HomeMy WebLinkAboutPre-LegislationCrystal Report Viewer Page 1 of 2
�++4rlr rF�.
'* I ROM tvZt`r IS YO jk
' City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 09-0I239
Enactment#: R-09-0585
Version: 1
Type: Resolution
Introduced: 10/26/09
Status: Passed
Enactment Date: 12/17/09
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT ("PSA") BETWEEN THE CITY. OF MIAMI AND LEO A. DALY COMPANY, IN
SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A", TO PROVIDE ADDITIONAL
SERVICES FOR THE STADIUM SI1'h PARKING PROJECT, B-30648, TO INTEGRATE ENERGY
EFFICIENT AND ENVIRONMENTALLY PRUDENT DESIGN ELEMENTS TO THE PARKING
STRUCTURES TO ASSIST IN ACHIEVING LEED SILVER CERTIFICATION FOR THE STADIUM,
INCREASING THE CONTRACT AMOUNT BY $435,000, FROM $4,899,642.60 TO AN AMOUNT
NOT TO EXCEED $5,334,642.60; ALLOCATING FUNDS FROM CAPITAL PROJECT NO.
B-30648.
WHEREAS, on July 9, 2009, pursuant to Request for Qualifications ("RFQ") No. 08-09-017, the City of Miami ("City")
executed a Professional Services Agreement ("PSA") with Leo A. Daly Company in the amount of $4,899,642.60, for the
provision of Architectural and Engineering Services for the design of the Stadium Site Parking Project, B-30648 ("Project");
and
WHEREAS, the Construction Administration Agreement ("CAA") among Miami -Dade County ("County"), the City and
the Marlins Stadium Developer, LLC (the "Stadium Developer"), which sets forth the terms and conditions for the
construction of the Baseball Stadium Project, expresses the intention of the parties to seek Leadership in Energy and
Environmental Design ("LEED") Silver Certification for the Stadium; and
WHEREAS, pursuant to the CAA, the County and the City are each responsible for paying 50% of the incremental cost
to achieve LEED Silver status certification, beyond the $1,000,000 to be provided by the Stadium Developer on behalf of
Major League Baseball for such purpose; and
WHEREAS, the City wishes to increase the scope of services of the PSA to integrate energy efficient and
environmentally prudent design elements into the parking structures (the "Additional Services") which will provide credits
that will assist in obtaining LEED silver certification for the Stadium; and
WHEREAS, pursuant to the CAA, the City may deduct from its obligation to contribute toward the cost of achieving
LEED Silver status certification for the Stadium, any amounts paid by the City above those required to construct the parking
facilities that will assist in obtaining LEED certification for the Stadium; and
WHEREAS, the Additional Services have been approved by the Stadium Developer and it has been agreed that the cost
of the Additional Services, in the sum of $435,000 will be deducted from the City's contribution of up to $1,750,000 in support
of the LEED certification for the Stadium; and
hlip://egov.ci.rniami.fl.us/LegistarWeb/temp/replCC4.html 12/6/2010
Crystal Report Viewer Page 2 of 2
WHEREAS, the Additional Services consist of: $275,000 for the design integration and coordination of LEED credits
required in the parking garages and $160,000 to have the parking structures support a Photovoltaic Generation System,
required in order for the Stadium to achieve LEED certification; and
WHEREAS, funds are to be allocated from Capital Project No. B-30648;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized { 1 } to execute Amendment No. 1, to the PSA between the City and Leo A.
Daly Company, in substantially the form attached as Exhibit "A', to provide additional services for the Project, to integrate
energy efficient and environmentally prudent design elements to the parking structures to assist in achieving LEED silver
certification for the Stadium, increasing the contract amount by $435,000, from $4,899,642.60 to an amount not to exceed
$5,334,642.60, with funds allocated from Capital Project No. B-30648.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2}
http://egov.ci.miami.fl.us/LegistarWeb/temp/rep 1 CC4.html 12/6/2010
CITY OF MIAMI
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LEO A. DALY COMPANY
FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR STADIUM
SITE PARKING. (CAPITAL PROJECT NO. B-306481
This Amendment No. 1 to the Professional Services Agreement dated July 9, 2009, (the
`Agreement"), between the City of Miami, a municipal corporation of the State of Florida
("City"), and Leo A. Daly Company, ("Consultant") a Nebraska corporation, for the provision of
Architecturaisnd Engine ring. Services for the Stadium Site Parking Project ("Project") is entered
into this o9 day of Engine , 2010.
RECITALS
WHEREAS, on July 9, 2009, pursuant to RFQ No. 08-09-017 and Resolution No. 09-
0200, adopted by the City Commission April 23, 2009, the City and the Consultant entered into
the Agreement, in the amount of $4,899,642.60, for the Scope of Work described therein; and
WHEREAS, on April 15, 2009, the City, Miami -Dade County ("County") and Marlins
Stadium Developer, LLC ("Stadium Developer") entered into a Construction Administration
Agreement ("CAA") which provides, among other things, for the construction of the Baseball
Stadium and the Project; and
WHEREAS, the CAA evidences the parties' intent to seek Leadership in Energy and
Environmental Design (LEED) Silver Certification for the Baseball Stadium ("LEED
Certification"), and provides that the County and the City are each responsible for the payment of
50% of the incremental cost to achieve LEED Certification, beyond the $1,000,000 to be
provided by the Stadium Developer on behalf of Major League Baseball; and
WHEREAS. the CAA further provides that the City may deduct from its obligation to
contribute .50% of the incremental cost to achieve LEED Certification, any amounts paid by the
City above those required to construct the Project that will assist in obtaining LEED Certification.
for the Stadium; and
WHEREAS, the Stadium Developer has requested the City, and the City wishes, to assist
the Stadium Developer in achieving LEED Certification; and
WHEREAS, the City wishes to increase the Scope of Services of the Agreement in order
to include design integration and coordination of LEED credits required in the parking garages
and to have the parking structures support a Photovoltaic Generation System, required in order
for the Stadium to achieve LEED Certification ("Additional Services"); and
WHEREAS, this Amendment No. 1 will increase the total compensation payable under
the Agreement by $435,000, from $4,899,642.60 to an amount not to exceed $5,334,642.60, to
cover the cost of the Additional Services; and
1
NOW THEREFORE, for the considerations of the foregoing, the parties hereby amend the
Agreement as follows:
Additional Services: The Additional Services are described in Attachment "1" to this
Amendment. The PSA is hereby amended to include the Additional Services.
Compensation: The amount of compensation payable by the City to Consultant shall be
increased by S435,000, for the provision of the Additional Services, and shall be paid as
provided in the PSA.
All other terms and conditions of the Agreement are in operative force and effect and remain
unchanged.
THE CITY OF MIAMI, FLORIDA
ATTEST:
By:
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
By:
Julie 0. Brut"Attorney
ATTEST:
CITY 0 ' � MI, FLORIDA, a
multi . pal • -poration of the State of
Flori
Pedro a He
City Manager
dez. P.E.,
APPROVED AS TO INSt7IRANCE
REQUIREMENTS: /
LeeAnn Brehm,
i��Ri�
sk Management Director
CONSULTANT
LEO A. DALY COMPANY
By: By:
rporate ecretary' Agie'in
Jerry L. Norris
(Affix Corporate Seal)
a, Managing Principal
7
Attachment 1
STADIUM PARKING GARAGES - LEED EFFORT- FEE SUMMARY (LJAA, FLS, HM,LAD)
Consultant
Design Integration
Certification
CA
Total
Fortin Leavy Skyles
$ 2,500.00
$ 1,500.00
$ 4,000.00
Louis J. Aguirre & Associates
$ 48,000.00
$ 24,000.00
$ 16,000.00
$ 88,000.00
Hanscomb Means
$ 15,000.00
LEO A DALY
$ 117,800.00
$ 9,330.00
$ 30,870.00
$ 158,000.00
Total Professional Services
$ 180,800.00
$ 35,830.00
$ 48,370.00
$ 265,000.00
Reimbursable Allowance
$ 10,000.00
GRAND TOTAL
$ 275,000.00
STADIUM PARKING GARAGES - PHOTOVOLTAIC PANELS - FEE SUMMARY (LJAA, THAAS, LAD)
Consultant
Design Integration
Certification
CA
Total
Tim Haas
$ 80,000.00
$ 80,000.00
Louis J. Aguirre & Associates
$ 20,000.00
$ 20,000.00
LEO A DALY
$ 50,000.00
$ 50,000.00
Total Professional Services
$ 150,000.00
$ -
$ -
$ 150,000.00
Reimbursable Allowance
$ 10,000.00
GRAND TOTAL
$ 160,000.00
Page 1
P I.A.NN1N (;
ARCHIT-FUTURE
E. NC; I N•E:E R.I.N r;
INTERIOR-5
'EST. 1915
ATLANTA
AUSTIN
BRYAN
1}AtLAS
DENVER
FORT WORTH
HONG 3CON(;
HONOLULU
HODS TON
LAS-VEGAS
LOS ANGELES
MIAMI
UINNEAP{)U.
OMANA
:PHOENIX
SAN ANTONIO
'SAN MARCOS
TMANIIN
WACO
WASHINGTON. DC
FLORIDA UE.ENSE
No. AA-0000734
I€OA DALY
August 4, 2009
Revised on August 2.1, 2009
Revised -on September 1, 2009
Office of the City Manager
City of Miami
444 .SW 2"d Avenue, 101I' Floor
-Miami, .Florida 33130
Robert Fenton
Senior Project Manager
005) 461-9.4.80 x2104
AFMarteiWeoadaly .corn
VIA E-MAIL & U.S MAIL
Professional Design Services Proposal for:
City of Miami- Stadium Site Parking
LEED Support Services
Dear Robert:
LED A DALY appreciates the opportunity. tooffer this proposal for your
consideration.
PROJECT DESCRIPTION, GOALS AND OBJECTIVES.:
LE.DA DALY submits this proposal .to address the request of the City of Miami to
have the Stadium Site -Parking Project be a LEED (Leadership in Energy .and
Environmental Design) Certified project. The. proposed A/E fee- for Design &
Coordination sup.port services includes implementing the required design elements
to help attain LEED certification, and coordi:nation'with _Populo.us who are in -charge
of managing the'LE.ED process including the registration and certification .process
throu_ghoutdesign and .construction with the USC-BC. This proposal is based on
commencing -the LEED design integration effort during the design development
phase; our proposed fee will need to be revisited if the contract documents need to
be modified after this milestone.
It is -our understanding that the City of Miami, Miami -Dade County, T-he Florida
Marlins and Major League Baseball .have .set .aside $4.5 M to be used towards the
LEED° initiative for both the Stadium and Parking Structures.
The overall project. is aiming to obtain LEE'D°'S.ilver' certification. The following are
-the LEED® credits we :considered as the basis of our proposal, and are currently
being pursued, which will have a direct impact to the -design and construction of
our Stadium Site Parking project-. .Those credits are:
SS 4.2 . j A ternative Transportation: Bicycle Storage and Changing - .
_..... _ _____a Rooms._., _._____._—___r_._ _ _.__...__.._.___..___ �_
l 8S 4..3 i Afternatroe Transportation: l.ow-.Emitting and fuel-Eft'ictent 1
Vehicles --- Preferred Parking. i
i390 MARY STREET ?._...-. ___.�._,w_�.._..__...__.,_ �_. ____...._. _.. ..... .__.._.._._.....____�_-�-+
suITE a16 LSS 6,1 I; Storrnwater Design: Quantity Control. W.
A31A14iITE1-13133
TEL 305.461.9480 . -
FA% 305.4111,3686 RECEIVED
www.Icoadaly.com
DEC 3 0 2009
CAPilAL IMPROVEMENTS
Robert Fenton
City cif:Miami
Stadium Site Parking
LEED Support Services
August 4, 2009 Rev. August 21, 2009, Rev September 1, 2009
Page 2
] SS 6.2 T Storrnwafer Design; Quality Control. _ - — 1
SS 7.1 _ _ji Heat Island Effect: Non -Rood I
1
-1
S .7.2 Heat Isl-and Effect: Roof.
' WE-3 1 1-Water Use Reduction- 20%
WE- 3.2 .r Water Use Reduction- 30 %
1 :EA P1 Fundamental Commissioning.
EA P3 i Fundamental Refrigerant -Management.
EA 1 i O timiie Energy Perfoormance (2 oints miniimum)._
EA 2 O.n-Site. Renewai�le Energy.
to 3
I EA 4
EA _ M 5
.
Enhanced,Commissionin.g.
Enhanced ite.rigerana Management.
Measurement and Verification.
`-MR P1
I Storage and CoI ec ion .of• Recyclables.
MR 2.1
Construction Waste Management —Divert 50%.
i' MR 4.2
;
Recycled Content.— 209/0 Minimum. .. 1
i .MR 5.2
Locaf / Regional Mater als — 20%. •
MR 7
Certified Wood—.50%.. •
EQ P1
Minimum Indoor Air Quaffty Performance.
i EQ P2
Environmental Tobacco Smoke Contro[
EQ-1
Outdoor Air Delivery Monitoring
;. EQ 2
Construction Indoor Air Quality Management.
i E.Q- 3.1
EQ 4.1-4
'
Construction •IAQ Management Plan, During Construction
Low -Emitting Materials (Adhesives, Sealants, .Paints and
Coatings).
Q' 6:7 _ontro(EabilttY of SysteMS, Lighting
EQ-6.2 Controllability of Systems, Thermal Comfort
EQ 7.1 Thermal Comfort — Design.
i EQ- 7.2 Thermal .Comfort Verification
SCOPE O:F• SERVICES:
LEo A:DALY professional.services include Architecture, Civil, Mechanical, Electrical,
Plumbing; .Fire Protection Engineering, Landscape Architecture an:d Cost Estimating
Services and are divided in the following items:
1. Design Integration —
1..1. incorporate LEED requirements into the project technical specifications
section (45+/-), also include: 017419-Construction Waste Management
018113-S.ustainable Design Requirements and 019113 — General
Commissioning Requirements.
1.2. Product selection process
1.3.. Cost estimating- provide cost estimate with differential for ail LEED
initiatives
2. Construction Administration-
2.1., Review Submittals for cotnpl.iance with the specified LEED goals (standard
of 2 reviews are included).
2.2. Collect certificates and .docu.m.entation required from the Contractor and
send -to Popuious or -certification process.
O:\PM\01.Agreements\2009\06.1.100Af3.000-City of Miami- Stadium 5ite.Pdrkiitg\04 Proposals\ Documeit la to City of
ktiami\09-0901-ppl-KR.RF-COM-Stadium Site Parking-LETO Proposal - AE Services Draf104.docx
Robert Fenton
City of Miami
Stadium Site Parking
-LEED Support Seivices
August 4, 2009 Rev. August 21, 2009, Rev September 1, 2009
Page 3
3. Registration and Certification (services provided by Populous).
3.1.. Provide Populous with the design information required for their
coordination and management of the certification process,
3.2.. Respond to .USG:BC Review comments during certification process.
SERVICES. NOT INCLUDED:
1. Feasibility Study
2.. LEED.Consulting Services
3.. LEED Status reports
4.. LE:ED Performance and Assessment Reports
5. Management of the LEED Online Certification Process
6.. .Management of the Contractor .as it relates to the LEED Certification process -
with exception of verifying the .submittals are provided., reviewed, etc.
.7. Commissioning (Basic and/or Enhanced), Commissioning Plan & Coordination -
(by Populous)
8. 'Energy Modeling
9. LED lighting. Systems
10. Photovoltaic Generation Systems design and construction documents
11. Value :Engineering
12.. USGBC.Appeal process
ASSUMPTIONS:
1. Specification Criteria provided by Populous,
2. Participate in Populous, COM & Marlins monthly conference call meetings,
which commenced in April 2:009:. Minutes & Agenda to be provided by
Pop.ulous..
3.. Participate in special coordination meetings during the design effort as needed.
A. .LAD will assist Populous with design information for their development of the
templates.
.5. The design integration effort will follow the schedule, milestones and submittals
established for the p.arki ng garages.
-6.. ;Populous will review LAD 'specifications for compliance.
7.. LA.D will facilitate meeting minutes, progress reports and scheduling activities to
Populous for their commissioning .effort.
.8. LAD will conduct this project on a "best efforts" basis. While LA.D maintains
that we are knowledgeable in the LEED Rating System, we .cannot, .however,
guarantee .the quality of LEE.D documentation we will receive or that the
. USGBC LEED Reviewer will agree with our interpretation of certain credits. If
.an appeal process is required it will be completed as a Change in :Services.
CONSULTANTS:
The following. consultants are included in our fee;
• Mechanical,. Electrical, Plumbing and Fire Protection — Louis J. Aguirre and
Associates, PA
• Civil- Fortin, Leavy, Sidles, Inc.
• Landscape- Rosenberg Gardner Design.
• Design Consultant CIVICA, LLC
• Hartscomb-lvteans- Cost -Estimating
O.i\PM\01-Agreements\2009\0GI.10048.000=C1Iy of Miami- Stadium Site Parki» g104 ProposalsxDocumenis to City of
Miami \09-A90.1.-ppl-KR.RF-COM.-Stedium.Si(e Parking-LEED Rroposal . M Services-Drai104doca
Robert Fenton
City of Miami
Stadium Site Parking
LEED Support Services
August 4, .2009 Rev. August 21., 2009, Rev September 1., 2009
Page 4
COMPENSATION;
Compensation to ILEO A DALY shall be a stipulated sum of $ 275,000..00.
Section
Compensation
Design integration
$ 1.80.,800..00
Registration and. Certification 'Coordination w/ Populous
$ 35,8:30.00
Construction Administration
$ 48,3.70..00
Total for Professional Services
2.65,000.00
Reimbursable. Expenses. Allowance
$ 10.,000,00
Grand Total
$275,0.00.0.0
REIMBURSABLE EXPENSES:
We haveestimated an allowance of .approximately $ 10,000.0.0.; i:f amount is
exceeded Leo A Daly shall be compensated in full.
PAYMENTS:
LEED scope of work shall be invoiced monthly based o.n the percent of work
completed. Services provided by LEO.A .DAY and :design team will be rendered in
accordance with PSA executed on July 9, 2009,
Robert, we .at LEO A DALY, thank you for the opportunity .of working with you on
this LEED .effort. We hope this proposal meets your needs, please don't hesitate to
contact me if you have any _comments and/or concerns_
Since ly
.LEO,
Ab
Seni
Dire
rtel
Associate,
or of Operations
1MMH/immh
C. File
O:\PM\Ol.-Agreements\2009\061.10048-000.34y of Miami- Stadium Site Parking\D4 Proposals \ Documents to.Gity of
Miami\09-0901-pp1.KR-RF•COM;Stadlum Slle Parking-LEED Proposal-- AE Services-Draft04.docx
'PLANNIN.G
ARC'IIITE(.TURE
:ENGINCE,RING
1NT'E.RJORS
EST 141'5
ATLANTA
AUSTIN
BRYAN
DALLAS
DENVPR
FORT WORTH'
HONC KONG
HONOL;ULU
HOUSTON
LAS VIGAS
LOS ANODES
MIAMI
MiNNEAPOLIS
OMAHA
PHOENIX
SAN AN'TONIO
SAN MARC(1S
T.I'AN'11N
WACO
'WASHINGTON, DC
.FLORIDA LICENSE
No. AA-(:000734
.3J90 MART STREET
SUITE 215
iMIAMl, Ft^33'131
T E L '305,451.94.80
FAX 305.441.36BI,
www.leuadaly.com
LED A DALY
August 6, 2009
Revised September :1, 2009
Office of the City Manager
City of Miami
_ 444 SW 2"d Avenue, 106 Floor
Miami, Florida 331.30
T305) 461-9480 x2104
A FM art e l @ieo'a daly.con.
VIA F-M.AK . & US MALL
Attn. Robert Fenton
Senior Project Manager
Subject: Professional Design. Services Proposal for:
. City of Miami- Stadium Site Parking
Photovoltaic System Structural Support- Additional 'Roof Level- A/E Design
Sery ices
Dear .Robert:
LEo A DALY appreciates the opportunity to offer this proposal for your
consideration.
PROJECT DESCRIPTION, GOALS AND OBJECTIVES;
.LEO A DALY submits tliis.proposal to address the request of the City of Miarni to
have the Stadium Site :Pa:rkin.g Structures (4) support .a Photovoltaic Generation
System; the Photovoltaic .system is required in order for the Stadium to achieve
LEED (:Leadership in Energy and Environmental 'Design) Certification.
This proposal incorporates the:decision'to install the photovoltaic.p.anels on.;partial
concrete levels .that will be designed above the .existing ,garages(4); the design of the
floor will utilize a similar .PSI joist system as the; garage will: receive, but having to
be designed as a.morrient resisting frame in order -:to transfer the wind loads to the
diaphragm floor below,
Said added level will require revised lighting systems, addition of tonven.ien.ce
receptacles and systems devices (fire alarm-, .se.c.urity., CATV, etc...) as required to
complement proposedinstallation of the Photovoltaic Systems, revised roof
drainage system and :extension of automatic fire protection :sprinkler system as
required by the new .roof.
In addition to t_he structure, based on coordination meetings with FPL, we are.to
provide conduit system .fro:m each of the four (4) b.uildings to our project's property
line for the continuation by the Marlin Stadium':s design- team to the .nearest FPL
Stadium vault for their connection to the grid system; effort that is yet to be fully
coordinated with all pertinent parties.
Robert Fenton
City of Miami
Stadium Site Parking
Photovoltaic System Support- Additional Roof Level Design
August 21, 2009—.Revised September 1, 20.09
Page 2
This proposal is based on commencing the design effort during the 100% design
development phase; our :proposed fee will need to be revisited if the contract
documents need to be modified after this milestone.
SCOPE OF SERVICES:
LEoA DALY professional services include Architecture, Structural, Electrical,
Plumbing, Fire Protection 'Engineering and Cost Estimating Services andare divided
in the following items:
1.. Design Integration —
1.1.. Add additional partial roof level .at each parking structure :to include
concrete columns, slab and a parapet @ 42" high throughout the .perimeter.
1..2. Design will include Architectural., Structural and EPlFP components such
as, but not limited to, access ladders, drainage for roof area, lighting.
underneath the slab, fire protection„ and devices required for Code
compliance.
SERVICES NOT INCLUDED:
1. Value Engineering.
2. 'Photovoltaic Generation Systems and contract d.ocurne.nts.
3, Mechanical En.gineerin.g:(no HVAC has been considered as required:for this
work).
4. Submittals beyond those scheduled for the parking garage design milestones
and submittals required for :the MU:SP approval process.
ASSUMPTIONS:
1. Photovoltaic G.eneration Systems.engineering and .contract documents will be
produced by a Specialty Engineer.
2. WISP' approval process Will be required after the submittal of 100% Design
Development Documents.
3. Participate in- special coordination meetings during :the design effort.
4. The design integration :effort will follow the schedule, milestones and submittals
established -for the parking garages.
5. Construction Cost for this Structure and all of its components will be :funded
through the LEED effort and shall not be part of this specific :project budget.
CONSULTANTS:
The following consultants are included in our fee:
-• Electrical, .Plumbing and Fire Protection —.Louis j. ;Aguirre and Associates,
PA
e Structural- Timothy Haas & Associates, Inc,
• Hanscomb Means- Cost Estimating
O.:\PM\01-Agreements\2009\06l-10048-o00•City.of Mtam!- Stadium Site Parking \04'Proposals\Dorumenk to Cily of
Miami\'09-0901-ppm-KR-RF-C.OM-Siadium Site Parking-kEED Photovoltaic Structure Proposal - At ServIces-draft:02.docx
/fr
Robert. Fenton
City of Miami
Stadium Site Parking
Photovoltaic Systerri.Support- Additional Roof -Level Design
August 21, 2009 - Revised September 1., 2009
:Page 3
COMPENSATION.;
Compensation to LED A DALY shall be a stipulated sum of $ 160,000..0.0
Section
Compensation
Design Integration into 100% Design Development
Submittal
.$ 50.,000.00
50% Construction Documents
$45.,000.00
95% Construction Documents
$40,000.00
Construction Administration
$1.5,000..00
Total for Professional Services
150,001100
Reimbursable :Expenses Allowance
$ 10,.000.00
Grand Total
$160,000.00
REIMBURSABLE EXPENSES:
We have estimated an allowance -of approximately $ 10;000..00, .if amount is
exceeded Leo A Daly shall be compensated in full.
PAYMENTS:
LE:€D scope. of work shall be invoiced monthly based on the .percent of work
completed, Services provided by LEo A DALYand design team will be rendered in
accordance with PSA executed on July 9, 2.009.
Robert, we at Leo A. DALY, thank you for theopportunity of working with you on
this effort. We liope this proposal meet your needs, please don't hesitate to contact
me if you, have any -comments and/or concerns.
Sincerely,.
Leo
Ab.
Seni.1r
Ope ati
C. File
artel,
sociate and Director of
s.
Q;\PM\0E-Agreements\2009\0b1-E9048-000-City of Miami- Stadium Site Parking\44.Proposalsi.Documenls loCity.oi
Miami\09.0001:-ppl-KR-RF,COM Stadien "Sue Parking•LEED-PltoIovoiiaic Structure.Propo:.7l • AE Services-zlrafi 03.do;a
WHEREAS,
CORPORATE RESOLUTION
LEO A. DALY COMPANY 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 Managing Principal of the Miami Office of LEO A. DALY COMPANY
(type title of officer)
Agustin J. Barrera 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 _3 -� c ay of-c-a-,4-{,-e-L.- , 20 Q mil'
Corp., :te Se
Jerry L. Norris
0 �t
eta
(Corporate Seal)
Crystal Report Viewer Page 1 of 2
City of Miami
Text File Report
City Flail
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 09-01239
Enactment #: R-09-0585
Version: 1
Type: Resolution
Introduced: 10/26/09
Status: Passed
Enactment Date: 12/17/09
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT ("PSA") BETWEEN THE CITY OF MIAMI AND LEO A. DALY COMPANY, IN
SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A", TO PROVIDE ADDITIONAL
SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, TO INTEGRATE ENERGY
EFFICIENT AND ENVIRONMENTALLY PRUDENT DESIGN ELEMENTS TO THE PARKING
STRUCTURES TO ASSIST IN ACHIEVING LEED SILVER CERTIFICATION FOR THE STADIUM,
INCREASING THE CONTRACT AMOUNT BY $435,000, FROM $4,899,642.60 TO AN AMOUNT
NOT TO EXCEED $5,334,642.60; ALLOCATING FUNDS FROM CAPITAL PROJECT NO.
B-30648.
WHEREAS, on July 9, 2009, pursuant to Request for Qualifications ("RN") No. 08-09-017, the City of Miami ("City")
executed a Professional Services Agreement ("PSA") with Leo A. Daly Company in the amount of$4,899,642.60, for the
provision of Architectural and Engineering Services for the design of the Stadium Site Parking Project, B-30648 ("Project");
and
WHEREAS, the Construction Administration Agreement ("CAA") among Miami -Dade County ("County"), the City and
the Marlins Stadium Developer, LLC (the "Stadium Developer"), which sets forth the terms and conditions for the
construction of the Baseball Stadium Projeet, expresses the intention of the parties to seek Leadership in Energy and
Environmental Design ("LEED") Silver Certification for the Stadium; and
WHEREAS, pursuant to the CAA, the County and the City arc each responsible for paying 50% of the incremental cost
to achieve LEND Silver status certification, beyond the $1,000,000 to be provided by the Stadium Developer on behalf of
Major League Baseball for such purpose; and
WHEREAS, the City wishes to increase the scope of services of the PSA to integrate energy efficient and
environmentally prudent design elements into the parking structures (the "Additional Services") which will provide credits
that will assist in obtaining LEE[) silver certification for the Stadium; and
WHEREAS, pursuant to the CAA, the City may deduct from its obligation to contribute toward the cost of achieving
LEED Silver status certification for the Stadium, any amounts paid by the City above those required to construct the parking
Facilities that will assist in obtaining LEED certification for the Stadium; and
WHEREAS, the Additional Services have been approved by the Stadium Developer and it has been agreed that the cost
of the Additional Services, in -the -sum -of $435;000-wilhhe deducted from-the-Citys contribution-ofp-to-11,750;000-insupport
of the LEED certification for the Stadium; and
http://egov.ci.miami.fl.us/LegistarWeb/temp/repFEF.htmi 1/4/2010
Crystal Report Viewer Page 2 of 2
WHEREAS, the Additional Services consist of: $275,000 for the design integration and coordination of LEED credits
required in the parking garages and $160,000 to have the parking structures support a Photovoltaic Generation System,
required in order for the Stadium to achieve LEED certification; and
WHEREAS, funds are to be allocated from Capital Project No. B-30648;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section I. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1 } to execute Amendment No. 1, to the PSA between the City and Leo A.
Daly Company, in substantially the form attached as Exhibit "A", to provide additional services for the Project, to integrate
energy efficient and environmentally prudent design elements to the parking structures to assist in achieving LEED silver
certification for the Stadium, increasing the contract amount by $435,000, from $4,899,642.60 to an amount not to exceed
$5,334,642.60, with funds allocated from Capital Project No. B-30648.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. (2}
http://egov.ci.miami.fl.us/LegistarWeb/temp/repFEF.htnil 1/4/2010
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural & Engineering Services (RFQ No. 08-09-017)
Contract Type Project Specific
Project Stadium Site Parking
Consultant Leo A. Daly Company
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 4
ARTICLE 2 GENERAL CONDITIONS 5
2.01 TERM: 5
2.02 SCOPE OF SERVICES 5
2.03 COMPENSATION 5
ARTICLE 3 PERFORMANCE 6
3.01 PERFORMANCE AND DELEGATION 6
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6
3.03 CONSULTANT KEY STAFF 6
3.04 TIME FOR PERFORMANCE 6
ARTICLE 4 SUBCONSULTANTS 7
4.01 GENERAL 7
4.02 SUBCONSULTANT RELATIONSHIPS 7
4.03 CHANGES TO SUBCONSULTANTS 7
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 8
6.01 CITY'S RIGHT TO TERMINATE 8
6.02 CONSULTANT'S RIGHT TO TERMINATE 8
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 8
ARTICLE 7 DOCUMENTS AND RECORDS 8
7.01 OWNERSHIP OF DOCUMENTS 8
7.02 DELIVERY UPON REQUEST OR CANCELLATION 8
7.03 RE -USE BY CITY 8
7.04 NONDISCLOSURE 9
7.05 MAINTENANCE OF RECORDS 9
ARTICLE 8 INDEMNIFICATION 9
ARTICLE 9 INSURANCE 9
9.01 COMPANIES PROVIDING COVERAGE 9
9.02 VERIFICATION OF INSURANCE COVERAGE 9
9.03 FORMS OF COVERAGE 10
9.04 MODIFICATIONS TO COVERAGE 10
ARTICLE 10 MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 70
10.03 SUCCESSORS AND ASSIGNS 11
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 11
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 11
10.06 NOTICES 11
10.07 INTERPRETATION 12
10.08 JOINT PREPARATION 12
10.09 PRIORITY OF PROVISIONS 12
10.10 MEDIATION - WAIVER OF JURY TRIAL 12
10.11 TIME 12
10.12 COMPLIANCE WITH LAWS 12
Contract No. 08- 624 Page 1
City's Initials: Consultant's Initials
10.13 NO PARTNERSHIP 13
10.14 DISCRETION OF DIRECTOR 13
10.15 RESOLUTION OF CONTRACT DISPUTES 13
10.16 INDEPENDENT CONTRACTOR: 14
ATTACHMENT A - SCOPE OF WORK 18
ARTICLE Al GENERAL 18
A1.01 SCOPE OF SERVICES 18
ARTICLE A2 BASIC SERVICES 18
A2.01 SCHEMATIC DESIGN VALIDATION 18
A2.02 DESIGN DEVELOPMENT 19
A2.03 CONSTRUCTION DOCUMENTS 20
A2.05 SOLICITATION & AWARD OF CONSTRUCTION CONTRACT 23
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 23
ARTICLE A3 ADDITIONAL SERVICES 26
A3.01 GENERAL 26
A3.03 ADDITIONAL DESIGN 27
ARTICLE A4 REIMBURSABLE EXPENSES 27
A4.01 GENERAL 27
A4.02 SUBCONSULTANT REIMBURSEMENTS 27
ARTICLE A5 CITY'S RESPONSIBILITIES 27
A5.01 PROJECT & SITE INFORMATION 27
A5.03 CONSTRUCTION MANAGEMENT 28
SCHEDULE Al. - SUBCONSULTANTS 29
SCHEDULE A2. - KEY STAFF 30
ATTACHMENT B - COMPENSATION AND PAYMENTS 32
ARTICLE B1 METHOD OF COMPENSATION 32
B1.01 COMPENSATION LIMITS 32
B1.02 CONSULTANT NOT TO EXCEED 32
ARTICLE B2 WAGE RATES 32
B2.01 FEE BASIS - 32
B2A2 EMPLOYEES AND JOB CLASSIFICATIONS 32
B2.03 MULTIPLIER 32
B2.04 CALCULATION 32
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 33
B2.06 ESCALATION 33
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 33
B3.01 LUMP SUM: 33
B3.02 HOURLY RATE FEES 34
B3.03 PERCENTAGE OF CONSTRUCTION COST. 34
B3.04 REIMBURSABLE EXPENSES 34
B3.05 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES: 34
B3.06 FEES FOR ADDITIONAL SERVICES 35
B3.07 PAYMENT EXCLUSIONS 35
B3.08 FEES RESULTING FROM PROJECT SUSPENSION 35
ARTICLE B4 PAYMENTS TO THE CONSULTANT 35
B4.01 PAYMENTS GENERALLY 35
B4.02 FOR COMPREHENSIVE BASIC SERVICES 35
B4.03 BILLING - HOURLY RATE 35
B4,04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 36
B4.05 DEDUCTIONS 36
ARTICLE B5 REIMBURSABLE EXPENSES: 36
B5.01 GENERAL 36
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 37
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 37
B6.01 GENERAL 37
SCHEDULE B1 - COMPENSATION SUMMARY 38
Contract No. 08-2629
City's Initials:
Page 2
Consultant's Iniiials:l
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Architectural & Engineering Services (RFQ No. 08-09-017)
Contract Type Project Specific
Project Stadium Site Parking
Consultant Leo A. Daly Company
Consultant Office Location 3390 Mary Street, Suite 216, Miami, Florida 33133
City Authorization Resolution No. 09-0200
This Agreement made this i day of JU l9 in the year 2009 ("Agreement") by
and between the City of Miami, Florida, hereinafter called the "City," and Leo A. Daly Company,
a foreign corporation, hereinafter called the "Consultant,"
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 08-09-017 on
November 12, 2008 for the provision of Architectural and Engineering Services for the Stadium
Site Parking ("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:
Contract No. 08-
Cites Initials:
Consultant's initials:
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 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 processional 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 Capital Improvements Program or designee.
1.11 Errors mean items in the plans, specification or other documents prepared by the Consultant that
are shown incorrectly, which results in a change to the Services and results in the need for the
construction contractor to perform rework or additional work or which causes a delay to the completion of
construction.
1.12 Errors and Omissions mean design deficiencies in the plans, specification or other documents
prepared by the Consultant, which must be corrected in order for the project to function or be built as
intended.
1.13 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.
1.14 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 at conditions precedent have
been met and/or directing that Consultant may begin work on the Project.
1.15 Omissions mean items the plans, specification or other documents prepared by the Consultant that
are not shown or included which are necessary for the proper and/or safe operation of the Project or
required to meet the Scope of Services.
Contract No. 08-2624
City's Initials:
Page 4
Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
1.16 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor Work to be performed under this Agreement and the construction of a Project as a
direct representative of the City.
1.17 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of
a City facility as contemplated and budgeted by the City. The Project shall be further defined in the
Scope of Services and/or Work Order issued pursuant to this Agreement.
1.18 Professional Services means those services within the scope of the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of
the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or
mapper in connection with his or her professional employment or practice. These services may be
abbreviated herein as 'architectural/ engineering services" or 'professional services", as applicable, which
are within this definition.
1.19 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.
1.20 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.
1.21 Subconsuitant 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.
1.22 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.
1.23 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.24 Work Order Proposal means a document prepared by the Consultant, at the request of the City for
Services to be provided by the Consultant on a specific phase of a Project of for Additional Services.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be effective until final completion of construction of the Project and Final
Payment is made to the Consultant.
2.02 SCOPE OF SERVICES
Consultant agrees to provide the Services as specifically described and set forth in Attachment "A"
hereto, which by this reference is incorporated into and made a part of this Agreement.
2.03 COMPENSATION
2.03.1 Compensation Limits
The amount of compensation payable by the City to Consultant shall generally be a lump sum not to
exceed fee, based on the rates and schedules established in Attachment B hereto, which by this
reference is incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed Four Million Eight Hundred Ninety Nine Thousand Six Hundred Forty Two
Dollars and Sixty cents ($4,899,642.60) 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. Said fee is comprised of a fee for basic services
of Four Million Eight Hundred Forty -Six Thousand Six Hundred Fifty Dollars and Forty cents
($4,846,650.40) plus Twenty -Five Thousand Four Hundred Ninety -Two Dollars and Twenty cents
($25,492.20) for Additional Services and Twenty -Seven Thousand Five Hundred Dollars ($27,500) for
Reimbursable Expenses. The City may, at its sole discretion use other compensation methodologies.
Contract No. 08-
City's Initials:
24 Page 5
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
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.
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 Subconsultants or subcontractors engaged by the Consultant to provide and
perform services or Work 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.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall
perform all Services in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) (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.
Contraci No. 08-2
City's Initials:
24 Page 6
Consultant's Initials;
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Subconsultant, as defined in Article 1.21 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 Subconsultant 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 the Project or task described under Additional Services. Such
Specialty Subconsultant shall be in addition to those identified in Schedule Al.
4.02 SUBCONSULTANT RELATIONSHIPS
4.02-1 Ali services provided by the Sub -Consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Subconsultants, 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 Subconsultants. The Consultant acknowledges that Subconsultants are
entirely under its direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shali not add, modify, or change any Subconsultant listed in Schedule Al without prior
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder
the City, in addition to all remedies available to it by law, may immediately, upon written notice to
Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately 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
Contract No. 0�
City's Initials:
�Paagge 7
gConsultant's Initials
PROFESSIONAL SERVICES AGREEMENT
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 Work 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 this Agreement, as full and final settlement of any claim, action, demand, cost, charge or
entitlement it may have, or will, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE •
The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a
written statement from Consultant specifying its breach of its duties under this Agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this Agreement
without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
ARTICLE 7 DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained
under this Agreement, as well as all data collected, together with summaries and charts derived
therefrom, including all electronic digital copies will be considered works made for hire and will, based on
incremental transfer wherein the above shall become the property of the City upon payments made to
Consultant or termination of this Agreement without restriction or limitation on their use, and will be made
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project.
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the
Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City,
shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers
all such documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
Contract No. 08-2624
City's Initials:
Consultant's Initials:
Page 8
PROFESSIONAL SERVICES AGREEMENT
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, 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 Consuttant 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
whatsoever in connection therewith and shall defend all project related suits, in the name of the City when
applicable, and steal; 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 Work 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, In addition, the certificates shall name the
City as an additional insured.
Consultant shall maintain coverage with equal or better rating as identified herein for the tern 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.
asiltartt shaIU.urnish a eopy DfJheinstlrnnce_pDlicy ocpolicies.upoluerltor
Contract No. 08-
City's Initials:
G4
24 Page 9
Consultant's initials:
PROFESSIONAL SERVICES AGREEMENT
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 consuttant 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/ Errors and Omissions coverage with limits of at
least of $5,000,000 per claim, $5,000,000 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. Retroactive date must be specified on the
certificate as applicable. Notice of cancellation should read (30) days/ (10) days for nonpayment.
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 accident,
$500,000 each disease employee and $500,000 each employee policy limit.
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
thesamE ormality_antegtlaLdignity herewith_ Waive any proviion of_this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
Contract Nc. 08-2624 Page 10
City's Initials:
1,4
Consultant's Initials;
PROFESSIONAL SERVICES 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 shall certify that wage rates and other factual unit costs
supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The
original Project price and any addition thereto will be adjusted to exclude any significant sums by which
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 attorneys fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place fast 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 Program (CIP)
444 S.W. 2"d Ave., 8th Floor
Miami, Florida 33130
and
Ola O. Aluko, Director
Capital Improvements Program (CIP)
444 S.W. 2nd Ave., 8th Floor
Miami, Florida 33130
And
Julie O. Brue, City Attorney
Office of the City Attorney
444-S.W. 2nd-A-veT9"' Floor
Miami, Florida 33130
Contract No. 08-2624
City's Initials:
4711
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
For Consultant:
Agustin J. Barrera, AIA
Managing Principal
Leo A. Daly
3390 Mary Street, Suite 216
Miami, Florida 33133
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 Subconsultants and/or independent contractors
and/or Consultants retained for the project(s), thereby providing for non -binding mediation as the primary
mechanisnaior disputesesoiution
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or
to file permissive counterclaims in any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement,
10.12 COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions
including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable
guidelines and standards in performing its duties, responsibilities, and obligations related to this
Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as
provided by law in connection with the performance of this Agreement.
10.12-1 NON-DISCRIMINATION
Consultant warrants and represents that it does not and will not engage in discriminatory practices
and that there shall be no. discrim.ination. in _connection_with Consultant's_ pertormanceJ.tnder 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
Contract No. 08-26 Page 12
Cify's Initials: Consultant's initials
ANo A ,. Akf'
VRWIN9. OF opmktioJS
PROFESSIONAL SERVICES AGREEMENT
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
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 withinlive-(5).calendar-days to the Director Failure_to stthmitsuch_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 (5) 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-Instr-ument(s)
signed by the City Manager.
.Contract No. q&
City's Initials:
Consultant's Initials:
Page 13
PROFESSIONAL SERVICES AGREEMENT
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE: -
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
10.20 NO ESTOPPEL
Neither the City's review, approval and/or acceptance of, or payment for Services performed under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement of any cause of
action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to
the City in accordance with applicable laws for all damages to the City caused by the Consultant's
negligent performance of any of the Services under this Agreement. The rights and remedies provided
for under this Agreement are in addition to any other rights and remedies provided by law.
Where the Consultant is comprised of more than one legal entity, each such entity shall be jointly and
severally liable under this Agreement.
10.21 CONSTRUCTION SOLICITATION METHODOLOGY
The -terms -and -scope-of-this -Agreement-are predicated -on -the -City-issuing-a-solicitation -for-construction
based on a design -bid -build methodology. However, the City, at its sole option may change to a
Construction Manager (Construction Manager at Risk methodology). Should the City elect to utilize the
Construction Manage methodology the provisions contained in Attachment 1 will become effective and
prevail over any potentially conflicting provisions. In addition, such a change in methodology will result in
an adjustment to Basic Services.
Contract No. 08-2. 4 Page 14
City's Initials: Consultant's Initials
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WIT ATTEST Consultant, Leo A. Daly Company
Signal e
Signet
(� 4.1/ 02-wog. OF OPPlipaigustin J. Barrera, Managing Principal
Print Name, Title 1 Print Name, Title of Authorized Officer or Official
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
nscilla Thompson, y Clerk
7-9—o
APPROVEp AS Ts INSURANCE
REQUIREMENT /
WA-
1
LeeAnn Brehm, pir-,ctor
Risk M6nagemerlyi Department
(Corporate Seal)
CITY 1 MI, a municipal corporation of the
State o lorida
edro G. Hernandez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie O. Bru, C oro fey
Contract No. 08-:;.24
City's Initials:
Consultant's Initials:
Page 15
PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Leo A. Daly Company , a corporation organized and existing under
the laws of the State of Nebraska , held on the5thday of January , 2009, a
resolution was duly passed and adopted authorizing (Name) Agustin J . Barrera as
(Title)Managinq Principalof 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 WITNE S WHEREOF, I have hereunto set my hand this 15t4 day of June
2009 .
Secretary;
Print: Jer ' L . Norris
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I 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:
Names and addresses of partners:
Name
Street Address
City
State Zip
Contract No. 08- i:24
City's Initials:
je16
Consultant's initials
PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual),
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
business as (dlb/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
STATE OF
NOTARIZATION
SS:
COUNTY OF r )
The foregoing instrument ,was acknowl-.•ged, before me this i day of
/C. 20 by �r� / ,,,, who is personally
known to me or who has produced as identification and who
(did / did not) take ap,oath.
SIGNATURE dFF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, S7"AMPED OR TYPED
NAME OF NOTARY PUBLIC
Contract No. 08-$C24
Gity's Initials:
DANIALKYS DUQUE
commission DD 629442
-x••� F a:•aes January 16,2011
07.,}ip, donned Faro Tray Fain Insurance 000-365.7040
Consultant's Initials:
Page 17
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Architectural and Engineering Services shall include, but are not limited to, complete planning and design
services, programming, surveying, geotechnical, feasibility studies, options evaluations, public meetings,
irrigation, lighting, electrical, landscaping, parking analysis, 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 and Engineering
Services for the Project for which Consultant was selected in accordance with Section 287.055 Florida
Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA).
A1.01 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 and Engineering Professional Services
for the Project.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete Architectural and Engineering Services as set forth in the tasks
enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state,
county and City of Miami, Florida, 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.
Consultant shall host an :ftp website where all documents related to the Project shall be posted.
Consultant has agreed that its .ftp website for this Project, which is inclusive of construction shall the
primary website for documents relating to this Project. Consultant shall submit one (1) electronic set of all
documents and three (3) copies of documents required under Article A2, for review and approval by City.
Consultant shall not proceed with the next task of the Work until the documents have been approved, in
writing, by City, and an Authorization to Proceed with the next task has been issued by City.
_A2.01 _SCHEMATIC VALIDATION
Consultant shall, utilizing a compilation of available documentation, confer with representatives of the
City, the Project Manager, Stakeholders and other jurisdictional agencies in order to comprehensively
identify aspects of the completed Schematic Design as submitted for Major Use Special Permit (MUSP)
approval that may require further refinement to attain the requisite detail of development required to begin
the creation of Design Development Documents. For clarity of scope, the items that need further
development shall be called Schematic Design Validation. The City shall review and approve this Phase
prior to commencement of the Design Development Phase.
A2.01-A Survey — the topographic survey shall include the location of all site structures
including all utility structures and facilities, and tree locations.
A2.01-B Geotechnical Site Investigation
Geotechnical and material testing services for this project shall encompass the
following.
■ PP.edorm .Standard_Peneiration Test_(SP_T_) borings_to a depth _of xx_feet _each
within the proposed structure's area and SPT test borings to a depth of x feet
each within the existing parking lot areas. The results of the each test boring
shall be presented in the form of a Test Boring Record (or log) which shall
contain a description of the subsurface materials and the depths at which
Contract No. 08Page 18
City's Initials:
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
they were encountered, their standard penetration resistance and the
groundwater levels measured at the time of boring completion.
Perform South Florida Water Management District (SFWMD) Type Soil
Permeability (percolation) tests. The purpose of these tests is to determine
the Hydraulic Conductivity (K) Value necessary for the design of exfiltration
drainage systems. Prepare a report of subsurface exploration and
geotechnical engineering evaluation for the site. This report shall contain a
description of the existing site conditions present at the time of exploration, a
description and evaluation of the subsurface conditions encountered, and
engineering recommendations for the proposed construction. The
recommendations shall include guidelines for general site work, feasible
foundation alternatives with their allowable capacities and estimated
settlements.
The City shall contract under separate agreements for any additional survey work and geotechnical
testing required for Schematic Design Validation. Where such work is required the Consultant shall be
responsible for coordinating and overseeing the work of the survey or geotechnical firm and shall review
their work prior to the Consultant incorporating the results into its Work.
Based on the validation effort Consultant shall prepare a report that details the Work performed; its
findings and recommendations.
A2.02 DESIGN DEVELOPMENT
From the approved Schematic Design Validation phase 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.
A2.02-A 50 % Design Development:
Consultant and the design team shall prepare and present four (4) copies in writing,
and at oral presentations, if requested, for approval - by City, separate Design
Development Documents, updated Project Development Schedules, and preliminary
statement of Probable Construction Costs.
1. The Design Development Documents shall consist of drawings (site plans, floor
plans, elevations, and sections), outline specifications, and other documents.
2. 50%-Design -Development -documents -consists -of -continued -development -and
expansion of the Architectural, Structural; MEP/FP, Landscape and Civil validated
Schematic Design Documents, provided by the city, to establish the final scope,
relationships, forms, size, and appearance of each element through:
a. Plan sections and elevations;
b. Typical construction details; and
c. Final materials selection.
d. Evaluate and select structural system. Consultant shall provide alternative
plans during this Phase in order to provide to City of Miami and CM far
evaluation and recommendations. The selected system shall be designed in
the documents for the 100% Design Development Submittal.
e. MEP/FP drawings shall indicate systems as single lines for this Phase.
3. The updated Design Development Schedule shall show the proposed completion
dates of each milestone of the Project through design, bidding, construction and
proposed date of occupancy. Consultant and the Construction Manager (CM) shall
also detail all long lead procurement items and architecturally/engineering
significant equipment that shall need to be purchased prior to the completion of
Construction Documents.
Contract No. OS , 624 Page 19
City's Initials:
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
4. Consultant shall not proceed with further development until approval of the 50%
Design Development documents is received in writing from City and CM at Risk
has provided analysis of constructability and statement of Probable Construction
Cost for review and approval.
5. Provide updated Statements of Probable Construction Cost in CSI format, If either
statement of Probable Construction Cost exceeds allocated funds by more than ten
(10%) percent, Consultant and the CM 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 to reflect this
change in scope and the City of Miami agreed/Approved to comments in the
following Phase (100% Design Development).
A2.02-B 100 % Design Development:
Consultant and the design team shall prepare and present four (4) copies in writing, and at oral
presentations, if requested, for approval by City, separate Design Development Documents,
updated Project Development Schedules, and preliminary statement of Probable Construction
Costs.
1. Consultant shall produce 100% Design Development Documents for review and
approval by City, which shall include the following:
100% Design Development consists of continued development and expansion of
the 50% DD Architectural, Structural, MEP/FP, Landscape and/or Civil Design
Documents to establish the final scope, relationships, forms, size, and appearance
of each element. The documents shall also include all of the agreed to scope
modifications from the previous Phase (50% Design Development.
2. The updated Development Schedules shall show the proposed completion dates of
each milestone of the Project through design, bidding, construction and proposed
date of occupancy. Consultant & CM shall also detail all long lead procurement
items and architectural/engineering significant equipment/materials that shall need
to be purchased prior to the completion of Construction Documents.
3. Consultant shall not proceed with further development until approval of the 100%
Design Development documents is received in writing from City and CM at Risk
has provided analysis of constructability and statement of Probable Construction
Cost for review and approval,
4. Provide updated Statements of Probable Construction Cost in CSI format. If either
statement of Probable Construction Cost exceeds allocated funds by more than ten
(10%) percent, Consultant and CM 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 to reflect this change in
scope and City of ,Miami agreed/approved to comments in the following Phase
(50% Constructioh Documents).
A2.03 CONSTRUCTION DOCUMENTS
A2.03-A 50% Construction Documents:
From the approved 100% Design Development Documents, Consultant shall prepare for written
approval by City, Final Construction Documents setting forth all design drawings and
specifications suitable for bidding, permitting and the construction of the facility. The documents
will also include all of the agreed to scope modifications from the previous Phase (100% Design
Development).
Consultant will produce a 50% CD Set for review and approval by City, this Phase will include the
following:
Contract No. 08-2624
City's Initials:
t
Consultant's Initials;
Page 20
PROFESSIONAL SERVICES AGREEMENT
1. A Drawing Cover Sheet listing an index of all number of drawings by each
discipline. We will 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. Consultant shall not proceed with further Phases of construction document
development until approval of the previous Phase is received in writing from the
City and CM has provided analysis of constructability and statement of Probable
Construction Cost for review and approval.
4. Provide updated Statements of Probable Construction Cost in CSI format, If either
statement of Probable Construction Cost exceeds allocated funds by more than ten
(10%) percent, Consultant and CM 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 to reflect this change in
scope and City of Miami agreed/approved to comments in the following Phases,
5. A Project Specifications index and Project Manual with the 50% CD Set Final of the
Specifications completed.
6. Consultant will 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.
7. Consultant shall not proceed with further Phases of construction document
development until approval of the 50% CD Phase 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 50% Documents review (check) set shall be returned to
City upon submission of 95% GMP/ Permit Set of documents and Consultant shall
provide an appropriate response to all review comments noted on these previously
submitted documents.
8, Consultant shall submit the special conditions, which should be provided by the
City of Miami, separate from the technical specifications.
A2.03-8 95% Construction Documents/GMP/ Permit Set:
95% CDJGMP/Permit Set consists of continued development and expansion of the 50% CD
Architectural, Structural, MEP/FP, Landscape and/or Civil Design Documents to establish the
final scope, relationships, forms, size, and appearance of each element. The documents will also
include all of the agreed to scope modifications from the previous Phase (50% CD).
Consultant shall produce a 95% CD/GMP/Permit Set for review and approval by the City, this
Phase will include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each
discipline. We will 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.
Contract No. 08 624
City's Initials:
3. Consultant shall not proceed with further Phases of construction document
development until approval of the previous Phase is received in writing from the
City and the CM has provided analysis of constructability and statement of
Probable Construction Cost for review and approval.
Consultant's Initials:
Page 21
PROFESSIONAL SERVICES AGREEMENT
4. Provide updated Statements of Probable Construction Cost in CSI format. If either
statement of Probable Construction Cost exceeds allocated funds by more than ten
(10%) percent, Consultant and the CM 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 to reflect this
change in scope and City of Miami agreed/approved to comments in the following
Phases.
5. A Project Specifications index and Project Manual with the 95% CD/GMP/Permit
Set Final of the Specifications completed.
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.
7. Consultant shall not proceed with further Phases of construction document
development until approval of the 95% CD/GMP/Permit Set 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 95% Documents review (check) set shall
be returned to City upon submission of Final Construction Documents and
Consultant shall provide an appropriate response to all review comments noted on
these previously submitted documents.
8. Consultant shall submit the special conditions, which should be provided by the
City of Miami, separate from the technical specifications.
A2.03-C Final Construction Documents:
Final Documents consist of the integration of all of the Permitting comments and City of Miami
review comments. Deliverables shall include a complete set of Construction Contract Documents
for the construction of the project.
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 four (4) copies to be
submitted, five (3) 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.
Contract No. 08 f 624 Page 22
i -
Consultants Initials:
PROFESSIONAL SERVICES AGREEMENT
A2.05 SOLICITATION & AWARD OF CONSTRUCTION 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 or proposals, determining the
responsiveness of bids or proposals and assist in 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 ail 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 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 support services for
the construction contract as provided by this Agreement, and as provided by law.
-A2.06 2
The Consultant, in its capacity of providing support services 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 its. Agreement with the City.
Contract No. 08-.-24 Page 23
City's Initials:
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
A2.06-3
The Consultant and respective Subconsultants shall visit the site to periodically conduct field
observations 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 Construction Documents. The Consultant shall
provide any site visits necessary for certification if required by the authorities having jurisdiction.
The Consultant shall report to the City on finding that any construction work is not proceeding in
accordance with the Construction Documents, including any defects and deficiencies that may be
observed in the Work. The Consultant 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 unless specifically directed in writing by the City. Such
direction would be considered Additional Services. Contractor shall be responsible for the
preparation and distribution of the construction progress meetings. Consultant 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
submit the reports in a timely manner. 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 fees paid to the Consultant for construction support services.
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 Documents 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.
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 City 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.
Contract No. 08 624 Page 24
City's Initials: Consultant's Initia{s:
PROFESSIONAL SERVICES AGREEMENT
A2.06-7
The Consultant shall have the authority to recommend rejection of Work which does not conform
to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it
necessary or advisable to insure compliance with the Contract Documents, the Consultant will
have the authority to recommend special inspection or testing of any Work deemed to be not in
accordance with the Contract, whether or not such Work has been fabricated and/or delivered to
the Project, or installed and completed.
A2.06-8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project
Manager and/or Director of Capital Improvements Program. 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, its 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
Contract No. 08-- 24 Page 25
City's Initials:
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
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 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 2007 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 42" x 30" sheets and one electronic copy.
A2.06-16
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 POST CONSTRUCTION PHASE:
Subsequent to the acceptance of the Work, and prior to the expiration of the warranty period of the
Project, the Consultant shall, in conjunction with the City inspect the facility, in an effort to observe
deficiencies in construction or other issues the City should address prior to expiration of the warranty
period. The Consultant shall provide the City with a written report of all such findings.
ARTICLE A3 ADDITIONAL SERVICES
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are
normally considered to be beyond the scope of the Basic Services. Additional Services shall either be
identified in a Work Order or shall be authorized by prior written approval of the Director or City
Manager and will be compensated for as provided in Attachment B, Section B3.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited
to the following:
A3.02-1
Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies
of prospective sites. Surveys of the existing structure required to complete as -built documentation
are not additional services.
A3.02-2
Appraisals: investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
A3.02-3
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-4
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of
City's personnel in operation and maintenance of equipment and systems,_and consultation during
such training; and preparation of operating and maintenance manuals, other than those provided by
the Contractor, subcontractor, or equipment manufacturer. Provide Commissioning Services as part
of systems start-up.
A3.02-5
Contract No. O8- 624 Pa e 26
City's Initials: Consultant's Initials:d
PROFESSIONAL SERVICES AGREEMENT
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).
A3.02-6
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any
proceeding during the course of this Agreement.
A3.02-7
Miscellaneous: Any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural/engineering practice related to
construction.
A3.03 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.
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 require, 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.
Contracl.No. 08-24 Page 27
City's Initials:
Consultants initials:
PROFESSIONAL SERVICES AGREEMENT
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-builts 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.O i-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.
Contract No. 08- 624
City's Initials:
P ge28
Consultant's Initials:
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A
SCOPE OF WORK
SCHEDULE Al, - SUBCONSULTANTS
FIRM NAME
CONSULTING FIELD
Leo A. Daly
Prime. Project Management,
Architecture, Planning, and Interiors
CIVICA , LLC
Architectural Design Consultant
Fortin, Leavy, Skiles, Inc.
Civil Engineering
Timothy Haahs & Associates, Inc.
Structural Engineering
Louis J. Aguirre and Associates
Mechanical, Electrical, Plumbing, and Fire
Protection Engineering
Rosenberg Gardner Design
Landscaping & Irrigation
Hanscomb Means
Cost Estimating
Contract No. 08- 624
City's Initials:
Consultant's Initials:
Page 29
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
LEO A DALY
Agustin J. Barrera, AIA
Principal
Abdel F. Martel
Project Director
David A. De Valeria
Project Designer
Isis M. Mojicar-Hunt, AlA
Project Manager
Sergio Pendas, AIA
Project Architect
Liliana Leis
Architecture
Rafael Fleitas
Architecture
Omar Moreno, ALA
Architecture
Jerry Beattie, AIA
Project Architect, QA, QC
Robert J. Pielow, P.E.
Life Safety Specialist
Samantha Prier
Life Safety
CIVICA. LLC
Rolando Llanes, RA
Principal
Julio Guillen
Project Designer Consultant
Tomasz Modzelewski
Architecture
Fortin,"Leavy,-Skiles,"Inc.
—"---
-
Lazaro Guerra, P.E.
Principal Engineer
Carl Skiles, P.E.
Principal Engineer
Robert Pippin
Engineering Technician
German Merchant
Engineering Technician
Dan Fortin, Sr.
Land Surveyor
Renee Baccari
Project Coordinator
Rosenberg Gardner Design
-Ken-Gardner
Landscape* Li}itect
Bill Rosenberg
Landscape Architect
Contract No. 08-
City's Initials:
•
24
Consultant's Initials
Page 30
PROFESSIONAL SERVICES AGREEMENT
Son Truong
Landscape Architecture
Kiehl Semler
Landscape Architecture
Timothy Haahs & Associates, Inc.
Timothy Haahs, P.E.
Principal
E. James Ebert, P.E.
Project Manager
Noll Alarcon, P.E.
Chief Engineer
Esneyder Montoya, P.E.
Senior Structural Engineer
Victor Caban, LEED AP
Project Designer
Louis J. Aguirre and Associates, PA.
Louis J. Aguirre, P.E., LEED AP
Principal
Sergio R. Serrano, P.E. LEED AP
Mechanical Engineer
David Carranza, P.E.
Mechanical Engineer
Eduardo Suarez, P.E.
Mechanical Engineer — Plumbing
Richard Morales
Mechanical Engineering — Plumbing
Valentin Alvarez
Mechanical Engineering — Plumbing
Ernesto Santana, P.E.
Mechanical Engineer — Fire Protection
Mario Pazos, P.E.
Electrical Engineer
Anthony Gonzalez
Electrical Engineering
Alejandro Prof
Electrical Engineering
Hanscomb Means
Green Building Services
Tilt -Con Corporation
Contract No, 08- "'24
Citys Initials: 8}C;
Consultant's Initials:
Page 31
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 METHOD OF COMPENSATION
The fees for Professional Services for the Project and each Work Order shall be determined by one of the
following methods or a combination thereof, at the option of the Director or designee, with the consent of
the Consultant.
a) A Lump Sum, which may include not to exceed components (See Section 63.01).
b) An Hourly Rate, as defined in Section B3.02
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 shall 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
certified negotiated Wage Rates. The Wage Rates are summarized in Schedule B1 incorporated herein
by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of
Consultant and Subconsultant employees in the specified professions and job categories that are to be
utilized to provide the services under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These include architects, engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, GIS and environmental specialists, specification writers,
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular
Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, a maximum multiplier of 2.9 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.
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,
Contract No. 08-2624 Paoe 32
City's Initials: Consultant's Initials:
available staff and projected man-hours required for the proper completion of tasks andior 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 Shane calculated by multiplying the ratio of the index -in effect at that time divided by
the previous year's index by the hourly rate entries in the Wage Rate Schedule to determine the adjusted
Wage Rate Schedule. The maximum increase in any adjustment shall be limited to three percent (3%) in
any one year period.
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order. Lump Sum compensation Is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where all aspects of
Work are clearly defined, quantified and calculated.
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 Lump Sum compensation. Such verification shall present sufficient information as
depicted in Schedule A2.
Contract No. 0824
City's Initials:
P e33
Consultant's initials:
B3.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees
identified in Consultants proposal dated April 21. 2009. 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 theTotal Authorized DesignValue of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
B3.03-1(a) The Total Authorized Design Value shall be used and identified in the Work Order as the
basis for establishing the compensatory fee for all phases identified as part of Basic Services.
B3.03-1(b) If the actual construction cost is increased during the construction phase, the "Actual
Construction Cost" shall be used as the basis for determining the fee for Construction Administration
Phase if included in Basic Services.
B3.03-1(c) The term "Actual Construction Cost" does not include any compensation to the
Consultant, the cost of the land, rights -of -way, works of art, permit fees or other costs which are the
responsibility of the City.
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 the Project. All reimbursable services
shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in
excess of sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
63.05 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
deductiveattemates-#hat-are-beyond-the-original-Scope-of-Wor4C-and-eonsti-uetien-bt get- nay-be-bi1ed to
City as Additional Services. The fees for alternates will be calculated by one of the three methods
outlined above, as mutually agreed by the Director and the Consultant.
Contract No. 08- 24
City's Initials:
Consultant's Initials:
Page 3.4
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/panes(
ProcurementOpportunities,
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
134.01 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/panes/ProcurementOpportunities.
Failure to use the City Form will result in rejection of the invoice.
B4.02FOR COMPREHENSIVE BASIC SERVICES
For those Projects and Work Orders where comprehensive design services are stipulated, said payments
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
B4.03 BILLING — HOURLY RATE
Invoices submitted by Consultant_ shall be sufficiently detailed nd accompanied by $uppsrtirtg
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.
Contract No. 08-• .24
City's Initials:
ftol
Consultant's initials:
e 35
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.
do addition to the invoice, -the Consultant shall, for Hourly Rate -authorizations, submit -a-progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
B4.05DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual
expenditures made by the Consultant and the 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, Broward, and Palm Beach Counties. Transportation
expenses to locations outside the Miami-Dade-Broward-Palm Beach County area or from locations
outside the Miami-Dade-Broward-Palm Beach County area will not be reimbursed unless specifically
pre -authorized in writing by the Project Manager. Such pre -authorization will be subject to the
limitations of Section 112.061, Florida Statutes, as amended.
B5.01-2 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging, 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 Counties.
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
Cost of printing, reproduction or photography, which is required by or of Consultant to deliver
services, setTorth 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.
Contract No. 0�6- 24
City, 's Initials:
Consultant's Initials:
Page 36
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 Consultant's Agreements and/or Work Orders for existing or new Work include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without
the necessity of further approvals, compensation, fees or documents being required and without recourse
for such re -use.
Contract No. 08- .24 Page 37
City's initials:
w
Consultant's Initials:
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - COMPENSATION SUMMARY
Major Task andlor Activity
Fee Amount
Schematic Design Validation
$ 484,665.04
50% Design Development
$ 678,531.06
100% Design Development
$ 678,531.06
50% Construction Documents
$ 969,330.08
95% Construction Documents (Permit Set)
$ 969,330.08
Development of 95% Construction Documents
GMP Bidding Process
Permitting
Final Construction Documents (Construction Set)
$ 242,332.52
Construction Support Services
$ 726,997.56
Project Close -Out
$ 96,933,01
Contract No. 08-
City's initials:
Consultant's Initials:
Page 38
Stadium Parking Garage
Design Services Agreement
CM@Risk Provisions
Attachment I
Award of CM( Risk Contract
Consultant shall assist in the selection and award of the contract for Construction Manager at
Risk services. These services shall included the review of proposals received by the City,
providing technical advice to CIP and the Evaluation Committee and assisting CIP in the
negotiation of an agreement with the company selected to provide Construction Manager at
Risk services for the construction of the stadium site parking. For purposes of this Attachment
the Construction Manager means a contractor hired by the City under a separate contract to
provide Construction Manager at Risk services for the construction of the Project.
Design Coordination
Consultant shall make every effort to maximize the participation of the Construction Manager at
risk (Construction Manager) in the design process in an effort to reduce the potential for errors
and omissions and help ensure the proper coordination of the drawings. This will also reduce
the potential for monetary or delay change orders and claims during construction.
Pre -Construction Reviews
Construction Manager is responsible to conduct a design review during each phase of the
design from Schematic Design through Construction Documents. During each of phase of
design the Consultant shall work with the Construction Manager in reviewing and developing the
design and construction documents, taking into account the quality and sources of materials
and equipment, to ensure the most efficient design and minimum lifecycle cost. The
Construction Manager is required to provide information, estimates, and recommendations
regarding construction materials, methods, systems, phasing, and costs, and shall participate in
design decisions to provide the highest quality within the budget and schedule.
Consultant shall review and provide comments to the City and the Construction Manager on the
information, estimates and recommendations submitted by the Construction Manager.
Consultant shall maintain a record of each of the recommendations submitted by the
Construction Manager. Said record shall reflect the action taken on each recommendation,
including but not limited to, incorporation into the design or specifications, or not incorporated
into the design or specifications. If a recommendation is not incorporated the Consultant shall
state the basis for not incorporating the recommendation. Consultant shall continuously update
the record and provide, at a minimum, a copy to the City and Construction Manager on a weekly
basis. The City may request that the Consultant re -review a recommendation and/or meet with
the Consultant and/or Construction Manager to discuss the action taken on a
recommendation(s).
Constructability Reviews
Consultant shall coordinate with the Construction Manager in the review of the design and
construction documents for completeness and coordination. Consultant shall review and
rebput-to--recuniu endations—resuitin-g frulrl ity Reviews. If d
recommendation is not incorporated the Consultant shall state the basis for not incorporating
the recommendation. Consultant shall continuously update its record and provide, at a
minimum, a copy to the City and Construction Manager on a weekly basis. The City may
Contract No. 08-2 24
Cfty's Initials:
Consultant's Initials'
Page 39
request that the Consultant re -review a recommendation and/or meet with the Consultant and/or
Construction Manager to discuss the action taken on a recommendation(s).
Cost Control Management
Construction Manager is responsible in conjunction with the Consultant to prepare cost
estimates and evaluate the cost estimates against the construction budget and the Construction
Manager is responsible to recommend appropriate action to correct and/or avoid potential cost
overruns. Consultant shall review all such recommendations and provide a report on the
actions taken by the consultant concerning each recommendation. If a recommendation is not
incorporated the Consultant shall state the basis for not incorporating the recommendation.
Consultant shall continuously update its record and provide, at a minimum, a copy to the City
and Construction Manager on a weekly basis. The City may request that the Consultant re -
review a recommendation and/or meet with the Consultant and/or Construction Manager to
discuss the action taken on a recommendation(s).
Life Cycle Cost Analysis
Construction Manger may be responsible for conducting an analysis of certain system such as
the Building envelope, HVAC, and Lighting, Consultant shall assist the City in reviewing any life.
cycle cost analyses submitted and recommend any action that should be taken based on such
review.
Project Master Schedule
Consultant is responsible to maintain its project schedule until such time as the Master Project
Schedule (Schedule) is developed, at which time the design schedule shall be incorporated into
the Schedule.
The Construction Manager has responsibility to develop a Schedule and Consultant shall assist
the Construction Manager in the development of the Schedule. Upon review and acceptance by
the City of the Schedule Consultant shall assist the City in monitoring the Schedule to assist the
City in determining the accuracy of the Schedule as it is updated to track the progress of the
Project. Consultant shall report any deviations from the project schedule or errors in the
progress Schedules submitted by the Construction Manager during construction of the Project.
Consultant shall assist the City and the Construction Manager in identifying options to recover
lost construction time.
GMP Proposal
Consultant shall provide assistance as requested in the evaluation of the Construction
Manager's pre -construction fee proposal and their GMP submittal(s).
Contract No. 08-.i.24 Page 40
City's initials
Consultant's Initials:
CORPORATE RESOLUTION
WHEREAS, Leo A. Daly Company , 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 Managing Principal
(type title of officer)
Agustin J. Barrera , 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 15th day of June , 20 09 .
i' -v
Jerry L.lorris, A
rporate c etary
(Corporate Seal)
PLANNING
ARCHITECTURE
ENGINEERING
INTERIORS
EST. 1915
ATLANTA
AUSTIN
BRYAN
DALLAS
DENVER
FORT WORTH
HONG KONG
HONOLULU
HOUSTON
LAS VEGAS
LOS ANGELES
MIAMI
MINNEAPOLIS
OMAHA
PHOENIX
SAN ANTONIO
SAN MARCOS
TIANJIN
WACO
WASHINGTON, DC
FLORIDA LICENSE
No. AA-0000734
3390 MARY STREET
SUITE 216
MIAMI, FL 33133
TEL 305.461.9480
FAX 305.461.3686
w ww.leoa dal y.com
LEOADi1LY
June 5, 2009
City of Miami
Department of Capital Improvements Program
444 SW 2"d Avenue, Eight Floor
Miami, Florida 33130
Attn:
Re:
Dear Mr, Aluko,
Mr. Ola O. Aluko
Director — Capital Improvements Program
Martins Stadium Site Parking Project
Utilization of Certified Business Enterprise (CBE)
LEO A DALY is in receipt of your correspondence dated May 4, 2009. Through that letter, City of
Miami, pursuant to Resolution 09-020, requested our firm to look further into utilizing CBE's in our
Marlins Stadium Site Parking. We fully appreciate the City of Miami Commission, specifically
Commissioner Spence Jones' position, with regards to the participation of Small Business in
Government Contracts.
As business leaders in our community, we realize the importance of including small businesses in
institutional projects. Therefore, we thoroughly reviewed the City of Miami RFQ i!= 08-09-017 for the
selection of an A/E Firm during the solicitation process and learned that there was not a specific
requirement to include small businesses as part of the professional services team for this project.
However, we are pleased to report that we assembled a team jn which five of our six sub rnnsllltant'
are Certified Business Enterprise (CBE) firms, which represents 26% of the total fee or $1,232,237.50.
We are committing to add an additional CBE firm to the team at a 2% participation level; this will
increase our CBE participation to 28% or $1,327,024.96.
The firms with current CBE status that will be working with LEO A DALY in the design of this project
along with their respective percent of participation are as follow:
Firms
CIVICA Group
Hanscomb Means
Fortin Leavy Skiles, Inc
Rosenberg Gardner
Louis J. Aguirre & Associates
TBD
TOTAL
Discipline
Architectural
Cost Estimating
Civil Engineering
Landscape Architecture
M-E-P-FP Engineering
Architectural
Percent of Fee
2%
2%
5%
1%
17%
2%
28%
Should there be any questions regarding the content of this letter or if any further information is
necessary to complete the processing of our Contract, please do not hesitate to contact our office.
Cordially,
LEO A DALY
Agdstin J. Barrera
Senior Associate, Managing Principal
Cc: Mr. Pedro G. Hernandez, City Manager, City of Miami
Mr. Gary Fabrikant, Assistant Director, COM Capital Improvements Program
Mr. Abide! Martel, LEO A DALY
RFP./Contract Project File RECEIVED
JUN. 1 6 2009
CAPITAL ,MPROVEMENTs