to the City that, to the best of the Consultant's
knowledge, information and belief, the Work has progressed to the point indicated and that,
the quality of the Work is in accordance with the contract and the Contractor is entitled to
amount stated on the requisition subject to: a detailed evaluation of the Work for conformance
with the contract upon substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting or as stated on
the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, which shall be
attached to the Contractor's Requisition. Such statement shall be prepared immediately following
the requisition field meeting and shall not be cause for delay in timely payment to the Contractor.
By recommending approval of a Payment Certificate, the Consultant shall not be deemed to
represent that the Consultant has made any examination to ascertain how and for what purpose
the Contractor has used money paid on account of the Construction Contract Sum.
A2.06-6
The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress. of the Work upon written request of either the City or the
Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
A2.06-7
The Consultant shall have the authority to recommend rejection of Work which does not conform
to the Contract Documents: Whenever,. in his/her reasonable opinion), the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will
Misc. Architectural Services Page 22
have the authority to recommend special inspection or testing of any Work deemed to be not in
accordance with the Contract, whether or not such Work has been fabricated and/or delivered to
the Project, or installed and completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFis and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project Manager
and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10)
calendar days from receipt of shop drawings, samples, RFI's or other submittals by the
Contractor, to return the shop drawings or submittals to the Contractor with comments indicating
either approval or disapproval. Consultant shall provide the Contractor with a detailed written
explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review
contractor payment applications to ensure the City complies with Florida Statute §218.70.
A2.06-9
The Consultant shall initiate and, prepare required documentation for changes as required by the
Consultant's own observations or as requested, by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
A2.06-10
The Consultant shall examine the Work upon receipt of the Contractor's request for substantial
completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that
the Project is substantially complete in accordance with the contract requirements. The
Consultant shall in conjunction with representatives of the City and the Contractor prepare a
punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor
in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch -list the
Consultant shalt recommend execution of a "Certificate of Final Acceptance" and final payment to
the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all
items on the punch -list, all necessary close-out documentation from the Contractor including but
not limited to all guarantees, operating and maintenance manuals for equipment, releases of
liens/claims and such other documents and certificates as may be required by applicable codes,
law, and the contract, and deliver them to the City before final acceptance shall be issued to the
Contractor.
A2.06-11
The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with
its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of
any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and
systems and 3) final clean-up of the Project to assure a smooth transition from construction to
occupancy by the City.
A2.06-12
The Consultant shall review the Contractor's "as built" drawings and submit them to the City upon
approval by the Consultant. The Contractor is responsible for`preparing the "as built" drawings.
A2.06-13
The Consultant shall furnish to the City the original documents, including drawings, revised to "as -
built" conditions based on information furnished by the Contractor; survey, and specific condition.
In preparing the "Record Set" documents the Consultant shall rely on the accuracy of the
information provided by the Contractor, including the Contractor's record drawings. Any
certification required under this Agreement including the contents of "as -built" documents is
conditioned upon the accuracy of the information and documents provided by the construction
contractor. Transfer of changes made.by "Change Authorization", "Change Order", "Request for
Information", substitution approvals, or other clarifications will be the -Consultant's responsibility to
incorporate into the "Record Set" and record documents. Changes made in the field to suit field
Misc. Architectural Services Page 23
conditions, or otherwise made by .the Contractor for its convenience, shall be marked by the
Contractor on the "Field Record Set" and transferred to the original contract documents by the
Consultant. The original documents, as well as the "Record Set" shall become the property of the
City. A reproducible set of all other final documents will be furnished. to the City free of charge by
the Consultant. The Consultant shall fumish to the City one complete set of "Record Set
Drawings", in Auto CADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must shbw room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project.
A2.07 DESIGN CRITERIA PROFESSIONAL
The Design Criteria Professional shall include those services in accordance with Section 287.055 Florida
Statute and the following:
A. Bidding
1. Assist and make written recommendations to the City in the analysis of bids and in
determining the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution
by bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
document, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate altematives presented from
the Design Builders for compliance with the Design Criteria Package.
3. The DCP shall monitor the Design -Builder's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews, monitoring approvals and making recommendations, as described
in items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual
responsibility and professional liability, in whole or in part, for any design and/or contract
documents prepared by the Design -Build A/E.
C. Design -Builder's Construction Phase
1. The DCP shall monitor that the Design -Build firm ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely manner substitution proposed by the
Design -Build firm, for conformance with the Design -Criteria and incorporate them into the
Design Criteria Package.
3. The DCP shall review -the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
•
4. The DCP shall evaluate the material and/or workmanship for conformance with the
Design -Build Contract 'Document, evaluate quality control. testing reports, advise the
Misc. Architectural Services Page 24
conditions, or otherwise made by the Contractor for its convenience, shall be marked by the
Contractor on the "Field Record Set" and transferred to the original contract documents by the
Consultant. The original documents, as well as the "Record Set" shall become the property of the
City. A reproducible set of all other final documents will be furnished to the City free of charge by
the Consultant. The Consultant shall furnish to the City one complete set of "Record Set
Drawings", in Auto CADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall fumish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project.
A2.07 DESIGN CRITERIA PROFESSIONAL
The Design Criteria Professional shall include those services in accordance with Section 287.055 Florida
Statute and the following:
A. Bidding
1. Assist and make written recommendations to the City in the analysis of bids and in
determining the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution
by bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
document, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate alternatives presented from
the Design Builders for compliance with the Design Criteria Package.
3. • The DCP shall" monitor the Design -Builder's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews,, monitoring approvals and making recommendations, as described
in items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual
responsibility and professional liability, in whole or in part, for any design -and/or contract
documents prepared by the Design -Build NE.
C. Design -Builder's Construction Phase
1. The DCP shall monitor that the Design -Build firm ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely manner substitution proposed by the
Design -Build firm, for conformance with the Design-Criteria.and incorporate them into the
Design Criteria Package.
3. The DCP shall review the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
4. The DCP shall evaluate the material and/or workmanship for conformance with the
Design -Build Contract Document, evaluate quality control testing reports, advise the
Misc. Architectural Services Page 24
Design -Build firm and the City immediately of any unacceptable materials and
workmanship that the DCP may discover and ensure that the Design -Build firm take
appropriate action to remedy unacceptable conditions.
5. The DCP shall review design/construction schedules, look -ahead schedules, daily
reports, and meeting minutes from the Design -Build firm for potential issues that will
adversely impact the Project. The DCP will take the lead in the resolution of issues and
provide alternative solutions and recommendation to the City. The DCP will provide a bi-
weekly written report to the City's Project Manager.
6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its
findings and recommendations.
7. DCP shall approve or reject as applicable Design -Build firm's applications for payment.
8. Upon notification from the Design -Build firm that the project is substantially complete
including, but not limited to, all Life Safety Standards, the DCP shall promptly do the
following:
• Conduct inspections to determine the date or dates of substantial completion of
the project. If the project is found substantially complete and in accordance with
the Design -Build Contract Document, the DCP shall then certify that to the best
of the DCP's knowledge and professional judgment that the Project has been
constructed in accordance with the Contract Documents, and shall fumish such
other documentation as required by applicable laws or regulations. If the project
is deemed to be not substantially complete, the DCP shall notify the Design -
Build firm and the City in writing of the deficiencies and shall verify the Design-
Build firm's corrections of the deficiencies, as required, and shall then certify as
stated above.
• Upon certification by the DCP that substantial completion has been achieved,
the City representatives, accompanied by the DCP, shall perform a substantial
completion inspection of the project. If deficiencies are still found, the DCP shall
assemble a punch list of comments from any participants representing the City
in the inspection and shall evaluate each comment to determine whether or not
they.are part of the Construction Documents.
• The DCP shall provide to the Design -Build firm the City's official punch list,
which shall include all trades, within twenty (20) Calendar days, and shall verify
the correction of the punch list items. After the Design -Build firm correct all
punch list items, the DCP shall verify completion.
• If the DCP finds the project to be complete and acceptable, the DCP shall
obtain the City's approval to inform the Design -Build firm of acceptance and
commencement of warranty period. The DCP shall assist the City with respect
to the Final Completion and occupancy Inspection by Building Department.
Upon final completion of the project, the DCP shall assist the City in closeout of
the project,: obtaining from the Design -Builder's NE all required submittal, such
as signed and seal as built drawings, warranties, final survey operation and
maintenance manuals, releases of claims, verification of punch list completion
by contractor, final inspection and certificate of occupancy by Building
Department, completing any remaining contract change orders and review of
the final payment application. The DCP shall obtain from the Design -Builder's
A/E certification that, to the best of the NE knowledge and belief, no asbestos -
containing building material (ACBM) was specified for, or was used in the
construction of the project.
•
9. The DCP sha'll`'assist the City in the resolution of any disputes or claims that may arise
from between the City and the Design Build firm.
ARTICLE A3 ADDITIONAL SERVICES
Misc. Architectural Services Page 25
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are
normally considered to be beyond the scope of the Basic Services. Additional Services shall either be
identified in a Work Order or shall be authorized by prior written approval of the Director or City
Manager and will be compensated for as provided in Attachment B, Section B3.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited
to the following:
A3.02-1
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
A3.02-2
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-3
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's
personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, sub -contractor, or equipment manufacturer.
A3.02-4
Major Revisions: Making major revisions to drawings and specifications resulting in or from •a. change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by City and are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-5
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, except in a claim brought by the Consultant against
the City.
A3.02-6
Miscellaneous: Any other services not otherwise included in this Agreement but customarily furnished
in accordance with generally accepted architectural/engineering practice related to construction.
A3.03 ADDITIONAL DESIGN
Thecity may, at its option, elect to proceed with additional services relating to the Project.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic
and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -
Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade,
Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this
Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, •beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement
Misc. Architectural Services Page 26
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by
Program Manager.
A4.01-3
Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the Consultant.
A4.01-4
Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
. A4.02 SUBCONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
consultant's agreement provides for reimbursable expenses and when such agreement has been
previously approved, in writing, by the Director and subject to all budgetary limitations of City and
requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement, may fumish Consultant with
the information described below, or, if not readily available, may authorize Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of
existing structures, the grades and lines of street, pavement, and adjoining properties; the rights,
restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-2
Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City.
A5.01-3
General Project Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.02
A5.01-4
Existing Drawings: Drawings representing as -built conditions at the time of original construction,
subject to as -built availability. However, such drawings, if provided, are not warranted to represent
• conditions as of the date of receipt. Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4
above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided Consultant has reviewed all such information to determine if
additional information and/or testing is required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT •
A5.03-1
During construction, Consultant and the City staff shall assume the responsibilities described in the
general conditions and supplementary conditions of the construction contract relating to review and
approval of the construction work by the Contractor.
A5.03-2
Misc. Architectural Services Page 27
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to
Consultant.
Misc. Architectural Services Page 28
SCHEDULE Al. - SUB -CONSULTANTS
Alleguez Architecture, Inc.
FIRM NAME
CONSULTING FIELD
EAC Consulting, Inc.
Civil Engineering
Bliss & Nyitray, Inc.
Structural Engineering
Gartek Engineering Corporation
MEP Engineering
Laura Llerena & Associates, Inc.
Landscape Architecture
SCHEDULE A2. — KEY STAFF
NAME
JOB CLASSIFICATION
Ana Alleguez, R.A., LEED AP
Principal -in -Charge
Orlando Melian, R.A.
Project Architect
Marlene de la Cruz-Rett
Project Manager
Rick Crooks
Principal -in -Charge (EAC Consulting)
Truong Trinh
Project Manager
Chun Li
Project Engineer
Rodney Devera
Design Engineer
Jouvens Adrien
CADD Technician
Richard Brown
Senior Inspector
Kirk-Wallen
Inspector
Paul Zilio
Principal -in -Charge (Bliss & Nyitray)
Steve Sheffield
Project Manager
Adriana Jaegerman
•
Project Engineer .
Jose Matallana
CAD() Technician
Misc. Architectural Services
Page 29
Robert L. Betancourt
Principal -in -Charge (Gartek Engineering) •
Mel F. Garcia
Principal
Jose Fernandez
Engineer
Tito Alvarado
Engineer
Jorge Cervantes
Engineer
Julian Puerta
Engineer
Daniel Betancourt
Engineer
Laura M. Llerena
Principal -in -Charge / President (Laura Llerena &
Associates)
Jason T. Karose
Project Manager / Designer
Luis Rodriguez
CADD Operator
Jose Matallana
CADD Technician
Misc. Architectural Services Page 30
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 B3.02in Section and at the rates set forth in Section
c) A Percentage of Construction Cost, as defined in Section B3.03, solely with the written approval of
the Director
NOTE: The Lump Sum 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 intems,
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 multiplier of 2.9 for home office and 2.4 for field shall apply to
Consultant's hourly Wage Rates in calculating compensation payable by,the City. Should the Consultant
have an approved multiplier with the State of Florida or Miami Dade County the City may elect to utilize of
these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover
Consultant employee benefits and Consultant's profit and overhead, including, without limitation, office
rent, local telephone and utility charges, officeand 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.
Misc. Architectural Services Page 31
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job classifications, available
staff and projected man-hours required for the proper completion of tasks and/or groups of tasks,
milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement.
B2.06 ESCALATION
Where the services for construction administration Services exceed the time frame established in the
contractor's contract for completion of construction of the Project by more than ninety (90) days or where
the Director determines that extenuation circumstances exist, the hourly rates depicted in Schedule B1,
Certified Wage Rates, may be adjusted at the Consultant's request according to the Miami — Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying the ratio of the index in effect at that time divided by the
previous year's index by the hourly rate entries in the Wage Rate Schedule to determine the adjusted
Wage Rate Schedule. The maximum increase in any adjustment shall be limited to three percent (3%) in
any one year contractual period.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner.
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order. Lump Sum compensation is the preferred" method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where all aspects of Work are
clearly defined, quantified and calculated.
B3.01-2 Guaranteed. Maximum Lump Sum: shall be the total maximum fee amount payable by City
wherein certain aspects, tasks or allowances may not be defined, quantified and calculated at the time of
Work Order issuance. A Guaranteed Maximum Lump Sum compensation may represent a combination of
Fixed Fees for professional services and not to exceed allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is agreed upon as the "Base Fee" for Basic Services defined for a
project, payments to the Consultant shall be based on a percentage of the Base Fee according to the
Phase of the Work as indicateifunder Section 6.01.
B3.01-4 If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for
any Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect
by an amendment to the Work Order.
B3.01-5 It is understood that with Fixed Fee Lump Sum Compensation, the Consultant shall perform all
services for total compensation in the amount stated above. Under a Not to Exceed Lump Sum, the
Consultant shall perform all services that may comprise "Basic Services" but may not be required by City
to perform all other services delineated in the Work Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum compensation
amount stipulated.
B3.01-6 Lump Sum compensation shall be calculated -by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested
Misc. Architectural Services Page 32
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 PERCENTAGE OF CONSTRUCTION COST:
This is a percentage fee based on the Total Authorized Design Value of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03 The Total Authorized Design Value shall be used and identified in the Work Order as the basis for
establishing the compensatory fee for all phases identified as part of Basic Services.
B3.03 If the actual construction cost is increased during the construction phase, the "Actual Construction
Cost" shall be used as the basis for determining the fee for Construction Administration Phase if included
in Basic Services.
B3.03 The term "Actual Construction Cost" does not include any compensation to the Consultant, the
cost of the land, rights -of -way, works of art, permit fees or other costs which are the responsibility of the
City.
B3.03-2 Inclusive Fee
It is understood that with percentage compensation the Consultant shall perform all services for the stated
percentage of the construction cost budgeted when the contract is signed.
B3.03-3 Changes to Project Scope
If the City authorizes an increase or decrease in the scope of the Project or the Total Authorized Design
Value of the Project, the Base Fee will be adjusted accordingly, based on justification from the Wage
Rates or as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
.B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES:
The design of additive and deductive altemates.contemplated as part of the original Scope for a Project as
authorized by the Direc or will be considered as part of Basic Services. The design of additive and
deductive alternates that are beyond the.original Scope of Work and construction budget may be billed to
Misc. Architectural Services Page 33
City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined
above, as mutually agreed by the DIRECTOR and the Consultant.
63.06 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.06 and B3.04
respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
which can be found on the City's Webpage at www.miamigov.com/capitalimprovements/pages/
ProcurementOpportunities.
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.
B3.06-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost.
B3.06-2 Procedure and.Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultants Competitive Negotiation Act, and other applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services the Consultant will apply the multiplier of one- (1.0) times the
amount expended by the Consultant.
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from` such suspension or termination. If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on
the City's Webpage at www.miamigov.com/Capitallmprovements/pages/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
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
Misc. Architectural Services Page 34
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 shrill, 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 and/or Additional 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. Govemmental 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 experis.es, approved by .the Project Manager; long distance telephone, •
courier and express mail between the Consultant's various permanent offices. The Consultant's field
office at the Project site is not considered a permanent office.
B5.01-4 Reproduction, Photography
Misc. Architectural Services Page 35
Cost of printing. reproduction Qrphotography, 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.
Misc. Architectural Services Page 36
ATTACHMENT B- COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
Alleguez Architecture, Inc.
NAME
JOB CLASSIFICATION
NEGOTIATED
AVERAGE
HOURLY
RATE
ADJUSTED
AVERAGE HOURLY
RATE
(2.9 Multiplier Applied)
Ana Alleguez, R.A., LEED AP
Principal -in -Charge
$56.00
$162.40
Orlando Melian, R.A.
Project Architect
$39.65
$114.99
Marlene de la Cruz-Rett
Project Manager
$31.25
$90.63
TBD
CADD Technician
$21.00
$60.90
EAC Consulting, Inc.
Rick Crooks
Principal -in -Charge
$55.00
$159.50
Truong Trinh
Project Manager
$45.00
$130.50
Chun Li
Project Engineer
$37.35
$108.32
Rodney Devera
Design Engineer
$28.33
$82.16
Jouvens Adrien
CADD Technician
$21.00
$60.90
Richard Brown
Senior Inspector
$34.00
$98.60
Kirk Wallen
inspector
$25.68
$74.47
Bliss & Nyitray, Inc.
Paul Zilio .
Principal -in -Charge
$55.00
$159.50
Steve Sheffield
Project Manager
$48.00
$139.20
Adriana Jaegerman
Project Engineer
$34.64
$100.46
Jose Matallana
CADD Technician
$21.00
$60.90
Gartek Engineering Corporation
Robert L. Betancourt
Principal -in -Charge
$61.00
$176.90
Mel F. Garcia
Principal -in -Charge
$61.00
$176.90
Jose Fernandez • -
Engineer
$38.00
$110.20
Tito Alvarado .
Engineer , ,"
$38.00
$110.20
Misc. Architectural Services
Page 37
ATTACHMENT B - COMPENSATION
Jorge Cervantes
1 tngreer
$38.00
$110.20
Julian Puerta
. Engineer
$38.00
$110.20
Daniel Betancourt
Engineer
$38.00
$110.20
Laura Lierena & Associates, Inc.
Laura M. Llerena
Principal -in -Charge /
President
$45.52
$132.01
Jason T. Karose
Project Manager / Designer
$27.52
$79.81
Luis Rodriguez
CADD Operator
$21.00
$60.90
Jose Matailana
CADD Technician
$18.75
$54.38
Misc. Architectural Services Page 38
-ter-
r„ ,,t`
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural Services (RFQ No. 08-09-063)
Contract Type Miscellaneous Projects
Consultant Architeknics, Inc.
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 5
3.01 PERFORMANCE AND DELEGATION 5
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 6
3.04 TIME FOR PERFORMANCE 6
ARTICLE 4 SUBCONSULTANTS 6
4.01 GENERAL 6
4.02 SUBCONSULTANT RELATIONSHIPS 6
4.03 CHANGES TO SUBCONSULTANTS 6
ARTICLE 5 DEFAULT 6
5.01 GENERAL 6
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE 6 TERMINATION OF AGREEMENT 7
6.01 CITY'S RIGHT TO TERMINATE 7
6.02 CONSULTANT'S RIGHT TO TERMINATE 7
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 7
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 8
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE 9
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10- MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 10
10.03 SUCCESSORS AND ASSIGNS 10
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10
10.06 NOTICES 11
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 11
10.09 PRIORITY OF PROVISIONS .. 11
10.10 MEDIATION - WAIVER OF JURY TRIAL 11
10.11 TIME 12
10.12 COMPLIANCE WITH LAWS 12
10.13 NO PARTNERSHIP 12
GIP Contract No. is i - alW34 Page 1
Misc. Architectural Services
TABLE OF CONTENTS (CONTINUED)
10.14 DISCRETION OF DIRECTOR 12
10.15 RESOLUTION OF CONTRACT DISPUTES. 12
10.16 INDEPENDENT .CONTRACTOR.:. 13
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL ..17
A1.01 SCOPE OF SERVICES 17
A1.02 WORK ORDERS 17
ARTICLE A2 BASIC SERVICES 17
A2.01 DEVELOPMENT OF OBJECTIVES 18
A2,02 SCHEMATIC DESIGN 18
A2.03 DESIGN DEVELOPMENT 19
A2.04 CONSTRUCTION DOCUMENTS 19
A2.05 BIDDING AND AWARD OF CONTRACT 20
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 21
A2.07 DESIGN CRITERIA PROFESSIONAL 24
ARTICLE A3 ADDITIONAL SERVICES 25
A3.01 GENERAL 26
A3.03 ADDITIONAL DESIGN 26
ARTICLE A4 REIMBURSABLE EXPENSES 26
A4.01 GENERAL 26
A4.02 SUBCONSULTANT REIMBURSEMENTS 27
ARTICLE A5 CITY'S RESPONSIBILITIES 27
A5.01 PROJECT & SITE INFORMATION 27
A5.03 CONSTRUCTION MANAGEMENT 27
SCHEDULE Al. - SUB -CONSULTANTS 29
SCHEDULE A2, - KEY STAFF 29
ATTACHMENT B - COMPENSATION AND PAYMENTS 30
ARTICLE B.1 METHOD OF COMPENSATION 30
B1.01 COMPENSATION LIMITS 30
B1.02 CONSULTANT NOT TO EXCEED 30
ARTICLE B2 WAGE RATES 30
B2.01 FEE BASIS 30
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30
B2.03 MULTIPLIER 30
B2.04 CALCULATION 31
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 31
B2.06 ESCALATION 31
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 31
B3.01 LUMP SUM• 31
B3.02 HOURLY RATE FEES 32
B3.03 PERCENTAGE OF CONSTRUCTION COST: 32
B3.04 REIMBURSABLE EXPENSES 32
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES; 32
B3.06 FEES FOR ADDITIONAL SERVICES 33
B3.07 PAYMENT EXCLUSIONS 33
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 33
ARTICLE B4 PAYMENTS TO THE CONSULTANT 33
B4.01 PAYMENTS GENERALLY 33
B4.02 FOR COMPREHENSIVE BASIC SERVICES 33
B4.03 BILLING - HOURLY RATE 34
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 34
B4.05 DEDUCTIONS 34
ARTICLE B5 REIMBURSABLE EXPENSES: 34
B5.01 GENERAL 34
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 35
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 35
B6.01 GENERAL 35
SCHEDULE B1 - WAGE RATES SUMMARY 36
Misc. Architectural Services Page 2
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Consultant
Consultant Office Location
City Authorization
Architectural Services (RFQ No. 08-09-063)
Miscellaneous Projects
Architeknics, Inc.
7450 SW 48th Street
Miami, FL 33155
City Code Section 18-87
This Agreement made this gday of TU Y1� in the year 2010 ("Agreement') by
and between the City of Miami, Florida, hereinafter called the "City," and Architeknics, Inc.,
hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 08-09-063 on
December 18, 2009 for the provision of Architectural Services 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:
Misc. Architectural Services Page 3
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEEtNfTIONS
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 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.
1.09 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.
1.10 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.
1.11 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of Work performed by a Contractor.
1.12 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.
1.13 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.
1.14 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.
1.15 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.
Misc. Architectural Services Page 4
PROFESSIONAL SERVICES AGREEMENT
1.16 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters elating to insurance and risk of loss for the City.
1.17 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.
1.18 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.
1.19 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.
1.20 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 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 option to extend the term for 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
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 shall the amount of
compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the
Agreement and any extension(s), unless explicitly approved by action of the City Commission 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.
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If
Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be
submitted in accordance with 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 Consultants 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.
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PROFESSIONAL SERVICES AGREEMENT
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or 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 will act reasonably in evaluating Key Staff
qualifications, Such acceptance shall not constitute any responsibility or liability for the individual's ability to
perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation.
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
Misc. Architectural Services Page 6
PROFESSIONAL SERVICES AGREEMENT
the City, in addition to all remedies available to it by law, may immediately, upon written notice to
Consultant, terminate this Ag t euient whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately returned 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 shalt be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the Insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with
the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the 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 turned over to the Director or designee. The
Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation
is turned over to Director or designee within ten (10) business days of termination. Failure to timely deliver
the documentation shall be cause to withhold any payments due without recourse by Consultant until all
documentation is delivered to the Director or designee.
B.o1-1 Consultant shall have no recourse or remedy from a termination made by the City except
to retain the fees earned 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
Misc. Architectural Services Page 7
PROFESSIONAL SERVICES AGREEMENT
employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration
contingent upon orresutting 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 at electronic digital copies will be considered works made for hire and will, based on
incremental transfer wherein the above shall become the property of the City upon payments made to
Consultant or termination of this Agreement.without restriction or limitation on their use, and will be made
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project •
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub -Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its
services hereunder. Records subject to -the provisions of Public Record -Law, 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 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
Misc. Architectural Services Page 8
PROFESSIONAL SERVICES AGREEMENT
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
attomey's fees, and judgments which may issue thereon. The Consultant's obligation under this
paragraph shall not be limited in any way by the agreed upon contract price, or the Consultant's limit of, or
lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligence,
act, omission, recklessness or intentional wrongful conduct of the Consultants, its agents, servants, or
representatives.
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request
9.03 FORMS OF COVERAGE
9.03-1 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 all owned,
hired and non owned autos with a minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10)
days for nonpayment.
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per 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 $500,000 each
occurrence.
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PROFESSIONAL SERVICES AGREEMENT
9.03-5 SUB -CONSULTANT COMPLIANCE
Consultant shall ensure that all Sub -consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement
between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City
determines the project price was increased due to inaccurate, incomplete or non -current wage rates and
other factual unit costs. All such price adjustments will be made within 1 year following the end of the
Project.
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 6 where
Consultant shall pay the City's reasonable attorney's fees.
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PROFESSIONAL SERVICES AGREEMENT
10.06 NOTICES
Whenever either party desires to ?give notice unto the other, such -notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
For City of Miami:
Gary Fabrikant, Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2"d Ave., - 8'h Floor
Miami, Florida 33130
For Consultant:
Lourdes Rodriguez, President
7450 SW 48th Street
Miami, FL 33155
305-661-5392
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.
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PROFESSIONAL SERVICES 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
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
& 11 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 riot 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.
1 D.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
mariner.
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.
Misc. Architectural Services Page 12
PROFESSIONAL SERVICES AGREEMENT
Consultant must submit any further appeal in writing within five calendar days to the City Manager. Failure
to submit such appeal of the written finding snail 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
(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 corhpilance with' the procedure set forth in this section by written instrument(s)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide Services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
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PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
Archite nics, Inc., Consultant
_ e5 �rI Z Aih g'JA �-7
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
CITY OF IAM1, a municipal corporation of the
State of F orida
Priscilla A. Thompson, City Clerk t ,/ Carlos'K Migoya, City Manager
APPROVED AS TO'INSURANCE APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
REQUIREMENTS:
LeeAnn Brehm, Director
Risk Management -Department
Julie O. Bru, City Attorney
Misc. Architectural Services Page 14
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I ,HEREBY CERTIFY that at a meeting of the Board of Directors of
1:-(i Tfr 1', LAG . , a corpor tip organized and existing under
the laws of the State of , ?2,1 D,Ar , held on the 1I day of kt ,26210 , a
resolution was duly passed and adopted authorizing (Namenr,vt. ,2 GLiVZ as
(Title) E'RiGVrj of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, all be the official act and deed of the corporation.
I further ce that said res! ton remains in full force and effect.
IN rS W � ism• hey - ereunto set my hand this 1; day ofv
20 10 .
Secretary.
Print: F•4WoV G►, i? 2- ,04,6i15o
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
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, I have hereunto set my hand this , day of
20
Partner:
Print:
Name
Street Address
City
State
Zip
Misc. Architectural Services
Page 15
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating'that the person signing
this bi'd'is authorizedto sign bid documents on behalf of theyoiht venture. If there is no joint
venture 8greenient 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 Agreernent
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 rta24 PA*
SS:
COUNTY OF VIM I A11M -9. )
The foregoing instrument was acknowledged_ before me this 11 day of
faLt , 20 to , by g411 �. , who is personally
ho has produced as identification and who
e an oath.
SIGNA- RE OF NOTARY
ST-ATE OF FLORIDA
ry ' ubIic Stateof Florida
Alejandro Vidal
My Commission DD575380
Expires 07/1812010
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Misc. Architectural Services
Page 16
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural Services shall include, but are not limited to, complete planning and design services,
programming, feasibility studies, options evaluations, public meetings, irrigation, lighting, electrical,
landscaping, detailed facility assessments, cost estimates, opinions of probable construction cost,
preparation of bid and construction documents, review of work prepared by Sub -consultants and other
consultants, field investigations and observations, construction contract administration, as -built
documentation and other related architectural and engineering services as needed to complete the
Projects. Consultant shall provide Professional Architectural Services for the Project for which Consultant
was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive
Negotiations Act (CCNA).
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all
applicable law, building and environmental regulations, including the Florida Building Code and
the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further
enumerated in a Work Order. Consultant may be required to perform all or some of the services
presented in this Agreement, depending on the needs of the City for the Project. Consultant shall
furnish, as Basic Services, Comprehensive Architectural Professional Services for the Project.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CIP has determined that a Project or a specific phase of a Project is to proceed, the
Director or authorized designee will request in writing, a Work Order Proposal from the Consultant
based on the proposed Scope of Services provided to the Consultant in writing by the Director or
designee. The Consultant and Director or designee, and others if appropriate, may have
preliminary meetings, if warranted, to further define the Scope of Services and to resolve any
questions. The Consultant shall then prepare a Work Order Proposal following the format
provided by the City, indicating the proposed Scope of Services, time of performance, staffing,
proposed fees, Sub -Consultants, and deliverable items andlor documents.
The Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work
Order Proposal CIP will prepare a Work Order that will be reviewed by CIP staff and the Director
or designee. Upon approval CIP will issue a written Notice to Proceed subsequent to approval of
the Work Order by the Director or designee. The Director may also reject the Work Order
Proposal and request a Work Order Proposal from another consultant.
It is understood that any Notice to Proceed for a Work Order will be issued under this Agreement
at the sole discretion of the Director and that the Consultant has no expectation, entitlement, right
to or privilege to receive a Notice to Proceed for any project or task. The City reserves at all times
the right to perform any and all Professional Services in-house, or with other private professional
architects or engineers as provided by Section 287.055, Florida Statutes, as amended,
(Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or
tasks or to exercise every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special rights to
any work required by the City. Outside of this Agreement, the Consultant may submit proposals
and/or qualifications for any professional services which the Consultant is qualified to perform in
response to any public solicitation issued by City.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete Architectural Services as set forth in the tasks enumerated
hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City
of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified
personnel on the Work at all times to ensure its performance as specified in the Agreement.
Misc. Architectural Services Page 17
Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents
required under Article A2, without additional ctlame, for review and approval by City. Consultant shall not
proceed with the next task of the Work until the documents have been approved, in writing, by City, and
an Authorization to Proceed with the next task has been issued by City.
Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall
perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gather information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services furnished by the Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions,
and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable
for claims for delay costs, and any increased costs in construction, 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.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed
and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of
City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the
requisite detail of design development required to begin the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and the
remaining items will be called Designs.
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in
presentations to multiple groups explaining altemative options. Sufficient detail shall be provided
to support the presentation materials.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by City, a Design Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a Statement of
Probable Construction Cost, Project Development Schedule and review of Constructabiiity Review
reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City or Project Manager to show the scale and
relationship of the components and design concepts of the whole. The floor plans may be single-
Ilne diagrams. A simple perspective rendering or sketch, model or photograph thereof may be
provided to further show the design concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI)
format, to include a summary of the estimated project cost and an evaluation of funding allocation.
Such summary shall be in sufficient detail to identify the costs of each element and include a
breakdown -of -the -fees, -general -conditions and -construction -contingency. Such -evaluation shall
comprise a brief description of the basis for estimated costs per each element and similar project
unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the
scope of the Project in order to bring the estimated costs within allocated funds, in the event that
the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update
its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement
Misc. Architectural Services Page 18
of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost
in Consultant's test judgment as a professional familiar with the local construction industry,
3. The Project Development Schedule shall show the proposed completion date of each task of the
Project through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design
stages deemed necessary by the Project Manager. Consultant shall provide five additional
deliverable plan sets for distribution, by City, to others for this purpose. There shall be an
established deadline for review report submission back to City. Consultant shall provide written
responses to all comments within two weeks and shall maintain files of all related review reports
and response reports. If necessary, City may coordinate Constructability Review meetings with
some or all of the reviewers with Consultant present to discuss specific issues. In addition to the
Constructability Review process mentioned above, City reserves the right to conduct a Peer
Review of the project documents at any design stage. Cost of such a Peer Review would be
borne by City. Any findings as a result of said Peer Review would be addressed by Consultant,
and if requested by City, would be incorporated into the design documents, at no additional cost to
City and no extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at
oral presentations, if requested, for approval by City, separate Design Development Documents, updated
Project Development Schedules, updated Statements of Probable Construction Costs and a review of
Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
and sections), outline specifications, and other documents,
2. Design Development consists of continued development and expansion of architectural and/or
civil Schematic Design Documents to establish the final scope, relationships, forms, size, and
appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone
of each Project through design, bidding, construction and proposed date of occupancy. Consultant
will also detail all long lead procurement items and architecturally significant equipment that will
need to be purchased prior to the completion of Construction Documents.
4, Provide updated Statements of Probable Construction Cost. If either statement of Probable
Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for
reducing the scope of that particular Project in order to bring the estimated costs within allocated
funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by
City, Final Construction Documents setting forth all design drawings and specifications needed to
comprise a fully biddable, permittable, constructible Project.
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval
by City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not
included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index
of all anticipated drawing sheets necessary to fully define the Project.
Misc. Architectural Services Page 19
2. The updated Project Development Schedule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit City to award a Construction Contract within the
limit of the budgeted amount.
5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed. Documents submittal shall also include all sections of Divisions "0" and
"1"
6. Consultant shall include, and will be paid for City -requested altemates outside of the established
Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in
connection with alternates required by the failure of Consultant to design the Project within the
Fixed Limit of Construction Cost.
7. Consultant shall not proceed with further construction document development until approval of the
30% documents is received in writing from City. Approval by City shall be for progress only and
does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to
other covenants contained in this Agreement. Consultant shall resolve all questions indicated on
the documents and make all changes to the documents necessary in response to the review
commentary. The 30% Documents review (check) set shall be returned to City upon submission
of 60% complete Construction Documents and Consultant shall provide an appropriate response
to all review comments noted on these previously submitted documents.
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document
Development, the City shall establish and communicate to the Consultant, a maximum sum for
the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for
bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate
of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the
contrary, the City may require the Consultant to revise and modify Construction Documents and
assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and
responsible bids received exceed ten (10%) percent of the Maximum Cost Limit.
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of building permits at the earliest practicable
time during the performance of the Work, for approval by City, County, State and/or Federal
authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to approval
by CIP of the final set and printing of the Construction Documents. The Consultant shall promptly,
at any time during the performance of the Work hereunder, advise the City of any substantial
increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of
the Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .plt, and ,pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 Bid Documents Approvals and Printing
Upon obtaining all necessary approvals of the Construction Documents from authorities having
jurisdiction, and acceptance by the City of the 100% Construction Documents and latest
Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and
preparing and awarding the construction contract. The City, for bidding purposes, will have the bid
Misc. Architectural Services Page 20
documents printed, or at its own discretion, may authorize such printing as a reimbursable service
to the Consultant.
A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of
Bidders.
2. The Consultant shall assist the City in the preparation of responses to questions if any are
required during the bidding period. All addendum or clarifications, or responses shall be
issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The
Consultant shall attend all any pre -bid meeting(s) and require attendance of Sub -Consultants
at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05-3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids
and the preparation of documents for Award of a contract. If the lowest responsive Base Bid
received exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project.
The Consultant shall, without additional compensation, modify the Construction Documents
as necessary to bring the Probable Construction Cost based on such revisions within the
Total Authorized Construction Budget. The City may exercise such option where the bid price
exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be
modified by the City and the Consultant prior to soliciting bids.
4. Suspend, cancel or abandon the Project.
NOTE: Under item 3 above the Consultant shall, without additional compensation, modify the
Construction Documents as necessary to bring the Probable Construction Cost within the budgeted
amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
The Construction Phase will begin with the issuance of the Notice to Proceed and will end when
the Consultant has provided to the City all post construction documents, Including Contractor As -
Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and
Certificate(s) of Occupancy have been delivered to the City and the City approves the final
payment to the Consultant. During this period, the Consultant shall provide administration of the
construction contract as provided by this Agreement, and as provided by law.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and
consult with the City and shall have the authority to act on behalf of the City to the extent provided
in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2,06-3
The Consultant and respective shall visit the site to conduct field observations, at a minimum on a
weekly basis, and at all key construction events to ascertain the progress of the Project, and shall
visit the site as appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the Contract Documents,
The Consultant shall provide any site visits necessary for certification if required by the authorities
having jurisdiction, Threshold inspection shall be provided by the Consultant at no additional cost
to the City. The Consultant shall report on the progress the Work, including any defects and
Misc. Architectural Services Page 21
deficiencies that may be observed in the Work. The Consultant and/or will not be required to
make extensive inspections or provide continuous daily on -site inspections to check the quality or
quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be
responsible for writing and distributing minutes of all meetings and field inspections report it is
asked to attend. Consultant and will not be held responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with
the Work. The Consultant will not be held responsible for the Contractor's or sub -contractors', or
any of their agents' or employees' failure to perform the work in accordance with the contract
unless such failure of performance results from the Consultants acts or omissions.
A2.06-4
The Consultant shall furnish the City with a written report of all observations of the Work made by
Consultant and require all to do same during each visit to the Project. The Consultant shall also
note the general status and progress of the Work on forms furnished by the City. The Consultant
shall submit the reports in a timely manner. The Consultant and Sub -Consultant shall ascertain
that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the
Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies
of the field reports shall be attached to the monthly Professional Services payment request for
construction administration services. The Consultant's failure to provide written reports of all site
visits or minutes of meeting shall result in the rejection of payment requests and may result in a
proportional reduction in Construction Administration fees paid to the Consultant.
A2.06-5
1. Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due to the Contractor based on the pay for performance milestones
and shall recommend approval of such amount as appropriate. This recommendation shall
constitute a representation by the Consultant to the City that, to the best of the Consultant's
knowledge, information and belief, the Work has progressed to the point indicated and that,
the quality of the Work is in accordance with the contract and the Contractor is entitled to
amount stated on the requisition subject to: a detailed evaluation of the Work for conformance
with the contract upon substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting or as stated on
the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, which shall be
attached to the Contractor's Requisition. Such statement shall be prepared immediately following
the requisition field meeting and shall not be cause for delay in timely payment to the Contractor.
By recommending approval of a Payment Certificate, the Consultant shall not be deemed to
represent that the Consultant has made any examination to ascertain how and for what purpose
the Contractor has used money paid on account of the Construction Contract Sum.
A2.06-6
The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress of the Work upon written request of either the City or the
Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
A2.06-7
The Consultant shall have the authority to recommend rejection of Work which does not conform
to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will
Misc. Architectural Services Page 22
have the authority to recommend special inspection or testing of any Work deemed to be not in
accordance with the etch -act, whether or not such Work has been fabricated and/or delivered to
the Project, or installed and completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project Manager
and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10)
calendar days from receipt of shop drawings, samples, RFI's or other submittals by the
Contractor, to retum the shop drawings or submittals to the Contractor with comments indicating
either approval or disapproval. Consultant shall provide the Contractor with a detailed written
explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review
contractor payment applications to ensure the City complies with Florida Statute §218.70.
A2.06-9
The Consultant shall initiate and prepare required documentation for changes as required by the
Consultant's own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
A2.06-10
The Consultant shall examine the Work upon receipt of the Contractor's request for substantial
completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that
the Project is substantially complete in accordance with the contract requirements. The
Consultant shall in conjunction with representatives of the City and the Contractor prepare a
punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor
in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch -list the
Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to
the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all
items on the punch -list, all necessary close-out documentation from the Contractor including but
not limited to all guarantees, operating and maintenance manuals for equipment, releases of
liens/claims and such other documents and certificates as may be required by applicable codes,
law, and the contract, and deliver them to the City before final acceptance shall be issued to the
Contractor.
A2.06-11
The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with
its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of
any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and
systems and 3) final clean-up of the Project to assure a smooth transition from construction to
occupancy by the City.
A2.06-12
The Consultant shall review the Contractor's "as built" drawings and submit them to the City upon
approval by the Consultant. The Contractor is responsible for preparing the "as built" drawings.
A2.06-13
The Consultant shall furnish to the City the original documents, including drawings, revised to "as -
built" conditions based on information furnished by the Contractor; survey, and specific condition.
In preparing the "Record Set" documents the Consultant shall rely on the accuracy of the
information provided by the Contractor, including the Contractor's record drawings. Any
certification required under this Agreement including the contents of "as -built" documents is
conditioned upon the accuracy of the information and documents provided by the construction
contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for
Information", substitution approvals, or other clarifications will be the Consultant's responsibility to
incorporate into the "Record Set" and record documents. Changes made in the field to suit field
Misc. Architectural Services Page 23
conditions, or otherwise made by the Contractor for its convenience, shall be marked by the
Contractor on The "Field Record Se and transferred to the original contract documents by the
Consultant. The original documents, as well as the "Record Set" shall become the property of the
City. A reproducible set of all other final documents will be furnished to the City free of charge by
the Consultant. The Consultant shall furnish to the City one complete set of "Record Set
Drawings", in Auto CADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work _and upon final completion of the Project.
A2.07 DESIGN CRITERIA PROFESSIONAL
The Design Criteria Professional shall include those services in accordance with Section 287.055 Florida
Statute and the following:
A. Bidding
1. Assist and make written recommendations to the City in the analysis of bids and in
determining the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution
by bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
document, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate alternatives presented from
the Design Builders for compliance with the Design Criteria Package.
3. The DCP shall monitor the Design -Builder's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews, monitoring approvals and making recommendations, as described
in items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual
responsibility and professional liability, in whole or in part, for any design and/or contract
documents prepared by the Design -Build A/E,
C. Design -Builder's Construction Phase
1. The DCP shall monitor that the Design -Build firm ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely mariner substitution proposed by the
Design -Build firm, for conformance with the Design -Criteria and incorporate them into the
Design Criteria Package.
3. The DCP shall review the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
4. The DCP shall evaluate the material and/or workmanship for conformance with the
Design -Build Contract Document, evaluate quality control testing reports, advise the
Misc. Architectural Services Page 24
Design -Build firm and the City immediately of any unacceptable materials and
workmanship that the DCP may discover end ensure that the Design -Build firm take
appropriate action to remedy unacceptable conditions.
5. The DCP shall review design/construction schedules, Zook -ahead schedules, daily
reports, and meeting minutes from the Design -Build firm for potential Issues that will
adversely impact the Project. The DCP will take the lead in the resolution of issues and
provide alternative solutions and recommendation to the City. The DCP will provide a bi-
weekly written report to the City's Project Manager.
6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its
findings and recommendations.
7. DCP shall approve or reject as applicable Design -Build firm's applications for payment.
8. Upon notification from the Design -Build firm that the project is substantially complete
including, but not limited to, all Life Safety Standards, the DCP shall promptly do the
following:
• Conduct inspections to determine the date or dates of substantial completion of
the project. If the project is found substantially complete and in accordance with
the Design -Build Contract Document, the DCP shall then certify that to the best
of the DCP's knowledge and professional judgment that the Project has been
constructed in accordance with the Contract Documents, and shall furnish such
other documentation as required by applicable laws or regulations. If the project
is deemed to be not substantially complete, the DCP shall notify the Design -
Build firm and the City in writing of the deficiencies and shall verify the Design -
Build firm's corrections of the deficiencies, as required, and shall then certify as
stated above.
• Upon certification by the DCP that substantial completion has been achieved,
the City representatives, accompanied by the DCP, shall perform a substantial
completion inspection of the project. If deficiencies are still found, the DCP shall
assemble a punch list of comments from any participants representing the City
in the inspection and shall evaluate each comment to determine whether or not
they are part of the Construction Documents.
• The DCP shall provide to the Design -Build firm the City's official punch list,
which shall include all trades, within twenty (20) Calendar days, and shall verify
the correction of the punch list items. After the Design -Build firm correct all
punch list items, the DCP shall verify completion.
• If the DCP finds the project to be complete and acceptable, the DCP shall
obtain the City's approval to inform the Design -Build firm of acceptance and
commencement of warranty period. The DCP shall assist the City with respect
to the Final Completion and occupancy Inspection by Building Department.
• Upon final completion of the project, the DCP shall assist the City in closeout of
the project,; obtaining from the Design -Builder's NE all required submittal, such
as signed and seal as built drawings, warranties, final survey operation and
maintenance manuals, releases of claims, verification of punch list completion
by contractor, final inspection and certificate of occupancy by Building
Department, completing any remaining contract change orders and review of
the final payment application. The DCP shall obtain from the Design -Builder's
NE certification that, to the best of the NE knowledge and belief, no asbestos -
containing building material (ACBM) was specified for, or was used in the
construction of the project.
9. The DCP shall assist the City in the resolution of any disputes or claims that may arise
from between the City and the Design Build firm.
ARTICLE A3 ADDITIONAL SERVICES
Misc. Architectural Services Page 25
A3.01 GENERAL
Services categorized tieiow 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
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
A3.02-2
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-3
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's
personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, sub -contractor, or equipment manufacturer.
A3.02-4
Major Revisions: Making major revisions to drawings and specifications resulting in or from a change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by City and are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-5
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, except in a claim brought by the Consultant against
the City.
A3.02.6
Miscellaneous: Any other services not otherwise included in this Agreement but customarily furnished
in accordance with generally accepted architectural/engineering practice related to construction.
A3.03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional services relating to the Project.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic
and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -
Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade,
Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this
Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement.
Misc. Architectural Services Page 26
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by
Program Manager.
A4.01-3
Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the Consultant.
A4.01-4
Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4.02 SUBCONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
consultant's agreement provides for reimbursable expenses and when such agreement has been
previously .approved, .in writing, by .the Director and subject to .all budgetary limitations of .City .and
requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement, may furnish Consultant with
the information described below, or, if not readily available, may authorize Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of
existing structures, the grades and lines of street, pavement, and adjoining properties; the rights,
restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services,
A5.01-2
Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City.
A5.01-3
General Protect Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.02
A5.01-4
Existing Drawings: Drawings representing as -built conditions at the time of original construction,
subject to as -built availability. However, such drawings, if provided, are not warranted to represent
conditions as of the date of receipt. Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4
above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided Consultant has reviewed all such information to determine if
additional information and/or testing is required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-1
During construction, Consultant and the City staff shall assume the responsibilities described in the
general conditions and supplementary conditions of the construction contract relating to review and
approval of the construction work by the Contractor.
A5.03-2
Misc. Architectural Services Page 27
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance wit+ the contract during construction, City shall give prompt notice thereof to
Consultant.
Misc. Architectural Services Page 28
SCHEDULE Al. SUB -CONSULTANTS
Architeknics, Inc.
FIRM NAME
CONSULTING FIELD
Basulto & Associates, Inc.
MEP Engineering
CAP Engineering, Inc.
Civil & Structural Engineering
Laura Llerena & Associates, Inc.
Landscape Architecture
Abney + Abney Green Solutions
LEED Consultants
SCHEDULE A2. — KEY STAFF
NAME
JOB CLASSIFICATION
Lourdes Rodriguez, AIA
Principal/Project Manager/Architect
Edward C. Berounsky, R.A
Principal/Project Manager/Architect
Ramon G. Perez-Alonso, R.A
Principal/Project Manager/Architect
Rene I. Basulto, P.E., LEED AP
Principal
Charles Yost
Professional Engineer
Mauricio Vargas, LEED AP
Professional Engineer
Carlos del Pino P.E.
Structural Engineer
Andrew C. Pierce, P.E.
Senior Civil Engineer
Guari Mascoro, P.E.
Civil Engineer
Laura M. Llerena, R.A.
Principal/Landscape Architect
Jason Korose
Project Manager
Kyle M. Abney, LEED AP
LEED Consultant
Misc. Architectural Services
Page 29
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 33.01).
b) An Hourly Rate, as defined B3.02in Section and at the rates set forth in Section
c) A Percentage of Construction Cost, as defined in Section B3.03, solely with the written approval of
the Director
NOTE: The Lump Sum 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 131 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 multiplier of 2.9 for home office and 2.4 for field shall apply to
Consultant's hourly Wage Rates in calculating compensation payable by the City. Should the Consultant
have an approved multiplier with the State of Florida or Miami Dade County the City may elect to utilize of
these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover
Consultant employee benefits and Consultant's profit and overhead, including, without limitation, office
rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment,
profession& dues, subscriptions, stenographic, administrative and cierical support, other employee time or
travel and subsistence not directly related to a Project.
Misc. Architectural Services Page 30
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consuttant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job classifications, available
staff and projected man -Flours required for the proper completion of tasks and/or groups of tasks,
milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shalt, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement.
B2.06 ESCALATION
Where the services for construction administration Services exceed the time frame established in the
contractor's contract for completion of construction of the Project by more than ninety (90) days or where
the Director determines that extenuation circumstances exist, the hourly rates depicted in Schedule B1,
Certified Wage Rates, may be adjusted at the Consultant's request according to the Miami — Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying the ratio of the index in effect at that time divided by the
previous year's index by the hourly rate entries in the Wage Rate Schedule to determine the adjusted
Wage Rate Schedule. The maximum increase in any adjustment shall be limited to three percent (3%) in
any one year contractual period.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of
compensation.
B3.01-1 Lurnp Sum Fixed Fee: shall be the total amount of compensation where all aspects of Work are
clearly defined, quantified and calculated.
B3.01-2 Guaranteed Maximum Lump Sum: shall be the total maximum fee amount payable by City
wherein certain aspects, tasks or allowances may not be defined, quantified and calculated at the time of
Work Order issuance. A Guaranteed Maximum Lump Sum compensation may represent a combination of
Fixed Fees for professional services and not to exceed allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is agreed upon as the "Base Fee" for Basic Services defined for a
project, payments to the Consultant shall be based on a percentage of the Base Fee according to the
Phase of the Work as indicated under Section 6.01.
B3.01-4 If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for
any Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect
by an amendment to the Work Order.
B3.01-5 It is understood that with Fixed Fee Lump Sum Compensation, the Consultant shall perform all
services for total compensation in the amount stated above. Under a Not to Exceed Lump Sum, the
Consultant shall perform all services that may comprise "Basic Services" but may not be required by City
to perform all other services delineated in the Work Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum compensation
amount stipulated.
B3.01-6 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested
Misc. Architectural Services Page 31
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 PERCENTAGE OF CONSTRUCTION COST:
This is a percentage fee based on the Total Authorized Design Value of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03 The Total Authorized Design Value shall be used and identified in the Work Order as the basis for
establishing the compensatory fee for all phases identified as part of Basic Services.
B3.03 If the actual construction cost is increased during the construction phase, the "Actual Construction
Cost" shall be used as the basis for determining the fee for Construction Administration Phase if included
in Basic Services.
B3.03 The term "Actual Construction Cost" does not include any compensation to the Consultant, the
cost of the land, rights -of -way, works of art, permit fees or other costs which are the responsibility of the
City.
B3.03-2 Inclusive Fee
It is understood that with percentage compensation the Consultant shall perform all services for the stated
percentage of the construction cost budgeted when the contract is signed.
B3.03-3 Changes to Project Scope
If the City authorizes an increase or decrease in the scope of the Project or the Total Authorized Design
Value of the Project, the Base Fee will be adjusted accordingly, based on justification from the Wage
Rates or as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES:
The design of additive and deductive alternates contemplated as part of the original Scope for a Project as
authorized by the Director will be considered as part of Basic Services. The design of additive and
deductive alternates that are beyond the original Scope of Work and construction budget may be billed to
Misc. Architectural Services Page 32
City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined
above, as mutually agreed by the DIRECTOR and the Consultant.
B3.06 FEES FOR ADDJTIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.06 and B3.04
respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
which can be found on the City's Webpage at www.miamigov.com/capitalimprovements/pages/
ProcurementOpportunities.
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.
B3.06-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost.
B3.06-2 Procedure and Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultant's Competitive Negotiation Act, and other applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services the Consultant will apply the multiplier of one- (1.0) times the
amount expended by the Consultant.
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination. If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on
the City's Webpage at www.miamigov.com/Capitallmrrovements/pages/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
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
Misc. Architectural Services Page 33
B4.03 BILLING — HOURLY RATE
Invoices submitted by Consultant snail 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 and/or Additional 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 mall between the Consultant's various permanent offices. The Consultant's field
office at the Project site is not considered a permanent office.
B5.01-4 Reproduction, Photography
Misc. Architectural Services Page 34
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
B6A1 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.
Misc. Architectural Services Page 35
ATTACHMENT B- COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
Architeknics, Inc.
NAME
JOB CLASSIFICATION
NEGOTIATED
AVERAGE
HOURLY
RATE
ADJUSTED
AVERAGE HOURLY
RATE
(2.9 Multiplier Applied)
Lourdes Rodriguez, AIA
Principal
$55.00
$159.50
Ramon G. Perez-Alonso, R.A.
Principal
$55.00 $159.50
Edward C. Berounsky. R.A.
Principal
$55.00 $159.50
Lourdes Rodriguez
Project Manager
$38.75 $112.38
Ramon G. Perez-Alonso, R.A.
Project Manager
$38.75 $112.38
Edward C. Berounsky, R,A.
Project Manager
$38.75 $112.38
Lourdes Rodriguez
Architect
$40.00 $116.00
Ramon G. Perez-Alonso, R.A.
Architect
$40.00 $116.00
Edward C. Berounsky, R.A.
Architect
$40.00 $116.00
Federico Castillo
CAD
$17-$21 $49.30-$60.90
Sergio Perez
CAD
$17421 $49,30-$60.90
Basulto & Associates, Inc.
Rene 1. Basulto, P.E., LEED AP
Principal
$58.00 $168.20
Charles Yost
Professional Engineer
$38.00
$110.20
Mauricio Vargas, LEED AP
Professional Engineer
$38.00
$11020
Dorcas Toledo
CAD
$17-$21
$49.30-$60.90
Blanca Lindholm
CAD
$17-$21
$49.30-$60.90
CAP Engineering, Inc.
Adalberto Viciedo, P.E.
Senior Structural Engineer
$45.00
$130.50
Carlos del Pino, P.E.
Structural Engineer
$40.00
$116.00
Andrew Pierce, P.E.
Senior Civil Engineer
$48.00
$139.20
Guari Mascaro, P.E.
Civil Engineer
$25.00
$72.50
Laura Lierena & Associates, Inc.
Laura M. Llerena-Hernandez. ASLA
Principal
$44.17
$128.09
Jason Korose
Project Manager
$26.75
$77.58
Luis Rodriguez
CAD $17-$21 $49.3D-$60.90
Misc. Architectural Services
Page 36
CORPORATE RESOLUTION
WHEREAS, Architeknics, Inc. , Inc. desires to enter into an
agreementlamendment 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
DIRECTORS that the President
(type title of officer)
Lourdes Rodriquez, AIA , is hereby authorized
(type name of officer)
and instructed to enter into this agreementlamendment, 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 17
yof May ,2010
Corp: rate Secretary
(Corporate Seal)
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural Services (RFQ No. 08-09-063)
Contract Type Miscellaneous Projects
Consultant Ferguson Glasgow Schuster Soto, Inc.
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 5
3.01 PERFORMANCE AND DELEGATION 5
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 6
3.04 TIME FOR PERFORMANCE 6
ARTICLE4 SUBCONSULTANTS 6
4.01 GENERAL 6
4.02 SUBCONSULTANT RELATIONSHIPS 6
4.03 CHANGES TO SUBCONSULTANTS 6
ARTICLE 5 DEFAULT 6
5.01 GENERAL 6
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE6 TERMINATION OF AGREEMENT 7
6.01 CITY'S RIGHT TO TERMINATE 7
6.02 CONSULTANT'S RIGHT TO TERMINATE 7
6.03 TERMINATION DUET° UNDISCLOSED LOBBYIST OR AGENT 7
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 8
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE 9
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 10
10.01 AUDIT RIGHTS --- ..10
10.02 ENTIRE AGREEMENT 10
10.03 SUCCESSORS AND ASSIGNS 10
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10
10.06 NOTICES..... 71
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 11
10.09 PRIORITY OF PROVISIONS 11
10.10 MEDIATION - WAIVER OF JURY TRIAL 11
10.11 TIME 12
1.0 2DMP-LIANCEAVIT I J. 1i1VS -
i9
10.13 NO PARTNERSHIP 12
CIP Contract No. 09-2163F Page 1
Misc. Architectural Services
TABLE OF CONTENTS (CONTINUED)
10.14 DISCRETION OF DIRECTOR 12
10.15 RESOLUTION OF CONTRACT DISPUTES. 12
10.16 INDEPENDENT CONTRACTOR: 13
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL 17
A1.01 SCOPE OF SERVICES 17
A1.02 WORK ORDERS 17
ARTICLE A2 BASIC SERVICES 17
A2.01 DEVELOPMENT OF OBJECTIVES 18
A2.02 SCHEMATIC DESIGN 18
A2.03 DESIGN DEVELOPMENT 19
A2.04 CONSTRUCTION DOCUMENTS 19
A2.05 BIDDING AND AWARD OF CONTRACT 20
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 21
A2.07 DESIGN CRITERIA PROFESSIONAL 24
ARTICLE A3 ADDITIONAL SERVICES 25
A3.01 GENERAL 26
A3.03 ADDITIONAL DESIGN 26
ARTICLE A4 REIMBURSABLE EXPENSES 26
A4.01 GENERAL 26
A4.02 SUBCONSULTANT REIMBURSEMENTS 27
ARTICLE A5 CITY'S RESPONSIBILITIES 27
A5.01 PROJECT & SITE INFORMATION 27
A5.03 CONSTRUCTION MANAGEMENT 27
SCHEDULE Al. - SUB -CONSULTANTS 29
SCHEDULE A2. - KEY STAFF 29
ATTACHMENT B - COMPENSATION AND PAYMENTS 30
ARTICLE B.1 METHOD OF COMPENSATION 30
B1.01 COMPENSATION LIMITS 30
B1.02 CONSULTANT NOT TO EXCEED 30
ARTICLE B2 WAGE RATES 30
B2.01 FEE BASIS 30
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30
B2.03 MULTIPLIER 30
B2.04 CALCULATION 31
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 31
B2.06 ESCALATION 31
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 31
B3.01 LUMP SUM. 31
B3.02 HOURLY RATE FEES 32
B3.03 PERCENTAGE OF CONSTRUCTION COST: 32
B3.04 REIMBURSABLE EXPENSES 32
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: 32
B3.06 FEES FOR ADDITIONAL SERVICES 33
B3.07 PAYMENT EXCLUSIONS 33
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 33
ARTICLE B4 PAYMENTS TO THE CONSULTANT 33
B4.01 PAYMENTS GENERALLY 33
B4.02 FOR COMPREHENSIVE BASIC SERVICES 33
B4.03 BILLING - HOURLY RATE 34
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 34
B4.05 DEDUCTIONS 34
ARTICLE B5 REIMBURSABLE EXPENSES: 34
B5.01 GENERAL 34
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 35
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 35
B6.01 GENERAL 35
SCHEDULE B1 - WAGE RATES SUMMARY 36
Misc. Architectural Services Page 2
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Consultant
Consultant Office Location
City Authorization
Architectural Services (RFQ No. 08-09-063)
Miscellaneous Projects
Ferguson Glasgow Schuster Soto, Inc.
1500 Ponce de Leon Blvd., 1s` Floor
Coral Gables, FL 33134
City Code Section 18-87
This Agreement made thisCday of U-LiV .i in the year 2010 ("Agreement") by
and between the City of Miami, Florida, hereinafter called the "City," and Ferguson Glasgow
Schuster Soto, Inc., hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 08-09-063 on
December 18, 2009 for the provision of Architectural Services 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:
Misc. Architectural Services Page 3
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with
Florida Statutes and City Code.
1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by
reference and made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in 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 govemmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body and shall not be attributable in any manner to City as
a party to this Agreement. The City of Miami shall be referred to herein as "City'. For the purposes of this
Agreement, "City" without modification shall mean the City Manager.
1.08 Consultant 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.
1.09 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.
1.10 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.
1.11 inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of Work performed by a Contractor.
1.12 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.
1.13 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.
1.14 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.
1.15 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
Misc. Architectural Services Page 4
PROFESSIONAL SERVICES AGREEMENT
1.16 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of Toss for the City.
1.17 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.
1.18 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.
1.19 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.
1.20 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 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 option to extend the term for 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
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 shall the amount of
compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the
Agreement and any extension(s), unless explicitly approved by action of the City Commission 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.
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Florida Statute Chapter 218, Part Vll, Local Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If
Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be
submitted in accordance with 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 wilting by the City. Said approval shall not be
construed as cons —Rating an agreement between the City and said Other person or -firm.
Misc. Architectural Services Page 5
PROFESSIONAL SERVICES AGREEMENT
3.02 REMOVAL O1= UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or 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 will act reasonably in evaluating Key Staff
qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to
perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation.
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-occur-r-ence-of-a-default-hereunder
Misc. Architectural Services Page 6
PROFESSIONAL SERVICES AGREEMENT
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 returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not release
Consultant from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth In this Agreement or in any agreement it has with
the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the 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 turned over to the Director or designee. The
Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation
is turned over to Director or designee within ten (10) business days of termination. Failure to timely deliver
the documentation shall be cause to withhold any payments due without recourse by Consultant until all
documentation is delivered to the Director or designee.
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except
to retain the fees earned 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, individualorfirmT Otherthan- a "bona de
Misc. Architectural Services Page 7
PROFESSIONAL SERVICES AGREEMENT
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
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use, The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub -Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its
services hereunder. Records subject to the provisions of Public Record Law, 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 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-orthe-SUb-Consultants.—The Consultant shall-pay—all-claimsand iosses Or any nature
Misc. Architectural Services Page 8
PROFESSIONAL SERVICES AGREEMENT
whatsoever in connection therewith and shall defend all project related sults, in the name of the City when
applicable, and shall pay all costs, Including without limitation reasonable attomey's and appellate
attorney's fees, and judgments which may issue thereon. The Consultant's obligation under this
paragraph shall not be limited in any way by the agreed upon contract price, or the Consultants limit of, or
lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligence,
act, omission, recklessness or intentional wrongful conduct of the Consultants, its agents, servants, or
representatives.
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per AM. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement, The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall fumish 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 ail 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 $500,000 each
occurrence.
Misc. Architectural Services Page 9
PROFESSIONAL SERVICES AGREEMENT
9.03-5 SUB -CONSULTANT COMPLIANCE
Consultant shall ensure that all Sub -consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement
between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax retums
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
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 governed by the laws of the
State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this
Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own 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.
Misc. Architectural Services Page 10
PROFESSIONAL SERVICES AGREEMENT
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
For City of Miami:
Gary Fabrikant, Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2nd Ave., - 8th Floor
Miami, Florida 33130
For Consultant
Natividad Soto, President
1500 Ponce de Leon Blvd., 15i Floor
Coral Gables, FL 33134
305-443-7758
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 donflict 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.
Misc.Architectural Services Page 11
PROFESSIONAL SERVICES 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
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 pattern of non-compliance with
safety regulations is exhibited by Consultant.
10.12-3 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles 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.
Misc. Architectural Services Page 12
9
PROFESSIONAL SERVICES AGREEMENT
Consultant 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
(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
c;ontracter, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entted to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
Misc. Architectural Services Page 13
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST:
)71-11-412int,c,
/ Signature
jitit rnt e'LlAa-t h I/X(11A AC 'Mir/ I) /pep SO 70,
Prin ee, Title Print Name, Title of Authorized Officer or Official
Ferguson Glasgow Schuster Soto. Inc.,
Consultant
,,, , 6„.,....__
Signal e
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
(Corporate Seal)
T.
CITY OF MI I, a municipal corporation of the
State of Fio Ida
nscilla AT -Thompson, City Clerk goya, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
141 •
•
LeeAnn Brehm, Director
e4 Risk Management Department
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie O. Bru, City Attorney
Misc. Architectural Services Page 14
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
f 6vSo,J C,f•S604,-) S WvS7-&-i2 cS713 /k-E" , a corporation organized and existing under
the laws of the State of FL4ew. 4 , held on the 7 day of , .26/6 , a
resolution was duly passed and adopted authorizing (Name) N4V 0 740 //SoTo as
(Title) PEES 1,06107" of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
• IN WITNESS HE EO I have hereunto set my hand this 7, day of 1YMy
20/0 .
Secreta
Print: /Vf f, v/DOD. Son)
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, I have hereunto set my hand this , day of
20
Partner:
Print:
Name
Street Address
City
State
Zip
Misc. Architectural Services
Page 15
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, 1 (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 Fi0/Uiiii-
f� ) SS:
COUNTY OF Jli1'
M��h foregoing instrument. rway7 acknowied d beforme this 7 day of
, 20 t i� , by /v dt-t7 Q A'?) tS O� fire5 • , who is personally
known tome or who has produced Nf� as identification and who
(did / did not) take an oath.
E Q� • IL
TA SIGNATURE OFF NO NOTA Y PUBLIC
v`. Q. Notary Public State of Monde
Magdalena M Bevilacqua
C' Ak+v My C1 rnmlyolon Dn76281
. E[ %t8gPN.R SD OR TYP D
Misc. Architectural Services
Page 16
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural Services shall include, but are not limited to, complete planning and design services,
programming, feasibility studies, options evaluations, public meetings, irrigation, lighting, electrical,
landscaping, detailed facility assessments, cost estimates, opinions of probable construction cost,
preparation of bid and construction documents, review of work prepared by Sub -consultants and other
consultants, field investigations and observations, construction contract administration, as -built
documentation and other related architectural and engineering services as needed to complete the
Projects. Consultant shall provide Professional Architectural Services for the Project for which Consultant
was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive
Negotiations Act (CCNA).
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all
applicable law, building and environmental regulations, including the Florida Building Code and
the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further
enumerated in a Work Order. Consultant may be required to perform all or some of the services
presented in this Agreement, depending on the needs of the City for the Project. Consultant shall
fumish, as Basic Services, Comprehensive Architectural Professional Services for the Project.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CIP has determined that a Project or a specific phase of a Project is to proceed, the
Director or authorized designee will request in writing, a Work Order Proposal from the Consultant
based on the proposed Scope of Services provided to the Consultant in writing by the Director or
designee. The Consultant and Director or designee, and others if appropriate, may have
preliminary meetings, if warranted, to further define the Scope of Services and to resolve any
questions. The Consultant shall then prepare a Work Order Proposal following the format
provided by the City, indicating the proposed Scope of Services, time of performance, staffing,
proposed fees, Sub -Consultants, and deliverable items and/or documents.
The Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work
Order Proposal CIP will prepare a Work Order that will be reviewed by CIP staff and the Director
or designee. Upon approval CIP will issue a written Notice to Proceed subsequent to approval of
the Work Order by the Director or designee. The Director may also reject the Work Order
Proposal and request a Work Order Proposal from another consultant
It is understood that any Notice to Proceed for a Work Order will be issued under this Agreement
at the sole discretion of the Director and that the Consultant has no expectation, entitlement, right
to or privilege to receive a Notice to Proceed for any project or task. The City reserves at all times
the right to perform any and all Professional Services in-house, or with other private professional
architects or engineers as provided by Section 287.055, Florida Statutes, as •amended,
(Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or
tasks or to exercise every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special rights' to
any work required by the City. Outside of this Agreement, the Consultant may submit -proposals
and/or qualifications for any professional services which the Consultant is qualified to perform in
response to any public solicitation issued by City.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete Architectural Services as set forth in the tasks enumerated
hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City
of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified
personnel on the Work at all times to ensure Its performance as specified in the Agreement.
Misc. Architectural Services Page 17
Consultant shall submit one (1) electronic set of ati aocuments and seven (7) copies of documents
required under Article A2, without additional charge, for review and approval by City. Consultant shall not
proceed with the next task of The Work until the documents have been approved, in writing, by City, and
an Authorization to Proceed with the next task has been issued by City.
Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall
perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gather information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services furnished by the Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions,
and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable
for claims for delay costs, and any increased costs in construction, 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.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed
and constructed.
A2.01.2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of
City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the
requisite detail of design development required to begin the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and the
remaining items will be called Designs.
A2.01.3
Consultant shall prepare written descriptions of the various options and shall participate in
presentations to multiple groups explaining alternative options. Sufficient detail shall be provided
to support the presentation materials.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by City, a Design Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a Statement of
Probable Construction Cost, Project Development Schedule and•review of Constructability Review
reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City or Project Manager to show the scale and
relationship of the components and design concepts of the whole. The floor plans may be single -
line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be
provided to further show the design concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI)
format, to Include a summary of the estimated project cost and an evaluation of funding allocation.
Such summary shall be in sufficient detail to identify the costs of each element and include a
breakdown of the fees, general conditions and construction contingency. Such evaluation shall
comprise a brief description of the basis for estimated costs per each element and similar project
unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the
scope of the Project in order to bring the estimated costs within allocated funds, in the event that
the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update
its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement
Misc. Architectural Services Page 18
n
of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost
in Consultant's best judgment as a professional familiar with the local construction industry.
3. The Project Development Schedule shall show the proposed completion date of each task of the
Project through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design
stages deemed necessary by the Project Manager. Consultant shall provide five additional
deliverable plan sets for distribution, by City, to others for this purpose. There shall be an
established deadline for review report submission back to City. Consultant shall provide written
responses to all comments within two weeks and shall maintain files of all related review reports
and response reports. If necessary, City may coordinate Constructability Review meetings with
some or all of the reviewers with Consultant present to discuss specific issues. In addition to the
Constructability Review process mentioned above, City reserves the right to conduct a Peer
Review of the project documents at any design stage. Cost of such a Peer Review would be
borne by City. Any findings as a result of said Peer Review would be addressed by Consultant,
and if requested by City, would be incorporated into the design documents, at no additional cost to
City and no extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at
oral presentations, if requested, for approval by City, separate Design Development Documents, updated
Project Development Schedules, updated Statements of Probable Construction Costs and a review of
Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
and sections), outline specifications, and other documents.
2. Design Development consists of continued development and expansion of architectural and/or
civil Schematic Design Documents to establish the final scope, relationships, forms, size, and
appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone
of each Project through design, bidding, construction and proposed date of occupancy. Consultant
will also detail all long lead procurement items and architecturally significant equipment that will
need to be purchased prior to the completion of Construction Documents.
4. Provide updated Statements of Probable Construction Cost. If either statement of Probable
Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for
reducing the scope of that particular Project in order to bring the estimated costs within allocated
funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by
City, Final Construction Documents setting forth all design drawings and specifications needed to
comprise a fully biddable, permittable, constructible Project.
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval
by City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not
included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index
of all anticipated drawing sheets necessary to fully define the Project
Misc. Architectural Services Page 19
2. The updated 'Project 'Development Schedule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit City to award a Construction Contract within the
limit of the budgeted amount.
5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed. Documents submittal shall also include all sections of Divisions "0" and
"1 "
6. Consultant shall include, and will be paid for City -requested alternates outside of the established
Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in
connection with alternates required by the failure of Consultant to design the Project within the
Fixed Limit of Construction Cost,
7. Consultant shall not proceed with further construction document development until approval of the
30% documents is received in writing from City. Approval by City shall be for progress only and
does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to
other covenants contained in this Agreement. Consultant shall resolve all questions indicated on
the documents and make all changes to the documents necessary in response to the review
commentary. The 30% Documents review (check) set shall be returned to City upon submission
of 60% complete Construction Documents and Consultant shall provide an appropriate response
to all review comments noted on these previously submitted documents,
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document
Development, the City shall establish and communicate to the Consultant, a maximum sum for
the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for
bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate
of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the
contrary, the City may require the Consultant to revise and modify Construction Documents and
assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and
responsible bids received exceed ten (10%) percent of the Maximum Cost Limit.
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of building permits at the earliest practicable
time during the performance of the Work, for approval by City, County, State and/or Federal
authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to approval
by CIP of the final set and printing of the Construction Documents. The Consultant shall promptly,
at any time during the performance of the Work hereunder, advise the City of any substantial
increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of
the Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .plt, and .pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 Bid Documents Approvals and Printing
Upon obtaining all necessary approvals of the Construction Documents from authorities having
jurisdiction, and acceptance by the City of the 100% Construction Documents and latest
Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and
preparing and awarding the construction contract. The City, for bidding purposes, will have the bid
Misc. Architectural Services Page 20
documents printed, or at its own discretion, may authorize such printing as a reimbursable service
to the Consultant.
A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening
1: The City shall issue the Bid Documents to prospective bidders and keep a complete List of
Bidders.
2. The Consultant shall assist the City in the preparation of responses to questions if any are
required during the bidding period. All addendum or clarifications, or responses shall be
issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The
Consultant shall attend all any pre -bid meeting(s) and require attendance of Sub -Consultants
at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05-3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids
and the preparation of documents for Award of a contract. If the lowest responsive Base Bid
received exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project.
The Consultant shall, without additional compensation, modify the Construction Documents
as necessary to bring the Probable Construction Cost based on such revisions within the
Total Authorized Construction Budget. The City may exercise such option where the bid price
exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be
modified by the City and the Consultant prior to soliciting bids.
4. Suspend, cancel or abandon the Project.
NOTE: Under item 3 above the Consultant shall, without additional compensation, modify the
Construction Documents as necessary to bring the Probable Construction Cost within the budgeted
amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
The Construction Phase will begin with the issuance of the Notice to Proceed and will end when
the Consultant has provided to the City all post construction documents, including Contractor As -
Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and
Certificate(s) of Occupancy have been delivered to the City and the City approves the final
payment to the Consultant. During this period, the Consultant shall provide administration of the
construction contract as provided by this Agreement, and as provided by law.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and
consult with the City and shall have the authority to act on behalf of the City to the extent provided
in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2.06-3
The Consultant and respective shall visit the slte to conduct field observations, at a minimum on a
weekly basis, and at all key construction events to ascertain the progress of the Project, and shall
visit the site as appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Consultant shall provide any site visits necessary for certification if required by the authorities
having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost
to the City. The Consultant shall report on the progress the Work, including any defects and
Misc. Architectural Services Page 21
deficiencies that may be observed in the Work. The Constiitant and/or will not be required to
make extensive inspections or provide continuous daily on -site inspections to check the quality or
quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be
responsible for writing and distributing minutes of all meetings and field inspections report it is
asked to attend. Consultant and will not be held responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with
the Work. The Consultant will not be held responsible for the Contractor's or sub -contractors', or
any of their agents' or employees' failure to perform the work in accordance with the contract
unless such failure of performance results from the Consultant's acts or omissions.
A2.06-4
The Consultant shall furnish the City with a written report of all observations of the Work made by
Consultant and require all to do same during each visit to the Project. The Consultant shall also
note the general status and progress of the Work on forms furnished by the City. The Consultant
shall submit the reports In a timely manner. The Consultant and Sub -Consultant shall ascertain
that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the
Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies
of the field reports shall be attached to the monthly Professional Services payment request for
construction administration services. The Consultant's failure to provide written reports of all site
visits or minutes of meeting shall result in the rejection of payment requests and may result in a
proportional reduction in Construction Administration fees paid to the Consultant.
A2.06-5
1. Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due to the Contractor based on the pay for performance milestones
and shall recommend approval of such amount as appropriate. This recommendation shall
constitute a representation by the Consultant to the City that, to the best of the Consultant's
knowledge, information and belief, the Work has progressed to the point indicated and that,
the quality of the Work is in accordance with the contract and the Contractor is entitled to
amount stated on the requisition subject to: a detailed evaluation of the Work for conformance
with the contract upon substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting or as stated on
the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, which shall be
attached to the Contractor's Requisition. Such statement shall be prepared immediately following
the requisition field meeting and shall not be cause for delay in timely payment to the Contractor.
By recommending approval of a Payment Certificate, the Consultant shall not be deemed to
represent that the Consultant has made any examination to ascertain how and for what purpose
the Contractor has used money paid on account of the Construction Contract Sum.
A2.06-6
The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress of the Work upon written request of either the City or the
Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
A2.06-7
The Consultant shall have the authority to recommend rejection of Work which does not conform
to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will
Misc. Architectural Services Page 22
h
have the authority to recommend special inspection or testing of any Work deemed to be not in
accordance with the Contract, whether or not such Work has been fabricated and/or delivered to
the Project, or installed and completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project Manager
and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10)
calendar days from receipt of shop drawings, samples, RFI's or other submittals by the
Contractor, to return the shop drawings or submittals to the Contractor with comments indicating
either approval or disapproval. Consultant shall provide the Contractor with a detailed written
explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review
contractor payment applications to ensure the City complies with Florida Statute §218.70.
A2.06.9
The Consultant shall initiate and prepare required documentation for changes as required by the
Consultant's own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
A2.06-10
The Consultant shall examine the Work upon receipt of the Contractor's request for substantial
completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that
the Project is substantially complete in accordance with the contract requirements. The
Consultant shall in conjunction with representatives of the City and the Contractor prepare a
punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor
in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch -list the
Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to
the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all
items on the punch -list, all necessary close-out documentation from the Contractor including but
not limited to all guarantees, operating and maintenance manuals for equipment, releases of
liens/claims and such other documents and certificates as may be required by applicable codes,
law, and the contract, and deliver them to the City before final acceptance shall be issued to the
Contractor.
A2.06-11
The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with
its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of
any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and
systems and 3) final clean-up of the Project to assure a smooth transition from construction to
occupancy by the City.
A2.06-12
The Consultant shall review the Contractors "as built" drawings and submit them to the City upon
approval by the Consultant. The Contractor is responsible for preparing the "as built" drawings.
A2.06-13
The Consultant shall fumish to the City the original documents, including drawings, revised to "as -
built" conditions based on information furnished by the Contractor, survey, and specific condition.
In preparing the "Record Set" documents the Consultant shall rely on the accuracy of the
information provided by the Contractor, including the Contractor's record drawings. Any
certification required under this Agreement including the contents of "as -built" documents is
conditioned upon the accuracy of the information and documents provided by the construction
contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for
Information", substitution approvals, or other clarifications will be the Consultant's responsibility to
incorporate into the "Record Set" and record documents. Changes made in the field to suit field
Misc. Architectural Services Page 23
conditions, or otherwise made by the Contractor for its convenience, shall be marked by the
Contractor on the "Field Record Set" and transferred to the original contract documents by the
Consultant. The original documents, as weft as the 'Record Set" shall become the property of the
City. A reproducible set of all other final documents will be furnished to the City free of charge by
the Consultant. The Consultant shall furnish to the City one complete set of "Record Set
Drawings", in Auto CADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be fumished on 24" x 36" sheets and one electronic copy.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project.
A2.07 DESIGN CRITERIA PROFESSIONAL
The Design Criteria Professional shall include those services in accordance with Section 287.055 Florida
Statute and the following:
A. Bidding
1. Assist and make written recommendations to the City in the analysis of bids and in
determining the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve and/or disapprove all requests for substitution
by bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
document, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate alternatives presented from
the Design Builders for compliance with the Design Criteria Package.
3. The DCP shall monitor the Design -Builder's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews, monitoring approvals and making recommendations, as described
in Items 1 through 3 above, the DCP does not assume the Design -Build firm's contractual
responsibility and professional liability, in whole or in part, for any design and/or contract
documents prepared by the Design -Build A/E.
C. Design -Builder's Construction Phase
1. The DCP shall monitor that the Design -Build firm ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely manner substitution proposed by the
Design -Build firm, for conformance with the Design -Criteria and incorporate them into the
Design Criteria Package.
3. The DCP shall review the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
4. The DCP shall evaluate the material and/or workmanship for conformance with the
Design -Build Contract Document, evaluate quality control testing reports, advise the
Misc. Architectural Services Page 24
Design -Build firm and the City immediately of any unacceptable materials and
workmanship that the DCP may discover and ensure that the Design -Build firm take
appropriate action to remedy unacceptable conditions.
5. The DCP shall review design/construction schedules, Zook -ahead schedules, daily
reports, and meeting minutes from the Design -Build firm for potential issues that will
adversely impact the Project. The DCP will take the lead In the resolution of issues and
provide alternative solutions and recommendation to the City. The DCP will provide a bi-
weekly written report to the City's Project Manager.
6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its
findings and recommendations.
7. DCP shall approve or reject as applicable Design -Budd firm's applications for payment.
8. Upon notification from the Design -Build firm that the project is substantially complete
including, but not limited to, all Life Safety Standards, the DCP shall promptly do the
following:
• Conduct inspections to determine the date or dates of substantial completion of
the project. If the project is found substantially complete and in accordance with
the Design -Build Contract Document, the DCP shall then certify that to the best
of the DCP's knowledge and professional judgment that the Project has been
constructed in accordance with the Contract Documents, and shall furnish such
other documentation as required by applicable laws or regulations. If the project
is deemed to be not substantially complete, the DCP shall notify the Design -
Build firm and the City in writing of the deficiencies and shall verify the Design -
Build firm's corrections of the deficiencies, as required, and shall then certify as
stated above.
• Upon certification by the DCP that substantial completion has been achieved,
the City representatives, accompanied by the DCP, shall perform a substantial
completion inspection of the project. If deficiencies are still found, the DCP shall
assemble a punch list of comments from any participants representing the City
in the inspection and shall evaluate each comment to determine whether or not
they are part of the Construction Documents.
• The DCP shall provide to the Design -Build firm the City's official punch list,
which shall include all trades, within twenty (20) Calendar days, and shall verify
the correction of the punch list items. After the Design -Build firm correct all
punch list items, the DCP shall verify completion.
• If the DCP finds the project to be complete and acceptable, the DCP shall
obtain the City's approval to inform the Design -Build firm of acceptance and
commencement of warranty period. The DCP shall assist the City with respect
to the Final Completion and occupancy Inspection by Building Department.
• Upon final completion of the project, the DCP shall assist the City in closeout of
the project,: obtaining from the Design -Builder's NE all required submittal, such
as signed and seal as built drawings, warranties, final survey operation and
maintenance manuals, releases of claims, verification of punch list completion
by contractor, final Inspection and certificate of occupancy by Building
Department, completing any remaining contract change orders and review of
the final payment application. The DCP shall obtain from the Design -Builder's
A/E certification that, to the best of the NE knowledge and belief, no asbestos -
containing building material (ACBM) was specified for, or was used in the
construction of the project.
9. The DCP shall assist the City in the resolution of any disputes or claims that may arise
from between the City and the Design Build firm.
ARTICLE A3 ADDITIONAL SERVICES
Misc. Architectural Services Page 25
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are
normally considered to be beyond the scope of the Basic Services. Additional Services shall either be
Identified in a Work Order or shall be authorized by prior written approval of the Director or City
Manager and wit 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
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
A3.02-2
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-3
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's
personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, sub -contractor, or equipment manufacturer.
A3.02-4
Major Revisions: Making major revisions to drawings and specifications resulting in or from a change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by City and are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof),
A3.02-5
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, except in a claim brought by the Consultant against
the City.
A3.02-6
Miscellaneous: Any other services not otherwise included in this Agreement but customarily furnished
in accordance with generally accepted architectural/engineering practice related to construction.
A3.03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional services relating to the Project.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic
and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -
Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade,
Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this
Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement.
Misc. Architectural Services Page 26
a
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by
Program Manager.
A4.01-3
Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the Consultant.
A4.01-4
Surveys: Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4.02 SUBCONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
consultant's agreement provides for reimbursable expenses and when such agreement has been
previously approved, in writing, by the Director and subject to all budgetary limitations of City and
requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement, may furnish Consultant with
the information described below, or, if not readily available, may authorize Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of
existing structures, the grades and lines of street, pavement, and adjoining properties; the rights,
restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-2
Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City.
A5.01 -3
General Project Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2,02
A5.01-4
Existing Drawings: Drawings representing as -built conditions at the time of original construction,
subject to as -built availability. However, such drawings, if provided, are not warranted to represent
conditions as of the date of receipt. Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4
above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided Consultant has reviewed all such information to determine if
additional information and/or testing is required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-1
During construction, Consultant and the City staff shall assume the responsibilities described in the
general conditions and supplementary conditions of the construction contract relating to review and
approval of the construction work by the Contractor.
A5.03-2
Misc. Architectural Services Page 27
If City observes or otherwise" becomes aware ` f any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to
Consultant.
Misc. Architectural Services Page 28
SCHEDULE Al. - SUB -CONSULTANTS
Ferguson Glasgow Schuster Soto, Inc.
FIRM NAME
CONSULTING FIELD
Gartek Engineering Corporation
MEP Engineering
Douglas Wood & Associates, Inc.
Structural Engineering
Consulting Engineering & Science, Inc.
Civil & Coastal Engineering
Curtis + Rogers Design Studio
Landscape Architecture
SCHEDULE A2. - KEY STAFF
NAME
_ JOB CLASSIFICATION
Natividad Soto, AIA, LEED AP
Principal in Charge
Darrel Hoo
Project Manager
Emilio Bustillo, Assoc. AIA
Graduate Architect / Production Manager
Robert L. Betancourt, PE
Mechanical Engineer / Principal
Mel F. Garcia, PE
Electrical Engineer 1 Principal
Richard Bochnovich, PE
Civil Engineer / Principal
Nelson H. Ortiz, PE
Civil Engineer
Douglas Wood, PE
Structural Engineer / Principal
Robert Santiago, PE
Structural Engineer
Aida Curtis, ASLA
Principal
Espe Kelly, ASLA
Landscape Architect Designer/Project Manager
Misc. Architectural Services
Page 29
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 B3.02in Section and at the rates set forth in Section
c) A Percentage of Construction Cost, as defined in Section B3.03, solely with the written approval of
the Director
NOTE: The Lump Sum 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 intems,
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 multiplier of 2.9 for home office and 2.4 for field shall apply to
Consultant's hourly Wage Rates in calculating compensation payable by the City. Should the Consultant
have an approved multiplier with the State of Florida or Miami Dade County the City may elect to utilize of
these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover
Consultant employee benefits and Consultant's profit and overhead, including, without limitation, office
rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or
travel and subsistence not directly related to a Project.
Misc. Architectural Services Page 30
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job classifications, available
staff and projected man-hours required for the proper completion of tasks and/or groups of tasks,
milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement.
B2.06 ESCALATION
Where the services for construction administration Services exceed the time frame established in the
contractor's contract for completion of construction of the Project by more than ninety (90) days or where
the Director determines that extenuation circumstances exist, the hourly rates depicted in Schedule B1,
Certified Wage Rates, may be adjusted at the Consultant's request according to the Miami — Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying the ratio of the index in effect at that time divided by the
previous year's index by the hourly rate entries in the Wage Rate Schedule to determine the adjusted
Wage Rate Schedule. The maximum increase in any adjustment shall be limited to three percent (3%) in
any one year contractual period.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where all aspects of Work are
clearly defined, quantified and calculated.
B3.01-2 Guaranteed Maximum Lump Sum: shall be the total maximum fee amount payable by City
wherein certain aspects, tasks or allowances may not be defined, quantified and calculated at the time of
Work Order issuance. A Guaranteed Maximum Lump Sum compensation may represent a combination of
Fixed Fees for professional services and not to exceed allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is agreed upon as the "Base Fee" for Basic Services defined for a
project, payments to the Consultant shall be based on a percentage of the Base Fee according to the
Phase of the Work as indicated under Section 6.01.
B3.01-4 If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for
any Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect
by an amendment to the Work Order.
B3.01-5 It is understood that with Fixed Fee Lump Sum Compensation, the Consultant shall perform all
services for total compensation in the amount stated above. Under a Not to Exceed Lump Sum, the
Consultant shall perform all services that may comprise "Basic Services" but may not be required by City
to perform all other services delineated in the Work Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum compensation
amount stipulated.
B3.01-6 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested
Misc. Architectural Services Page 31
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 PERCENTAGE OF CONSTRUCTION COST:
This is a percentage fee based on the Total Authorized Design Value of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03 The Total Authorized Design Value shall be used and identified in the Work Order as the basis for
establishing the compensatory fee for all phases identified as part of Basic Services.
B3.03 If the actual construction cost is increased during the construction phase, the "Actual Construction
Cost" shall be used as the basis for determining the fee for Construction Administration Phase if included
in Basic Services.
B3.03 The term "Actual Construction Cost" does not include any compensation to the Consultant, the
cost of the land, rights -of -way, works of art, permit fees or other costs which are the responsibility of the
City.
B3.03-2 Inclusive Fee
It is understood that with percentage compensation the Consultant shall perform all services for the stated
percentage of the construction cost budgeted when the contract is signed.
B3.03-3 Changes to Project Scope
If the City authorizes an increase or decrease in the scope of the Project or the Total Authorized Design
Value of the Project, the Base Fee will be adjusted accordingly, based on justification from the Wage
Rates or as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not Include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized Invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES:
The design of additive and deductive altemates contemplated as part of the original Scope for a Project as
authorized by the Director will be considered as part of Basic Services. The design of additive and
deductive alternates that are beyond the original Scope of Work and construction budget may be billed to
Misc. Architectural Services Page 32
City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined
above, as mutually agreed by the DIRECTOR and the Consultant.
B3.06 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.06 and B3.04
respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
which can be found on the City's Webpage at www.miamigov.com/capitalimprovements/pages/
P rocu rem entO ppo rtu n iti e s ,
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.
B3.06-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost.
B3.06-2 Procedure and Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultant's Competitive Negotiation Act, and other applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project For all reimbursable services the Consultant will apply the multiplier of one- (1.0) times the
amount expended by the Consultant.
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination. If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on
the City's Webpage at www.miamigov.com/Capitallmprovements/pages/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
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
Misc. Architectural Services Page 33
B4.03 BILLING—11'0URLY RATE
Invoices submitted by Consultant shall be sufficiently detailed and accompanied by supporting
documentation to alfowforproper 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 and/or Additional 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 not considered a permanent office.
B5.01.4 Reproduction, Photography
Misc. Architectural Services Page 34
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.
Misc. Architectural Services Page 35
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE BI - WAGE RATES SUMMARY
Ferguson Glasgow Schuster Soto, inc.
NAME
JOB CLASSIFICATION -
NEGOTIATED
AVERAGE
HOURLY
RATE
ADJUSTED
AVERAGE HOURLY
RATE
(2.9MultiplierApplied)
Natividad Soto, AIA, LEED AP
Principal in Charge
$56.00
$162.40
TBD
Registered Architect
$32.65
$94.69
Darrel Hoc
Project Manager
$37.36
$108.34
Emilio Bustillo, Assoc. AIA
Graduate Architect /
Production Manager
$27.00
$78.30
Gartek Engineering Corporation
Mel F. Garcia
Principal
$61.00
$176.90
Robert Betancourt
Principal
$61.00
$176.90
Jose Fernandez
MEP Engineer
$38.00
$110.20
Jorge Cervantes/Rudy Area
MEP Engineer
$38.00
$110.20
Tito Alvarado
MEP Engineer
$38.00
$110.20
Julian Puerta
MEP Engineer
$38.00
$110.20
Daniel Betancourt
MEP Engineer
$38.00
$110.20
Douglas Wood & Associates, Inc.
Douglas Wood
Principal
$50.72
$147.09
Robert Santiago
Principal
$50.72
$147.09
Sandro Hadjez
Engineer
$34.86
$101.09
Consulting Engineering & Science, Inc.
Richard Bochnovich, P.E.
Principal
$50.00
$145.00
Nelson Ortiz
Project Manager
$45.00
$130.50
Gerardo Gonzalez/Ben Prewitt
Engineer
$32.21
$93.41
Curtis + Rogers Design Studio
Aida Curtis
Principal
$60.09
$174.26
Richard Rogers
Principal
$60.09
$174.26
Jean Lee
Project Landscape
Architect
$48.08
$139.43
Espe Kelly
Landscape Architect
Designer/ Project Manager
$37.74
$109.45
Jennifer Rogers
Landscape Architecture
Technician
$25.48
$73.89
Julio Persivale
Landscape Architecture
Technician
$21.88
$63.45
Ben Green
Graduate Landscape
Architect/Intern
$21.88
$63.45
Misc. Architectural Services
Page 36
ATTACHMENT B — COMPENSATION
Sarah Mercer
Graduate Landscape
Architect/Intern
$21.88
$63.45
Chris Johnson
Graduate Landscape
Architect/Intern
$21.88
$63,45
CAD Technician
(all disciplines)
CAD Technician
(all disciplines)
$17-$21
$49.30-$60.90
Misc. Architectural Services Page 37
CORPORATE RESOLUTION
WHEREAS, Ferguson Glasgow Schuster Soto, Inc. desires to enter into an
agreement/amendment 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
DIRECTORS that the President
(type title of officer)
Natividad Soto , 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 7th
day of
May
Corporate Secretary
(Corporate Seal)
, 2010 .
CERTIFICATION OF CORPORATE RESOLUTIONS
The undersigned, Natividad Soto, as Secretary of Ferguson Glasgow Schuster Soto, Inc.,
Architects Planners, does hereby certify that at a meeting held on July 9, 2004, the
following Resolutions were unanimously adopted:
RESOLVED that in accordance with Article IX — Executions
of the By -Laws of Ferguson Glasgow Schuster Soto, Inc., the
President shall have authority to sign corporate instruments
and documents.
There being no further business, the meeting was adjourned.
Natividad Soto, President
Secretary
::tor;jorate Seal -:
MINUTES OF DIRECTORS MEETING OF
FERGUSON GLASGOW SCHUSTER SOTO, INC.,
ARCHITECTS PLANNERS
A meeting of the Directors of Ferguson Glasgow Schuster Soto, Inc. was held on Friday
July 30, 2004 at the offices of Ferguson Glasgow Schuster Soto, Inc., 2801 Ponce de Leon
Boulevard, Suite 390, Coral Gables, FL 33134, pursuant to Waiver of Notice.
In attendance was the sole Director: Natividad Soto.
Natividad Soto was appointed as Chairman of the meeting and Natividad Soto was
appointed as Secretary of the meeting.
The purpose of the meeting was for the election of Officers.
Upon motion duly made and seconded, the following resolution was adopted:
RESOLVED, that the following individuals have been elected as Officers of the
Corporation:
Natividad Soto - President, Secretary and Treasurer
Natividad Soto, President
Natividad Soto; Secretary
CITY OF MIAM1
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural Services (RFQ No. 08-09-001)
Contract Type Miscellaneous Projects
Consultant Gill -McGraw Architects, LLP
• 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 5
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 6
4.01 GENERAL 6
4.02 SUBCONSULTANT RELATIONSHIPS 6
4.03 CHANGES TO SUBCONSULTANTS 6
ARTICLE 5 DEFAULT 7
5.01 GENERAL.. 7
5.02 CONDITIONS OF DEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE 6 TERMINATION OF AGREEMENT 7
6.01 CITY'S RIGHT TO TERMINATE 7
6.02 CONSULTANTS RIGHT TO TERMINATE 7
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 8
ARTICLE 7 DOCUMENTS AND RECORDS 5
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION g
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 8
7.05 MAINTENANCE OF RECORDS 8
ARTICLE 8 INDEMNIFICATION 9
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE g
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 10
10.03 SUCCESSORS AND ASSIGNS 10
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 90
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10
10.06 NOTICES 11
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 11
10.09 PRIORITY OF PROVISIONS 11
10.10 MEDIATION - WAIVER OF JURY TRIAL 11
10.11 TIME
12
10.12 COMP+ IANCE WITH LAWS
11
10.13 NO PARTNERSHIP 12
10.14 DISCRETION OF DIRECTOR 12
CIP Contract No, 08-2196G Page 1
TABLE OF CONTENTS (CONTINUED)
10.15 RESOLUTION OF CONTRACT DISPUTES- 12
10.16 INDEPENDENT CONTRAL7DR: 13
ATTACHMENT A - SCOPE OF WORK 17
ARTICLE Al GENERAL 17
A1.01 SCOPE OF SERVICES 17
A1.02 WORK ORDERS 17
ARTICLE AZ BASIC SERVICES 17
A2.01 DEVELOPMENT OF OBJECTIVES 18
A2.02 SCHEMATIC DESIGN 18
A2.03 DESIGN DEVELOPMENT 19
A2.04 CONSTRUCTION DOCUMENTS 19
A2.05 BIDDING AND AWARD OF CONTRACT 21
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 21
A2.07 DESIGN CRITERIA PROFESSIONAL 24
ARTICLE A3 ADDITIONAL SERVICES 26
A3.01 GENERAL 26
A3.03 ADDITIONAL DESIGN 26
ARTICLE A4 REIMBURSABLE EXPENSES 26
A4.01 GENERAL 26
A4.02 SUBCONSULTANT REIMBURSEMENTS 27
ARTICLE AS CITY'S RESPONSIBILITIES 27
A5.01 PROJECT & SITE INFORMATION 27
A5.03 CONSTRUCTION MANAGEMENT 28
SCHEDULE Al. SUB -CONSULTANTS 29
SCHEDULE A2. - KEY STAFF 29
ATTACHMENT 13 - COMPENSATION AND PAYMENTS 30
ARTICLE B.1 METHOD OF COMPENSATION 30
B1.01 COMPENSATION LIMITS 30
131.02 CONSULTANT NOT TO EXCEED 30
ARTICLE B2 WAGE RATES 30
B2.01 FEE BASIS 30
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30
B2.03 MULTIPLIER 30
B2.04 CALCULATION 31
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 31
B2.06 ESCALATION 31
ARTICLE 83 COMPUTATION OF FEES AND COMPENSATION. 31
133.01 LUMP SUM. 31
B3.02 HOURLY RATE FEES 32
63.03 PERCENTAGE OF CONSTRUCTION COST: 32
B3.04 REIMBURSABLE EXPENSES 32
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: 32
B3.06 FEES FOR ADDITIONAL SERVICES 33
B3.07 PAYMENT EXCLUSIONS 33
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 33
ARTICLE B4 PAYMENTS TO THE CONSULTANT 33
B4.01 PAYMENTS GENERALLY 33
B4.02 FOR COMPREHENSIVE BASIC SERVICES 33
134.03 BILLING - HOURLY RATE 34
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 34
B4.05 DEDUCTIONS 34
ARTICLE 85 REIMBURSABLE EXPENSES: 34
B5.01 GENERAL 34
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 35
ARTICLE 86 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 35
136.01 GENERAL 35
SCHEDULE B1 - WAGE RATES SUMMARY 36
CIP Contract No. 08-2196G Page 2
_ 4a111eeurra *
I:r'
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural Services (RFQ No. 08-09-001)
Contract Type Miscellaneous Projects
Consultant Giii-McGraw Architects, LLP
Consultant Office Location
4960 SW 72"d Avenue, Suite 403
Miami, FL 33155
City Authorization City Code Section 18-87
This Agreement made this 6 day of
in the year 2009 ("Agreement") by
and between the City of Miami, Florida, hereinafter called the "City," and Gili-McGraw
Architects, LLP, hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 08-09-001 on October
16, 2008 for the provision of Architectural Services 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,
Fiorida 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. 08-21950 Page 3
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance
with Florida Statutes and City Code.
1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by
reference and made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in 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 govemmental 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.
1.48 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.
1.09 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.
1.10 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.
1.11 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of Work performed by a Contractor.
9.12 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.
1.13 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.
1.14 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.
1.15 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
CIP Contract No. 00-2196G Page 4
PROFESSIONAL SERVICES AGREEMENT
abbreviated herein as it. titectural/ engineering 'services- or ''professional services", as applicable,
which are within this definition.
1.16 Risk Administrator means the City's Risk Management Administrator, or designee, or the
individual named by the City Manager to administer matters relating to insurance and risk of Toss for the
City.
1.17 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.
1.18 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.
1.19 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.
1.20 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 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 option to extend the term for 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
203-1 Compensation Limits
The amount of compensation payable by the City to Consultant shall generally be a lump sum or not
to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this
reference is incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the
Agreement and any extension(s), unless explicitly approved by action of the City Commission 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.
203-2 payments
Unless otherwise specifically provided in Attachment E, payment shall be made in accordance with
Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed, if
Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be
submitted in accordance with Section 112.061, Florida Statutes. Consultant shall utilize Attachment
°C" for the submission of invoices.
ARTICLE 3 PERFORNIANCE
CIP Contract No. QB-2196G Page 5
PROFESSIONAL SERVICES AGREEMENT
3.01 PERFORMANCE AND DELEGATION
The services to be performed hereunder shall be performed by the Consultant's own staff, unless
otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be
construed as constituting an agreement between the City and said other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or 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
StafP'. 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 will act reasonably in evaluating Key Staff
qualifications. Such acceptance shall not constitute any responsibility or liability for the individuai'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 or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant
for extra compensation.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Sub -Consultant, as defined in Article 1.18 is a firm that was identified as part of the
consulting team in the competitive selection process by which Consultant was chosen to perform the
services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto
and incorporated by reference.
4.01-2 A Specialty Sub -Consultant is a person or organization that has, with the consent of the
Director, entered into a written agreement with the Consultant to furnish unique and/or specialized
professional services necessary for a Project or task described under Additional Services. Such
Specialty Sub -Consultant shall be in addition to those identified in Schedule Al.
4.02 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 Criy 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.
CIP Contract No. 013-2196G Page 6
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 6 DEFAULT
6.01 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 returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not
release Consultant from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
6.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant falls 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 turned over to Director or designee within ten (10) business days of termination. Failure to timely
deliver the documentation shall be cause to withhold any payments due without recourse by Consultant
until all documentation is delivered to the Director or designee.
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except
to retain the fees earned 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
CIIt1ttMIMIIt tt mdyltave, or wlli, have against the tarry, its ofEials 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.
CIP Contract No. 08-2196G Page 7
PROFESSIONAL SERVICES AGREEMENT
6.03 TERMINATION DUE TO UNDISct.oseoI.OBBYIST 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
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the
Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City,
shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers
all such documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub -Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its
services hereunder. Records subject to the provisions of Public Record Law, 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,
CIP Contract No. 08-2196G Page 8
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 8 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and defend the City, its officials and employees harmless
from arty 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.
PARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) clays of written request.
9.03 FORMS OF COVERAGE
9.03.1 Comprehensive General Liability and Automobile Liability
Coverage shall have minimum limits of $1,000,000 per Occurrence, Combined single Limit Bodily
Injury Liability and Property Damage Liability. General Aggregated Limit shall have a minimum limit of
$2,000,000. This shall include Premises and Operations, Independent Contractors, Products and
Completed Operations, Broad Form Property Damage, XCU Coverage, and Contractual Liability.
Automobile coverage including hired, borrowed or non -owned autos, limits of Liability, Bodily Injury,
Damage Liability for any one accident $1,000,000. The City of Miami shall be named an additional
insured on both of these coverages.
9.03-2 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per occurrence, combined single limits, providing for
all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of
the services performed by the Consultant or any person employed by the Consultant in connection
with this Agreement. This insurance shall be maintained for at least one year after completion of the
construction and acceptance of any project covered by this Agreement.
9.03.3 WORKER'S COMPENSATION INSURANCE
The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes,
Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000 each
occurrence.
CIP Contract No. 08-2196G Page 9
PROFESSIONAL SERVICES AGREEMENT
9.03-4 SUB -CONSULTANT COMVMPL1ANCE
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) clay written notice to the Consultant in accordance with §10.06
herein. Consultant shall comply with such requests unless the insurance coverage is not then readily
available in the national market, and may request additional consideration from City accompanied by
justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish
copies of any records necessary, in the opinion of the Director, to approve any requests for payment by
the Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated
Agreement between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval_ •
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax retums
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives
and authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
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.
CIP Contract No. 08-2196G Page 10
PROFESSIONAL SERVICES AGREEMENT
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States Instil, 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 es the respective places for giving of notice:
For City of Miami:
Gary Fabrikant
Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S.W. 2"d Ave., - 8th Floor
Miami, Florida 33130
With a copy to:
David Mendez, Assistant Director
Department of Capital Improvements Program (CIP)
444 S.W. 2nd Ave., - 8th Floor
Miami, Florida 33130
For Consultant:
Ms. Cynthia Gili McGraw, Partner
Gili-McGraw Architects, LLP
4960 SW 72nd Avenue, Suite 403
Miami, FL 33155
305.663.1263
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 price 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
An 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,
CIP Contract No. OB-2196G Page 11
PROFESSIONAL SERVICES AGREEMENT
State of Florida. The parties wiN sprit the costs vi a cert ied 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 theproject(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 ail applicable
guidelines and standards in performing its duties, responsibilities, and obligations related to this
Agreement The Consultant represents and warrants that there shall be no unlawful discrimination as
provided by law in connection with the performance of this Agreement,
10.12-1 Non -Discrimination
City warrants and represents that it does not and will not engage in discriminatory practices and that
there shall be no discrimination in connection with Consultant's performance under this Agreement
on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant
further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement
10.12-2 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local laws, rules, regulations and ordinances. The City reserves the right to refuse Consultant access
to City property, including project jobsites, if Consultant employees are not properly equipped with
safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with
safety regulations is exhibited by Consultant.
10,12-3 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
& 11 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
CIP Contract No. 08-2196G Page 12
PROFESSIONAL SERVICES AGREEMENT
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.
Consultant 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 ii
applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement
of the dispute, accompanied by all supporting documentation, or a period of (90) days has
expired where City Manager's decision is subject to City Commission approval; or
(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 and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
CIP Contract No. 08-2196G
Page 13
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
S/A T: Gill -McGraw Architects, LIP, Consultant
ii,t)
at).
tVV y���Wv
t-Name,
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
Sign
re
A CILI
Pri Name, Title of Authorized Officer or O�f "ie 1 •
(Corporate Seal)
CITY ei .. MI, a municipal corporation of the
State a loride
scilia Thom n, City Clerk Y-k-1 ? edro G. Hernandez, P.E., City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
1
eeAnn Brehm, Director
Risk Management Department
CIP Contract No. 08-2196G
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie O. Bru, ,,: ttomey
Page 14
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, . a corporation organized and existing under
the laws of the State of , held on the day of a
resolutionwas duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _ , day of
20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Gill -McGraw Architects LLP , a partnership organized and existing under
the laws of the State of Florida , held on the 13 day of March , 20'09 , a
resolution was duly passed and adopted authorizing (Name) Cynthia Gil i McGraw as
(Tttte) Partner 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 13 , day of March
20 09
Partner:
Print
Names ai
resses of partners:
Name
Street Address
City
State
Zip
Cynthia G- McGraw
5Rf11 SW (Nth Pprrarp
Miami
Flnrida
3318E
J. Gary McGraw
5801 SW 99th Terrace
Miami
Florida
33186
CIP Contract No. 08-2196G
Page 15
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, 1 (Name) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of , 20
Signed:
Print:
NOTARIZATION
STATE OF \o f i e�
) SS:
COUNTY OF iConti Se,ob . )
The foregoing instrument was acknowledged before me this Y 3 day of
Mai i3.L, , 20 0 ° , by -3 dc.roi , who is personally
known to me or who has produced as identification and who
(did / di;not) take angpth.
SIGNURE Qfj NOTARY PUBLI
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
CIP Contract No. 08-2196G
Notary Public State of Florida
Mabelly Hernandez
My Commission DD859B55
cr of Expires 04/2812013
Page 16
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural Services shall include, but are not limited to, complete planning and design services,
programming, feasibility studies, options evaluations, public meetings, irrigation, lighting, electrical,
landscaping, detailed facility assessments, cost estimates, opinions of probable construction cost,
preparation of bid and construction documents, review of work prepared by Sub -consultants and other
consultants, field investigations and observations, construction contract administration, as -built
documentation and other related architectural and engineering services as needed to complete the
Projects. Consultant shall provide Professional Architectural Services for the Project for which Consultant
was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants'
Competitive Negotiations Act (CCNA).
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all
applicable law, building and environmental regulations, including the Florida Building Code and
- the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further
enumerated in a Work Order. Consultant may be required to perform all or some of the services.
presented in this Agreement, depending on the needs of the City for the Project. Consultant shall
furnish, as Basic Services, Comprehensive Architectural Professional Services for the Project.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CiP has determined that a Project or a specific phase of a Project is to proceed, the
Director or authorized designee will request in writing, a Work Order Proposal from the
Consultant based on the proposed Scope of Services provided to the Consultant in writing by the
Director or designee. The Consultant and Director or designee, and others if appropriate, may
have preliminary meetings, if warranted, to further define the Scope of Services and to resolve
any quesfions. The Consultant shall then prepare a Work Order Proposal following the format
provided by the City, indicating the proposed Scope of Services, time of performance, staffing,
proposed fees, Sub -Consultants, and deliverable items and/or documents.
The Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work
Order Proposal CIP will prepare a Work Order that will be reviewed by CIP staff and the Director
or designee. Upon approval CIP will issue a written Notice to Proceed subsequent to approval of
the Work Order by the Director or designee. The Director may also reject the Work Order
Proposal and request a Work Order Proposal from another consultant.
It is understood that any Notice to Proceed for a Work Order will be issued under this Agreement
at the sole discretion of the Director and that the Consultant has no expectation, entitlement, right
to or privilege to receive a Notice to Proceed for any project or task. The City reserves at all
times the right to perform any and all Professional Services in-house, or with other private
professional architects or engineers as provided by Section 287.055, Florida Statutes, as
amended, (Consultants' Competitive Negotiation Act) or to discontinue or withdraw any or all
projects or tasks or to exercise every other choice allowed by law,
This Agreement does not confer on the Consultant any particular, exclusive or special rights to
any work required by the City, Outside of this Agreement, the Consultant may submit proposals
and/or qualifications for any professional services which the Consultant is qualified to perform in
response to any public solicitation issued by City.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete Architectural Services as set forth in the tasks enumerated
hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City
CIP Contract No. 08-2196G Page 17
of Miami, Florida, taws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified
personnel on the Work at all times to ensure its performance as specified in the Agreement.
Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents
required under Article A2, without additional charge, for review and approval by City. Consultant shall not
proceed with the next task of the Work until the documents have been approved, in writing, by City, and
an Authorization to Proceed with the next task has been issued by City.
Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall
perform all {Mork in compliance with Florida Administrative Code Rule 61G15-19,001(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gather information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services furnished by the Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions,
and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be
liable for claims for delay costs, and any increased costs in construction, 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.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed
and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives of
City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the
requisite detail of design development required to begin the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and the
remaining Items will be called Designs.
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in
presentations to multiple groups explaining alternative options. Sufficient detail shall be provided
to support the presentation materials.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by City, a Design Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a Statement
of Probable Construction Cost, Project Development Schedule and review of Constructability
Review reports.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City or Project Manager to show the scale and
relationship of the components and design concepts of the whole. The floor plans may be single -
line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be
provided to further show the design concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI)
format, to include a summary of the estimated project cost and an evaluation of funding
allocation. Such summary shall be in sufficient detail to identify the costs of each element and
include a breakdown of the fees, general conditions and construction contingency. Such
evaluation shall comprise a brief description of the basis for estimated costs per each element
and similar project unit costs. Costs shall be adjusted to the projected bid date.
ClP Contract No. 08-2196G Page 18
Recommendations for reducing the scope of 'the Project in order to bring the estimated costs
within allocated funds, in the event that the statement of Probable Construction Costs exceeds
allocated funds, Consultant shall update its documentation, at no additional cost to the City, to
reflect this reduced scope. Any "Statement of Probable Construction Costs" prepared by
Consultant represents a reasonable estimate of cost in Consultant's best judgment as a
professional familiar with the local construction industry.
3. The Project Development Schedule shall show the proposed completion date of each task of the
Project through design, bidding, and post design services.
4. Constructability Review reports shall be conducted by the City and/or its consultants at design
stages deemed necessary by the Project Manager. Consultant shall provide five additional
deliverable plan sets for distribution, by City, to others for this purpose. There shall be an
established deadline for review report submission back to City. Consultant shall provide written
responses to all comments within two weeks and shall maintain files of all related review reports
and response reports. if necessary, City may coordinate Constructability Review meetings with
some or all of the reviewers with Consultant present to discuss specific issues. In addition to the
Constructability Review process mentioned above, City reserves the right to conduct a Peer
Review of the project documents at any design stage. Cost of such a Peer Review would be
borne by City. Any findings as a result of said Peer Review would be addressed by Consultant,
and if requested by City, would be incorporated into the design documents, at no additional cost
to City and no extension of time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at
oral presentations, if requested, for approval by City, separate Design Development Documents, updated
Project Development Schedules, updated Statements of Probable Construction Costs and a review of
Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
sections), outline specifications, and other documents,
2. Design Development consists of continued development and expansion of architectural and/or
civil Schematic Design Documents to establish the final scope, relationships, forms, size, and
appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone
of each Project through design, bidding, construction and proposed date of occupancy. Consultant
will also detail all long lead procurement items and architecturally significant equipment that will
need to be purchased prior to the completion of Construction Documents.
4. Provide updated Statements of Probable Construction Cost. If either statement of Probable
Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for
reducing the scope of that particular Project in order to bring the estimated costs within allocated
funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by
City, Final Construction Documents setting forth all design drawings and specifications needed to
comprise a fully biddable, permittable, constructible Project.
CIP Contract No, O8-2196G Page 19
Consultant shaatl produce 30%, 80%0, 90% and final Construction Documents for review and approval
by City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings
not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an
index of all anticipated drawing sheets necessary to fully define the Project.
2. The updated Project Development Schedule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CS1 format.
4. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit City to award a Construction Contract within the
limit of the budgeted amount.
a. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Spermcations completed. Documents submittal shall also include all sections of Divisions "0"
and "1".
6. Consultant shall include, and will be paid for, City -requested alternates outside of the established
Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in
connection with alternates required by the failure of Consultant to design the Project within the
Fixed Limit of Construction Cost.
7. Consultant shall not proceed with further construction document development until approval of
the 30% documents is received in writing from City. Approval by City shall be for progress only
and does not relieve Consultant of its responsibilities and liabilities relative to code compliance
and to other covenants contained in this Agreement. Consultant shall resolve ail questions
indicated on the documents and make all changes to the documents necessary in response to
the review commentary. The 30% Documents review (check) set shall be returned to City upon
submission of 60% complete Construction Documents and Consultant shall provide an
.appropriate response to all review comments noted on these previously submitted documents.
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document
Development, the City shall establish and communicate to the Consultant, a maximum sum for
the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for
bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate
of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the
contrary, the City may require the Consultant to revise and modify Construction Documents and
assist in the re -bidding of the Work at no additional Cost or fee to the City if all responsive and
responsible bids received exceed ten (10%) percent of the Maximum Cost Limit.
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of building permits at the earliest practicable
time during the performance of the Work, for approval by City, County, State and/or Federal
authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to
approval by CIP of the final set and printing of the Construction Documents. The Consultant shall
promptly, at any time during the performance of the Work hereunder, advise the City of any
substantial increases in costs set forth in the Statement of Probable Construction Cost that in the
opinion of the Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .pit, and .pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
CIP Contract No. 08 2196G Page 20
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05.1 Bid Documents Approvals and Printing
Upon obtaining all necessary approvals of the Construction Documents from authorities having
jurisdiction, and acceptance by the City of the 100% Construction Documents and latest
Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids
and preparing and awarding the construction contract. The City, for bidding purposes, will have
the bid documents printed, or at its own discretion, may authorize such printing as a reimbursable
service to the Consultant.
A2.05-2 issuance of Bid Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of
Bidders.
2. The Consultant shall assist the City in the preparation of responses to questions if any are
required during the bidding period. All addendum or clarifications, or responses shall be
issued by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The
Consultant shall attend all any pre -bid meeting(s) and require attendance of Sub -Consultants
at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05-3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids
and the preparation of documents for Award of a contract. If the lowest responsive Base Bid
received exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract
2. Reject all bids and rebid the Project within a reasonable time with no change in the Project
or additional compensation to the Consultant;
3. Direct the Consultant to revise the scope andlor quality of construction, and rebid the Project.
The Consultant shall, without additional compensation, modify the Construction Documents
as necessary to bring the Probable Construction Cost based on such revisions within the
Total Authorized Construction Budget. The City may exercise such option where the bid price
exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be
modified by the City and the Consultant prior to soliciting bids.
4. Suspend, cancel or abandon the Project
NOTE: Under item 3 above the Consultant shall, without additional compensation, modify the
Construction Documents as necessary to bring the Probable Construction Cost within the budgeted
amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1
The Construction Phase will begin with the award of the construction contract and will end when
the Consultant has provided to the City all post construction documents, including Contractor As -
Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and
Certificate(s) of Occupancy have been delivered to the City and the City approves the final
payment to the Consultant During this period, the Consultant shall provide administration of the
construction contract as provided by this Agreement, and as provided by law.
A2.06-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and
consult with the City and shall have the authority to act on behalf of the City to the extent
provided in the General Conditions and the Supplementary Conditions of the construction
contract and their Agreement with the City.
A2.06-3
CIP Contract No. O8-2196G Page 21
The Consultant and respective shalt visit the site*" conduct field observations, at a minimum on a
weekly basis, and at all key construction events to ascertain the progress of the Project, and shall
visit the site as appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Consultant shall provide any site visits necessary for certification if required by the
authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no
additional cost to the City. The Consultant shall report on the progress the Work, including any
defects and deficiencies that may be observed in the Work. The Consultant and/or will not be
required to make extensive inspections or provide continuous daily on -site inspections to check
the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant
will be responsible for writing and distributing minutes of all meetings and field inspections report
it is asked to attend. Consultant and wilt not be held responsible for construction means,
methods, techniques, sequences, or procedures, or for safety precautions and programs in
connection with the Work. The Consultant will not be held responsible for the Contractor's or sub-
contractors', or any of their agents' or employees' failure to perform the work in accordance with
the contract unless such failure of performance results from the Consultant's acts or omissions.
A2.06-4
The Consultant shall furnish the City with a written report of all observations of the Work made
by Consultant and require all to do same during each visit to the Project. The Consultant shall
also note the general status and progress of the Work on forms furnished by the City. The
Consultant shall submit the reports in a timely manner. The Consultant and Sub -Consultant shall
ascertain that the Work is acceptable to the City. Consultant shall assist the City in ensuring that
the Contractor is making timely, accurate, and complete notations on the "as -built" drawings.
Copies of the field reports shall be attached to the monthly Professional Services payment
request for construction administration services, The Consultant's failure to provide written
reports of all site visits or minutes of meeting shall result in the rejection of payment requests
and may result in a proportional reduction in Construction Administration fees paid to the
Consultant
A2.06-5
1. Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due to the Contractor based on the pay for performance milestones
and shall recommend approval of such amount as appropriate, This recommendation shall
constitute a representation by the Consultant to the City that, to the best of the Consultant's
knowledge, information and belief, the Work has progressedto the point indicated and that,
the quality of the Work is in accordance with the contract and the Contractor is entitled to
amount stated on the requisition subject to: a detailed evaluation of the Work for
conformance with the contract upon substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting or as stated on
the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, which shall be
attached to the Contractor's Requisition. Such statement shall be prepared immediately following
the requisition field meeting and shall not be cause for delay in timely payment to the Contractor.
By recommending approval of a Payment Certificate, the Consultant shall not be deemed to
represent that the Consultant has made any examination to ascertain how and for what purpose
the Contractor has used money paid on account of the Construction Contract Sum.
A2.06-6
The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress of the Work upon written request of either the City or the
- Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
GIP Contract No. 08-2196G
Page 22
claims, disputes and therm-atte,b in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
A2.067
The Consultant shall have the authority to recommend rejection of Work which does not conform
to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will
have the authority to recommend special inspection or testing of any Work deemed to be not in
accordance with the Contract, whether or not such Work has been fabricated and/or delivered to
the Project, or installed and completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project
Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten
(10) calendar days from receipt of shop drawings, samples, RFI's or other submittals by the
Contractor, to return the shop drawings or submittals to the Contractor with comments indicating
either approval or disapproval. Consultant shall provide the Contractor with a detailed written
explanation as to the basis for rejection.
A2.06-9
The Consultant shall initiate and prepare required documentation for changes as required by the
Consultant's own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
A2.06-10
The Consultant shall examine the Work upon receipt of the Contractor's request for substantial
completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that
the Project is substantially complete in accordance with the contract requirements. The
Consultant shall in conjunction with representatives of the City and the Contractor prepare a
punch -list of any defects and discrepancies in the Work required to be corrected by the
Contractor in accordance with Florida Statute 218.735. Upon satisfactory completion of the
punch -list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and
final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory
completion of all items on the punch -list, all necessary close-out documentation from the
Contractor including but not limited to all guarantees, operating and maintenance manuals for
equipment, releases of liens/claims and such other documents and certificates as may be
required by applicable codes, law, and the contract, and deliver them to the City before final
acceptance shall be issued to the Contractor.
A2.06-11
The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance
with Its contract relative to i) initial instruction of City's personnel in the operation and
maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing
of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from
construction to occupancy by the City.
A2.06-12
The Consultant shall review the Contractor's "as built" drawings and submit them to the City upon
approval by the Consultant. The Contractor is responsible for preparing the "as built" drawings.
A2.06-13
CIP Contract No. 08-2196G
Page 23
The Consultant shalt furnish to the City the original documents, including drawings, revised to
"as -built" conditions based on information fumished by the Contractor; survey, and specific
condition. In preparing the "Record Set" documents the Consultant shall rely on the accuracy of
the information provided by the Contractor, including the Contractor's record drawings. Any
certification required under this Agreement including the contents of "as -built" documents is
conditioned upon the accuracy of the information and documents provided by the construction
contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for
Information", substitution approvals, or other clarifications will be the Consultant's responsibility to
incorporate into the "Record Set" and record documents. Changes made in the field to suit field
conditions, or otherwise made by the Contractor for its convenience, shall be marked by the
Contractor on the "Field Record Set" and transferred to the original contract documents by the
Consultant. The original documents, as well as the "Record Set" shall become the property of the
City. A reproducible set of all other final documents will be fumished to the City free of charge by
the Consultant The Consultant shall fumish to the City one complete set of "Record Set
Drawings", in Auto GADD Version 2000 or such other format acceptable to the City.
A2.06-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project
A2.07 DESIGN CRITERIA PROFESSIONAL
The Design Criteria Professional shall include those services in accordance with Section 287.055 Florida
Statute and the following:
A. Bi. ddrng
1. Assist and make written recommendations to the City in the analysis of bids and in
determining the lowest responsive bidder.
2. Attend pre -proposal conference.
3. Assist in responding to bidders' inquiries.
4. The DCP shall review, evaluate, approve andlor disapprove all requests for substitution
by bidders for conformance with the Design Criteria.
B. Design Phase
1. The DCP shall review and approve all submittals of the Design -Build firm Construction
Documents, including but not limited to 30% CD, 60%CD and 100% construction
document, to ensure consistency of Design Criteria Package.
2. The DCP shall respond to all inquires and evaluate alternatives presented from
the Design Builders for compliance with the Design Criteria Package.
3. The DCP shall monitor the Design -Builder's submittals and subsequent approvals by
Building Department and other permitting agencies and utility companies having
jurisdiction over the project.
4. By performing reviews, monitoring approvals and making recommendations, as
described in items 1 through 3 above, the DCP does not assume the Design -Build firm's
contractual responsibility and professional liability, in whole or in part, for any design
andlor contract documents prepared by the Design -Build AIE.
C. Design -Builder's Construction Phase
CIP Contract No. 08-2196G Page 24
1. The DCP shall monitor that the Design -Build firm ascertain compliance with the Design
Criteria Package and all approved submittals.
2. The DCP shall review and evaluate in a timely manner substitution proposed by the
Design -Build firm, for conformance with the Design -Criteria and incorporate them into the
Design Criteria Paokage.
3. The DCP shall review the Design -Build firm's submittals such as samples, schedules,
shop drawings and other submissions for conformance with the Design Criteria Package.
4. The DCP shall evaluate the material and/or workmanship for conformance with the
Design -Build Contract Document, evaluate quality control testing reports, advise the
Design -Build firm and the City immediately of any unacceptable materials and
workmanship that the DCP may discover and ensure that the Design -Build firm take
appropriate action to remedy unacceptable conditions.
5. The DCP shall review design/construction schedules, cook -ahead schedules, daily
reports, and meeting minutes from the Design -Build firm for potential issues that will
adversely impact the Project. The DCP will take the lead in the resolution of issues and
provide alternative solutions and recommendation to the City. The DCP will provide a bi-
weekly written report to the City's Project Manager.
6. The DCP shall visit the site bi-weekly, at a minimum and provide a written report with its
findings and recommendations.
7. DCP shall approve or reject as applicable Design -Build firrn's applications for payment.
8. Upon notification from the Design -Build firm that the project is substantially complete
including, but not limited to, all Life Safety Standards, the DCP shall promptly do the
following:
• Conduct inspections to determine the date or dates of substantial completion of
the project, if the project is found substantially complete and in accordance
with the Design -Build Contract Document, the DCP shall then certify that to the
best of the DCP's knowledge and professional judgment that the Project has
been constructed in accordance with the Contract Documents, and shall
furnish such other documentation as required by applicable laws or
regulations. If the project is deemed to be not substantially complete, the DCP
shall notify the Design -Build firm and the City in writing of the deficiencies and
shall verify the Design -Build firm's corrections of the deficiencies, as required,
and shall then certify as stated above.
• Upon certification by the DCP that substantial completion has been achieved,
the City representatives, accompanied by the DCP, shall perform a substantial
completion inspection of the project. If deficiencies are still found, the DCP
shall assemble a punch list of comments from any participants representing the
City in the inspection and shall evaluate each comment to determine whether
or not they are part of the Construction Documents.
• The DCP shall provide to the Design -Build firm the City's official punch list,
which shall include all trades, within twenty (20) Calendar days, and shall verify
the correction of the punch list items. After the Design -Build firm correct all
punch list items, the DCP shall verify completion.
• If the DCP finds the project to be complete and acceptable, the DCP shall
obtain the City's approval to inform the Design -Build firm of acceptance and
commencement of warranty period. The DCP shall assist the City with respect
to the Final Completion and occupancy Inspection by Building Department
• Upon final completion of the project, the DCP shall assist the City in closeout of
the project,: obtaining from the Design -Builder's A/E all required submittal,
such as signed and seal as built drawings, warranties, final survey operation
CiP Contract No. 08-2196G Page 25
and maintenance manuals, releases of claims, verification of punch list
completion by contractor, final inspection and certificate of occupancy by
Building Oepattmeilt, completing any remaining contract change orders and
review of the final payment application. The DCP shall obtain from the Design -
Builder's A/E certification that, to the best of the A/E knowledge and belief, no
asbestos -containing building material (ACBM) was specified for, or was used
in the construction of the project.
9. The DCP shall assist the City in the resolution of any disputes or claims that may arise
from between the City and the Design Build firm.
ARTICLE A3 ADDITIONAL SERVICES
A3.01 GENERAL
Services categorized below as 'Additional Services" may be specified and authorized by City and are
normally considered to be beyond the scope of the Basic Services. Additional Services shall either be
identified in a Work Order or shall be authorized by prior written approval of the Director or City
Manager and will be compensated for as provided in Attachment B, Section B3.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are hot limited
to the following:
A3.02-1
Appraisals: investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
A3.02-2
Specie Design: Any additional special professional services not included in the Scope of Work.
A3.02-3
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of
City's personnel in operation and maintenance of equipment and systems, and consultation during
such training; and preparation of operating and maintenance manuals, other than those provided by
the Contractor, sub -contractor, or equipment manufacturer.
A3.02-4
Maior Revisions: Making major revisions to drawings and specifications resulting in or from a change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by City and are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-5
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, except in a claim brought by the Consultant against
the city.
A3.02-6
(Miscellaneous: Any other services not otherwise included in this Agreement but customarily
furnished in accordance with generally accepted architectural/engineering practice related to
construction.
A3,03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional services relating to the Project.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
CIP Contract No. 08-2198G Page 26
Reimbursable Expenses cover those services and items authorized by City in addition to the Basic
and Additional Services and consist of actual, direct expenditures made by Consultant and the Sub -
Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade,
Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this
Agreement.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
A4.01-2
Reproduction Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement.
Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by
Program Manager.
A4.01-3
Permit Fees: All Permit fees paid to regulatory. agencies for approvals directly attributable to the
Project. These permit fees do not include those permits required to be paid by the Consultant.
A4.01-4
Surveys; Site surveys and special purpose surveys when pre -authorized by the Program Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4,02 SUBCONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
consultant's agreement provides for reimbursable expenses and when such agreement has been
previously approved, in writing, by the Director and subject to all budgetary limitations of City and
requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement, may furnish Consultant with
the information described below, or, if not readily available, may authorize Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of
existing structures, the grades and lines of street, pavement, and adjoining properties; the rights,
restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-2
Soil Borings, Geotecl)nical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City.
A5.01-3
General Project Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.02
A5.01.4
Existing Drawinas: f)rawingc representing as -built conditions at the time of original construction,
subject to as -built availability. However, such drawings, if provided, are not warranted to represent
conditions as of the date of receipt. Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
CIP Contract No. 08-2196G Page 27
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4
above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the
accuracy and completeness thereof, provided Consultant has reviewed all such information to
determine if additional information and/or testing is required to properly design the Project.
A5.03 CONSTRUCTION MANAGEMENT
A5.03-1
During construction, Consultant and the City staff shall assume the responsibilities described in the
general conditions and supplementary conditions of the construction contract relating to review and
approval of the construction work by the Contractor.
A5.03-2
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to
Consultant.
CIP Contract No. 08-2196G Page 28
SCHEDULE Al. SUB -CONSULTANTS
FIRM NAME
CONSULTING FIELD
Brill, Rodriguez, Sales & Associates, Inc.
Structural Engineering
Basulto and Associates, Inc.
MEP Engineering
Rosenberg Gardner Design
Landscape Architecture
ES Consultants, Inc.
Civil Engineering
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
J. Gary McGraw
Project Manager/Partner
Cynthia Gili McGraw
Project Designer/Partner
Nelson A. Perez
Project Architect/Production Coordinator
CIP Contract No. O8-2196G Page 29
ATTACHMENT e — COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B.1 METHOD OF COMPENSATION
The fees for Profession& Services for each Work Order shall be determined by one of the following
methods or a combination theteof, at the option of the Director or designee, with the consent of the
Consultant
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate, as defined B3.02in Section and at the rates set forth in Section
c) A Percentage of Construction Cost, as defined in Section B3.03, solely with the written approval
of the Director
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 FEET 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 multiplier of 2.9 for home office and 2.4 for field shall apply to
Consultant's hourly Wage Rates in calculating compensation payable by the City. Should the Consultant
have an approved multiplier with the State of Florida or Miami Dade County the City may elect to utilize of
these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover
Consultant employee benefits and Consultant's profit and overhead, including, without limitation, office
rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, stenographic, administrative and clerical support, other employee time
or travel and subsistence not directly related to a Project.
CIP Contract No. 08-2196G Page 30
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job classifications,
available staff and projected man-hours required for the proper completion of tasks and/or groups of
tasks, milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
•
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick
leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment
benefits) and an overhead factor. Failure to comply with this section shall be cause for cancellation of
this Agreement
B2.06 ESCALATION
Where the services for construction administration Services exceed the time frame established in the
contractor's contract for completion of construction of the Project by more than ninety (90) days or where
the Director determines that extenuation circumstances exist, the hourly rates depicted in Schedule B1,
Certified Wage Rates, may be adjusted at the Consultant's request according to the Miami — Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying the ratio of the index in effect at that time divided by
the previous year's index by the hourly rate entries in the Wage Rate Schedule to determine the adjusted
Wage Rate Schedule. The maximum increase in any adjustment shall be limited to three percent (3%) in
any one year Contractual period.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where all aspects of Work are
clearly defined, quantified and calculated.
63.01-2 Guaranteed Maximum Lump Sum: shall be the total maximum fee amount payable by City
wherein certain aspects, tasks or allowances may not be defined, quantified and calculated at the time of
Work Order issuance. A Guaranteed Maximum Lump Sum compensation may represent a combination of
Fixed Fees for professional services and not to exceed allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is agreed upon as the "Base Fee" for Basic Services defined for a
project, payments to the Consultant shall be based on a percentage of the Base Fee according to the
Phase of the Work as indicated under Section 6.01.
B3.01-4 If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for
any Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect
by an amendment to the Work Order.
B3.01-5 It is understood that with Fixed Fee Lump Sum Compensation, the Consultant shall perform all
services for total compensation in the amount stated above. Under a Not to Exceed Lump Sum, the
Consultant shall perform all services that may comprise "Basic Services" but may not be required by City
to perform all other services delineated in the Work Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum compensation
amount stipulated.
CIP Contract No. 0$-2196G
Page 31
B3.01-6 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested
Lump Sum compensation. Sucti verification shall present sufficient information as depicted in Schedule
A2.
B3.02 HOURLY RATE FEES
133.02.1 Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees
identified in Schedule Bi Wage Rates. All hourly rate fees will include a maximum not to exceed figure,
inclusive of all costs expressed in the contract 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.
83.03 PERCENTAGE OF CONSTRUCTION COST:
This is a percentage fee based on the Total Authorized Design Value of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03 The Total Authorized Design Value shall be used and identified in the Work Order as the basis
for establishing the compensatory fee for all phases identified as part of Basic Services.
83.03 If the actual construction cost is increased during the construction phase, the "Actual
Construction Cost" shall be used as the basis for determining the fee for Construction Administration
Phase if included in Basic Services.
83.03 The term "Actual Construction Cost" does not include any compensation to the Consultant, the
cost of the land, rights -of -way, works of art, permit fees or other costs which are the responsibility of the
City.
B3.03-2 Inclusive Fee
It is understood that with percentage compensation the Consultant shall perform all services for the
stated percentage of the construction cost budgeted when the contract is signed.
B3.03-3 Changes to Project Scope
If the City authorizes an increase or decrease in the scope of the Project or the Total Authorized Design
Value of the Project, the Base Fee will be adjusted accordingly, based on justification from the Wage
Rates or as mutually agreed upon. '
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES:
The design of additive and deductive alternates contemplated as part of the original Scope for a Project
as authorized by the Director will be considered as part of Basic Services. The design of additive and
CIP Contract No. 08-2196G Page 32
deductive alternates that are beyond the original Scope of Work and construction budget may be billed to
City as Additional Services. The fees for alternates will be calculated by one of the three methods
outlined above, es mutually agreed by the DIRECTOR and the Consultant.
B3.06 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.06 and 83.04
respectiveiy, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
which can be found on the City's Webpage at www.miamigov.com/capitalimprovements/pages(
Procu rementOpportu n ities.
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.
B3.06.1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost.
B3.06-2 Procedure and Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing
Ordinance, the Consultant's Competitive Negotiation Act, and other applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services the Consultant will apply the multiplier of one- (1.0) times the
amount expended by the Consultant,
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or.omissions of Consultant as determined by City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination. If the Project is resumed after having been suspended for more
than three months, the Consultants further compensation shall be subject to renegotiations.
ARTICLE 134 PAYMENTS TO THE CONSULTANT
84.01 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.miamigov.com/capitallmprovementslpages/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
shall, .in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
CIP Contract No. 08-2196G Page 33
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 ail 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 and/or Additional 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 not considered a permanent office.
CiP Contract No. 08-2196G Page 34
B5.01.4 Reproduction, Photography
Cost of printing, reproduction or, photography, which is required by or of Consultant to deliver
services, set forth in this Agreement.
B5.01-5 Permit Fees
All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These
permit fees do not include those permits required to be paid by the construction Contractor.
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS
Reimbursable Sub -Consultant'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 at 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. O6-2196G Page 35
ATTACHMENT B - COMPENSATION
ATTACHMENT€ -COMPENSATION
Gili-McGraw Architects, LLP
SCHEDULE B1 - WAGE RATES SUMMARY
JOB CLASSIFICATION
NEGOTIATED
AVERAGE HOURLY
RATE
ADJUSTED
AVERAGE HOURLY
RATE
(Multiplier Applied)
Giii-McGraw Architects, LLP
Principal/Professional Architect
$55.00
$159.50
Project Manager/Sr. Architect
$40.00
$116.00
Project Architect
$35.00
$101.50
CADD Technician/Draftsperson
$18.50
$53.65
Brill, Rodriguez, Sales & Associates, Inc.
Principal/Professional Engineer
$55.00
8159.50
Project/Designer Engineer
$40.00
8116.00
Field Representative/Inspector
$40.00
8116.00
Engineering Aid
$35.00
$101.50
CADD Technician/Draftsman
$18.75
$54.38
Basulto & Associates, Inc.
Principal
$58.00
$16820
MEP Engineer
$38.00
$110.20
CADD Draftsman
$19.75
$57 28
ES Consultants, Inc.
President (Eduardo F. Smith)
$55.29
$160.34
Sr. Engineer (Eric J. Gomez)
$46.80
$135.72
Sr. Engineer (Terrence R. Horan)
$44.57
$129.25
Principal Environmental Scientist (Lisa Smith)
$44.57
$129.25
Construction Inspector (Francisco Hernandez)
$43.27
$125.48
Professional Engineer (Jeffrey P. Thompson)
$32.68
$94 77
Professional Engineer (Lucas, Barroso-Giachetti)
$32.11
$93.12
Professional Engineer (Fangmei Zhang)
$28.56
$82.82
CADD Draftsman (Vladimir Ramirez)
$20.00
$58.00
Rosenberg Gardner Design
Principal Landscape Architect (Ken Gardner)
$28.85
$83.67
Project Manager (Son Truong)
$29.28
$84 91
CADD Operator (Kiehl Semler)
$19.25
$55.83
CIP Contract No. 08-2196G
Pages 36
WHEREAS,
.%ORPAW-RE SOLUTIQ
(Partnership Resolution)
Gili-McGraw Architects, L.L.P.
desires to enter into
an agreement/amendment 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 Partners at a duly held Partnership meeting has
considered the matter in accordance with the By -Laws of the Partnership
Now, THEREFORE, BE IT RESOLVED BY THE PARTNERSHIP
that the Partner
(type title of officer)
Cynthia Gili McGraw, A.I.A.
(type name of officer)
, is hereby authorized
and instructed to enter into this agreement/amendment, in the name and on behalf of
this Partnership, 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 13 day of
March
teefeeretenf-
J. Ga c raw, A.I.A., Partner
, 20 09