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CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Civil Engineering Services (RFQ No. 09-10-012)
Miscellaneous Services
Metric Engineering, Inc.
13940 S.W. 136"Street, Suite 200, Miami, Florida 33186
Citv Code Section 18-87
THIS AGREEMENT made this � day ofMi in the year 2011 by and
between THE City OF MIAMI, FLORIDA, hereinafter called the "City," and (Consultant's Name),
hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 09-10-012 on March 5,
2010 for the provision of Civil Engineering Services for the design of the Roadway Projects
("Services") and Consultant's proposal ("Proposal"), in response thereto, was selected as one
of the most qualified for the provision of said Services. The RFQ and the Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are by this
reference expressly incorporated into and made a part of this Agreement as if set forth in full.
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
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Metric Engineering, Inc.
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 are expressly incorporated by reference and
made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in a Work Order'
1.05 -City Commission means the legislative body of the City of Miami.
1.06 City Manager means the duly appointed chief administrative officer of the City of Miami.
1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency
which.is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's
performance is pursuant to City's position as the Owner of the Project. In the event the City exercises.its
regulatory authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body and shall not be attributable in any manner to City as
a party to this Agreement. The City of Miami shall be referred to herein as 'City". For the purposes of this
Agreement, "City" without modification shall mean the City Manager.
1.08 Consultant means the individual, partnership, corporation, association, joint venture, or any
combination thereof, of properly registered professional architects, or engineers, which has entered into
the Agreement to provide professional services to the City.
1.09 Contractor means an individual; partnership, corporation, association, joint venture, or any
combination thereof, which has entered into a contract with the City for construction of City,facilities and
incidentals thereto.
1.10 Director means the Director of the City Department designated herein who has the authority and
responsibility for managing the specific project or projects covered under this Agreement. Unless
otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top
administrator of the Department of Capital Improvements Program or designee.
1.11 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of Work performed by a Contractor.
1.12 Notice To Proceed means same as "Authorization to Proceed." A duly authorized written letter or
directive issued by the Director or Project Manager acknowledging that all conditions precedent have been
met and/or directing that Consultant may begin work on the Project.
1.13 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor Work to be performed under this Agreement and the construction of a projeci as a
direct representative of the City.
1.14 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of
a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined
in the Scope of Services and/or Work Order issued pursuant to this Agreement.
1,15 Professional Services means those services within the scope of the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of
the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or
mapper in connection with his or her professional employment or practice. These services may be
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PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
abbreviated herein as
"architectural/ .engineering services" or "professional services", as applicable, which are within this
definition.
1.16 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of loss for the City.
1.17 Scope of Services or Services means a comprehensive description of the activities, tasks, design
features, objectives, deliverables and milestones required for the completion of Project or an assignment
with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion.
1.18 Sub -consultant means a person or organization of properly registered professional architects,
engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a
written agreement with the Consultant to furnish specified professional services for a Project or, task.
1.19 Wage Rates means the effective direct expense to Consultant and/or Sub -Consultant, on an hourly
rate basis, for employees in the specified professions and job categories assigned to provide services
under this Agreement that justify and form the basis for professional fees regardless of actual manner of
compensation.
1.20 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 Work Order Proposal means a document prepared by the Consultant, at the request of the City for
Services to be provided by the Consultant on a specific phase of a Project.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be for two (2) year(s) commencing on the effective date hereof. This
specified term is intended for administrative and budget control purposes and is not to be considered or
interpreted as a time limitation. This Agreement shall be in place until completion of the Project.
2.02 OPTION TO EXTEND:
The CITY, by action of the CITY MANAGER, shal! have the option to extend the term for .2 additional
period(s) of one (1) year(s) each, subject to continued satisfactory performance as determined by the
Director, and to the availability and appropriation of funds. City Commission authorization of this
Agreement includes delegation of authority to the CITY MANAGER to administratively approve said
extensions provided that the compensation limits set forth in 2.04 are not exceeded.
2.03 SCOPE OF.SERVICES .
Consultant agrees to provide the Services as specifically described and under the special terms and
conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part
of this Agreement.
2.04 COMPENSATION
.2.04-1 Compensation Limits
The amount of compensation payable by the City to Consultant will shall generally be a lump sum or
not to exceed fee, based on the rates and schedules established in Attachment B hereto, which by
this reference is incorporated into this Agreement; provided, however, that in no event shall the
amount of compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of
the Agreement and any extension(s), unless explicitly approved by action of the City Commission and
put into effect by written amendment to this Agreement. The City may, at its sole discretion use other
compensation methodologies.
2.04-2 PaVments
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
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PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
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 Sub -Consultants or sub -contractors 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 an 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 Julfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation.
ARTICLE 4 SUB -CONSULTANTS
4.01 GENERAL
-4.01-1 A Sub -Consultant, as defined in Article 1.18 is a firm that was identified as part of the
consulting team in the competitive selection process by which Consultant was chosen to perform the
services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto
and incorporated by reference..
4..01-2 A Specialty Sub -Consultant is a person or organization that has., with the consent of the
Director, entered into a written agreement with the Consultant to furnish unique and/or specialized
professional services necessary for a project or task described under Additional Services. Such
Specialty Sub -Consultant shall'be in addition to those identified in Schedule Al.
4.02 SUB -CONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Sub -Consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Sub -Consultants, which shall contain provisions
that preserve and protect the rights of the City under this Agreement.
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4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship
between the City and the Sub -Consultants. The Consultant acknowledges that Sub -Consultants are
entirely under his direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUB -CONSULTANTS
The Consultant shall not add or modify change any Sub -Consultant listed in Schedule Al without prior
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder
the City, in addition to all remedies available to it by law, may immediately, upon written notice to
Consultant, terminate this Agreement -whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not release
Consultant from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of Default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of Default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under
this Agreement, with any terms or conditions set forth in this Agreement or in any
agreement it has with the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated
herein, or fails to complete the WORK in a timely manner as required by this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
City through the Director or designee shall provide written notice to Consultant as to a finding of default,
and Consultant shall take all necessary action to cure said default within time stipulated in said notice,
after which time the City may terminate the Agreement. The City at its sole discretion, may allow
additional days to perform any required cure if Consultant provides written justification deemed reasonably
.sufficient.
Should any such failure on the part of Consultant be due to a condition of Force Majeure as that term is
interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with
the cause of such failure to perform or cure.
ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERM [NATE
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.
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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 compliance
with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or
entitlement it may have, or will, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if
breach of contract .has not been corrected within sixty (60) days from the. date of the City's receipt of a
written statement from Consultant specifying its breach of its duties under this Agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate the Agreement
without liability. and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
ARTICLE 7 DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS'
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained
under this Agreement, as well as all data collected, together with summaries and charts derived there
from, including all electronic digital copies will be considered works made for hire and will, based on
incremental transfer wherein the above shall become the property of the City upon .payments made to
Consultant or termination of the Agreement without restriction or limitation .on their use, and will be made
available, on request, to City at any time during the performance .of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new 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.
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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
Consultant shall indemnify .and hold harmless the City, its officials, agents, directors, and/or employees,
from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's
fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional
wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of
this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and
defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries
or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials
and/or -employees were negligent, unless such injuries or damages are ultimately proven to be the result
of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees.
These indemnifications shall survive the term, cancellation, or termination of this Contract. In the event
that any action or proceeding is brought against the City by reason of any such claim or demand, the
Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel
satisfactory to the City. The Consultant expressly understands and. agrees that any insurance protection
required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate the Consultant to defend, at its own expense, to and
through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City'.s
option, any and all claims of liability and all suits and actions of every name and description which may be
brought against the City whether performed by the Consultant, or persons employed or utilized by
Consultant.
This indemnity will survive the cancellation, termination or expiration of the Agreement. This indemnity will
be interpreted under the laws of the'State of Florida, including without limitation and interpretation, which
conforms to the limitations of §725.06 and/or §725.08, Florida. Statutes, as amended and as applicable.
The Consultant shall require all Sub- Consultant agreements to include a provision that they will indemnify
the City.
The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Consultant in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any
submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant or Sub- Consultant, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent
consideration for the voluntary and informed granting of this Indemnification, the receipt and sufficiency of
which is acknowledged by the Consultant.
ARTICLE 9 INSURANCE
The Consultant shall not start Services. under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
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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, as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk. Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request.
9.03 FORMS OF COVERAGE
9.03-1 COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY
The consultant shall maintain commercial general liability coverage with limits of at least
$1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage.
The coverage shall include Premises and Operations, Contingent and Contractual
Liability, and Products and Completed Operations, with additional endorsements as
applicable. The coverage shall be written on a primary and non contributory basis with the
City listed as an additional insured as reflected by endorsement CG 2010 11185 or its
equivalence. Notice of cancellation should read (30) days/ (10) days for nonpayment.
'9.03-2 BUSINESS AUTOMOBILE
The consultant shall provide business automobile liability coverage including coverage for
all owned, hired and non owned autos with a minimal combined single limit of $1,000,000
naming the City as ah additional insured with respect to this coverage. Notice of
cancellation should read (30) days/ (10) days for nonpayment.
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and
Omissions coverage in the minimum amount of.$1,000,000.per, claim, $1,000,000
aggregate providing for all sums which the Consultant shall be legally obligated to pay as
damages for claims arising out of the services performed by the Consultant or any person
employed by the Consultant in connection with this Agreement. This insurance shall be
maintained for at least one year after completion of the construction and acceptance of
any project covered by this Agreement.
9.03-4 WORKER'S COMPENSATION INSURANCE
The Consultant shall maintain Worker's Compensation Insurance in compliance with
Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit
of $500,000 each occurrence.
SUB -CONSULTANT COMPLIANCE
Consultant shall ensure that ala Sub -consultants comply with these same insurance
requirements.
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9.04
MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to Time, represents the entire and integrated agreement
between the City .and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant. 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 governed by the laws of the
State of Florida. Any suit or action brought by any party, concerning this agreement, or arising out of this
agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees
except in actions arising out of Consultant's duties to indemnify the City under ARTICLE 8 where
Consultant shall pay the City's reasonable attorney's fees.
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
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the place last
specified. and the place for giving of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving of notice:
FOR City of Miami:
Albert Sosa, P.E.
Assistant Director
City of Miami
Department of Capital Improvements (CIP)
444 S,W. 2nd Ave., - 8`h FI
Miami, Florida 33130
For Consultant:
Metric Engineering
Robert Linares, P.E.
Senior Vice -President
13940 S.W. 136`h Street, Suite 200
Miami, Florida 33186
10.07 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual intent and no
rule of strict construction shall be applied against either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City and Consultant and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of
the parties than any other.
10.09 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
10.10 MEDIATION - WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
design and /or construction of the subject project(s), and/or following the completion of the projects(s), the
parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation
prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator,
who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County,
State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant
agrees to include such similar contract provisions with all Sub -Consultants and/or independent contractors
and/or Consultants retained for the project(s), thereby providing for non-binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion Of any, litigation the parties voluntarily waive their right to jury trial or
to file permissive counterclaims in any action arising under this Agreement.
Page 13
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering. Inc.
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.
Non -Discrimination
City warrants and represents that it does not and will not engage in discriminatory practices and that
there shall be no discrimination in connection with Consultant's performance under this Agreement on
account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant
further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be
de.nied services, or be subject to discrimination under any provision of this Agreement.
10.12-1 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.
10.12.2 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act ("ADA') in the course of providing any work, labor or services funded by
the City, including Titles I & II of the ADA (regarding nondiscrimination on the basis of
disability) and all applicable regulations, guidelines and standards. Additionally—the
Consultant shall take affirmative steps to—insure nondiscrimination in employment of
disabled persons.
10.13 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or
other business enterprise between the parties. The Consultant has no authority to bind the City to any
promise, debt, default, or undertaking of the Consultant.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within
the exercise of the reasonable professional discretion of the Director or the Director's authorized
designee.
10.15 RESOLUTION OF CONTRACT DISPUTES:
Consultant understands and agrees that all disputes between it and the City based upon an alleged
violation of the terms of this Agreement by the City shall be submitted for resolution in the following
manner.
The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit
a copy to the City of Miami personnel identified in Article 10.06, Notices.
Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their
dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in
Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the
issues relative to the dispute and issue a written finding.
Page 14
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
Should the Consultant
and the Assistant Director -Contracts fail to resolve the dispute the Consultant shall submit their dispute in
writing within five calendar days to the Director. Failure to submit such appeal of the written fording shall
constitute acceptance of the finding by the Consultant. Upon receipt of said notification the Director shall
review the issues relative to the dispute and issue a written finding.
Consultant must submit any further appeal in writing within five calendar clays to the City Manager. Failure
to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant.
Appeal to the City Manager for his/her resolution, is required prior to Consultant being entitled to seek
judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000,
the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall
not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if
applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of
the dispute, accompanied by all supporting documentation, or a period of (90) days has expired
where City Manager's decision is subject to City Commission approval; or
(iii) City has waived compliance with the procedure set forth in this section by written instrument(s)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and Is being engaged to provide services to the City as an independent
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.
Page 15
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written, ;
WITNESS/ATTEST:
Signature
aAouc y &2Ez ScGI
Print Name, Title
ATTEST: i
Consul t Secretary
(Affirm Consultant Seal, if available)
ATTEST:
Metric E ineering, Inc.
IA! Z��'/
Signal re
koiz-?,nLi t f E� PE/srz-1J�'c �T-
Print Name, Title of Authorized Officer oOfficial
(Corporate Seal)
CITE' OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City C)erkj City Manager
L Id
APPROVED S T IN tJRANCE APPROVED AS TO. LEGAL FORM AND
REQUIRE ENTS CORRECTNESS:
r
Gary eshefs y, irector idle 0, Bru, City Attorney
Ris Manage e Department
Page 16
PROFESSIONAL SERVICES AGREEMENT
. Metric Engineering, Inc.
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
VAC—I GZI --1✓i.�C-�lZ�'Ee(2-1iZ)IS, , a corporation organized and existing under
the laws of the State of f 1, 0 21 b, , held on the 15 day of aoto , a
resolution was duIX passed and adopted authorizing (Name)_Yff& LI � � � t?C— as
(Title)S2.Vi� T�six;� of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF I have hereunto set my hand this 1 , day of k2 ,
20
Secretary: °" r
Print: ' 4A(2,( L t✓ Z
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:
Did[ I ICS cal lu c3uul GJSGJ H1al U 1t;1 Z.
Name Street Address I City State zip
Page 17
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture, If there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 20_
Signed:
Print:
NOTARIZATION
STATE OF
) SS:
COUNTY OF
The foregoing instrument was acknowledged before
2d , by
known to me or who has produced
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
me this day of
who is personally
as identification and who
Page 18
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
ARTICLE Al GENERAL
Civil Engineering Services shall include, but are not limited to, complete planning and design
services, permitting, pavement analysis surveying, roadway analysis, geotechnical, options
evaluations, public meetings, detailed assessments and recommendations, cost estimates,
opinions of probable construction cost, review of Work prepared by Sub -consultants and other
consultants, field investigations and observations, post design services, construction
administration, and other related Services as needed to complete the Project. Consultant shall
provide comprehensive Civil 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 and Florida Department of Transportation's latest version of the
Construction Project Administration Manual. 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 civil engineering professional services
for the Project.
The Project shall include roadway reconstruction or resurfacing, drainage improvements, storm
water management, swale restoration, curbs, gutters, sidewalks, lighting improvements,
landscaping, signage and striping, verification of City's Pavement Analysis Report within the
Project area; digitally record existing conditions in the Project area; research 311 calls for various
complaints, and any survey, geotechnical, and utility coordination required to produce
complete sets of signed and sealed construction documents, specifications and estimate of
probable construction costs for the Work.
The City will phase the Work required to complete the Project so that the Project is designed and
constructed in the most logical, efficient, and cost effective manner. The Consultant shall be
directed to proceed with each phase of the Project through the use of Work Orders Proposals and
Work Order s.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CIP has determined that a specific phase of the Project is to proceed, the Director or
authorized designee will request in writing, a Work Order Proposal from the Consultant based on
the proposed Scope of Services provided to the Consultant in writing .by the Director or designee.
The Consultant and Director or designee, and others if appropriate, may have preliminary
meetings, if warranted, to further define the Scope of Services and to resolve any questions. The
Consultant shall then prepare a Work Order Proposal following the format provided by the City,
indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Sub -
Consultants, and deliverable items and/or documents.
The Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work
Order Proposal CIP will prepare a Work Order that will be reviewed by CIP staff and the Director
or designee. Upon approval CIP will issue a written Notice to Proceed subsequent to approval of
the Work Order by the Director or designee.
ARTICLE A2 BASIC SERVICES
Page 19
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
Consultant agrees to
provide complete Civil 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 submit one (1) electronic set of all documents and seven (7) copies of
documents required under Article A2, without additional charge, for review and approval by City.
Consultant shall not proceed with the next task of the Work until the documents have been
approved, in writing, by City, and an Authorization to Proceed with the next task has been issued
by City.
"onsultant is solely responsible for the technical accuracy and quality of their Work. Consultant
shall perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and
Section 471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in
accordance with best industry practices, in gathering information and inspecting a Project site
prior to the commencement of design. Consultant shall be responsible for the professional
quality, technical accuracy and coordination of all design, drawings, specification, and other
Services furnished by the Consultant under this Agreement. Consultant shall, without additional
compensation, correct or revise any errors, omissions, and/or deficiencies in its designs,
drawings, specification or other Services. Consultant shall also be liable for claims for delay
costs, and any increased costs in construction, including but not limited to additional work,
demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies
in its designs, drawings, specification or other Services.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed
and constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer wtth representatives of
City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the
requisite detail of design development required to begin .the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and the
remaining items will be called Designs.
A2.01.3
Consultant shall prepare written descriptions of the variOUS options and shall participate in
presentations to multiple groups explaining alternative options. Sufficient detail shall be provided
to support the presentation materials.
A2.01-4
Consultant shall hire the appropriate sub -contractor to provide Civil Engineering services which
are not in-house. Surveys shalt include the location of all site structures including all utility
structures and facilities. Consultant shall also engage a soil testing firm to perform soil borings
and other tests required for new construction work. The extent to which this Work will be needed
shall be based on the surveying and soil borings performed previously by the City. Cost of the
surveyor and soil engineering firm shall be billed as reimbursable expenses.
A2.02 ANALYTICAL REVIE`dt!
Verification of the City's Pavement Analysis Report within the Project area; digitally record existing
conditions in the Project area; research 311 calls for various complaints, especially drainage complaints;
and digitally record project area during significant rain events.
Page 20
A2.03
SCHEMATIC DESIGN
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
A2.03-1 Recommended Course of Action
Consultant shall prepare and present, in writing, for approval by the Project Manager, a
Recommended Course of Action (RCA) for.the areas comprising the Project. The RCA shall include,
but is not limited to:
1. Street name and limits
2. Recommended remediation efforts to bring the subject street up to a minimum "good" rating
as outlined in the Citywide Pavement Analysis Survey
3_ A detailed cost estimate for design and construction that maximize the number of streets that
would be upgraded from poor to at least good.
4. A design and construction schedule for the recommended Course of Action
A2.04 DESIGN DEVELOPMENT
From the approved RCA, Consultant shall prepare and present the following in writing:
1. The design parameters to be used for each street being improved tie, reconstruction, milling and
resurfacing, etc.)
2. The submittal requirements for each street
3. The final cost estimate for design and construction
A2.05 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written
approval by City, Final Construction Documents setting .forth all design drawings and
specifications needed to comprise a fully biddabie, permittaNe, constructible Project.
Consultant shall. produce 30%, 60%, 90% and Final Construction Documents for review and
approval by City, which shall include the following:
1. A drawing cover sheet listing an index of all number of drawings by each discipline. Drawings
not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an
index of all anticipated drawing sheets necessary to fully define the Project.
2. The updated Project Development Schedule to include an outline of major construction
milestone activities and the recommended construction duration periodin calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved
additive and/or deductive alternate bid items, to permit City to award a Construction Contract
within the limit of the budgeted amount.
5. A Project Specifications index and Project Manual with at least '30%, 60%, 90% and Final of
the Specifications completed.
6. Consultant shall include, and will be paid for; City -requested alternates outside of the
established Project scope or that are not constructed due to a lack of funds. No fee will be
paid by City in connection with alternates required by the failure of Consultant to design the
.Project within the Fixed Limit of Construction Cost.
7. Consultant shall provide an index of all submittals required by the Contractor that cleahy
identifies submittals for which the Contractor shall be responsible for design.
B. Consultant shall submit the special or supplemental terms and conditions separate from the
technical specifications.
9. Consultant shall not proceed with further construction document development until approval of
the 30% documents is received in writing from City. Approval by City shall be for progress
only and does not relieve Consultant of its responsibilities and liabilities relative to code
Page 21
PROFESSIONAL SERVICES AGREEMENT
. Metric Engineering, Inc.
compliance
and to other covenants contained in this Agreement. Consultant shall resolve all questions
indicated on the documents and make all changes to the documents necessary in response
to the review commentary. The 30% Documents review (check) set shall be returned to City
upon submission of 60% complete Construction Documents and Consultant shall provide an
appropriate response to all review comments noted on these previously submitted
documents.
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
A2,05-1 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.
A2.05-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of permits at the earliest practicable time
during the performance of the Work, for approval by City, County, State and/or Federal authorities
having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining
any such applicable certifications of permit approval by such authorities prior to approval by CIP of
the final set and printing of the Construction Documents. The Consultant shall promptly, at any
time during the performance of the Work hereunder, advise the City of any substantial increases
in costs set forth in the Statement of Probable Construction Cost that in the opinion of the
Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .pIt, and .pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
A2.06 BIDDING AND AWARD OF CONTRACT
A2.06-1 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.
A2.06-2 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.
A2.06.3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of
bids and the preparation of documents for Award of a contract, If the lowest responsive Base
Bid received exceeds the Total Allocated Funds for Construction, the City may:
Page 22
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or
additional compensation to the Consultant;
3. Suspend, cancel or abandon the Project.
A2.07 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.07-1
The Construction Phase will begin with the issuance of a Notice to Proceed (NTP) and will end
when the Consultant has provided to the City all post construction documents, including
Contractor As -Built drawings, Consultant's record drawings, warrantees, guarantees, operational
manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves
the final payment to the Consultant. During this period, the Consultant shall provide
administration of the construction contract as provided by this Agreement, and as provided by law.
A2.07-2
The Consultant, as the representative of the City during the Construction Phase, shall advise and
consult with the City and shall have the authority to act on behalf of the City to the extent provided
in the General Conditions and the Supplementary Conditions of the construction contract and their
Agreement with the City.
A2.07-3
The Consultant and respective shall visit the site to conduct field observations, at a minimum on a
weekly basis, and at all key construction events to ascertain the progress of the Project, and shall
visit the site as appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Consultant shall provide any site visits necessary for certification if required by the authorities
having jurisdiction. Threshold inspection shall,be provided by the Consultant at no additional cost
to the City. The Consultant shall report on the progress the Work, including any defects and
deficiencies that may be observed in the Work. The Consultant and/or will not be required to
make extensive inspections or provide continuous daily on-site inspections to check the quality or
quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be
responsible for writing.and distributing minutes of all meetings and field inspections report it is
asked to attend. Consultant and will not be held responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with
the Work. The Consultant will not be held responsible for the Contractor's or sub -contractors', or
any of their agents' or employees' failure to perform the work in accordance with the contract
unless such failure of performance results from the Consultant's acts or omissions.
A2.07-4
The Consultant shall furnish the City with a written report of all observations of the Work made by
.Consultant and require all to do same during each visit to the Project. The Consultant shall also
note the general status and progress of the Work on forms furnished by the City and submit
them in a timely manner. The Consultant and the Sub- consultant shall ascertain that the Work
is acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making
timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports
shall be attached to the monthly Professional Services payment request for construction
administration services. The Consultant's failure to provide written reports of all site visits or
minutes of meeting shall result in the rejection of—payment requests and may result in a
proportional reduction in Construction Administration fees paid to the Consultant,
A2.07-5
1. Based on observations at the site and consultation with the City, the Consultant shall
determine the amount due the Contractor based on the pay for performance milestones and shall
recommend approval of such amount as appropriate. This recommendation shall constitute a
representation by the Consultant to the City that, to the best of the Consultant's knowledge;
information and belief, the Work has progressed to the point indicated and that, the quality of the
Page 23
PROFESSIONAL SERVICES AGREEMENT
Metria Engineering, Inc.
Work is in accordance with the contract and the Contractor is entitled to amount stated on the
requisition subject to: a detailed evaluation of the Work for conformance with the contract upon
substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a .requisition site meeting or as stated on
the requisition.
Priar to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, .which shall be
attached to the Contractor's Requisition. Such statement shall be prepared immediately following
the requisition field meeting and shall not be cause for delay in timely payment to the Contractor.
By recommending approval of a Payment Certificate, the Consultant shall not be deemed to
represent that the Consultant- has made any examination to ascertain how and for what purpose
the Contractor has used money paid on account of the Construction Contract Sum.
A2.07-6
The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress of the Work upon written request of either the City or the
Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
A2.07-7
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.
A2.07-8
A2.07-9
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFls and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project Manager
and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10)
calendar days from. receipt of shop drawings, samples, BFI's or other submittals by the
Contractor, to return the shop drawings or submittals to the Contractor with comments indicating.
either approval or disapproval. Consultant shall provide the Contractor ,with a detailed written
explanation as to the basis for rejection.
The Consultant shall initiate and prepare required documentation for changes as required by the
Consultant's own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
A2.07-10
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
Page 24
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
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, taw, and the
contract, and deliver them to the City before final acceptance shall be issued to the Contractor.
A2.07-11
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.
A2.07-12
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 "as -built" documents the Consultant shall rely on the accuracy of the information
provided by the Contractor, including the Contractor's record drawings. Any certification required
under this Agreement including the contents of "as -built" documents is conditioned upon the
accuracy of the information and documents provided by the construction contractor. Transfer o`
changes made by "Change Authorization", "Change Order", "Request for Information", substitution
approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as -
built" and record documents. Changes .made in the field to suit field conditions, or otherwise
made by the Contractor for its convenience, shall be marked by the Contractor on the "Field
Record Set" and transferred to the original contract documents by the Consultant. The original
documents, as well as the "Field Record Set" shall become the property of the City. A
reproducible set of all other final documents will be furnished to the City free of charge by the
Consultant.
A2.07=13
The Consultant shall furnish to the City one complete set of "As -built Drawings", in Auto CADD
Version 2000 or such other format acceptable to the City.
A2.07-14
The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built"
conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings, Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.07-15
The Consultant shall assist the City in the completion of the Contractor's performance evaluation
during construction work and upon final completion of the Project.
Page 25
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
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
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and,
surveys or inventories in connection with construction performed by City.
A3.02-2
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-3
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's
personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, sub -contractor, or equipment manufacturer.
A3.02-4
Major Revisions: Making major revisions to drawings and specifications resulting in or from a change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions
previously given by City and are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof),
A3.02-5
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding,providing, however, that Consultant cannot testify against City in any
proceeding during the course of this Agreement.
A3.02-6
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 shall not be
considered as reimbursable expenses -under this Agreement.
Page 26
PROFESSIONAL SERVICES AGREEMENT
McWc Engineering, Inc.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between Consultant's various permanent offices
and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office.
Cell phones will not be considered as reimbursable expenses under this agreement.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of Consultant's part of the work, set forth in this Agreement.
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 Project Manager.
A4.01-5
Other: Items not indicated in Section 4.01 when authorized by the Program Manager.
A4.02 SUB -CONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
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 AS 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 a Basic Service. or Additional Service.
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 Z
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 Proiect Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.02
A5.01-4
Existing Drawings. Drawings representing as -built conditions at the time of original construction,
subject to as -built availability. However, such drawings, if provided, are not warranted to represent
conditions as of the date of receipt. Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4
above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided Consultant has reviewed all such information to determine if
additional information and/or testing is required to properly design the Project.
Page 27
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
A5.02
CONSTRUCTION MANAGEMENT
A5.02-1
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.
A5.02-2
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.
Page 28
PROFESSIONAL SERVICES AGREEMENT
Metric Engineering, Inc.
SCHEDULE Al. - SUB -CONSULTANTS
FIRM NAME
CONSULTING FIELD
Geosol, Inc.
Geotechnical
Manuel G. Vera & Associates, Inc.
Surveying
Rosenberg Garden Design
Landscape Architecture
Media Relations Group, LLC
Public Involvement
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
Charles Alfaro, PE
Project Manager
Manuel Sauleda, PE
Senior Engineer
Carlos Rodriguez, PE
Project Engineer
Fernando Larios
Engineer
Oskar Perez
Cadd Technician
Joan Santistevan
Administration
Silvia Nuin, PSM
SurveyorlMapper
Ken Gardner
Landscape Architect
Kiehl Semler
Landscape Designer
Luis Pulido/Jesus Lopez/Joseph Vazquez
3 -man crew
.Luis Pulido/Jesus Lopez/Joseph
Vazquez/Camilo Guerrero
4 -man crew
ATTACHMENT 8 - COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE 6.1 METHOD OF COMPENSATION
The fees for Professional Services for each Work Order shall be determined by one of the following
methods or a combination thereof, at the option of the Director or designee, With the consent of the
Consultant.
a) A Lump Sum (See Section 53.01).
bj An Hourly Rate, as defined B3.02in Section and at the rates set forth in Section
NOTE. The Lump Sum manner of compensation is the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the
Consultant payable by the City under this Agreement shall be limited to the amount specified in
Section 2.04-1 as the maximum compensation limit for cumulative expenditures under this
Agreement. Under no circumstances will the City have any liability for work performed, or as
otherwise may be alleged or claimed by. Consultant, beyond the cumulative amount provided
herein, except where specifically approved in accordance with the City Code by the City Manager
or City Commission as applicable as an increase to the Agreement and put into effect via an
Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or
percentage amounts stated for compensation shall not be exceeded. In the event they are so
exceeded, the City shall have no liability or responsibility for paying any amount of such excess,
which will be at Consultant's own cost and expense.
ARTICLE 132 WAGE RATES
62.01 FEE BASIS
All fees and compensation payable under this Agreement shall be formulated and based upon the
averages of the certified Wage Rates that have received and approved by the Director. The averages of
said certified Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage
Rates are the effective direct hourly rates, as approved by the City, of Consultant and Sub -Consultant
employees in the specified professions and job categories that are to be utilized to provide the services
under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These Include architects, engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, GIS and environmental specialists, specification writers,
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular
Wage Rate levels,
132.03 MULTIPLIER
For Work assigned under this Agreement, a multiplier of 2.9 shall apply to Consultant's average hourly
Wage Rates in calculating compensation payable by the City. 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.
62.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall. identify job classifications, available
Page 30
ATTACHMENT B - COMPENSATION
staff and projected man-hours required for the proper completion of tasks and/or groups of tasks,
milestones and deliverables identified under the Scope, of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave,
vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and
an overhead factor. .Failure to comply with this section shall be cause for cancellation of this Agreement.
ARTICLE 183 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
UM;Compensation for a Scope of Work can be a Lump Sum and must to be mutually agreed upon in writing
by the City and the Consultant and stated in a Work Order.
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.
B3.01-1 Lump Sum Fixed Fee shall be the total amount of compensation where all aspects .of Work at
clearly defined, quantified and calculated.
83.01-2 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.
1133..02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees
identified in Schedule B1 Wage Rates. All hourly rate fees will include a .maximum not to exceed figure,
inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost
or expense above this figure.
83.42-2 Conditions for Use:
Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to
determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours, or
milestones for a particular Project or portion thereof at the time. of. Work Order issuance. Hourly Rate
Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will
establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be
performed on an Hourly Rate Basis.
. B3.03 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
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.
133:04 FEES FOR ADDITIONAL SERVICES
The Consultant.may be authorized to perform Additional Services.for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections 83.04 and B3,03
respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets
Page 31
ATTACHMENT B — COMPENSATION
which can be found on the City's Webpage at www.miamigov.com/capitalimprovements/pages/
ProcurementOpportunities.
The webpage also provides the procedures for completing these forms. Failure to use the forms or follow
the procedures will result in the rejection of the Work Order Proposal.
133.04-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit.
83.04-2 Procedure and Compliance
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and, signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultant's Competitive Negotiation Act, and other applicable laws,
83.04-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services and Subconsuttant costs, the Consultant will apply the multiplier
of one- (1.0) times the amount expended by the Consultant.
B3.05 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
83.06 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination. If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4,01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on
the City's Webpage at www miamigov com/Car)itallmprovementsipages/ProcurementOpporfunities.
Failure to use .the City Form will result in rejection of the invoice.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For those Projects and Work Orders where comprehensive design services are stipulated, said payments
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
84.03 BILLING—HOURLY RATE
Invoices submitted 'by Consultant shall be sufficiently detailed and accompanied by supporting
documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate
basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a
project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added.
Page 32
ATTACHMENT B - COMPENSATION
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 maybe requested monthly in proportion to the services performed.
When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by
the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and
total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any
authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all
supporting data for payments made to or costs incurred by Sub -Consultants engaged on the project or
task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
134.05 DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual
expenditures made by the Consultant and the Consultants' employees, Sub -Consultants, and Special
Sub -Consultants in the interest of the Work for the purposes identified below:
$5.01-1 Transportation
Identifiable transportation. expenses in connection with the Project, subject to the limitations of Section
112.061, Florida Statutes, as amended, excluding, however, all, general automobile transportation
expenses within Miami -Dade County. Transportation expenses to locations outside the Miami-Dade-
Bfoward-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.
65.01-2 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 will not be reimbursed within Miami -Dade,
Broward or Palm Beach County.
135.01-3 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. Cell phones will not be considered a
reimbursable expense.
65.01-4 Reproduction, Photography
Cost of printing, reproduction or photography, which is required byor of Consultant to deliver services,
set forth in this Agreement.
Page 33
ATTACHMENT B - COMPENSATION
35.01-5 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.
85.02 REIMBURSEMENTS TO. SUB -CONSULTANTS
Reimbursable Sub -Consultant's expenses are limited to the items described above when the SUB -
Consultant agreement provides. for reimbursable expenses and when such agreement has been
previously approved in writing by the Director and subject to all budgetary limitations of the City and
requirements of ARTICLE B5 herein.
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
It is understood that all Consultant agreements and/or work Orders for new work will include the provision
for the re -use of plans and specifications, including construction drawings, at the City's sole option, by
virtue of signing this agreement they agree to a re -use in accordance with this provision without the
necessity of further approvals, -compensation, fees or documents being required and without recourse for
such re -use:
Page 34
ATTACHMENT B -COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1.- WAGE RATES SUMMARY
Page 35
ADJUSTED
NEGOTIATED
AVERAGE HOURLY
JOB CLASSIFICATION
HOURLY RATE
RATE
Multiplier Applied)
Project Manager
$49.25
$142.83
Sr. Engineer
$50.63
$146.83
Project Engineer
$41.11
$119.22
Engineer
$33.02
$95.76
Engineer Intern
$26.62
877.20
CADD Technician _
$20.60
$59.74
Administrative
$13.00
$37.70
Surveyor I Mapper
$38.12
$110.55
3 Man Crew Dail Burdened
NIA
871.60
4 Man Crew (Daily Burdened
NIA
1072.80
Landscape Architect
$41.53
$120.44
Landscape Designer
$25.17
$72.99
Page 35
. .. CORPORATE. RESOLUTION
WHEREAS, Metric Engineering , 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
r
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 senior vice President
(type title of officer)
Robert Linares, PE
(type name of officer)
is hereby authorized
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 day of 71 U V1 , 20
i2z_U',
6rporate S cretary
(Corporate Beal)